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B-206693 1 (1983-02-01)

handle is hein.gao/gaobadkvv0001 and id is 1 raw text is: DECISIC FILE: B-20 MATTER OF DIGEST: N 6693 THE COMPTROLLER GENERAL 9;_ q-7 OF THE UNITED STATES WASHINGTON, 0. C. 20548 DATE: February 1, 1983 Barry L. Levine - Severance Pay National Institute for Occupational Safety and Health (NIOSH) announced that it was transferring its func- tions effective November 1, 1981. NIOSH employees were given the option to move with their function, but if they chose not to do so, they would be separated from service. On September 3, 1981, Mr. Levine, an employee of NIOSH, indicated that he would not accompany the transfer, but he never received a letter proposing to separate him. On September 10, 1981, NIOSH reversed its decision to transfer the function. Regulations state that employees are not eligible for severance pay if at the date of separation they decline an offer for an equivalent position in their com- muting area, and the option to remain in the same position is equally preclusive. 5 C.F.R. § 550.701(b)(2) (1982). Since Mr. Levine could have withdrawn his resignation and remained in his position instead of separating from NIOSH, he is not entitled to severance pay. Mr. Thomas S. McFee, Assistant Secretary for Personnel Administration, Department of Health and Human Services, requests a decision as to the entitlement to severance pay of Mr. Barry L. Levine. The issue presented is whether an employee who gives notice of his intent to resign after receiving a general notice that the organization by which he is employed will be transferred to a different geographic area, but whose resignation is not effective until after the transfer has been canceled, is entitled to severance pay. Our holding is that, under these circumstances, the employee is not entitled to severance pay. Mr. Levine was employed by the National Institute for Occupational Safety and Health (NIOSH), in Rockville,

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