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B-246958 February 14, 1992

B-246958 Feb 14, 1992
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Claims Group is advised that judgment for severance pay under 5 U.S.C.A. Sec. 5595 (1991 Supp.) are payable from the Judgment Fund. Federal law governing severance pay authorizes payment "in regular pay periods by the agency from which [the claimant was] separated." 5 U.S.C.A. Consequently these judgments are not "otherwise provided for" for the purposes of 31 U.S.C. Your Z files are being returned as attachments to this memorandum. We have contacted his staff and advised them of our disposition of this matter.

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B-246958 February 14, 1992

Claims Group is advised that judgment for severance pay under 5 U.S.C.A. Sec. 5595 (1991 Supp.) are payable from the Judgment Fund, 31 U.S.C. Sec. 1304 (1988).

Memorandum

DATE: February 14, 1992

TO: Judgment Fund Manager - Ken Schutt

THRU: Assistant General Counsel - Thomas H. Armstrong

FROM: Senior Attorney - Neill Martin-Rolsky

SUBJECT: Benabe v. United States, Z-2911096; Bell v. United States, Z-2911095; Sallie v. United States, Z-2911097 (B-246958)

The captioned cases involve judgments against the government on account of failure to pay severance pay to the named individuals. Rufus Hill referred them for our consideration, citing the possibility that the judgments might be payable from agency appropriations. See 63 Comp.Gen. 470, 472 (1984). Federal law governing severance pay authorizes payment "in regular pay periods by the agency from which [the claimant was] separated." 5 U.S.C.A. Sec. 5595(b) (1991 Supp.). We conclude that section 5595(b) does not render agency appropriations available to pay judgments for severance pay. Consequently these judgments are not "otherwise provided for" for the purposes of 31 U.S.C. Sec. 1304. For this reason, these judgments should be certified for payment from the Judgment Fund. Your Z files are being returned as attachments to this memorandum.

As a final matter, you should be aware that we received an inquiry about these cases from Congressman Don Sundquist. We have contacted his staff and advised them of our disposition of this matter. We strongly recommend that Claims Group process these judgments immediately, and that Treasury be asked to expedite its handling, as well.

cc: Mr. Kepplinger, OGC Attachments

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