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B-206699 1 (1982-09-20)

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DECISION


FILE!:


THE COMPTROLLER GENERAL
OF THE UNITED E)TATEU
WABHINGTON  0.02, --4546
   0               -r


DATE: September 20,


B-206699


1982


MATTER OF:

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DWIG S: ;


Lieutenant General Ernest
Graves .lro, USA (Ret,)


Subsection 5532(c) of title 5, United
States Code, requires that combined
military retired pay plus Federal civilian
salary not exceed the rate of basic pay
for Level V of the Executive ScheduvIe for
any pay period.  The term pay period
means thn biweekly pay period fixed under
title 5 for civilian employees, whether
employed full time or intermittently.
Hence, the military retired pay of a
retired Army officer employed intermit-
tently as a civilian consultant is subject
to reduction each biweekly pay period in
which the amount of his combined retired
pay and civilian salary exceeds the
biweekly rate of pay prescribed for
Level V of the Executive Schedule.


     This action is in response to a request for a
decision from Lieutenant Colonel F. N.
Christophersen, FC, a disbursing officer of the
United States Army Finance and Accounting Center,
concerning the proper computation of the military
retired pay of [,ieutenant General Ernest
Graves, Jr., USA (Retired).   The request was for-
warded here by the Office of the Comptroller of the
Army after being assigned control number DO-A-1385 by
the Department of Defense Military Pay and Allowance
Committee.

     The question presented is whether the reduction
of military retired pay required under the dual
compensation restriction imposed by 5 U.SOC.
S 5532(c) (Supp. I1 1979) should be computed on a
daily, a biweekly, or a monthly basis in the case of
retired military personnel who are employed Intermit-
tently in a civilian capacity as consultants by
executive agencies.  We conclude that the reduction
is properly for computation on a biweekly basis.

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