LIQUIDATION OF OVERPAYMENT OF TERMINAL LEAVE - STAFF AGENT (Sanitized)

Document Type: 
Collection: 
Document Number (FOIA) /ESDN (CREST): 
CIA-RDP60-00442R000100090035-7
Release Decision: 
RIPPUB
Original Classification: 
K
Document Page Count: 
5
Document Creation Date: 
December 12, 2016
Document Release Date: 
April 23, 2002
Sequence Number: 
35
Case Number: 
Publication Date: 
January 5, 1954
Content Type: 
MF
File: 
AttachmentSize
PDF icon CIA-RDP60-00442R000100090035-7.pdf345.74 KB
Body: 
Approved For Release 2002/05/08: CIA-RDP60-00442R000100090035-7 iatant tr oUer by the proposed di Staff' 25X1A9A ''v assumc- t< ,t r- t h e c , ti. - r a the , . i e. of collection :ill not be s i .?;; We a t~1e to pconcur ~ in the per /%ut ~ e to i e. ~Y5, ~1 posed iFch d i horeto3~. S ON i' sz o 1 to , rd gpostions raise in ; zr.`apb 2 Of the reference. in a Pgityoua. 70 taxpayer compelled tc ref ' rate l ved i unh zaane' D1z 4i lose' f i be is pre iWed vu req, r i s. ` t s. G "i+ ' t . Qt m d v until Mscq uLt yevo x aL ti, allowed reeoup a tax .;it Fm lw..p 4i M tiosn ir, standard deduct As is apparent, the towe of XIMPOIlpt bid q qv tbore is a dearth of case law 0111 Or be v o L. Supre C i'r r 016 M 4 1 3 U 'e Approved For Release 2002/05/08: CIA-RDP60-00442R000100090035-7 Approved For Release 2002/05/08 : CIA-RDP60-00442R000100090035-7 by o cia s of the 1nte *ay t thca $1 e ert to nth c it ru'.c. .R lsd. of ritg4 tin w- 4+ Id be a rop :' io 10 December e: is . , _.up .'" % t vh Were 25X1A9A r+ ret a the restrictions % b*ft t ties 1 e exister of the probes to uca-wUcaUm of the sit cam of rt t test. To this e rovems Service of tiu c s xde to which lefi,Al swwtloa ex e t vbere itii is obtained fw4ti of this A x ,,, we do not believe that it ai uaftr e jP* w v that vc x dirret * related to f * U a w e d } =' to f s t rs tax cL as t3w e _..' of the - e_, vbteh , indice ~ uts Lg is , sad r zi b t - saw! h otht t L '..: L .u t at' ic+ o OGC/GHK:cst Distribution: Orig & 1 - Addressee ,'1 - Leave Problems 1 - GHK 1 - OGC, 317 1I 25X1A6A 1 - Chrono E V s in V14 0h d.Lf is .lt7 may arise , `hesc )"_islu s vL& e?e UtItz, of tr' r tl:rv of the pr tem az~c wis-Wd to 91-VO Approved For Release 2002/05/0w:CIA-RDP60-00442R000100090035-7 App Wroir' ;fu-4 (SENDER WILL CIRCLE CL w (CATION TOP AND BOTTOM) CENTRAL INTELLIGENCE AGENCY OFFICIAL ROUTING SLIP TO INITIALS DATE 1 P~Ir. 25X1A9 Room 711 0. BIng, 2 3 4 5 FROM INITIALS DATE 1 Asst. Comptroller 2 3 APPROVAL INFORMATION 1 SIGNATURE ACTION DIRECT REPLY 1 RETURN 0 COMMENT PREPARATION OF REPLY P1 DISPATCH CONCURRENCE I RECOMMENDATION I1 FILE Remarks : CON E 25X1 ,er""?"R? F?RM rw. e'Approved For Release 20 /05 `. 0 A RDP60-00442R000100090035-7 Security Informnt i IWO Office Memorandum ? UNITED STATES GOVERNMENT 25X1A9A Attn: FROM : Assistant Comptroller -- Room 1711 J. Bldg. SUBJECT; Liquidation of Overpayment of Terminal Leave -- Staff Agent 25X1A9A 1. Subject employee received an erroneous lump sum leave payment in January 1952 in the amount of $1,651.81. To adjust this error now requires (a) collection of the overpayment, (b) adjust- ment in subject's 1953 and/or 1954 income tax statement to compen- sate for the excess taxes paid by the employee in 1952 because of the overpayment, (c) restoration of employee's annual leave after refund of overpayment is received. 2. Attached hereto is a proposed dispatch o subject. We would appreciate receiving your concurrence on as dispatch or your opinion and advice on the following points: a. Paragraph 1 of the dispatch authorizes the employee to repay the indebtedness over a 12 months' period. Do you perceive any legal objections to this arrangement? b. Paragraph 2 of the dispatch provides that the Agency will give the employee statements of "net" salary paid in 1953 and 19?4 which would include reduction of the amount refunded during those years from the gross amount paid. This technique has been used before in similar cases. Do you perceive any legal objection to this practice? c. Paragraph 3 of the dispatch provides for restoration of the employee's leave, but points out that due to limitations respecting the amount of leave carry- over, that he will forfeit 44 hours of annual leave as of the end of 1952 and any amount accrued as of the end of 1953 which is in excess of the normal carry-over limitations. Your advice is requested as to whether or not persons in a cover status are re- quired to forfeit leave accrued in excess of statutory limitations, or whether such leave may continue to accrue and be held in escrow for such employees, e, 'Ifrrty t 25X1 Approved For Release 2002/05/08: CIA-Rb'bt-00442R000100090035-7 Approved For Release 2OOfty ($hAEf 1 Q42R000100090035-7 without regard to normal limitations, until they return to an overt employment status? If it is de- termined that such leave may be held in escrow instead of forfeited, we have the further problem of determining the length of time which the employee will be allowed after his return to an overt status, in which to use such excess accumulated leave. 3. We would appreciate your prompt action on this in order We are that a suitable dispatch may be released to this employee. also interested in your reply to the above queries in order that we may use the legal precedent established in this case in handling other similar cases. Secur' 25X1A9A I A-F Cf'60-00442R000100090035-7