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![handle is hein.gao/gaobadgtm0001 and id is 1 raw text is:
DECISION
FILE: B-1
MATTER O
OIGEST:
THE COMPTROLLER GENERAL
OF THE UNITED STATES
WASHINGTON, D. C. 20546
L'N I T f'
93337
DATE:
jJAN 4 1979
F: Filomeno Q. Ortiz - Request for Retirement
Pay /A /S i],r-c st J
1. Former non-citizen Navy employee in
Philippines is not entitled to retirement
annuity based on various periods of
service from 1939 to 1970 since he was
not covered by United States Civil Service
Retirement System and was paid lump-sum
payment upon his retirement in 1970 as
provided by Collective Bargaining Agree-
ment of July 28, 1969.
2. Request for review of Civil Service
Commission denial of Filipino national's
application for retirement annuity based
on service during period 1939-1945 be-
cause claimant had been charged with
collaborating with enemy and abandoning
position with Navy in Philippines is denied.
Civil Service Commission has exclusive
jurisdiction over the computation and pay-
ment of civil service annuities.
This action is a reconsideration of Settlement Certificate
No. Z-1198881 issued by the Claims Division of our Office disallow-
ing the claim of Mr. Filomeno Q. Ortiz for retirement pay under
the U.S. Civil Service Retirement System.
The record indicates that Mr. Ortiz was employed in various
positions by the Department of the Navy from 1939 to 1970 in the
Philippine Islands. Mr. Ortiz, who stated that he received only
severance pay on his retirement in 1970, submitted a claim for
retirement pay to the Claims Division. After an administrative
report from the Navy Regional Finance Center was received, the
Claims Division disallowed the claim on the grounds that Mr. Ortiz
was only entitled to a lump-sum retirement payment and that he was
never covered by the U. S. Civil Service Retirement System.
Mr. Ortiz appeals the disallowance. He specifically alleges that
he is entitled to an annuity for service from 1939 to 1945 because
the Civil Service Commission (CSC) improperly denied his appli-
cation for a retirement annuity on the grounds that he collaborated
with the Japanese during World War II.
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