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B-209349 1 (1984-04-09)

handle is hein.gao/gaobadlqf0001 and id is 1 raw text is: THE COMPTROLLER GENERAL OECIlON OP THE UNITEO TATES WASHINGTON. 0.C. 0054U FILE: B-209349 DATE: April 9, 1984 MATTER OF: Georgia and Leonie Mallory DIGEST: Two Department of Army employees were erroneously separated from permanent full- time positions and later reinstated with backpay under 5 U.S.C. S 5596 in inter- mittent positions as ordered by Merit Systems Protection Board. The Agency properly deducted from the employees' backpay awards the amounts which they had received as severance pay. Furthermore, they are not entitled to severance pay incident to their subsequent separations from the intermittent positions since severance pay entitlement only extends to employees with regularly prescheduled tours of duty. The matter presented concerns the severance pay entitlement of two employees who were twice separated from their positions with the Department of the Army.1 Initially they were separated from their permanent full-time positions in a reduction in force. Pursuant to a decision in their favor by the Merit Systems Protection Board they were retroactively reinstated without a break in service in intermittent positions. Subsequently they were separated by reduction-in-force procedures from these intermittent posi- tions. Retroactive restoration of the employees to duty without a break in service as intermittent employees termi- nated their right to severance pay in connection with their original separations from their full-time positions and they are not entitled to severance pay as a result of subsequent involuntary separation from their intermittent positions. 'This matter is presented by Major Barry G. Poole, Finance and Accounting officer, Headquarters, 101st Airborne Division (Air Assault) and Fort Campbell, Fort Campbell, Kentucky.

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