B-169809, SEP. 15, 1970

B-169809: Sep 15, 1970

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UNDER APPOINTMENT TERMINATED AT THE DESIGNATED PERIODS LESS THAN A YEAR IS NOT ENTITLED TO SEVERANCE PAY. LEVINE: FURTHER REFERENCE IS MADE TO YOUR RECENT LETTERS RECEIVED IN THIS OFFICE ON APRIL 6. YOUR CLAIM FOR SEVERANCE PAY WAS DISALLOWED BY OUR CLAIMS DIVISION SETTLEMENT DATED SEPTEMBER 24. YOUR RECENT LETTERS WILL BE CONSIDERED AS REQUESTS FOR REVIEW OF THE ACTION TAKEN BY OUR CLAIMS DIVISION. REPORTED THAT THE RECORDS ON HAND SHOW THAT YOU WERE GRANTED TEMPORARY APPOINTMENTS NOT TO EXCEED 89 DAYS EACH. YOU WERE ALSO TENDERED A TEMPORARY APPOINTMENT NOT TO EXCEED 30 DAYS COMMENCING ON DECEMBER 30. WHICH WAS CANCELLED ON JANUARY 29. THE STATUTORY AUTHORITY FOR THE PAYMENT OF SEVERANCE PAY IS CONTAINED IN 5 U.S.C. 5595.

B-169809, SEP. 15, 1970

SEVERENCE PAY -- TEMPORARY APPOINTMENT SUSTAINING SETTLEMENT DATED SEPTEMBER 24, 1968, DISALLOWING CLAIM FOR SEVERANCE PAY DUE IN CONNECTION WITH EMPLOYMENT AND SUBSEQUENT SEPARATION AS AS EMPLOYEE OF THE POST OFFICE DEPARTMENT, NEW YORK. POSTAL EMPLOYEE WHO HAD 15 YEARS OF TEMPORARY GOVERNMENT SERVICE, UNDER APPOINTMENT TERMINATED AT THE DESIGNATED PERIODS LESS THAN A YEAR IS NOT ENTITLED TO SEVERANCE PAY, UNDER 5 U.S.C. 5593, WHICH REQUIRES EMPLOYMENT FOR CONTINUOUS PERIOD OF AT LEAST 12 MONTHS WITH THE SEPARATION FROM SERVICE BEING INVOLUNTARY.

TO MR. LOUIS P. LEVINE:

FURTHER REFERENCE IS MADE TO YOUR RECENT LETTERS RECEIVED IN THIS OFFICE ON APRIL 6, 1970, AND JUNE 15, 1970, CONCERNING YOUR CLAIM FOR SEVERANCE PAY ALLEGED TO BE DUE IN CONNECTION WITH YOUR EMPLOYMENT AND SUBSEQUENT SEPARATION AS AN EMPLOYEE OF THE POST OFFICE DEPARTMENT, NEW YORK, NEW YORK.

YOUR CLAIM FOR SEVERANCE PAY WAS DISALLOWED BY OUR CLAIMS DIVISION SETTLEMENT DATED SEPTEMBER 24, 1968, COPY HEREWITH. YOUR RECENT LETTERS WILL BE CONSIDERED AS REQUESTS FOR REVIEW OF THE ACTION TAKEN BY OUR CLAIMS DIVISION.

YOU CLAIMED SEVERANCE PAY FOR 15 YEARS OF TEMPORARY EMPLOYMENT IN THE NEW YORK POST OFFICE. HOWEVER, THE POST OFFICE DEPARTMENT, POSTAL DATA CENTER, NEW YORK, NEW YORK, REPORTED THAT THE RECORDS ON HAND SHOW THAT YOU WERE GRANTED TEMPORARY APPOINTMENTS NOT TO EXCEED 89 DAYS EACH, FOR THE PERIODS OCTOBER 17, 1966, TO JANUARY 13, 1967, AND SEPTEMBER 23, 1967, TO DECEMBER 20, 1967, WHICH APPOINTMENTS TERMINATED AT THE EXPIRATION OF THE DESIGNATED TEMPORARY PERIODS INVOLVED. YOU WERE ALSO TENDERED A TEMPORARY APPOINTMENT NOT TO EXCEED 30 DAYS COMMENCING ON DECEMBER 30, 1967, WHICH WAS CANCELLED ON JANUARY 29, 1968, SINCE YOU PERFORMED NO SERVICE.

THE STATUTORY AUTHORITY FOR THE PAYMENT OF SEVERANCE PAY IS CONTAINED IN 5 U.S.C. 5595. COVERAGE UNDER THAT SECTION DOES NOT INCLUDE AN EMPLOYEE SERVING UNDER AN APPOINTMENT WITH A DEFINITE TIME LIMITATION, EXCEPT ONE SO APPOINTED FOR FULL-TIME EMPLOYMENT WITHOUT BREAK IN SERVICE OF MORE THAN 3 DAYS FOLLOWING SERVICE UNDER AN APPOINTMENT WITHOUT TIME LIMITATION. FURTHERMORE, IN ORDER TO BE ENTITLED TO SEVERANCE PAY, SUBSECTION (B) REQUIRES THAT AN EMPLOYEE MUST HAVE BEEN EMPLOYED CURRENTLY FOR A CONTINUOUS PERIOD OF AT LEAST 12 MONTHS WITH SEPARATION FROM THE SERVICE BEING INVOLUNTARY. SINCE THE RECORD SHOWS THAT YOU WERE NOT CONTINUOUSLY EMPLOYED FOR A PERIOD OF 12 MONTHS PRIOR TO THE TERMINATION OF YOUR SERVICE AND SINCE YOU WERE LAST SEPARATED BY REASON OF THE EXPIRATION OF THE TERM OF YOUR APPOINTMENT, YOU ARE NOT ENTITLED TO SEVERANCE PAY.

ACCORDINGLY, THE SETTLEMENT DATED SEPTEMBER 24, 1968, IS SUSTAINED.