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B-223115 1 (1987-04-09)

handle is hein.gao/gaobadmqt0001 and id is 1 raw text is: The Comptroller General of the United States Whington, D.C. 20548 Decision Matterof. Susan E. Baity - Severance Pay File: B-223115 Date: April 9, 1987 DIGEST An employee voluntarily sought and received a promotion from a permanent career service position in the Peace Corps to a time-limited appointment, also in the Peace Corps. By statute, the appointment was limited to 5 years and could not be exterded. Upon completion of the 5 years, she was separated ard claims entitlement to severance pay. The claim is allowed. Although 5 U.S.C. § 5595(a)(2)(ii) excludes employees serving under an appointment with a definite time limitation from entitlement to severance pay, the claimant comes within the statutory exception for one so appointed tor full-time employment (without a break in service of more than 3 days) following service under an appointment without time limitation. Since she was separated at the end of the 5-year period without her consent, she is entitled to severance pay. DECISION This decision is in response to a request concerning the entitlement of a former employee of the Peace Corps to receive severance pay. We conclude that the individual is so entitled for the following reasons. BACKGROUND Ms. Susan E. Baity was initially appointed to a temporary position in ACTION as a clerk-typist, grade GS-4, on November 29, 1978. On May 20, 1979, that appoint- ment was converted to a career-conditional appointment and she remained employed by ACTION until May 4, 1980. As part of a program to make the Peace Corps, which had been a component of ACTION, eventually an autonomous agency within ACTIONJ/ a number of ACTION employees, including i/ Executive Order 12137, May 16, 1979. cce a8 - 136-0 6 ?

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