B-158669, JUN. 13, 1966, 45 COMP. GEN. 784

B-158669: Jun 13, 1966

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COMPENSATION - SEVERANCE PAY - RESIGNATION PRIOR TO INVOLUNTARY SEPARATION AN EMPLOYEE WHO RESIGNS IN ANTICIPATION OF AN INVOLUNTARY TERMINATION OF SERVICES IN A REDUCTION-IN-FORCE PROCEEDING PRIOR TO RECEIVING WRITTEN NOTICE IS NOT ENTITLED TO SEVERANCE PAY UNDER THE CRITERIA PRESCRIBED IN SECTION 550.706 OF THE CIVIL SERVICE REGULATIONS THAT A RESIGNATION IS NOT INVOLUNTARY WHEN THE EMPLOYEE RESIGNS BEFORE RECEIVING THE OFFICIAL WRITTEN NOTICE OF 30 DAYS OR MORE TO WHICH EMPLOYEES ARE ENTITLED BEFORE INVOLUNTARY SEPARATION. THE EMPLOYEE'S RESIGNATION DOES NOT QUALIFY AS AN INVOLUNTARY RESIGNATION AND HE IS NOT ELIGIBLE TO RECEIVE SEVERANCE PAY. MEMBERS OF THE BOARD HAVE ATTESTED THEIR SIGNATURES TO A STATEMENT TO THE EFFECT THAT MR.

B-158669, JUN. 13, 1966, 45 COMP. GEN. 784

COMPENSATION - SEVERANCE PAY - RESIGNATION PRIOR TO INVOLUNTARY SEPARATION AN EMPLOYEE WHO RESIGNS IN ANTICIPATION OF AN INVOLUNTARY TERMINATION OF SERVICES IN A REDUCTION-IN-FORCE PROCEEDING PRIOR TO RECEIVING WRITTEN NOTICE IS NOT ENTITLED TO SEVERANCE PAY UNDER THE CRITERIA PRESCRIBED IN SECTION 550.706 OF THE CIVIL SERVICE REGULATIONS THAT A RESIGNATION IS NOT INVOLUNTARY WHEN THE EMPLOYEE RESIGNS BEFORE RECEIVING THE OFFICIAL WRITTEN NOTICE OF 30 DAYS OR MORE TO WHICH EMPLOYEES ARE ENTITLED BEFORE INVOLUNTARY SEPARATION; THEREFORE, THE EMPLOYEE'S RESIGNATION DOES NOT QUALIFY AS AN INVOLUNTARY RESIGNATION AND HE IS NOT ELIGIBLE TO RECEIVE SEVERANCE PAY.

TO MARGRETTE B. BURGESS, SUBVERSIVE ACTIVITIES CONTROL BOARD, JUNE 13, 1966:

ON MARCH 4, 1966, YOU REQUESTED A DECISION CONCERNING THE PROPRIETY OF CERTIFYING FOR PAYMENT A VOUCHER TRANSMITTED HERE COVERING A BI WEEKLY PAYMENT OF SEVERANCE PAY TO MR. JAMES H. JEFFRIES III, A FORMER EMPLOYEE OF THE SUBVERSIVE ACTIVITIES CONTROL BOARD.

IT APPEARS FROM THE INFORMATION TRANSMITTED WITH YOUR LETTER THAT IN DECEMBER 1965 THE BOARD DETERMINED THAT ON OR BEFORE JUNE 30, 1966, THE SERVICES OF MR. JEFFRIES WOULD BE INVOLUNTARILY TERMINATED IN A REDUCTION- IN-FORCE PROCEEDING AND PURSUANT TO THE BOARD'S INSTRUCTIONS THE GENERAL COUNSEL OF THE BOARD ORALLY ADVISED MR. JEFFRIES TO THAT EFFECT. THEREAFTER, PURPORTEDLY IN ANTICIPATION OF THE INVOLUNTARY SEPARATION, MR. JEFFRIES SUBMITTED HIS RESIGNATION EFFECTIVE FEBRUARY 12, 1966. MEMBERS OF THE BOARD HAVE ATTESTED THEIR SIGNATURES TO A STATEMENT TO THE EFFECT THAT MR. JEFFRIES' RESIGNATION WAS RELATED TO THE NOTICE GIVEN HIM THAT HIS POSITION WOULD BE TERMINATED.

WE REQUESTED THE VIEWS OF THE CIVIL SERVICE COMMISSION CONCERNING MR. JEFFRIES' CASE, SINCE THAT AGENCY PROMULGATED THE SEVERANCE PAY REGULATIONS. THE CIVIL SERVICE COMMISSION POINTED OUT IN ITS REPLY THAT MR. JEFFRIES RESIGNED PRIOR TO HAVING RECEIVED A SPECIFIC NOTICE IN WRITING OF AN INVOLUNTARY SEPARATION AND THAT HIS CASE DOES NOT OTHERWISE COMPLY WITH ANY OF THE CRITERIA PRESCRIBED IN SECTION 550.706 OF THE COMMISSION'S REGULATIONS FOR AN INVOLUNTARY SEPARATION--- SEE PAGE 3 OF THE ATTACHMENT TO FPM LETTER 550-13. IN SUCH CONNECTION THE COMMISSION CONCLUDED THAT IT WAS NOT INTENDED THAT A RESIGNATION BE CONSIDERED AS INVOLUNTARY WHEN THE EMPLOYEE RESIGNED BEFORE RECEIVING THE OFFICIAL WRITTEN NOTICE OF 30 DAYS OR MORE TO WHICH EMPLOYEES ARE ENTITLED BEFORE INVOLUNTARY SEPARATION.

SINCE THE REGULATIONS OF THE CIVIL SERVICE COMMISSION SPECIFICALLY DEFINE THE CIRCUMSTANCES UNDER WHICH A RESIGNATION MAY BE REGARDED AS INVOLUNTARY FOR THE PURPOSE OF SEVERANCE PAY ENTITLEMENT AND SINCE WE CONCUR WITH THE COMMISSION'S VIEW THAT MR. JEFFRIES' RESIGNATION DOES NOT QUALIFY AS AN INVOLUNTARY RESIGNATION UNDER THE TERMS OF THOSE REGULATIONS HE IS NOT ENTITLED TO SEVERANCE PAY.

THE VOUCHER WHICH IS RETURNED HEREWITH MAY NOT BE CERTIFIED FOR PAYMENT.