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B-195496(THK) 1 (1979-08-31)

handle is hein.gao/gaobactzh0001 and id is 1 raw text is: //307 UNITED STATES GENERAL ACCOUNTING OFFICE a WASHINGTON, D.C. 20548 i; REPLY Orricit OF GENERAL COUN5EL. tPEER T0.1-195496 (THK) 1ii et. *41 4va~vbto icpwlicitcnr..uje AUG 3 1 1979 Mr. Edgar Unker 3100 Ocean Parkway Brooklyn, New York 11235 Dear Mr. Unker: This letter concerns your request to the Comptroller General of July 16, 1979, proposing that you be allowed to retain up to 1138 hours of restored annual leave. Your employing agency, the Internal Revenue Service, has informed you the leave would be forfeited to the extent it is not either used before the end of the current leave year, i.e., January 12, 1980, or taken as a lump-sum payment should you retire by that date. This annual leave was restored to you in 1977 because of an unjustified or unwarranted personnel action prevlpusly taken against you. In accordance with 5 CFR § 550.804(f) (1978) such restored annual leave must be scheduled and used by the end of the leave year ending two years * * * after the date on which the annual leave is credited * * *. This limitation was imposed by the U.S. Civil Service Corunission pursuant to the authority of Public Law 94-172, December 23, 1975. Senate Report 94-536, Decemb2r 11, 1975, reported favorably on Public Law 94-172, which amended S U.S.C. § 5596 to allow rentoration of all thn annual leave that would have been earned during the period of separation. However, leav. in excess of the employee's annual leave ceiling was required to be credited to a separate leave account. The Senate Report (page 3) specifically states that [tjhe restored leave then will be available for use by the employee within reasonable ti'me limits to be prefscribed by regulations of the Civil Service Commission. ' Accordingly, the Internal Revenue Service correctly i.nfoned you concerning the mandatory limitation of your leave by 5 C.FR. § 550.804(f). We regret we cannot give .you a more favorabl2 reply. Sincerely yours, flnort L Higgtna Robert L. Higgins 1 0 ilk L I

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