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B-170098 1 (1979-04-20)

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COMPFROLLERt GENERAL OF THE UNITED STATES
          WASINOTON, D.C. 1040j             i40, 59

                               IN Ty B

                                       April 20, 1979


.The Honorable Daniel K. Inouye
United States Seate


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            JJUIear.JUItori Louye;
                Further reference is made to   r letter dated December 13, 1978,
            enclosing for our considoraton i6 report, a letter dated December 7,
            1978, to you, from Mr. Abh    abkman- 91-569 Pupu Street, Ewa
            T3each, Hawaii 96700, cQncerning thea eduction in his Civil Service
            annu.tyjheill experience at age 62/'n this regard he refers to our
            decisio n -170098. Au lat 11, 19'7L_ O Conip. Gen, 80).

               According-to his letter, Mr, Tabakman retired from the United
16,6C 6CO9C0C taAir.F.nrJa effective September 30, 1964, after 20 years of
            active servfee. He was thereafter employed in a civilian position in
            the Federal Government for10 years and then ro~tired froin the Cl
            SrAqe  ys~em at age 55. As stated by Mr. Tabakmam, in order for
            him to achieve a Civil Service retirement status, he had to waive
            receipt of military retired pay and combine his military service time
            with his clvilian time in order to meet the minimum statutory time
            required .0r immediate retirenwer4 at age 55--30 years. 5 U.S.C.
          /13336(a)(1976),-                                            ---

               Mr. Tabakman states that subsequentto his retirement from the
            Civil Servic6, he has been informed that when he reaches age 62, he
            will become oligible for Social Security because of certain of his
            years of military servied (1957-1964), which'yearu would be subtracted
            from the total'creditable years used for Civil Serviceretirement and
            his annuity recomputed based on 22 years rather than 30 years of
            creditable service. He contends that his Social Security-entitlement
            for those 8 yeats would be $97 a month. f{'v5WAer, he points out that
            on recomputation, his Civil Service annuity will be reduced by $303,
            for a net montbly loss of $206. He further points out that since his
            spouse's Civil Service survivor annuity is based on his annuity, it
            would also suffer a diminution.

               Mr. Tabakman expressea the view that the reason that he will
            silfer that financial loss is due to our decision 50 Comp. Gen, 130,
            supra, which he believes should be updated. TA' order to insure
            tlT'fie will neither receive a double benefit nor suffer a financial
            loss, he suggests .enerally, (1) that all r'etired military members


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