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B-204097 1 (1982-03-01)

handle is hein.gao/gaobadkcj0001 and id is 1 raw text is: / DECISION THIS COMPTRCLLW4z !GENERAL Q F T HEM U N ITE 13S93TATEiS WASH IN GTONo 0 ,C , 9100458 FILE;: B-204097 MATTER OF; James DIGEST: DATE: March 1, 1982 McCargar - Entitlement to Leave Effective February 15, 1981, section 2313 of the Foreign Service Act of 1980 amended 5 U,SCI, 8332 to allow civil service re- tirement-credit for employment with Radio Free EurQpe. Since 5 U.S.C, § 6303(a) pro- vides that servicb creditable:under section 8332 shall be used in determipling annual leave earning category, enployee's leave accrual category should be adjusted effective February 15, 1981, to credit service with Radio Free Europe. Enactment of section 2313 does not entitle employee to-annual leave benefits under 5 U.SC. G301, et seq., for period of non-Federal service with Radio Free Europe or to additional leave for periods of covered service prior to February 15, 1981, This decision is in response to a request for an advance decision'by Mr. Joseph Duffey, Chairman of the National Endowment for the Humanities (Tndowment) as to the effebt of section 2313 of the Foreiqn Service Act of 1980 on the leave entitlement of Mr. James MiCargar, an employee of the Endowment who had prior service with Radio Free Europe. Since section 2313 amends 5 U.S.C. § 8332 (b) effectiv-e February 15, 1981, to allow retire- ment credit for service with Radio Free Europe, such service is to be credited tinder 5 U.S.C. § 6303 for the purpose of determining Mr. McCargar'a annual leave accrual category. His annual leave account is to be adjusted only for the period subsequent to February 15, 1981. The record shows that prior to his employment with the Endowment Mr. McCargar was employed by Radio Free Europe for a total of 6 years 1 month and 5 days, of which 3 years 2 months and 20 days represents full-time service and 2 years 10 months and 15 days represents intermittent service.

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