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B-265967 1 (1995-11-28)

handle is hein.gao/gaocrptacfn0001 and id is 1 raw text is: GAO United States General Accounting Office Washington, D.C. 20548 Office of the General Counsel B-265967 November 28, 1995 The Honorable Bob Filner Member, United States House of Representatives 333 F Street, Suite A Chula Vista, CA 91910 Dear Mr. Filner: This further responds to your August 8, 1995, letter on behalf of Ms. Corazon Trilles (your case #4381), which enclosed a copy of a July 26, 1995, letter to your office from Ms. Trilles requesting reconsideration of our Claims Group settlement, Z-2869660, July 11, 1995, denying Ms. Trilles's request for reinstatement of her nonappropriated fund leave accrual, lost incident to her employment with an appropriated fund activity. Neither the facts nor the law are in dispute. Ms. Trilles resigned from her employment with the Navy Exchange, a nonappropriated fund activity in San Diego, California, on Tuesday, November 13, 1990, to accept a civilian position with the Department of Defense at the Naval Hospital in San Diego, an appropriated fund position, effective the following Monday, November 19, which resulted in a 6-day break in service. Prior to November 5, 1990, there was no authority to permit an employee to carry leave accrued in a nonappropriated fund position with him or her upon employment in an appropriated fund position. However, shortly before Ms. Trilles began her employment at the Naval Hospital, on November 5, 1990, a statutory change was enacted to permit employees of nonappropriated fund activities to transfer their accrued sick and annual leave balances to positions in the Department of Defense or Coast Guard if the employee moves to the new position without a break in service of more than 3 days. 5 U.S.C. § 6308(b). As Ms. Trilles acknowledges, since her service break exceeded 3 days, under this law, she is not entitled to have her accrued leave from her former position reinstated to her current leave accounts. 10591122

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