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B-210232 1 (1983-06-03)

handle is hein.gao/gaobadlcr0001 and id is 1 raw text is: TECOMPTROLLER GENERAL DECISION OF THE UNITEO STATES WASHINGTON. D. C. 20549 FILE: B-210232 DATE: June 3, 1983 MATTER OF: HUD Employees - Severance Pay - Retroactive Reduction-in-Force DIGEST: 1. Certain Department of Housing and Urban Development (HUD) employees were termin- ated by a reduction-in-force (RIF) after the lifting of an injunction issued by the U.S. District Court. During the period of the stay, the employees continued their employment. When the injunction was lifted, HUD made the RIF retroactively effective to the original- ly proposed date. Severance pay is not basic pay from a position, and so pay- ment of severance pay is not barred by the dual compensation prohibitions of 5 u..--5573'(). 2. Certain Department of Housing and Urban Development (HUD) employees were termin- ated by a reduction-in-force (RIF) after the lifting of an injunction issued by the U.S. District Court. During the period of the stay, the employees continued their employment. When the injunction was lifted, HUD made the RIF retroactively effective to the original- ly proposed date. Since individuals must be actually separated fromn Uaited States Government service to receive severance pay, those employees were not entitled to severance pay iJntil they were actually separated after the lift- ing of the injunction. They are entitled to severance pay beginning on the date of-actual separatior, vwith years of service and pay rates based on the originally intended date of the RIF, assuming that t retroactivity ot the RIF is rupheld by the Merit Systems Protection Board. Ms. Deborah S. DuSau 12, Directr, P- rsonm.ml - Payrn.i I l :5-7,/

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