About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-175166 1 (1978-04-07)

handle is hein.gao/gaobadfxb0001 and id is 1 raw text is: * r f CECISION 0 4E COMPTROLLER wrERL DEciSINi .I W THE UNITED ETATEa IAUHINQTON, Fl. C. 20548 FI.E; B-175166 DATE: April 7, 1978 MATTER OF: Dr. R. Edward Bellamy, USPHS, Retired (Deceased) DIGEST: Section 509 of Foreign Relations Authorization Act, Fiscal Year IJ78, granting the consent of Congress to the acce'tance of foreign employ- ment by certain officers of the United States, as required by Article I, section 9. clause 8 of the Constitution, does not permit recovery of the retired pay by the widow of a retired Public Health Service officer whose retired pay was withheld during 197J-1977 while he worked for a foreign government. Such period of employment was prioi to the effective date of section 509 and that provision Is :iot retroactive. It has been requczted by Duncan, Brown, Weiziberg and Palmer, P.C., attorneyi for Mrs. R. Edward Bellamy. that we reconside. uur decision 51 Comp. Gen. 780 -(1972), in which we held that her lte husband, Dr. R. Edward Bellamy, a retired officer of the Regular component of the Commissioned Corps of the Public Health Service (PHS), was not entitled to continue to receive his PHS retired pay while employed by a foreign government, the Canadian Department of Agrictilture. The request is based upon the enactment of section 509, Title V, of the Foreign Relztions Authorization Act, Fiscal Year 1978, Public Law 95-105 August 17, 1977, 9A Stat. 844, 859-860, which under certain circumstances grants tne consent of Congress to the acceptance of foreign employment by certain officers of the United States. Following his retirement from the PHS, Dr. Bellamy moved to Canada and was employed by the Canadian Department of Agriculture. After working i; Canada for almost 4 years, receiving both his retired pay and Canadian- salary, Dr. Bellamy inquired whether his eligibility to receive his retired pay would be affected if he became a Canadian citizen. Upon receipt of his letter, the Department of Health, Education, and Welfare -dvised Dr. Bellamy that it believed that receipt of his retired pay % uile an employee of the Canadian Government was in violation c Article I, section 9, clause 8 of the United States Constitution, whir -i provides: I

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most