LUM-SUM PAYMENTS UNDER PUBLIC LAW 525

Document Type: 
Collection: 
Document Number (FOIA) /ESDN (CREST): 
CIA-RDP84-00709R000400070139-9
Release Decision: 
RIPPUB
Original Classification: 
K
Document Page Count: 
2
Document Creation Date: 
December 9, 2016
Document Release Date: 
June 4, 2001
Sequence Number: 
139
Case Number: 
Publication Date: 
May 22, 1945
Content Type: 
MEMO
File: 
AttachmentSize
PDF icon CIA-RDP84-00709R000400070139-9.pdf135.75 KB
Body: 
WASHINGTON 25, 0. C. Approor Release 2001/0: CIA-RDP84-0 00400070139-9 OFFICE OF STRATEGIC SERVICES OGC Has Reviewed c. : i i c z 1? Several questions have recently been presented C cncer:ti u!l i -, to cat on of Public Law 525 :,ec= er Jw44. , approved 22 .'.a~ 1945 Paypents under Public Law 525 a ? .?.13er :.heat conditions may accrued annual :leave of a Federal em to ee be transfepr-ad to his credit when he is transferred to CSr and compensated from Special Funds? !-,here a Person has received a 1=p-sum -'~t un ~'.yer Public Law 542,5 and is iia- ne ir~tel placed on the Special Funds pay- roll of oSS, Will any refund of t1 lump-stem a =:ent be required? '? ec tiCM i of ti-P3 subject Act provides in part taut whenever a Civilian e : ployee of the Federal Government 13 ' c pasted =-'on the service he shall be paid compensation In a iurnt 3111: f. or all accumulated and current accrued annual shall equal the compensation . at such :rioyee zould have received had he ' service until remained in the exp~.rai- ion of the period of such an- .,jal 1cavc. o?,?; evcr, if ~ e;3eral service under the$saneeleavees yve stem prior to in the ez, iration of the per=' od covered by the ;.,A ?~ I" Y such leave payment, a t p. shall refizn J to the em?rloying agency an amount equal she co.. cn:atic::, coverin- to 'th c the period between the the f pF off. .. and the expiration of suooh leave period, n : the a nc::nt of 1 cave represented by .,, , ~ ~. such refund shall be c,_ e.,.. e;, to 'ci;:; in the a~,nl.o;; ing agen+.y. It is provided at cuc ' pa;rment shall not be regarded., except .or Purposes of taxation, as sa l ary or compensation. Approved For Release 2001/09/03 : CIA-RDP84-00709R000400070139-9 Approved Fo* ase 2001/09/03 CIA'RDP84-00709RO170139-9 ection. 3 of the subject Act provides in part 1 r.I1 accumulated and current E,ccrued leave be liquidated Payment to any civilian employee of the :era . or ern.- ent in cases involving transfer to agencies -in- er is ferent leave systems. , Such lump-sum payment s e ual .4-1-B cc3m-rensation that such employee would have received had not been transferred until the expiration of t-1-le r' cri od of such leave. It is provided that such lur:p- payments small not b e regarded, except f' or 'our- roses of taxation, as salary or eompensaticn. It is understood that -it is the policy of Special ''.ic WhCro Possible to credit and accrue leave ' s s.?L, r:.a.,iner as required under Civil Service laws s.'.'_~ ": _:la tions. '':_erefcre, it would appear that a regular _v_ rvice e.,i la;-ee, or an employee of a gc'vernmont a substantially similar leave system, :.? ; :ro-,eri 7 rove his acciwiulated leave transferred to _'C .. th CUSS even though he is to be compensated l:hero security considerations are such " f C :' c ri.ed leave should be :made it ap- , ;'G e el loy;.-ee v--ould be entitled to receive a for "s accrued leave at the 'former employ- - 1` re a ~rso^ h:a.s received a lump-snm Payment -: ~s {, ;roll of OSS, no refund will be squired If the two a;enc:Les care .. ....~_..~~L, _-- concerned different. I ol i l r _ ... _av veLL s n cte such aro not to be regarded as salary or - =t=.cn e::ccT t for purposes of taxati 011? comptroller de.c4 4ion P-46726, 13 January 19 . If the leave s;;-st ..s are sui.stp^t' sil similar it ivoul46seem that rya,' a 1 i be Katie of the lump-:sum payment and credit or, 1 cave t :ere for should be granted in accordance with the c :-~s of _ ~~llc Law 5215 Approved For Release 2001/09/03 : CIA-RDP84-00709R000400070139-9