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B-221252 1 (1986-09-19)

handle is hein.gao/gaobadmlv0001 and id is 1 raw text is: rn l ei The Comptroller General of the United States Washington, D.C. 20548 Decision Matterof: John E. Denton File: B-221252 Date: September 19, 1986 DIGEST 1. Claims for accrued annual leave are subject to the Barring Act (31 U.S.C. 5 3702(b)) forever eliminating claims cognizable by the Comptroller General unless received in the General Accounting Office within 6 years after the claim accrues. Since annual leave claims involve money and are not exclusively decided by agencies other than the General Accounting Office, they are cognizable by the Comptroller General. The claim accrual date when the 6-year limitation period begins to run is the date liability is-fixed and is ordinarily upon completion of each biweekly pay period when annual leave is earned. 2. The Barring Act (31 U.S.C. § 3702(b)) forever eliminated a Federal civilian employee's retroactive claim for 302 hours of additional annual leave allegedly accumulated between 1975 and 1979 at the rate of 8 hours each biweekly pay period, based on 20 years of creditable service on the date of the employee's appointment in 1975. Approximately 4 years after the appointment, the employing agency received notice that the employee's military disability retirement resulted from a disability incurred in combat, entitling the employee to 20 years of credit for civilian leave purposes based on his prior military service, and therefore 8 hours leave per pay period. Since the employee did not file a claim with the General Accounting Office within 6 years of the final pay period in 1979 covered by the claim his claim may not be considered. DECISION As they acquire more years of creditable service, comprised generally of Federal employment and certain military service, Federal employees earn annual leave at progressively higher rates each biweekly pay period--4 hours per pay period with less than 3 years of creditable service, 6 hours per pay period plus 4 additional hours annually after 3 years of creditable service, and 8 hours per pay period after 15 years of creditable service. See 5 U.S.C. S 6303(a).

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