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B-204071 1 (1981-07-29)

handle is hein.gao/gaobabkcx0001 and id is 1 raw text is: COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON D.C. 20548 July 29, 1981 B-204071 Mr. Richard R. Hite Principal Deputy Assistant Secretary - Policy, Budget, and Administration United States Department of the Interior Washington, D.C. 20240 Dear Mr. Hite: This letter is in response to your letter dated July 20, 1981, concerning the [appointment of former Comptroller General G--t-h-e--n-i-t-ed -S-t-at-e-s-E-l-me r- -B----S-t-a-a-t-sto -a$*position in the Department of the Interior. You are particularly concerned about the effect of such appointment on Mr. Staats' retirement annuity and ask whether: (1) his annuity must be reduced by the amount of compensation he receives from the Department of the Interior, or (2) he may receive compensation from the Department in addition to his annuity, and the authority therefor. Under the statutory authority of 31 U.S.C. 43, Mr. Staats may receive compensation from the Department of the Interior without any reduction in either his salary or his retirement annuity. The extent to which a Federal retirement annuity may be affected by the recipient's acceptance of a new position in the Government service is a matter for determination under the specific provisions of statute which pertain to that particular annuity or to the new position. For example, the statutory provisions of 5 U.S.C. 8344 direct that annuitants under the Civil Service retirement system who are reemployed by a department or agency may not receive both their annuity and full salary during a period of reemployment, and employ- ing agencies are required to deduct an amount equal to the annuity payments from reemployed annuitants' salaries for deposit in the Treasury to the credit of the Civil Service retirement fund. Distinctly different statutory rules apply to Foreign Service annuitants and retired military personnel who are appointed to Government positions. See 22 U.S.C. 1112 and 5 U.S.C. 5532. Thus, in any situation of this nature, the provisions of statutory law governing the partic- ular retirement program under consideration are controlling. o/ 13

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