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B-192415 1 (1979-03-01)

handle is hein.gao/gaobadgzb0001 and id is 1 raw text is: 





DECISION


/ ~  THE COMPTROLLER GENERAL
(~<. ~OF THE UNITED STATES
       W.  \ASHINGTON, 0. C. 2054


FILE:   B -                       AT me her 1 n7
FIL E     O :'InereDATE: M               rch 1,1

M'ATTER  0r':-Kf ~l-,Interest Reiiursement          ke6~1~


Interest accrued on state retirement
contribution after state employee, who
had been temporarily assigned to Federal
Home  Loan Bank Board under Intergovern-
mental Personnel Act of 1970, returned to
employment with California State University.
Interest is payable only when provided for
in contract or when specifically directed by
statute. Board did not agree to pay interest,
and 5 U.S. C. § 3374(e) authorizes but does
not require Federal executive agency to pay
employer's state retirement contribution
covering period of Federal assignment. In
absence of agreement, Board is not obligated
topay the interest charge.


    This responds to a request for decision from. Ms. Fredda T.
Walker, authorized certifying officer of the Federal Home Loan Bank
Board, concerning the claim of Mr. Lyle Kalish for interest on the
employer's contribution to -Mr.- Kalish's retirement account with the
State of California Public Employees' Retirement System.

    The issue is whether the Board may legally pay the interest.
The Intergovernmental Personnel Act of 1970 in 5 U. S. C. § 3374(e)
(1976) provides that a Federal executive agency which appoints a state
or local government employee under the Act may pay the employer's
contribution to his retirement plan if the state or local government
fails to pay it for the period of the Federal assignment. The statute
is silent as to the payment of interest on such contributions.

    Mr. Kalish, Assistant Professor of Economics at California State
University, was appointed under 5 U. S. C. § 3374(a)(1) to serve as
a Board employee between August 4, 1976, and July 30, 1977. When
Mr.  Kalish was first appointed, the Board asked the University what
the amount of the employer's s'hare of retirement contribution was.
The University informed the Board that the Board could not pay the
employer's contribution until Mr. Kalish returned to the University.
In accordance with sections 20930(i) and 20932 of the California
Government  Code, Mr. Kalish could elect to obtain state retirement


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