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B-246832 1 (1992-06-22)

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Comptroller General
of the United States
WauldngVtn, D.C. 20548


Decision



Matter of:      Boyd W. Venable III

File:           B-246832

Date:           June 22, 1992


DIGEST

Employee resigned following a general notice of a proposed
reduction-in-force (RIF) but before the agency issued a
specific notice of the personnel action to be effected
pursuant to the RIF. The employee is eligible for severance
pay under 5 U.S.C. § 5595,/ because implementing regulations
allow severance pay if an employee resigns subsequent to a
general notice that all positions within the employee's
competitive area will be abolished. /5 C.F.R.
§ 550.706(a) (2). The RIF notice that the employee received
before resigning qualified as a general notice under
5- C.F.R. § 550.706(a) (2) because it announced the
abolishment of all positions within the employee's
competitive area by a date certain.


DECISION

Mr. Boyd W. Venable III, a former employee of the Federal
Deposit Insurance Corporation (FDIC) appeals our Claims
Group settlement' denying his claim for severance pay. For
the reasons stated below, we reverse the Claims Group's
action and authorize the payment of severance pay.

BACKGROUND

Mr. Venable was formerly employed as an attorney at the FDIC
Knoxville Consolidated Office, Knoxville, Tennessee, from
July 11, 1983, until May 10, 1991. On February 25, 1991,
the FDIC Regional Director issued a memorandum entitled
Office Closing to all employees of the Knoxville
Consolidated Office informing them that the FDIC had decided
to close the Knoxville Consolidated Office by June 1, 1991.
Subsequent to this notice of office closing, the FDIC
offered Mr. Venable an attorney position in its Atlanta,
Georgia office which Mr. Venable declined to accept,
deciding in the alternative to accept a job offer in the



'Z-2867439, Nov. 29, 1991.

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