B-158008, DEC. 7, 1965

B-158008: Dec 7, 1965

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GUINTADCAN: REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 22. WHICH WAS TERMINATED BY A REDUCTION IN FORCE ON JUNE 30. THE TERMS OF YOUR EMPLOYMENT WERE STATED IN THE UNITED STATES. A SEVERANCE PAY PLAN FOR FILIPINOS EMPLOYED OUTSIDE THE PHILIPPINES BY THE UNITED STATES GOVERNMENT WAS NOT MADE A PART OF THAT COMPENSATION PLAN UNTIL DECEMBER 3. THE SEVERANCE PAY PLAN WAS THE SUBJECT OF A LETTER DATED DECEMBER 12. WAS PASSED TO THE JOINT COMMANDS FROM CINCPAC BY MESSAGE DTG 090330Z. SUBPARAGRAPH 1 OF THE LETTER STATES THAT "ONLY THOSE EMPLOYEES ON THE ROLLS ON THE EFFECTIVE DATE * * * WILL BE ELIGIBLE FOR BENEFITS.'. WAS FOR REDUCTION IN FORCE. AS YOUR EMPLOYMENT WAS TERMINATED ON JUNE 30.

B-158008, DEC. 7, 1965

TO MR. LORENZO P. GUINTADCAN:

REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 22, 1965, APPEALING OUR DISALLOWANCE OF YOUR CLAIM FOR SEVERANCE PAY INCIDENT TO YOUR EMPLOYMENT WITH THE UNITED STATES AIR FORCE, AT GUAM, WHICH WAS TERMINATED BY A REDUCTION IN FORCE ON JUNE 30, 1964.

THE TERMS OF YOUR EMPLOYMENT WERE STATED IN THE UNITED STATES--- PHILIPPINE 1947 OFF-SHORE AGREEMENT, BUT A SEVERANCE PAY PLAN FOR FILIPINOS EMPLOYED OUTSIDE THE PHILIPPINES BY THE UNITED STATES GOVERNMENT WAS NOT MADE A PART OF THAT COMPENSATION PLAN UNTIL DECEMBER 3, 1964. THE SEVERANCE PAY PLAN WAS THE SUBJECT OF A LETTER DATED DECEMBER 12, 1964, FROM HEADQUARTERS, UNITED STATES ARMY, PACIFIC, APO 958, SAN FRANCISCO, CALIFORNIA, REFERENCE GPPE-CP, TO FOUR COMMANDING GENERALS OF THE UNITED STATES ARMY IN THE PACIFIC AREA, AND WAS PASSED TO THE JOINT COMMANDS FROM CINCPAC BY MESSAGE DTG 090330Z, DECEMBER 1964. SUBPARAGRAPH 1 OF THE LETTER STATES THAT "ONLY THOSE EMPLOYEES ON THE ROLLS ON THE EFFECTIVE DATE * * * WILL BE ELIGIBLE FOR BENEFITS.' THAT EFFECTIVE DATE APPLIES IN ALL CASES, INCLUDING THOSE IN WHICH THE SEPARATION OF THE EMPLOYEE PRIOR TO DECEMBER 3, 1964, WAS FOR REDUCTION IN FORCE, ILLNESS, OR DISABILITY.

ACCORDINGLY, AS YOUR EMPLOYMENT WAS TERMINATED ON JUNE 30, 1964, AND THE EFFECTIVE DATE OF THE PLAN WAS NOT UNTIL DECEMBER 3, 1964, THERE IS NO LEGAL BASIS FOR ALLOWING YOUR CLAIM FOR SEVERANCE PAY. THE DISALLOWANCE OF YOUR CLAIM, THEREFORE, MUST BE AND IS SUSTAINED.