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B-182300 1 (1975-12-04)

handle is hein.gao/gaobadcqx0001 and id is 1 raw text is: FILE: B- MATTER 0 DIGEST: 182300 DATE: DEC 4 1975 -7 (a F: Marshall S. Hellmann - Reconsideration of Claim for Severance Pay 1. Former employee of U. S. Geological Survey, residing in Potomac, Maryland, who declined to accompany his activity when it moved from Washington, D. C.. to Reston, Virginia, was separated for such refusal. He is not entitled to severance pay under provisions of 5 U. S. C. S 5595, since U. S. Civil Service Commission has determined that Potomac, Maryland, is in the same commuting area as Reston, Virginia, and hence employee would not have been compelled to change his residence. 2. The refusal of an employee to accept an order of reassignment within the same commuting area, made in the best interests of the Government, constitutes insubordination, and as such comes under the aen- eral heading of misconduct. Under 5 U. S. C. § 5595, an employee is not entitled to severance pay if sep- arated for cause based on misconduct. This action is in response to a request by Mr. Marshall S. Hellmann, a former employee of the United States Geological Survey, Department of the Interior, for reconsideration of our decision in B-182300, January 16, 1975, in which we sustained the action of our Transporta- tion and Claims Division in disallowing Mr. Hellmann's claim for severance pay. The facts and circumstances, as well as the law and regulations pertinent to this claim, are contained in our prior decision and will not be repeated here except where necessary. In his letters of February 12 and March 14, 1975, Mr. Hellmann states that the meaning of involuntary separation as it appears in subchapter S11-2f, Federal Personnel Mvianual (FPM) Supplement 831-1, is for retirement annuity purposes and is not germane to his claim for severance pay. He con- tends that the definition of involuntary separation for retirement pay purposes is more stringent than that for severance pay. QQYU 7~@ o THE COMPTROLLER GENERAL 1 OF THE UNITED STATES WASHINGTON. D.C. 20546 I VIT4

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