The Federal Government will Become America's Model Employer for the 21st Century.
Recruit, Retain and Honor a World-Class Workforce to Serve the American People.
Review the new 2014 Federal Employees' Group Life Insurance (FEGLI) Handbook
Answering your questions about Healthcare and Insurance
Congress approved a cost of living increase for Federal retirees.
Manage your retirement online.
Human Resources and Security Specialists should use this tool to determine the correct investigation level for any covered position within the U.S. Federal Government.
OPM’s Human Resources Solutions organization can help your agency answer this critically important question.
Developing senior leaders in the U.S. Government through Leadership for a Democratic Society, Custom Programs and Interagency Courses.
Visit this federal site to search for our regulatory notices, proposed and final rules.
See the latest tweets on our Twitter feed, like our Facebook pages, watch our YouTube videos, and page through our Flickr photos.
The content available is no longer being updated and as a result you may encounter hyperlinks which no longer function. You should also bear in mind that this content may contain text and references which are no longer applicable as a result of changes in law, regulation and/or administration.
OPM Contact: Joann Charleston
A former employee of the [agency] requests that we review his claim for severance pay. We have completed our review of this claim and have determined that it may not be allowed.
This is the claim of a former member of the [state] Army National Guard assigned to an aviation unit in [city, state]. He was employed as an excepted service federal technician at the [agency subcomponent]. As a condition of his employment he was to maintain membership in the [state] Army National Guard.
On September 16, 1991, the employee voluntarily allowed his enlistment to expire. The employee was notified on September 20, 1991 that he would be terminated from his technician job for failure to maintain his membership in the [state] Army National Guard. The agency terminated his employment effective October 25, 1991. The employee now contends that he is entitled to severance pay.
Title 32, United States Code section 709(e)(1) provides in part that a technician who is employed in a position in which National Guard membership is required as a condition of employment and who is separated from the National Guard or ceases to hold the military grade specified for his position by the Secretary concerned shall be promptly separated from his technician employment.
Title 5 CFR part 550.704(a)(3) states that to be eligible for severance pay, an employee must be removed from Federal service by involuntary separation.
In the present case, we note that the employee was eligible to reenlist, but did not submit an application for reenlistment. Therefore, since he did not extend his enlistment contract with the National Guard, his separation from the technician program was the result of a voluntary action and no severance pay is authorized.
Accordingly, the claim is denied.
[claimant's name and address]
cc: [agency's name and address]