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B-199459 1 (1981-01-23)

handle is hein.gao/gaobadius0001 and id is 1 raw text is: DECISION FILE: B-19945 MATTER DIGEST: STHE COMPTROLLER GENJERAL SOF THE UNIjTEDo STATES WASHINGTON. D. C. 20548 9 DATE: January 23, 1981 F: . James E. Butler - Severance Pay Employee holding appointment without time limitation at HEW voluntarily transferred to Interior to accept excepted appointment with time limi- tation at higher grade and was subse- quently involuntarily separated due to lack of funds. He is not entitled to severance pay since separation from appointment without time limitation at HEW was not involuntary. 5 C.F.R. 550.704(b)(4)(i). Alleged procedural error in involuntary separation from Interior has no bearing on etitlement to severance pay This is an appeal from the disallowance of the claim for severance pay of Mr. James E. Butler, who was separated from the National Park Service, Depart- ment of the Interior. The record before us shows the following. Mr. Butler, who was formerly employed with the Department of Health, Education and Welfare under a career-conditional appointment, voluntarily transferred to the National Park Service of the Department of the Interior on October 9, 1977, without a break in service, to accept an excepted- appointment not to exceed 18 months at a higher grade. This appointment was extended on April 9, 1979, but on May 18, 1979, Mr. Butler was termi- nated due to a lack of funds. Mr. Butler believes he is entitled to severance pay under the provisions of Federal Personnel Manual (FPM) chapter 550, section S7-3(2)(ii). The above reference excludes from entitlement to severance pay: Ln gr s-/

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