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B-170098 1 (1973-01-17)

handle is hein.gao/gaobaddut0001 and id is 1 raw text is: COMPTROLLER GENERAL. OF THE UNITED STATES WASHINGTON. D.C. 20548 099495 1-170098 January 17, 1973 Dear Mr. Secretarys This refers to letter dated September 11, 1972, from the Assistant Secretary of Defense (Comptroller) transmitting for decision Department of Defens-* Military Pay and Allowance Comittee Action No. 467 involv- ing the following question: l. May a Civil Service retiree with 5 or ore years civilian service vbo used his military service to establish eligibility for an annuity, revoke his vaiver of military retired pay upon reaching age 62, have his military retired pay reinstated, and have his Civil Service anity recomputed on the basis of civilian service only? In reaching our decision, the Assistant Secretary asks us to consider a statement (copy of which was enclosed) made by the Deputy Assistant Secreta-r of Defense (hnpcrwrer and Reserve Affairs) on H. R. 10670 before the Special Subecmittee on Survivor Benefits, Senate Conmittee on Armed Services. H. R. 10670 has become Public Law 92-425, approved Septezber 21, 1972. Th1 law establishes a survivor benefit plan for military personnel. In 50 cep. Gen. S0 (1970) it vas held, quoting from the syllabass that: A retired meidber of the uniformed services Vhose military service upon retirement from civilian employment is not used to establish his civil service annuity eligibility but is only used in the computation of the annuity to $2crease the amnt payable, may withdraw his vaiver of retired pay and have the pay reinstated as no double bene- fit would result fram the sam service by terminating the use of the military service to empuV.!';he civil service annuity and reinstating the retired ny, and 5 U.S.C. 8332(e) provides that a civil service retirement does not affect the right of an employee to retired pay, pension, or compensation in addition to an anmity payable upon retirement free the Federal civilian service. SPs 0 0 #9 PUBLISHED DECISION 52 Comp. Gen.

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