About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

B-238729 1 (1990-08-29)

handle is hein.gao/gaobadnud0001 and id is 1 raw text is: 

Comptroller General
of the United Sttes
Washington, D.C. 2054

Decision




Matter of: Curtis A. Phelps

File:        B-238729

Date:        August 29, 1990


DECISION

Mr. Curtis A. Phelps, a former employee of the General
Services Administration (GSA), appeals our Claims Group's
determinations which denied his requests for a recomputation
of severance pay based on his interpretation of 5 C.F.R.
§ 550.704(b) (2) (1990).1/ For the following reasons, we
affirm our Claims Group's determinations.

In his appeal Mr. Phelps contends that, according to his
interpretation of 5 C.F.R. § 550.704(b) (2) (1990), he should
have received not only credit for each of his 20 years of
service, but also an additional one-quarter-of-a year credit
for each of these same years for a total of 25 years of
creditable civilian service. This would result in an
additional $3,926 being added to his basic severance pay
allowance. His basic severance pay allowance would then be
$27,482, which would be used to compute his age adjustment
allowance. In turn this would entitle him to $38,474 in
severance pay as opposed to $32,978 which GSA has paid him.
He also contends that the wording of GSA's computation sheets
is inconsistent with the wording of the severance pay formula
required by 5 C.F.R. § 550.704(b) (2) (1990).

GSA contends that Mr. Phelps's interpretation of 5 C.F.R.
§ 550.704(b) (2) (1990) is clearly mistaken, and that the
wording on GSA's severance pay computation sheets is consis-
tent with the regulation in question. Our Office provided
Mr. Phelps with an opportunity to comment on GSA's report, and
we have fully considered his comments.

Title 5 C.F.R. § 550.704(b) (2) (1990) provides:

      In computing an employee's total years of credit-
      able civilian service under paragraph (b) (1) of this
      section, the agency shall credit him with each full


 1/   Z-2866482, November 7, 1989, and Z-2866482, August 25,
 1989.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most