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B-217050 1 (1986-07-30)

handle is hein.gao/gaobadmkf0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION O.F THE UNITEO STATES WASHINGTON. 0.C. 20549 FILE: B-217050 DATE: July 30, 1986 MATTER OF: Sylvia J. Eastman and Ann H. Meadows - Severance Pay - Temporary Agencies DIQEST: Severance pay statute, 5 U.S.C. § 5595, is intended to provide a cushion for federal employees who are unexpectedly terminated from their positions, but not for those employees who had an expectation of separation at the time of their appoint- ments. Consistent with this intent, a regulation, 5 C.F.R. § 550.704(b)(4)(iii), which denies severance pay to employees of agencies scheduled to expire within 5 years of the employee's date of appoint- ment is valid as applied to agencies which perform an inherently temporary mission and have not been extended. However, the regulation cannot properly be applied to the United States Commission on Civil Rights, which, while literally covered by the regulation, had been in continuous existence for over 20 years at the time the employees seeking severence pay were appointed. Such employees are within the zone of protection intended by the statute since they cannot reasonably be viewed as having an expectation of separation at the time they were appointed. Frances (Goldberg) Zucker, B-188819, February 8, 1978, distinguished. This decision is in response to claims for severance pay submitted to our Claims Group by two former employees of the United States Commission on Civil Rights, Ms. Sylvia J. Eastman and Ms. Anne H. Meadows. For the reasons stated hereafter, we conclude that the claimants are eligible for severance pay. BACKGROUND On November 16, 1983, Ms. Eastman and Ms. Meadows resigned from their positions with the Civil Rights Commission, in lieu of other involuntary action, incident to the projected expiration and shut-down of the Commission O35, .0Ca - 13c'59/

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