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B-226115 1 (1987-07-31)

handle is hein.gao/gaobadmtz0001 and id is 1 raw text is: The Comptroller General iof the United States Washington, D.C. 20548 Decision Matterof- Charles D. Goldman - Severance Pay - Resignation File: B-226115 Date: July 31, 1987 DIGEST Employee was directed by his agency head to resign as soon as possible because the employing agency no longer wanted him in excepted position. He submitted his pro forma resignation the next day. We find he was actually involun- tarily dismissed, his separation being a resignation in form only. Since he was involuntarily separated, not by removal for cause on charges of misconduct, delinquency, or ineffi- ciency, he is entitled to severance pay. DECISION This decision involves severance pay claimed by Mr. Charles D. Goldman, formerly General Counsel of the Architectural and Transportation Barriers Compliance Board, an independent Federal agency. Our Claims Group denied the claim (Z-2862545-089, September 18, 1986). It considered Mr. Goldman's separation from the Board to be a voluntary resignation, not an involuntary separation. Upon review, we allow the claim on the basis that Mr. Goldman's separation was a resignation in form only and was in fact an involuntary separation from the service. Section 5595 of title 5, United States Code (1982), governs entitlement to severance pay and provides in part: (b) Under regulations prescribed by the President or such officer or agency as he may designate, an employee who-- (1) has been employed currently for a continuous period of at least 12 months; and (2) is involuntarily separated from the service, not by removal for cause on charges of misconduct, delinquency, or inefficiency;

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