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B-210524 1 (1983-06-06)

handle is hein.gao/gaobadlcy0001 and id is 1 raw text is: , .,IHE COMPTROLLER GENERAL DECISION . OF THE UNITED STATES -~4l/WASHINGTON. 0. C. 20548 FILE: B-210524 DATE: Tun 6, 1-83 MATTER OF: Vivian W. Spencer - Severance Pay DIGEST: Where an employee's claim for severance pay by reason of involuntary separation is based upon the contention that her posi- tion was moved to another commuting area, the employee must also establish that she was forced to relocate her residence be- cause of that change in commuting areas. We will not question an agency's determi- nation on commuting area or necessity of relocation unless that determination is arbitrary, capricious, or clearly erro- neous. Here, claimant could not establish to the satisfaction of-the agency that the change would compel the employee to change her residence to continue employment. We cannot say that the agency's determina- tion was arbitrary, capricious, or clearly erroneous. Hence, claimant's resignation was not involuntary, and her claim for severance pay is denied. Vivian W. Spencer requests reconsideration of Settle- ment Certificate, Z-2844073, August 20, 1982, issued by our Claims Group, denying her claim for severance pay. For the reasons set forth below, we affirm that action. Mrs. Spencer was an employee of the Bureau of Mines, Department of the Interior (Department), at its Morgantown, West Virginia facility. In September 1981 that function was transferred to Lake Lynn, Pennsylvania. Mrs. Spencer refused to accompany the transfer and resigned, claiming that her resignation was an involuntary separation because Lake Lynn was outside the Morgantown commuting area. Her claim was predicated upon both 5 U.S.C. § 5595(b) and 5 C.F.R. S 550.705. Under 5 U.S.C. S 5595(b) severance pay is payable to an employee who, is involuntarily separated from the service, not by removal for cause * * *. The statute is implemented by 5 C.F.R. S 550.705 which provides that: o~?5

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