The Attorney General of Texas
=?2i22&2, 1977
JOHN L. HILL
Attorney General
Honorable L. Alvis Vandygriff Opinion No. ~-1083
Commissioner
Texas Savings & Loan Department Re: Whether the Commis-
P. 0. Box 1089 sioner of the Savings and
Austin, Texas 78767 Loan Department is eligi-
ble for payment for accu-
mulated sick leave.
Dear Mr. Vandygriff:
You have requested our opinion regarding whether the
former Commissioner of the Savings and Loan Department is
eligible for payment for accumulated leave. The individual
about whom you inquire retired on August 31, 1977, while
the 1975-77 General Appropriations Act was in effect. That
act contained a provision requiring that all state employees,
upon separation, be paid for one-half of their accrued sick
leave. General Appropriations Act, Acts 1975, 64th Leg.,
ch. 743, art. V, 5 7(b), at 2850.
In Attorney General Opinion H-996 (19771, we concluded
that this provision regarding payment for accrued sick leave
was applicable only to employees paid from funds appropriated
by the General Appropriations Act. The Commissioner of the
Savings and Loan Department is an employee of the Finance
Commission, V.T.C.S. art. 342-205(a), whose funds are not
appropriated by the General Appropriations Act. As a result,
the sick leave payment provision of the General Appropriations
Act is not automatically applicable to the Savings and Loan
Commissioner.
The Commissioner is authorized by statute, however, to
receive
such compensation as is fixed by the
Finance Commission but not in excess
of that paid the Governor . . . .
V.T.C.S. art. 342-205(a). A similar provision applies to
"all other officers and employees of the Savings and Loan
Department." V.T.C.S. art. 342-205(b). If it can be
P. 4432
Honorable L. Alvis Vandygriff - Page 2 (H-1083)
demonstrated that the policy of the Finance Commission prior
to August 31, 1977, was to compensate employees of the Savings
and Loan Department, including the Commissioner, in accordance
with the terms of the General Appropriations Act, we believe
that the Commissioner is entitled to payment for one-half of
his accumulated sick leave. -See Attorney General Opinion H-1055
(1977).
As to vacation time, article 6252-813, V.T.C.S., provides:
A state employee who resigns, is dismissed,
or separated from state employment shall be
entitled to be paid in a lump sum for all
vacation time duly accrued at the time of
separation from state employment; provided
the employee has had continuous employment
with the state for six months.
Thus, if it was the policy of the Finance Commission prior to
August 31, 1977, to permit the accrual of vacation time by
employees of the Savings and Loan Department, including the
Commissioner, article 6252-8b would require that the former
Commissioner be compensated for all vacation time which the
records of the Finance Commission show him to have duly accrued
at the time of his retirement.
SUMMARY
If it was the policy of the Finance
Commission prior to August 31, 1977, to
permit accrual of vacation by employees
of the Savings and Loan Department, the
former Commissioner of the Savings and
Loan Department is entitled to payment
for all vacation time duly accrued at the
time of his retirement. He is entitled to
payment for one-half of his accumulated
sick leave, provided that it was the pol-
icy of the Finance Commission, prior to
August 31, 1977, to compensate employees
of the Savings and Loan Department in
accordance with the terms of the General
Appropriations Act.
Very truly yours,
Attorney General of Texas
p. 4433
Honorable L. Alvis Vandygriff - Page 3 (H-1083)
APPROVED:
c. ROBERT HEATH, Chairman
Opinion Committee
jst
p. 4434