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B-135075 1 (1977-12-12)

handle is hein.gao/gaobadfjf0001 and id is 1 raw text is: 


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DECISION


FILE:  B-135075

MATTER OF:


DIGEST:


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     By  letter dated Nrvember 25, 1977, \the Assistant Secretary
 for International Organization Affairs, Dipartment of State, requests
 our opinion as to. whether, in-viefwof the termination of the United
 States membership in the Internati'ona' Labor Organization (ILO), a
 former employee of the Agency for International Development, whose
 present,period of nmployment with ILO expires on December 15, 1977,
 may be granted an 6xtension of his cmployment with ILO (for approx-
 imately another year, we understand) without losing the recmployment
 rights and 6ther entitlements authorized by 5 U.S.C. § 3582. Because
 of the importance of the work in which thir employee is engazed,
 the State Department favors the extension, but under no circumstar.ces
 does it aia% to expose him to any risk of loss of his rights and
 benefits.

     Reemployment rights for Federal employees after service with
an intarnational oiganization are provieed for in subchapter IV of
chapter 25, title 5, United States Code.q 5 U.S.C. 3581 (3) defines
international organization,for the purposes of subchapter IV cs
'a  ublic international organizatibn or internaticnal-organization
preparatory commission in which theGovernmehnt of the United States
Participates4  (Emphasis added.) 5 U.S.C. 3582 sets forth the rights
of Federcl employees who transfer to such an organizatio.. Sub-
section (a) jrovides that an employee who transfers to an internr.tional
organization with the consent of the head of his agency is entitled
to certain rights and benefits pertaining to retirement, life insurance,
compensation for work injuries, and annual leave. Subsection (b)
provides that such an employee is entitled to be reemployed in the
agenzy from which he transferred if--(1) he is separated from the


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             THE   COMPTROLLER GENERAL
             OF   THE UNITED *TAYEU
         91   WASHINGTON, 0. C. 20049



                    LATE: December 12, 1977

Reemployment Rights - Termination of U.S. Partici-
pation in International Organization

Former AID employee who transferred to ILO under
the provisions of 5 U.S.C. 3581-3584 and whose
present period of employment with ILO expires
December 15, 1977, may not retaii reemployment
rights and other entitlemants if this period is
extended since U.S. terminated its membership in
ILO on or about November 5, 1977.  Statute
authorizes these entitlements only for employees
transferred to international organizations in
which U.S. participates.


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