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B-193913 1 (1979-04-06)

handle is hein.gao/gaobadhcn0001 and id is 1 raw text is: THE COMPTROLLER GENERAL OECISION . . OF THE UNITED STATES W A SH IN GTO.N, D.C . 2 0 5 4 8 N 11113T3 FILE: B-193913 DATE: April 6, 1979 MATTER OF: Leo C. Nichols -Claim for Severance Pay7 DIGEST: Claim for severance pay is disallowed where employee resigned without re- ceiving prior general or specific notice that his position would be abolished. Memoranda setting forth in general terms proposal for abol- ishing employee's position do not satisfy specific requirements of general or specific notice under ap- plicable provisions of Code of Federal Regulations and agency reorganization plan was not definite at time of em- ployee's resignation. This is in response to a request from Leo C. Nichols that we review Claims Division Settlement No. Z-2804801, October 30, 1978, which denied his claim for severance pay. Mr. Nichols contends that the settlement is erroneous because he was provided with notice by means of office memoranda that he was to be involuntarily sep- arated from his position at the Internal Revenue Service (IRS) and that he resigned on the basis of that notice. For the reasons set forth below, we find that Mr. Nichols is not entitled to severance pay because he received neither general nor specific notice that he was to be involuntarily separated from his posi.tion before he tendered his resignation and, therefore, his resignation was voluntary. The record indicates that a task force was commissioned in 1977 to study a means for streamlining operations at IRS. In February 1978 the IRS announced a contemplated reorganization of its agency which included a streamlining of 12 of the smaller IRS districts, including the Albuquerque, New Mexico, District. At that time Mr. Nichols was Chief of the Collection and Taxpayer Service Division at the Albuquerque Office. The report called for the possible abolition of a number of intermediate management positions. In a memorandum dated March 30, 1978, IRS Commissioner Jerome Kurtz informed all Regional Commissioners and District

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