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B-191210 1 (1978-07-21)

handle is hein.gao/gaobadges0001 and id is 1 raw text is: 







                               TME  COMPTROL.LER GENERAL
  OUCIlN                     . OP   THE UNITUe STATES
                            S  vWASHINGTON. 0.C. 2054           5



  FILE:   8-191210                   DATE:   'July 21, 1978

  MATTER C:      Charles R. Steed - Payment for Annual Leave


  DSEST:      1. Employee resigned iovember 10, 1973, and for-
                 feited 107 hours of annual leave pursuant
                 to 5 U.S.C. 5551(a) (1970,.  Since the record
                 shows the parties did not iatend a forfciture
                 to occur, and it was the agency's policy to
                 avoid forfeiture in such circumstances, the
                 employee may be restored to the rolls for the
                 period of the unused annual. leave. See Comp.
                 Gen. decs. cited.

              2.  Ite administrative error provisions of Public
                 Law No. 93-181, Decembor 14, 1973, codified
                 at 5 U.S.C. 6304, do not apply t3 leave for-
                 feited pursuant to 5 U.S.C. 5551(a). 8-182608,
                   bruary 27, 1975.

     This action is in response to a request dated August 5, 1977,
from Mr. George B. Fineberg, an authorized certifying officer
of the Federal Aviation Administration (CAA), for a decision
regarding the claim of Mr. Charles R. Steed for payment for 10?
hours of annual leave forfeited upon his retirement prom that
agency on November 10, 1973.

     In the spring of 1973 Mr. Steed informed his superiors of
his intention to retire from his position as General Aviation
Operations Inspector, FAA. He 'ad accumulated leave in excess of
240 hours and advised agency officials that since the agency
was short of inspectors, he would De willing to work up to his
reti'ement date if he could get paid for all of his annual leave.
He was told that he could probably be paid for al. his accumulated
leave, but that the agency would check on it to be certain. On
July 31, 1973, Mr. Stesd asked the Distrizt Personnel Office to
type his resignation letter.  The letter stated his intention
to resign effecting tne pay period enduiE November 10, 1973,
and with respect to his accumulated leave, stated that:

        It is understood that my service will erd this
     date, and my unused anrual leave will be paid in a
     lump sum.

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