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B-213346 1 (1985-08-21)

handle is hein.gao/gaobadtac0001 and id is 1 raw text is: UNITED STATES GENERAL ACCOUNTING OFFICE - WASHINGTON, D.C. 2054 B-213346 August 21, 1985 The Honorable Stan Parris Member, United States House of Representatives 6901 Old Keene Mill Road springfield, Virginia 22150 Dear Mr. Parris: By letter dated September 29, 1983, copy enclosed, you requested our opinion concerning eligibility for severance pay following the termination of hi:, temporary limited appointment with the Federal Mine Safety and Health Review Commission. Although we advised you that was not eligible for severance pay in our letter dated December 8, 1983, copy enclosed, subsequent legal developments may provide a basis. for granting his claim. We are apprising you of these developments in case wishes to renew his claim for severance pay. The relevant facts, presented in your correspondence of September 29, 1983, are as follows. Effective May 12, 1979, resigned from a tenured position with the Federal Energy Regulatory Commission (FERC). The next day, he was appointed to the temporary position of Paralegal Specialist, grade GS-11, in the Federal Mine Safety and Health Review Commission (the Commission). Although the initial temporary appointment was for a period not to exceed May 12, 1980, that appointment ultimately was extended until May 12, 1981, when the position was terminated. received a lump-sum payment for annual leave, but was not awarded severance pay; disputed the Commission's determination not to award him severance pay. In correspondence accompanying your letter of September 29, 1983, indicated that he served in the temporary position with the hope that he would be given a permanent appointment, and that, at the time' of his separation, he had been employed by the government for more than 20 years. In our letter tq you dated December 8, 1983, we noted that 5 U.S.C. S 5595 authorizes severance pay for an employee who is involuntarily separated for reasons other than misconduct, delinquency, or inefficiency after being

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