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B-184002 1 (1976-02-19)

handle is hein.gao/gaobaddfx0001 and id is 1 raw text is: THE COMPTRLk-.LER GENERAL FICISION .OF THE LNITED STATES WASH INGTON. D.C. 20548 FILE: IDATE: FEB 19 1976 B- 184002 MATTER OF: John J. Lynch - Restoration of Annual Leave Due to Administrative Error DIGEST: Employee retired effective December 31, 1974, and received a temporary appointment effective January 1, 1975,,not to exceed June 30, 1975. Since there was no break in service, the employee's annual leave balance was transferred to his new appointment and he forfeited 80 hours of annual leave at end of leave year pursuant to 5 U.S.C. 9 6304. Agency is requested to determine whether it violated mandatory requirement to advise employee he would forfeit annual leave if he accepted temporary appointment without break-in-service. If such violation occurred, leave is for restoration under 5 U.S.C. I 6304(d.)(1)(A). This decision is made pursuant to a request by John J. Lynch, a torier uafiloyee of the Department of the A-&y, that we revicw Settme No. Z-2576307, April 25, 1975, wherein our Transportation and Claims Division (now Claims Division) disallowed his claim for an additional lump-sums payment for unused annual leave. Mr. Lynch retired from the Department of the Army effective December 31, 1974. At that time he had an annual leave balance of 560 hours and a maximum annual leave carryover of 480 hours established under 5 U.S.C. % 6304(c) (1970). Then Mr. Lynch received a temporary appointment effective January 1, 1975, not to exceed June 30, 1975. There was no break in service and Mr. Lynch's leave balance was trans- ferred to his new position. See 33 Comp. Gen. 591 (1954) and 36 id. 209 (1956). Accordingly, no lump-sum payment was made for the 56T hours to his credit. Instead, at the end of the pay period on January 11, 1975, he forfeited 80 hours of annual leave when his balance was reduced to the 480-hour carryover limit established in accordance with 5 U.S.C. 'a 6304(c). Mr. Lynch states that if he had not accepted the temporary appointment upon his retirement he would have received a lump-sum payment for the entire 560 hours of annual leave to his credit instead of forfeiting 80 hours of annual leave. He, therefore, requests that we reconsider our settlement of April 25, 1975, which disallowed his claim. Mr. Lynch believes that the Army's failure to advise him that he would forfeit 80 hours of annual leave constitutes an administrative error for the purpose of 5 U.S.C. %6304(d)(1)(A) (Supp. III, 1973). PUJBLStD DECISIO11 SsComp. Gen. .*****2

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