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B-204123(HID) 1 (1981-09-01)

handle is hein.gao/gaobabjbm0001 and id is 1 raw text is: COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON D.C. 20548 In Reply Refer to: B-204123(HID) SEP 1 1981 The Honorable Jim Sasser United States Senate . , ..'.' ,. Dear Senator Sasser: We refer to your letter dated July 7, 1981, on behalf of one of your constituents who has requested information about two GAO decisions and has raised the question of whether our rulings are binding on the Tennessee Valley Authority. You have not indicated the nature of the rulings which are of concern to your constituent. However, he has requested copies of two decisions which deal with restoration of forfeited annual leave and we infer that this is the kind of decision which he hopes may be binding on the TVA. In each of the two annual leave cases in question, an appropriate agency official requested an advance decision from the Comptroller General as to the pro- priety of restoring annual leave forfeited at the end of a leave year to an employee's leave account. In each case, we advised the agency official that restora- tion was proper. The effect of our determinations was that we could not subsequently challenge any disburse- ment made by the agency official in reliance on our decision. (See 31 U.S.C. § 74.) Moreover, if the agency had persisted in denying the employee restora- tion of his leave following our decision, the employee could have pursued a number of legal avenues, both ad- ministrative and judicial, to obtain restoration. If he had been about to leave the Government and wanted a lump sum payment of the forfeited leave, he could have filed a claim with this Office. If your constituent is an employee of the TVA, however, his options may be somewhat more limited. We would still render an advisory decision to the TVA on the leave question, if we were asked by an appropriate official of the TVA to do so. We would not, however, entertain a claim filed against TVA by the employee. Section 831h of title 16, United States Code, confers authority on the TVA to make f '

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