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B-208341 1 (1983-02-01)

handle is hein.gao/gaobadkvu0001 and id is 1 raw text is: TH E COMPTROLLER GENERAL DECISION k.2 O OF THE UNITEO STATES WASHINGTON, 0. C. 20548 FILE: B-208341 DATE: February 1, 1983 MATTER OF: Ivan Orton, et al. - Severance Pay DIGEST: Federal Trade Commission (FTC) announced that it was closing several regional offices, and employees of these offices were given specific notice that their jobs would be abolished pursuant to a reduction-in- force (RIF). After several employees submitted written resignations, the FTC reversed its decision, did not close the regional offices, and canceled the RIF. The employees separated from service after the RIF was canceled. Hence, they are not entitled to severance pay since their resignations were voluntary and could have been withdrawn. Civil Service Regulations state that employees are not eligible for severance pay if at the date of separation they decline an offer of an equivalent position in their commuting area, and the option to remain in the same position is equally preclusive. 5 C.F.R. § 550.701(b)(2) (1982). John H. Carley, General Counsel, of the Federal Trade Commission (FTC), requests our opinion concerning the entitlement to severance pay of several former employees of the FTC. The issue presented is whether employees who give notice of their intent to resign while under specific notice of a reduction-in-force (RIF), but whose resignations are not effective until after these RIF notices have been canceled, are entitled to severance pay. Our holding is that under these circumstances, the employees are not entitled to severance pay. On April 16, 1982, the FTC decided to close four of its ten regional offices. On April 19 and 21, 1982, employees in the regional offices to be closed were given specific

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