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B-223184 1 (1988-03-23)

handle is hein.gao/gaobadnaq0001 and id is 1 raw text is: The Comptroller General of the United States Wahington, D.C. 20548 Decision Matterof: Robert G. Joyce - Reconsideration - Severance Pay Computation File: B-223184 Date: March 23, 1988 DIGEST Uoon voluntary separation from a permanent GS-13 position, employee was appointed without a break in service to a temporary GM-14 position with another agency. We affirm our prior decision holding that severance pay must be computed based upon the pay rate in effect at the time of employee's separation from last permanent appointment as required by 5 C.F.R. S 550.704(b)(4)(ii). This unambiguous regulatory provision is a valid exercise of administrative discretion by the Office of Personnel Management, the agency designated to issue regulations governing severance pay. DECISION Upon reconsideration, we affirm our holding that the Office of Personnel Management (OPM) regulation at 5 C.F.R. § 550.704(b)(4)(ii) represents a valid exercise of adminis- trative discretion by the agency designated to issue regula- tions governing the payment of severance pay. BACKGROUND Robert G. Joyce requests reconsideration of our decision B-223184, December 19, 1986, 66 Comp. Gen. , in which we concluded that the amount of severance pay due him must be computed in accordance with the formula prescribed by OPM at 5 C.F.R. § 550.704(b)(4)(ii). In Mr. Joyce's situation of involuntary separation from a temporary appointment, this formula requires that severance pay under 5 U.S.C. J 5595(c) (1982) be based uoon the employee's pay rate in effect at the time of his separation from his last permanent appoint- ment, not the rate in effect at the time of separation from the temporary appointment. The essential facts are set forth in our prior decision and are not disputed. In summary, Mr. Joyce

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