B-137511, JUL. 5, 1960
Highlights
IT APPEARS THAT THE EMPLOYEES WILL BE TRANSFERRED FROM THE DEPARTMENT OF THE ARMY. THE SECTION IS NOT TO BE CONSIDERED CONSIDERED AS APPLYING TO TRANSFERS OF CIVILIAN EMPLOYEES FROM ONE DEPARTMENT OR AGENCY TO ANOTHER. THE SECTION IS NOT TO BE CONSIDERED AS APPLYING TO TRANSFERS OF EMPLOYEES MADE BY OPERATION OF LAW SUCH AS PROVIDED BY SECTION 302 (A) OF THE ACT. OUR VIEW IS THAT THE EXISTING BENEFICIARY DESIGNATIONS ARE NOT RENDERED INVALID SOLELY BECAUSE OF THE MASS TRANSFER. THE EXECUTION OF ADDITIONAL FORMS FOR A DESIGNATION OF BENEFICIARY BY THE EMPLOYEES SO TRANSFERRED ARE NOT REQUIRED.
B-137511, JUL. 5, 1960
TO ADMINISTRATOR, NATIONAL AERONAUTICS AND SPACE ADMINISTRATION:
ON JUNE 29, 1960, THE DIRECTOR OF FINANCIAL MANAGEMENT OF YOUR ADMINISTRATION, TRANSMITTED TO US FOR CONSIDERATION THE APPLICABILITY OF SECTION 8530.40 OF TITLE 6 OF THE U.S. GENERAL ACCOUNTING OFFICE MANUAL TO THE TRANSFER OF APPROXIMATELY 5,000 EMPLOYEES FROM THE DEPARTMENT OF THE ARMY TO THE NATIONAL AERONAUTICS AND SPACE ADMINISTRATION ON JULY 1, 1960.
ALTHOUGH THE MANUAL REQUIRES ANOTHER DESIGNATION OF BENEFICIARY FORM BE EXECUTED BY THE EMPLOYEE UPON HIS BEING REEMPLOYED OR TRANSFERRED TO ANOTHER AGENCY, THE LETTER REQUESTS WHETHER IN THE CIRCUMSTANCES OF THE MASS TRANSFER THE EXISTING DESIGNATIONS MAY BE RECOGNIZED UNDER THE REGULATIONS AS CONTINUING IN EFFECT, OR THAT AN EXCEPTION BE MADE TO THE REGULATIONS IN CASES OF MASS TRANSFER OF PERSONNEL.
IT APPEARS THAT THE EMPLOYEES WILL BE TRANSFERRED FROM THE DEPARTMENT OF THE ARMY, ARMY BALLISTIC MISSILE AGENCY, HUNTSVILLE, ALABAMA, TO YOUR AGENCY IN THE SAME GENERAL GEOGRAPHIC AREA UNDER THE PROVISIONS OF SECTION 302 (A) OF THE NATIONAL AERONAUTICS AND SPACE ACT OF 1958, 72 STAT. 433, WHICH PROVIDES FOR THE TRANSFER TO YOUR ADMINISTRATION OF ANY FUNCTIONS OF ANY DEPARTMENT OR AGENCIES WHICH RELATE PRIMARILY TO THE FUNCTIONS AND DUTIES OF THE ADMINISTRATION. THE ACT ALSO PROVIDES IN CONNECTION WITH SUCH TRANSFER, FOR THE APPROPRIATE TRANSFER OF RECORDS, PROPERTY AND FUNDS AS WELL AS THE CIVILIAN PERSONNEL.
THE CONNOTATION "TRANSFER" UNDER SECTION 8530.40 OF THE MANUAL RELATES TO VOLUNTARY INDIVIDUAL TRANSFERS OF CIVILIAN EMPLOYEES FROM ONE DEPARTMENT OR AGENCY TO ANOTHER. THE SECTION IS NOT TO BE CONSIDERED CONSIDERED AS APPLYING TO TRANSFERS OF CIVILIAN EMPLOYEES FROM ONE DEPARTMENT OR AGENCY TO ANOTHER. THE SECTION IS NOT TO BE CONSIDERED AS APPLYING TO TRANSFERS OF EMPLOYEES MADE BY OPERATION OF LAW SUCH AS PROVIDED BY SECTION 302 (A) OF THE ACT.
THEREFORE, OUR VIEW IS THAT THE EXISTING BENEFICIARY DESIGNATIONS ARE NOT RENDERED INVALID SOLELY BECAUSE OF THE MASS TRANSFER, AND THE EXECUTION OF ADDITIONAL FORMS FOR A DESIGNATION OF BENEFICIARY BY THE EMPLOYEES SO TRANSFERRED ARE NOT REQUIRED.