B-136051, AUG 26, 1966
Highlights
UNITED STATES DEPARTMENT OF THE INTERIOR: THIS IS IN FURTHER REFERENCE TO OUR DECISION B-136051. IT WAS DETERMINED THAT MR. GASS WAS NOT ENTITLED TO SEVERANCE PAY UNDER THE ACT REFERRED TO ABOVE AND THE IMPLEMENTING CIVIL SERVICE COMMISSION REGULATIONS 550.701 TO 550.708 (ATTACHMENT TO FPM LTR. 550-13. WAS AN APPOINTMENT WITH A DEFINITE TIME LIMITATION. THE CIVIL SERVICE COMMISSION HAS RECENTLY ADVISED THAT THE APPOINTMENT IN ITSELF WAS WITHOUT TIME LIMITATION AND THE FACT THAT IT WAS MADE BY A TEMPORARY COMMISSION IS NOT THE DETERMINING FACTOR AS TO THE NATURE OF THE APPOINTMENT. UNDER THE FOREGOING CIRCUMSTANCES AND HAVING REGARD FOR THE FACT THAT THE CIVIL WAR CENTENNIAL COMMISSION WAS IN EXISTENCE FOR A PERIOD OF OVER EIGHT AND ONE-HALF YEARS.
B-136051, AUG 26, 1966
PRECIS-UNAVAILABLE
EDWARD G. BEAGLE, JR. UNITED STATES DEPARTMENT OF THE INTERIOR:
THIS IS IN FURTHER REFERENCE TO OUR DECISION B-136051, JUNE 17, 1966, TO YOU, CONCERNING THE ENTITLEMENT OF MR. EDMUND C. GASS TO SEVERANCE PAY UNDER SECTION 9 OF THE FEDERAL EMPLOYEES SALARY ACT OF 1965, PUB. L. 89- 301, 79 STAT. 1118.
IN OUR DECISION OF JUNE 17, 1966, IT WAS DETERMINED THAT MR. GASS WAS NOT ENTITLED TO SEVERANCE PAY UNDER THE ACT REFERRED TO ABOVE AND THE IMPLEMENTING CIVIL SERVICE COMMISSION REGULATIONS 550.701 TO 550.708 (ATTACHMENT TO FPM LTR. 550-13, JANUARY 5, 1966) ON THE GROUND THAT HIS EXCEPTED APPOINTMENT ON APRIL 7, 1958, TO THE CIVIL WAR CENTENNIAL COMMISSION, WHICH COMMISSION HAD A SPECIFIC TERMINATION DATE OF MAY 1, 1966, WAS AN APPOINTMENT WITH A DEFINITE TIME LIMITATION. THE CIVIL SERVICE COMMISSION HAS RECENTLY ADVISED THAT THE APPOINTMENT IN ITSELF WAS WITHOUT TIME LIMITATION AND THE FACT THAT IT WAS MADE BY A TEMPORARY COMMISSION IS NOT THE DETERMINING FACTOR AS TO THE NATURE OF THE APPOINTMENT. THE CIVIL SERVICE COMMISSION HAS NOT IN THE PAST DISTINGUISHED BETWEEN UNLIMITED APPOINTMENTS TO TEMPORARY AGENCIES AND UNLIMITED APPOINTMENTS TO PERMANENT AGENCIES.
UNDER THE FOREGOING CIRCUMSTANCES AND HAVING REGARD FOR THE FACT THAT THE CIVIL WAR CENTENNIAL COMMISSION WAS IN EXISTENCE FOR A PERIOD OF OVER EIGHT AND ONE-HALF YEARS, WE NOW HOLD THAT MR. GASS' APPOINTMENT SATISFIES THE STATUTORY AND REGULATORY REQUIREMENTS OF NOT BEING AN APPOINTMENT WITH A DEFINITE TIME LIMITATION. ACCORDINGLY, MR. GASS IS TO BE REGARDED AS ENTITLED TO SEVERANCE PAY AS OF MAY 1, 1966, AND A VOUCHER COVERING SUCH PAY MAY BE CERTIFIED FOR PAYMENT IF OTHERWISE CORRECT.
AS TO WHETHER THE 1966 FUNDS OF THE CIVIL WAR CENTENNIAL COMMISSION WOULD BE AVAILABLE AFTER JUNE 30, 1966, FOR PAYMENT OF SEVERANCE PAY, SUCH AS HERE INVOLVED, WE SEE NO REASON WHY SUCH FUNDS WOULD NOT BE AVAILABLE FOR THAT PURPOSE. SEE B-158499, DATED MARCH 18, 1966.
A COPY OF THIS DECISION IS BEING FURNISHED TO MR. GASS.