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B-152061 1 (1982-05-04)

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FIL2: B-15206

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      DATEi may 4, 1982


Wade Bakr- - Annual premium pay- Sick
leave pending disability retirement

Retired Employee of Bureau of Alcohol,
Tobacco and FJ.rearms is not entitled
to Contilnu4tio1 of premium pay for
administratively uncontrollable over-
time while on extended leave prior
to applying for disability retire-
ment, where ternination of premium
pay results from a valid agency
determination that there was no rea-
sonable expectation employee would
perform administratively uncontroll-
able overtime service in the future.


     By a letter dated February 10, 1982, Senator Ted Stevens
forwarded a request from one of his const.ituentti,
Mr. Wade Baker, for a clarification of a Comptroller
General decision rel.'ed upon by our Claims Group to deny
Mr. Baker's claim for premium pay for the time he was on
sick and then annual leave prior to his disability retire-
ment. We will treat this request as an appeal of our
Claims Group's determination which was set forth in Settle-
ment Certificate Z-2816506, dated October 6, 1980.   For
the reasons explained below, we affirm that settlement.

     Mr. Baker informed out Claims Group that from 1959 to
1979 he was continuously in the position of Criminal In-
vostigator with the Bureau of Alcohol, Tobacco and Fire-
armo.  During this time he was receiving premium p~y for
administratively uncontrollable overtime in accordance with
5 U.S.C. §a5545(c)(2), Mr. Baker states that during half
of August and all of September 1978, he was on aick leave
duo to job-related injuries and continued to recoive pre-
mitn pay. As a result of the same injuries he was put%. on
extended sick loave on February 26, 1979, and then began
annual leave when his sick leave was exhausted. His dis-
ability retire.%ent was approved on February 23, 1980.
Unlike his evrlier period of nick leavc, the Bureau ter-
minated Mr. Baker's preutiwn pay as of March 1, 1979.


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