Skip to Highlights
Highlights

WHICH WAS FORWARDED TO US BY CONGRESSMAN J. WHICH WAS EFFECTIVE FEBRUARY 7. AS YOU WERE ADVISED ON AUGUST 21. WE DID NOT CONSIDER IT PROPER TO REEXAMINE THE QUESTION OF YOUR ENTITLEMENT TO SEVERANCE PAY WHICH WAS THE SUBJECT OF OFFICE SETTLEMENT OF SEPTEMBER 2. BASED ON YOUR ALLEGATION THAT THE SEPARATION IN QUESTION WAS IMPROPER. WAS PENDING. SINCE THE REFERRED TO CASE WAS DECIDED MARCH 14. WE HAVE REEXAMINED YOUR ENTITLEMENT TO SEVERANCE PAY UNDER THE PROVISIONS OF SECTION 9 OF THE FEDERAL EMPLOYEES SALARY ACT OF 1965. SUBSECTION (C) OF PUBLIC LAW 89- 301 PROVIDED: "/C) AN OFFICER OR EMPLOYEE TO WHOM THIS SECTION APPLIES WHO IS INVOLUNTARILY SEPARATED FROM THE SERVICE. CONSEQUENTLY WERE NOT ENTITLED TO PROTECTION OF THE LAWS APPLICABLE TO VETERANS PREFERENCE ELIGIBLE EMPLOYEES WHO ARE SUBJECTED TO ADVERSE PERSONNEL ACTIONS.

View Decision

B-158271, MAY 12, 1969

TO MR. PATRICK F. X. MCGUCKEN:

WE REFER TO YOUR LETTER OF MARCH 27, 1969, WHICH WAS FORWARDED TO US BY CONGRESSMAN J. GLENN BEALL, JR., CONCERNING YOUR CLAIM FOR SEVERANCE PAY INCIDENT TO YOUR SEPARATION FROM EMPLOYMENT WITH THE CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY, WHICH WAS EFFECTIVE FEBRUARY 7, 1966.

AS YOU WERE ADVISED ON AUGUST 21, 1967, B-158271, WE DID NOT CONSIDER IT PROPER TO REEXAMINE THE QUESTION OF YOUR ENTITLEMENT TO SEVERANCE PAY WHICH WAS THE SUBJECT OF OFFICE SETTLEMENT OF SEPTEMBER 2, 1966, WHILE YOUR ACTION IN THE COURT OF CLAIMS (MCGUCKEN V UNITED STATES, CT.CL. NO. 154-57), BASED ON YOUR ALLEGATION THAT THE SEPARATION IN QUESTION WAS IMPROPER, WAS PENDING. SINCE THE REFERRED TO CASE WAS DECIDED MARCH 14, 1969, WE HAVE REEXAMINED YOUR ENTITLEMENT TO SEVERANCE PAY UNDER THE PROVISIONS OF SECTION 9 OF THE FEDERAL EMPLOYEES SALARY ACT OF 1965, APPROVED OCTOBER 29, 1965, PUBLIC LAW 89-301, 79 STAT. 1118, 5 U.S.C. 1117 (1964 ED. SUPP. I), NOW 5 U.S.C. 5595. SUBSECTION (C) OF PUBLIC LAW 89- 301 PROVIDED:

"/C) AN OFFICER OR EMPLOYEE TO WHOM THIS SECTION APPLIES WHO IS INVOLUNTARILY SEPARATED FROM THE SERVICE, ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION, NOT BY REMOVAL FOR CAUSE ON CHARGES OF MISCONDUCT, DELINQUENCY, OR INEFFICIENCY, SHALL, UNDER RULES AND REGULATIONS PRESCRIBED BY THE PRESIDENT OR SUCH OFFICER OR AGENCY AS HE MAY DESIGNATE, BE PAID SEVERANCE PAY IN REGULAR PAY PERIODS BY THE DEPARTMENT, INDEPENDENT ESTABLISHMENT, CORPORATION, OR OTHER GOVERNMENTAL UNIT, FROM WHICH SEPARATED.'

IN THE DECISION OF MARCH 14, 1969, THE COURT OF CLAIMS DISMISSED YOUR SUIT FOR BACK PAY. THE COURT HELD THAT YOU VOLUNTARILY RESIGNED YOUR POSITION WITH THE CORPS OF ENGINEERS EFFECTIVE FEBRUARY 7, 1966, AND CONSEQUENTLY WERE NOT ENTITLED TO PROTECTION OF THE LAWS APPLICABLE TO VETERANS PREFERENCE ELIGIBLE EMPLOYEES WHO ARE SUBJECTED TO ADVERSE PERSONNEL ACTIONS. SINCE ENTITLEMENT TO SEVERANCE PAY ARISES ONLY IN CASES OF INVOLUNTARY SEPARATION, WE MUST CONCLUDE THAT YOU ARE NOT ENTITLED TO SUCH BENEFIT.

THEREFORE, THE SETTLEMENT OF SEPTEMBER 2, 1966, DISALLOWING YOUR CLAIM FOR SEVERANCE PAY AS A RESULT OF YOUR SEPARATION OF FEBRUARY 7, 1966, MUST BE SUSTAINED.

GAO Contacts