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B-207872 1 (1982-08-16)

handle is hein.gao/gaobadkog0001 and id is 1 raw text is: 6. 1 lECISION fltS C OPPTRLLUR UEN WRAL OF THrU UNITIE13 STATESI VASHINOGTO N Q.9oO 0004 8 r FILE 3B-207072 DATE: Auglat 16t 1982 MATTrR IOF: .IGEBT: Tho:ac J. Campbell .- Severanto Pay - Annuity , titlement j An emply~e wh ,is eligible for a ?ivil Service R'tiremint annuity on the lat.j of involuntary ,eparation from ervi q is not entitled 'to severance pay undeE 5 U.s.c O55595 ('970). ,Tor the purpobes of that section,KIthe term employee does not include Individuals who are eligible for an immediate annuity on the date of separation, 5 U.EXC. 55595(a)(2)(iv) (1970). Claiw,.for aeveranca pay Ls d nied. Thonas 3, Campbell has appealed Settlement Certificate Z,,28340Q5 issued by our Cliims Group on March 18, 1902, denying his claim for severance pay. We sustain the denial because, under 5 U.S.C. 95595 (1970), the term employee for purposes of severance pay does not include an individual who is eli'tUle for an immediate annuity on the date of separatioi. ,See 5 U.S.C. 5SSS95(a)(2)(iv). Mr. Tomas J,'Campbell was involuntarily ceparated from the Department of the Air Force on August 31, 1969, At that t.me, he wa entitled to teverance pay.' ,Payments were post- poned becau ,e Mr. Campbell acc&opted a temporary position, effective Se0tembeil ±, 1969, as Staff Director of the Select Committee on lHouse Restaurants, flouse.of Reprosentatives. Mr. Campbell'\held a, nv'rber of except f appointments, whIch were temporary in natLifre, from September 1L, 1969 until January 21.: 1979, when he was involuntarily separated from Congressman! Fry's office. 6efozd0 receiving severance pay, an employee must ieet the condit.nior,,set forth in 5 U.s.c. S5595 (1970); Under Subchapter 7-6dc(b) of Book 550, Federal Personnel Manual Supplement 990-2 (1969 ed. February 23, 1973), severance payments to employees are postponed if, without a breakoin service exceeding three days, the employee accepts one or more temporary p'art-kime or temporary intermittent appoint- ments. When the temporary employment terminates: payments are to continue as prescribed by Section 5595 of title 5, h p - 9 la o3(- It

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