About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-199806 1 (1981-09-29)

handle is hein.gao/gaobadjtw0001 and id is 1 raw text is: 0 THE COMPTROLLER GENERAL OECISION O F THE UNITEO STATES WASHINGTON. 0. C. 20548 FILE: B-199806 DATE: September 29, 1981 MATTER OF: Alberta H. Nutsch - ASCS County Committee ,Employee's Entitlement to Highest Previous Rate and Transfer of Leave DIGEST: 1. Agricultural Stabilization and Conserva- tion Service (ASCS) county committee em- ployee (a nonfederal position) was sepa- rated in reduction in force during 1975. Upon. appointment with the Forest Service in 1978 salary was erroneously computed by using highest previous rate earned with the county committee. Employee appeals correction of error. Appeal must be denied since permissive language of 5 U.S.C. § 5334(e) vests in agency discretion as to use of highest previous rate. Agency regulations state that rate may only be used where there is no break in service. 2. ASCS county committee employee who was separated during 1975 and subsequently received an appointment with the Forest Service in 1978 after a 3-year break in service seeks to have her unused sick leave recredited. She was properly denied credit for unused sick leave. Under 5 U.S.C. S 6312 county committee employ- ee may have leave balances transferred under 5 U.S.C. § 6308. That section authorizes credit for unused leave balances only where employee transfers between positions under different leave systems without a break in service. Mrs. Alberta H. Nutsch appeals our Claims Group Settle- ment Z-2818830, May 2, 1980, which denied her claim for credit of unused sick leave and her claim to have her salary set pursuant to the highest previous rate rule set forth at section 5334(e) of title 5, United States Code (1976). Mrs. Nutsch was employed as a county committee employee (a nonfederal position) in several positions with the Agricultural Stabilization and Conservation Service (ASCS),

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most