§ 550.706 Criteria for meeting the requirement for involuntary separation

5 CFR 550.706(a)(a) An employee who resigns because he or she expects to be involuntarily separated is considered to have been involuntarily separated if the employee resigns after receiving—

5 CFR 550.706(a)(1)(1) Specific written notice that he or she will be involuntarily separated by a particular action effective on a particular date; or

5 CFR 550.706(a)(2)(2) A general written notice of reduction in force or transfer of functions which—

5 CFR 550.706(a)(2)(i)(i) Is issued by a properly authorized agency official;

5 CFR 550.706(a)(2)(ii)(ii) Announces that the agency has decided to abolish, or transfer to another commuting area, all positions in the competitive area (as defined in § 351.402 of this chapter) by a particular date (no more than 1 year after the date of the notice); and

5 CFR 550.706(a)(2)(iii)(iii) States that, for all employees in that competitive area, a resignation following receipt of the notice constitutes an involuntary separation for severance pay purposes.

5 CFR 550.706(b)(b) Except for resignations under the conditions described in paragraph (a) of this section, all resignations are voluntary separations and do not carry entitlement to severance pay.

5 CFR 550.706(c)(c) A resignation is not considered an involuntary separation if the specific or general written notice is canceled before the separation (based on that resignation) takes effect.