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B-199116 1 (1980-08-25)

handle is hein.gao/gaobadind0001 and id is 1 raw text is: /c(7(Al THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WASHINGTON, D. C. 20548 Fil E: B-1991167 DATE:IAugutl25,e198 P11 ;Z: DATE:. August 25, 1980 MATTER OF: Mr. Pascual E. Padua 1. Philippine citizen was a civilian employee of U.S. Army Corps of Engineers in Okinawa and was separated from his position in 1964 due to a reduction in force. As a result, he claims severance pay under a 1947 agreement between the United States and the Republic of the Philippines which claim was disallowed by Claims Division in 1965. The agreement in question, entitled Recruitment of Filipino Laborers and Employees effective May 16, 1947, does not provide for the payment of severance pay upon termination of covered employment. In the absence of language specifically authorizing severance pay, payment may not be made. 2. Philippine citizen who was separated from his civilian employment with the U.S. Navy in 1970 was paid severance pay by the Navy, but his previous employment with the Army was apparently not credited in the computation of the severance pay because there was a several year break in service between the two employment periods. While a 1968 agreement between the Philippines and the U.S. provides for including periods of prior employment in computing severance pay, such periods must be continuous. Also, the claim for severance pay arising out of the 1970 separation was filed more than 6 years after accrual and is, therefore, barred by 31 U.S.C. § 71a. Reference is made to correspondence from Mr. Pascual E. Padua, appealing the disallowance of his claim for severance pay believed due incident to his separation from civilian employment with the Department of the Army on August 10, 1964, and the Department of the Navy on August 15, 1970. DIGEST: .. cF

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