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B-197428 1 (1980-06-05)

handle is hein.gao/gaobadiht0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES VWASHINGTON, D.C. 20548 FILE: B-197428 OATE: June 5,1980 MATTER OF: George L. Kruchko - everance Pay DIGEST: Employee is not entitled to severance pay, since he was discharged for failure to report on temporary detail of 4 weeks. Although there is entitlement to severance pay if employee is separated because he declines assignment to another commuting area, as provided in 5 C.F.R. § 550.705, the meaning of this term is a permanent change of station ordered by the employing agency and not a temporary detail. Mr. George L. Kruchko, a former employee of the Forest Service, requests that we reconsider his claim for severance pay. Our Claims Division disallowed the claim by Settlement Certificate No. Z-2817701, November 28, 1979. The issue is whether, for entitlement to severance pay, Mr. Kruchko was separated from employment with the Forest Service because he refused an order to report for an assignment to another commuting area. This issue arises because one of the qualifications for severance pay is that the employee be involuntarily separated from the service, not by removal for cause on charges of misconduct, delinquency, or inefficiency * * *. 5 U.S.C. § 5595(b)(2). The Office of Personnel Management has provided in section 550.705, title 5, Code of Federal Regulations (CFR), that an employee's sepa- ration for declining an assignment to another commuting area satisfies the requirement of this provision since the separation is an involuntary separation not by removal for cause on charges of misconduct, delinquency or inefficiency. On May 10, 1979, the Regional Forester, Paci' Re io Y San Francisco, California,-denied Mr. Kruthkf's appeal of a decision to reassign him from the Klamath National Forest to the Tahoe National Forest. Mr. Kruchko believed he was needed in his existing position and relocation of his home and family would be a hardship.. He filed a grievance against the proposed reassignment with the Director of Personnel, U.S. Forest Service, on May 24, 1979. The Regional Forester by letter of June 27, 1979, informed Mr. Kruchko: I am not willing to rescind your reassignment until the grievance you have initiated to the Washington

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