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B-207491 1 (1982-12-30)

handle is hein.gao/gaobadkup0001 and id is 1 raw text is: DECIBION FILE: 'THU COMPTROLLER al oP THU UNITED U WASHINGTON, 00,0 B-207491 MATTER OF: Severance Separated CATE: INEA ITATEa 90543 December 30, 1982 Pay for Involuntarily Employees DIGEST: Former Federal employees were involuntarily separated as a result of a reduction in force but were subsequently offered employ- ment by the private organization to which their former job function was transferred. Although most of them accepted the offer of employment within 90 days of the transfer, they now seek severance pay on the basis that their new employer did not offer them employment comparable to their Federal Jobs. Since the differences in compen- sation and benefits are not sufficient to defeat the comparability between their new and former employment, they are not entitled to severance pay. Background This action responds to a request submitted by the Controller, Department of Energy, for an advance decision concerning whether a group of the Depart- ment's former employees who were involuntarily sep- arated under a reduction-in-force action are entitled to severance pay. Comptroller General decisions may be requested by heads of Federal agencies or their designees, and by authorized certifying or disbursing officers. This decision is rendered upon the request of the Controller as a designee of the Secretary of the Department of Energy. We conclude that because the concerned employees were apparently offered comparable employment by the private successor firm, under valid regulations imple- menting 5 U.s.c. 5595, they are not entitled to sever- ance pay. The Department of Energy conducted a reduction in force at its Los Alamos, New Mexico, field office, effective October 3, 1981, which resulted in the termination of its employment of a number of agency - %e ...~ -. - -. - - .4. -. - 4~ Urn fl * We ~W - r - - I.

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