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B-197813 1 (1980-02-28)

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United States General Accounting Office
Washington, DC 20548


Office of
General Counsi


In Reply
Refer to;


February 28, 19t30


Lieutenant  Colonel
  USMO, Retired
5020 Biscayne  Boul
M iami, Florida  33


e
1


aien  Landrmitmi.

vard                         r.
37


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Dear Colonel  Landrum;


      In your lotter of February  6, 1980  you say  thlAt you
are a  Regular officer of  the United States Marine  Corps,
retired  in 1966.  You have been  employed by American
National  Red Cross since  that time,  You have  recentty
applLed  for a transfer within  the Red Cross to  the posi-
tion of  Special Representative,  Federal Emergency  Manage-
ment Agency,  Denton, Texas.   The position ia a  PRed Cross
position  and you will receive  your pay from the  Red Cross,
It  is your understanding, however,  that the Federal
Government  reimburses the Red  Cross for the cot   of the
position  on an annual basis.


     In view
the provision
this position

     This  ios
However,  the


of this,  you
I of the Dual


not a dec
following


ision
may


ask  if you will
Compensation  Act


of
be


the  Comptroller
helpful to  you.


     The  Dual Compensation Act  (5 U.S.C. 5532) provides
for a coduction  In the retired  or retirement pay  of a
retired officer  of a Regular  component of a uniformed
service  during a period  in which he holds a position
and receives  the pay therefor.  There is also a provision
requiring  that a member  in receipt of retired or  retainer
pay when employed  in a Government  position, have  his
retired  or retainer pay reduced  In an amount equal  to
that which  his retired pay and  the pay of the position
excoeds  the amount currently  paid for level V of  the
Executive  Schadule.


     Of  pr
position
defined  in


ime importance  in your case is
as  used in the Dual  Componsat
5  U.S.C. 5331(2)  as follows:


Edwin J


the  term
ion Act.


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