Page:United States Statutes at Large Volume 89.djvu/1085

 PUBLIC LAW 94-172—DEC. 23, 1975

89 STAT. 1025

Public Law 94-172 94th Congress An Act To amend title 5, United States Code, to provide that annual leave lost by a Federal employee because of an unjustified or unwarranted personnel action shall be restored to the employee, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) section 5596(b)(2) of title 5, United States Code, relating to unjustified personnel actions, is amended to read as follows: "(2) for all purposes, is deemed to have performed service for the agency during that period except that— "(A) annual leave restored under this paragraph which is in excess of the maximum leave accumulation permitted by law" shall be credited to a separate leave account for the employee and shall be available for use by the employee within the time limits prescribed by regulations of the Civil Service Commission, and "(B) annual leave credited under subparagraph (A) of this paragraph but unused and still available to the employee under regulations prescribed by the Commission shall be included in the lump-sum payment under section 5551 or 5552(1) of this title but may not be retained to the credit of the employee under section 5552(2) of this title.". (b) The amendment made by subsection (a) shall apply to any employee found, on or after March 30, 1966, to have undergone an unjustified or unwarranted personnel action the correction of which entitled or entitles such emplovee to the benefits provided under section 5596 of title 5, United States Code. SEC. 2. With respect to former employee (except a former employee referred to in section 3 of this Act) who is not on the rolls on the date of the enactment of this Act, annual leave which was not credited under section 5596 of title 5, United States Code, because it was in an amount that would have caused the amount of leave to the employee's credit to exceed the maximum amount of the leave authorized for the employee by law or regulation, is subject to credit and liquidation by lump-sum payment only if a claim therefor is filed within three years immediately following the date of the enactment of this Act with the agency by which the employee was employed Avhen the lump-sum payment provisions of section 5551 of title 5, United States Code, last became applicable to such employee. Payment shall be by that agency at the salary rate in effect on the date the lump-sum payment provisions became applicable. SKC. 3. (a) With respect to a former employee of the Post Office Department or a former employee of the United States Postal Service Avho had prior civilian service with the Post Office Department or other Federal agency, who is not on the rolls on the date of the enactment of this Act, annual leave which was accrued before July 1, 1971, but was not credited under section 5596 of title 5, United States Code, because it was in an amount that would have caused the amount of leave to his credit to exceed the maximum amount of the leave authorized for the employee by law or regulation, is subject to credit and

Dec. 23, 1975 [H.R. 7976]

Federal employees. Annual leave restoration.

5 USC 5551, 5552. 5 USC 5596 note.

Former employees. 5 USC 5596 note.

Former Postal employees. 5 USC 5596 note.

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