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B-213449 1 (1984-04-10)

handle is hein.gao/gaobadouc0001 and id is 1 raw text is: 

             UNITED STATES GENERAL ACCOUNTING OFFE
                     WASHINTON, OZ. 245


B-2136 CArOL.
B-213449                                   April 10, 19R4


Mr.
PSC  OX 101
APO Miami 34007


Dear

     We refer to your letter dated October 5, 1983, to the
Comptroller General of the United States in which you request
a decision on the question of whether unused sick leavet pre-
viously earned in another Federal agency# should be included
as part of total service for the purpose of computing the
annuity of an employee who retires after service with the
Panama Canal Commission.

     You state that you are currently employed by the Panama
Canal Commission, apparently on the Tsthmus of Panama, and are
seeking a reversal of Panama Canal Commission and Office of
Personnel Management policies which have the effect of denying
credit in computing civil service annuities of retiring Canal
Commission employees for unused sick leave earned in prior
employment in other Federal agencies. You contend that the
position violates the intent of Public Law 91-93# which was
intended to encourage employees to save their sick leave for
use in increasing their retirement annuity.

     Although the Comptroller General and General Accounting
Office exercise jurisdiction to settle certain claims for
leave credi                  the decision you referred to
(B-199794),                   59 Comp. Gen. 704 (1980),
claims under     s    serv0ce retirement system are outside
that claims settlement authority. Those claims are matters
for adjudication by the Office of Personnel Management.
B-211256, June 7, 1983. Office of Personnel Management's
decisions concerning retirement are final and conclusive
except for possible appeals to Merit Systems Protection Board
and the court, 5 U.S.C. 5 8347. Thus, while a Comptroller
General's decision is not being rendered in this matter, the
following explanation may be of help to you.
     Section 203(5) of Public Law 91-93, October 20, 1969,
83 Stat. 139, amended the Civil Service Retirement Act by
adding a new subsection to 5 U.S.C. 5 8339, subsection (m).

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