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B-186043 1 (1976-10-04)

handle is hein.gao/gaobaddxp0001 and id is 1 raw text is: 6 -. THE COMPTFlDLLER GENERAL DECISION /H;OF THE UNITED STATES WASH IN GTON L, O-.C0. 2054El 1 4 FILE: B-186043 DATE: October I, 1976 MATTER DIGESET: OF: Payment for annual leave - Exempted officer who retires while serving in a Presidential appointment Yoreign Service officer with accumulated annual leave who, without a break in service, was appoinLed ambassador (an cxeirpted position in whirh no such leave is earned) In 1972 and retired as Foreign Service officer In 1975 nut remained ambassador until 1976 may not be paid lup sum for accrued annual leave upon his retirement as Foreign Service officer because rtatute and State Department regulatitons pre- clud2 such payment until e::empt officer is separated frcm Federal service or transfers to specified positions. This action 5is in response to a letter dated February 23, 1976, from Ruth W. Robinson, Chief, Payroll and Reticnrnt Account& branch of the Fiscal Division of the Department of State, requesting an advance decision concerning the lump-sum leave payment entitlement of a ForeIgn Service officer. On January 7, 1972, without a break in service a Foreign Service officer accepted a Presidential appointienc as an ambassador, a position in which annual leave is not earned. Ie voluntarily retired from his Foreign Service position on September 30, 1975, while con- tinuing to serve as anbassador until Jgnuary 20, 1976. The question presented is whether lie should be paid the lump-sum p&yment for annual leave accrued as of January 6, 1972, immediately following his retire- ment as a Foreign Set ice officer or immediately following his resignation as ambassador. The State Department's present regulations (chapter 4, Volume 3, Foreign Affairs Manual) provide in section 492 that a lump-sum pay- ment for accumulated and current accrued annual leave shall be paid when in cmployer is separated firm the Foreign Service or ceases to be a leave earner, except as provided in section 483. Section 483, which governs the dir '-sition of leave credits, states In pertinant: part: Any annual and sick leave balances to the credit of an exempt officer as of * * *'the date * * * on which his exempted service I I I 0 I i

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