(a) The requirement for 12 months of continuous employment is met if, on the date of separation, an employee has held one or more civilian Federal positions over a period of 12 months without a single break in service of more than 3 calendar days. The positions held must have been under:
(1) One or more qualifying appointments;
(2) One or more nonqualifying temporary appointments that precede the current qualifying appointment; or
(3) An appointment to a position in a nonappropriated fund instrumentality of the Department of Defense or the Coast Guard that precedes the current qualifying appointment in the Department of Defense or the Coast Guard, respectively.
(b) When a break in service that is covered by severance pay interrupts otherwise continuous Federal employment, the entire period is considered continuous service.
(c) The period during which an employee receives continuation of pay or compensation for an injury on the job under chapter 81 of title 5, United States Code, is considered continuous Federal service.
[55 FR 6593, Feb. 26, 1990, as amended at 57 FR 12405, Apr. 10, 1992]
Notes of Decisions
Santora v. United States, 9 Cl. Ct. 182 (Ct. Cl. 1985).
· cites it 3× “Since my resignation is involuntary, I now make a formal demand for severance pay to which I am entitled under the criteria set forth in 5 CFR 550.705. I request your response to this demand in order that I may protect any rights or benefits to which I may be entitled.”
Gambrell v. United States, 29 Fed. Cl. 764 (Fed. Cl. 1993).
“See 5 C.F.R. §§ 550.705 and 550.706 (1990). Those regulations provide: § 550.”
Santora v. United States, 10 Cl. Ct. 38 (Ct. Cl. 1986).
“At the same time the court denied summary judgment for plaintiff because he failed to support his motion with evidence that his job description lacked a mobility requirement, which is a threshold requirement of eligibility for severance pay under 5 C.F.R. § 550.705 and §…”
Giknis v. United States, 19 Cl. Ct. 721 (Ct. Cl. 1990).
“The regulation on which plaintiff relies is 5 CFR § 550.705 (1989). This regulation, one of several on the subject of severance pay entitlement, reads in pertinent part as follows: Failure to accept assignment.”
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