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B-192511 1 (1979-02-05)

handle is hein.gao/gaobadgxh0001 and id is 1 raw text is: DECISION OF TH ANTE THE COMPTROLLER GENERAL DECISION* OF THE UNITED STATES WASHINGTON. D. C. 20548 FILE: B-192511 DATE: February 5, 1979 MATTER OF: dvances of Severance Pay to Foreign Service Local Employees of United States in Colombiaj Secretary of State is authorized to fix compensation of alien employees, based on prevailing wage rates and compensation practices for positions in the locality, to the extent consistent with the public interest. 22 U.S.C. § 889(a). Colombian law requires employers to provide severance pay and permits employees to receive their severance pay in advance of severance, paying in- terest on the advance. Adoption of this local practice by State Department does not violate statutory provision against advance payments (31 U.S.C. § 529) or statute governing recording of obligations (31 U.S.C. § 200). . This responds to a request from the Office of the Legal Adviser, Department of State (Department) for an opinion on whether the Depart- menthas authority to provide severance pay in advance to alien em- ployees (foreign service locals (FSLs)) of the United States Embassy in Colombia in accordance with local practice, notwithstanding certain restrictions on advance payments in title 31 of the United ttates Code. For reasons set forth below, we conclude that such advances of sever- ance pay may be provided to FSLs in Colombia prior to their separation from Government service, in accordance with local practice. The Department appoints FSLs at posts abroad pursuant to 22 U.S.C. § 946 (1976). Subsection 889(a)(1), title 22, authorizes the Secretary to establish compensation plans for alien employees as follows: The Secretary shall, in accordance with such regulations as he may prescribe, establish compensation plans for alien employees of the Service: Provided, That such compensation plans shall be based upon prevailing wage rates and compensation practices for corresponding types of positions in the locality,to the ex- tent consistent with the public interest. & -7356 vx-7 DIGEST: I

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