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B-167973 1 (1975-02-06)

handle is hein.gao/gaobadcfp0001 and id is 1 raw text is: THE COMPTRO. ER G NERAL DECISIOIN OF THE UNITED TATES VWASH INGTON ,0.C . 20548 FILE: DATE: FEB 6 1975 MATTEFB42-7973 Anthony C. Motta - Forfeiture of accrued annual DIGEST: and sick leave Former employee of Department of the Air Force would not be entitled to payment of sick and annual leave accrued as of effective retirement date since there is no statutory authority for paying an employee for accrued sick leave. ieithcr would he be entitled to reimbursem:ent of acerned annual leave under Pub. L. 93-18l, since ezploying agency authorized by regulations to make determination of error finds no error to have been made as contemplated by 5 U.S.C. 6304 as amended. This decision involves the reconsideration of a disallowance of a claim by 11r. Anthony (. Motta, fornerly ernloyed by tie Department of the Air Force, :Patrick Air Force Base, Florida, for paymLent for 015 hours of eick leave and 39 hours of annual leave forfeited at the time of his optional retirement on April 30, 1163. The record shove Mr. Motta voluntarily retired under the provisions of AYSC Project 55-(0, after examination by a Patrick Air Force BEase hospital physician who pronounced him fit for duty. Following his separation, Mr. Notta submiitted an application for disability retire- ment to the United States Civil Service Commission, which was approved, and his disability annuity commenced retroactively on Ilay 1, 1963. Mr. Motta argued that approval of his disability retirement by the Civil Service Comm=ission constituted proof that the determination of the Patrick Air Force Pase ohysician was erroneous. He claimed he was therefore entitled to payment for 615 hours of accrued sick leave and the 39 hours of acerned annual leave which exceeded the maximum lump sum leave payment allowable upon retirement. Our Transportation and Claims Division settlerent of A-ust 22, 169, disallowded payment of such claim, and Comtroller General decision, B-167:73, Catober 169, sustained the settlement. We found no statutory authority for reim- bursing an employee for sick leave not granted prior to his separation from service and no authority for restoring an employee to the rolls of the former employing aqency for the sole purpose of granting such leave, in the absence of a bona fide error or a violation of a valid regulation in effecting the separation.

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