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B-200548 1 (1981-08-12)

handle is hein.gao/gaobadjqc0001 and id is 1 raw text is: DECISION FILE: B-200548 MATTER OF DIGEST: THE COMP ER GENERAL OF THE UNITEO STATES WASHINGTON. 0.C. 20548 DATE: August 12, 1981 -: Willis E. Staymates - Lump-Sum Leave Rate Payable Employee, grade GS-13, step 9, retired from his position, and then was rehired as a part-time reemployed annuitant at GS-12, step 10, before the expiration of period covered by his lump-sum annual leave payment. Employee is entitled to be paid for lump-sum annual leave at rate for GS-13, step 9, for period be- tween retirement and reemployment. After separation from the GS-12 posi- tion he is entitled to receive a lump- sum annual leave payment only at the rate for GS-12, step 10. Mr. Willis E. Staymates appeals the settlement of our Claims Group disallowing his request to be paid for his lump-sum annual leave at the rate of grade GS-13, step 9, instead of the rate of grade GS-12, step 10. For the reasons stated below, we affirm the disallowance of this claim. The pertinent facts are as follows. Mr. Staymates, a former employee of the Department of the Army, Harry Diamond Laboratories, retired from his Supervisory Engineering Technician position, grade GS-13, step 9, on September 7, 1979. He was then reemployed in a part-time position, effective September 14, 1979, as a reemployed annuitant, Engineering Technician, grade GS-12, step 10. He was given a lump-sum payment for annual leave for September 10-13, 1979, at the grade GS-13, step 9 rate. On January 4, 1980, his part-time position terminated and he was given a lump-sum annual leave payment for his then remaining annual leave at the grade GS-12, step 10 rate. Mr. Staymates argues that both of his lump-sum payments should have been at the grade GS-13, step 9 rate. His argu- ment is based on the allegation that he was not counselled by the Department of the Army, prior to his retirement on September 7, 1979, and his reemployment on September 14, 1979, /

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