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B-213346 1 (1986-03-03)

handle is hein.gao/gaobadtbb0001 and id is 1 raw text is: THU COMPTROLLE R GENERAL O CIBION . op THE UNITED UTATES WASHINGTON, 0. C. 20548 FILE: B-213346 DATE: March 3, 1986 MATTER OF: - Severance Pay - Involuntary Separation DIGEST: An employee's voluntary transfer from career service to a temporary appointment may not be considered conclusive proof that the employee's ultimate separation at the expiration of the temporary appointment was voluntary so as to deny him severance pay. Rather, the issue of voluntariness is a question of fact to be resolved on a case- by-case basis. Here, the employee is entitled to severance pay where the record shows his separation after his temporary appointment was involuntary. v. United States, 4 Cl. Ct. 70 (1983), affirmed 742 F.2d 628 (Fed. Cir. 1984), followed. This decision is in response to a letter, dated August 28, 1985, from to Representative Stan Parris, requesting that the Congressman initiate a claim on his behalf for severance pay. Representative Parris forwarded the letter to this Office for our consideration. We conclude that is entitlep to severance pay under the provisions of 5:U.S.C. 55951-1982), for reasons that follow. FACTS began Federal employment in September 1959. Effective May 12, 1979, he resigned from a career position with the Federal Energy Regulatory Commission (FERC) in order to accept a temporary appointment with the Federal Mine Safety and Health Review Commission (the Commission). Although his position was classified as a Paralegal Specialist, the function he performed at the Commission was that of a Law Clerk for an Administrative Law Judge. There was no break in service between his separation from FERC and his appointment with the Commission. His appointment was initially for a period not to exceed May 12, 1980, but eventually it was extended to May 12, 1981. At that time, the appointment expired and was separated from

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