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B-205459 1 (1982-07-13)

handle is hein.gao/gaobadkmg0001 and id is 1 raw text is: B-205459 4 MATTER DIGEST: OF: John L. Gibson 1. Under 5 U.S.C. 5 5595(c), severance pay is nomputed on the basis of the rate of pay received immediately before an employee's separation. Thus, an employee whose tem- porary promotion to a higher position was terminated 1 day prior to the day of his separation from Government service is en- titled to have his severance pay computed on the basis of the rate of pay received in his permanent position, not on the basis of the rate of pay received in his temporary promotion. 2. In accordance with 5 C.iR. 5 335.102(f) (1) ah agency may terminate an employee's tem- porary promotion in its discretion a'.t any time prior to the scheduled expiration date. Also, thore is no requirement that the em- ployee should receive express notice of the termination. This is in response to a letter from the Assistant Secretary for Administration, Department of Commerce, requesting a decision whether Mr. John L. Gibson, a former employee of the Economic Developument Administra- ,tion, is entitlei to receive severance pay computed on the basis of a temporary promotion to a higher position or on the basis of his permanent position. For the reasons set forth below, we conclude that the employee's severance pay should be computed on tha. basis of the lower rate of pay of his permanent positio.. The record indicates that Mr. Gibson was separated from Government service on September 29, 1981, as a result of a reduction in force (RIP). It is undisputed that he is eligible to receive severance pay although the amount of severance pay due is at issue. Mr. Gibson contends that his severance pay should be ccmputed on the basis of the pay of the 0S-14 position to which he had been temporarily promoted. Mr. Gibson inlicates that he had recoived that temporary promotion on March 23, 1980, which was subsequently extended for a periol not .1 THU COMPTP4C LLUR UtIlERAL IfS F THE UNITED UTATEU WASHINGTON, 0. 3,a054U OATE: July 1$, 1982 DECISION FILE: I I -

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