About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-223184 1 (1986-12-19)

handle is hein.gao/gaobadmok0001 and id is 1 raw text is: 0The Comptroller General of the United States Washington, D.C. 2048 Decision Matterof. Robert G. Joyce - Severance Pay - Involuntary Separation File: B-223184 Date: December 19, 1986 DIGEST Upon voluntary separation from a permanent GS-13, step 4, position, employee was appointed without break in service to a GM-14 full-time temporary position with another agency. Record shows his separation after temporary appointment was involuntary, and he is therefore entitled to severance pay. Once eligibility to receive severance pay has been found, the amount due must be computed in accordance with the formula prescribed at 5 U.S.C. S 5595(c) and 5 C.F.R. S 550.704. This formula provides that while the employee's entitlement- is determined upon the termination of the temporary position, the amount of the severance pay fund is computed based on employee's basic rate at the time of the separation from the permanent position, in this case GS-13, step 4. DECISION This decision is in response to a letter from Gail L. Lively, Acting Deputy Director, Personnel and Training, for the U.S. Department of Housing and Urban Development (HUD), requesting an advance decision on behalf of Mr. Robert G. Joyce, a former employee of HUD, regarding his severance pay entitle- ment and the rate to be used to compute severance pay. we conclude that once eligibility to receive severance pay has been found, as it has in this case, the amount of severance pay due must be computed in accordance with the formula prescribed at 5 U.S.C. § 5595(c) and 5 C.F.R. S 550.704(b)(4)(ii), which requires that Mr. Joyce's severance pay fund must be computed based upon the rate in effect at the time of his separation from his last permanent appointment. BACKGROUND While employed by the Office of Personnel Management (OPM), Mr. Joyce was downgraded from GS-13, step 4, to GS-7 because of a reduction-in-force. Without a break in service, 0Q3 T(44-

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most