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B-180436 1 (1975-02-13)

handle is hein.gao/gaobadcfa0001 and id is 1 raw text is: .. THE COMPTROLLER GENERAL DEClNSIN . OF THE LINITEO STATES :< WASHINGTON, D. C. 20549 FILE: B18436 DATE: FEB 1 3 1975 MATTER OF: Jack D. Ellison - Substitution of sick leave for leave without pay taken before retirement DIGEST: 1. Act of October 24, 1973, Public Law 93-136, which liberalized eligibility for cost-of-living increases in civil service retirement annuities, does not permit retirees who applied for disability retirement and took leave without pay in order to qualify for cost-of-living increase under prior law to replace such leave without pay with unused sick leave used in computation of annuities. 2. Title 5, United States Code, provides for granting of sick leave to employees on the rolls and not to former employees separated by retirement, resig- nation, or otherwise, and separated employees may not be restored to rolls for purpose of taking sick leave unless there was bona fide error or violation of valid regulation in fixing separation. date. The San Francisco Region of the United States Civil Service Commission (CSC) requested our Office to determine whether Mr. Jack D. Ellison, a retired Government employee, may retroactively substitute 504 hours of sick leave in place of leave without pay taken prior to his separation. The question arises as a result of the enactment of the Act of October 24, 1973, Public Law 93-136, 87 Stat. 490, 5 U.S.C. §8340(c)(1) (Supp. 111,1973). Mr. Ellison, a civilian employee of the Department of the Air Force, applied for disability retirement in early June 1973. le had accunulated 504 hours of sick leave effective June 30, 1973, and at that tine elected to o on leave-without-nay status in order to be eligible for the 6.1 percent cost-of-living increase in annuitics a4inin July 1, 173. .*pprovai or mae claiin ior disability retirement was received November 5, 1973, and he was retired in accordance with the applicable rules effective July 1, 1973. Mr.-Ellison now asks if his accumulated sick leave may be retroactively substituted for the leave without pay which he had to request to receive the July 1, 1973, cost-of-living increase

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