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B-258471 1 (1995-04-20)

handle is hein.gao/gaobabliv0001 and id is 1 raw text is: B-258471 April 20, 1995 John P. Mahoney, Esquire Passman & Kaplan, P.C. 1090 Vermont Avenue, NW Suite 920 Washington, DC 20005 Dear Mr. Mahoney: This is in reply to your letter of May 9, 1994, regarding the entitlement of Mr. John S. Jenkins to be credited with his years of service as a retired D.C. Police Officer for annual leave accrual purposes under 5 U.S.C. § 6303(a) (1988), upon his post-retirement employment with the Department of the Navy. According to the file, Mr. Jenkins was retired for years of service from the D.C. Police force in the early part of 1989'and is receiving an annuity under the District of Columbia Police and Firefighters' Retirement and Disability Act based on his approximately 23 and one-half years of service. On May 15, 1989, he began federal employment with the Department of the Navy. Based on information from the Office of Personnel Management (OPM), the Department of the Navy credited him with his police years of service to/ establish his service computation date and his annual leave accrual rate under 5 U.-S.C. § 6303(a) (1988). As a result, he received annual leave at the rate of 8 hours a pay period. In October 1993, the Navy determined that such crediting was erroneous. Upon changing Mr. Jenkins's service computation date, his annual leave balance had to be adjusted downward. This resulted in him having used more annual leave than he otherwise properly accrued during each of the years 1989, 1990, and 1991. This excess leave usage caused him to be overpaid for that period, the debt totaling $1,770.16. By letter dated April 28, 1994, Mr. Jenkins sought waiver of that debt. By action dated September 23, 1994, Z-2927447, this Office waived that debt. It is your view that not only was there no debt, but that Mr. Jenkins was entitled to be credited with his D.C. Police years of service for annual leave accrual purposes at the rate of 8 hours a pay 322419

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