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B-199722 1 (1981-09-15)

handle is hein.gao/gaobadjsm0001 and id is 1 raw text is: 



DECISION !




FILE:  B-199722


      I'l y          O
THE COMPTROLLER GENERAL
OF THE UNITEO STATES
WASHINGTON. 0. C. 20548



       DATE:  September 15, 1981


MATTER OF:      State Department Severance Pay Plan


State Department severance pay plan for foreign service
national employees at United States Embassy in Jordan
to which both United States and Embassy employees would
contribute may be implemented under authority in
22 U.S.C. S 889(a)(1) so long as moneys are maintained
in United States depositary bank and their handling
otherwise complies with applicable fiscal requirements
since State has determined that plan is consistent with
prevailing local compensation practices and in public
interest.


     This responds to a Department of State inquiry concerning the
propriety of the United States Embassy in Amman, Jordan, adopting a
severance pay plan for its foreign service national employees. For
the reasons given below we conclude that Jordanian foreign service
national employees may be compensated for severance pay in the manner
suggested by the State Department pursuant to 22 U.S.C. § 889(a)(1),
which permits compensation of foreign service national employees in
a manner consistent with prevailing local compensation practices
where in the public interest. However, control of employer and em-
ployee contributions must be in accordance with applicable fiscal
statutes and regulations.

     The United States Embassy in Amman, Jordan, requested authority
from State to establish a provident fund as a type of severance pay
plan for its foreign service national employees. (A provident fund
generally consists of employer and employee contributions used to
provide various benefits to employees.) The plan would require em-
ployee and employer contributions for each pay period of 7 percent
and 10 percent of employee base pay respectively. These moneys would
be deposited in local currency into two separate interest-bearing
bank accounts, each in the name of U.S. Embassy FSN Provident Fund
Account. Upon termination either by resignation or retirement, em-
ployees would receive all of their contributions plus accrued inter-
est, together with either 100 percent, 50 percent, 25 percent, or
none of the corresponding employer's contributions and accrued inter-
est based upon a service formula of up to 20 years or more employment.
The Department of State asserts that the proposed plan is fully sup-
ported by prevailing locality compensation practice and in the public
interest, and, thus, is authorized by section 444 of the Foreign
Service Act of 1946, as amended, 22 U.S.C. § 889(a)(1).


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