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B-194106 1 (1980-03-26)

handle is hein.gao/gaobadict0001 and id is 1 raw text is: FILE: MATTER DIGEST: B-194106 1TE: I b 26, 1980 OF: Willie W. Louie - estoration of Annual Leav Since 5 U.S.C. 5551(a) authorizing lump-sum leave payment contemplates an actual separation from Government service and does not apply to a transfer such as resignation from an agency and reemployment in another agency the following day, lump-sum payment to employee separated by USIA and appointed by Air Force the next day was erroneous, and refund requirement of 5 U.S.C. 6306(a) is not applicable. In accordance with 5 C.F.R. 630.501(a) leave should have been recredited at time of reemployment and leave forfeited as result of failure to recredit leave account until lump-sum had been repaid may be restored under 5 U.S.C. 6304(d)(1)(A). By letter dated October 22, 1979, Lieutenant 2 Colonel B.L. Proul, Accounting and Finance Officer,pl7 Bollina Air Force Base. Department of the Air Force , ifas appealed the determination by our Claims Division on August 7, 1979, that hours of annual leave subject to forfeiture should be restored to Mr. Willie W. Louie, a civilian employee of the Air Force. The Claims Division found that the annual leave was forfeited as a result of administrative error and was for restoration pursuant to 5 U.S.C. 6304(d)(1)(A). Upon review, the action of the Claims Division is sustained. The record shows that Mr. Louie resigned from his position with the United States Information Agency h (USIA) effective June 30, 1974, and that he was appointed to a position the following day, July 1, 1974, with the Department of the Air Force at Andrews Air Force Base. Incident to his resignation, the USIA paid him a lump-sum in the gross amount of $5,136.72 for 392 hours of accrued annual leave and for 16 additional hours for two holidays which occurred during the projected leave period. THE COMPTROLLER GENERAL DECISIil . S1 . OF THE UNITED STATES WASHINGTON, D. C. 20548

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