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B-196718(MGB) 1 (1980-01-22)

handle is hein.gao/gaobabjfv0001 and id is 1 raw text is: WE 4 Lb I I A k 'j) $ - 7 CObMrROLLER GENERAL OF TIM- UNITED STA'r-t'i WAFIIINGIOII, D.C. V'05. B- I 967i- 8(10C, 1.3) Tle li dolrable J, Stanley Secretary of tie Senate United States Senate January 22, 1.980 Ninunitt Dear Mr. Kimmitt: This is in response to your letter' of October 31, 19719, wvhich poses several que!stious regarding sick and annual leave for Senate emiployees. InI particular, you are colcerneld with the anual leave carned by Chrintiuc hneelllltWh vile em1- ployed by Senator 1', pstuii. We arc aware of no authority which would permit paynent of a lump-sum for annual leave to Ms. [Hansen, op my other employee of a Senator, comittee, or other office of the Senate. Authority for limp- um payments for accerued mid accum1ulated annual leave to &Veoderal elployees is .ouitniuzd in 5 U.S.C, § 5551, as fllflended, \vilich provides, in lp('tilLntt part, as follows: (n) An employee us de:fined by section 2105 of this title o' an individuai employed by the government of the l)istrict of Colunbia, who is separated fvrom the service ori elects to receive a lump-sun payment for leave under section 5552 of this tJ.tle, is enltitlCd to receive itlump-sun payment for accumulated and current ace rued anntal or vacation leave to which he is entitled by statute . - , ' (Emphasis added). - As apparent, section 5551 applies'only to annual leave to wvhich an enployee is enti.tled by statute. The accrued leave was earned by Ms. Hansen under' an informial system establi.shed by Senator Jepsen incident to his power of appointmetnt. There is no statutury right to such leave, and thus it is not covered by the provisions of secti6n 5551. We are aware of no other statutory provision authorizing suchl l Oxpenditure. In the aI)snCC of any statutory authorization, disbur'sement of Treasury funds is precluded )3 the CoLtitutional prohibition, Art. I, § 9, cA. 7, against disbursem nt of funds. See 106 Comp. (1en. 899 (1937). I st.. ~ * I ~ .4' I2,611 irs, V* I .4 44 - -I

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