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![handle is hein.gao/gaobadlgi0001 and id is 1 raw text is:
THE COMPTROLLER GENERAL
DECISION .2 OF THE UNITED STATES
WASHINGTON. O.C. 20548
FILE: B-210645 DATE: August 12, 1983
MATTER OF: Kenneth A. Gordon - Change of Separation
Date in Order to Use Accumulated Leave
DIGEST:
Widow of former employee seeks to cancel
employee's resignation on January 9, 1982,
and substitute sick and annual leave until
employee's death on July 3, 1982. A sepa-
ration date may not be changed absent
administrative error, violation of policy
or regulation, or evidence that resigna-
tion was not the intent of the parties.
There is no evidence of administrative
error, violation of policy or regulation,
or contrary intent which would warrant a
change in the employee's separation date.
The issue here concerns whether a former employee's
resignation date may be moved forward 6 months to the date
of his death which would permit payment for accumulated sick
leave, life insurance benefits, and a survivor's retirement
annuity. We hold that the separation date may not be
changed in the absence of administrative error, the failure
to follow agency regulations, or the failure to conform to
the intent of the parties, none of which are evident in this
case.
This decision is in response to a request from the
Honorable Mark S. Fowler, Chairman, Federal Communications
Commission (FCC). The request is in response to a claim
from the widow of a former FCC employee, Kenneth A. Gordon.
Mr. Gordon was employed by the FCC from September 1971,
until January 9, 1982, when he very unexpectedly resigned
stating as his reasons, [p]ay cap limits objectives.
It appears that in April 1982, Mr. Gordon showed signs of
illness, and he subsequently died of cancer on July 3,
1982. Mrs. Gordon seeks to change Mr. Gordon's resignation
date from January 9 to July 3, 1982, which would permit pay-
ment for unused sick leave (735 hours) and would result in
her entitlement to life insurance benefits and a survivor's
annuity.](ViewImageLocal?handle=hein.gao/gaobadlgi0001&div=1&collection=&method=preview&ext=.png&size=3)