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B-202913(THK) 1 (1981-06-03)

handle is hein.gao/gaobactwy0001 and id is 1 raw text is: GAO United States General Accounting Office Office of Washington, DC 20548 * General Counsel In Reply Referto: B-202913(THK) June 3, 1981 Mr. Jacob J. Greenman 45 Ocean Avenue Monmouth Beach, N.J. 07750 00* me aua e pihiy 3e Dear Mr. Greenman: By letter of April 8, 1981, you requested to know whether you are entitled to pay for the George Washington Birthday holiday, falling on February 16, 1981. You believe that you may be entitled to pay on this holiday because you separated from the service on January 10, 1981, with 448 hours of annual leave to your credit, which if used after your separation, would have continued beyond February 16, 1981. However, the Finance and Accounting officer, U.S. Army Communications and Electronics Command, Fort Monmouth, New Jersey, denied you payment for the holiday. You state that you retired from the Government on August 30, 1980, and on that day became a reemployed annuitant until your separation from the service on January 10, 1981. You believe your entitlement should be governed by the law in effect at the time you retired, that is, August 30, 1980. It is true that if you had separated from the service on that date, any lump sum leave owed to you would have included pay for any holiday falling within the projected period of your lump-sum leave hours, just as though you had continued on the rolls of your agency for the duration of the leave. See 38 Comp. Gen. 869 (1959). However, section 402 of the Omnibus Reconciliation Act of 1980, Pub. L. 96-499, 94 Stat. 2605, December 5, 1980, provides:

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