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B-195062 1 (1980-01-10)

handle is hein.gao/gaobadhwn0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES V WASHINGTON, 0 C 20548 B-195062 DATE: January 10, 1980 OF: (Income Limitations for Reemployed Foreign Service Annuitants_ Subsection 1112(a) of title 22, United States Code, provides a limitation on the amount of annuity a Foreign Service annuitant may receive while reemployed by the Federal Government. The annuity, when combined with the salary the employee is entitled to receive in any calendar year may not exceed the annuitant's salary at retireiment. The Department asks how the limitation with regard to salary earned in 1 year but not received until the next year should be applied. Our view is that the limitation should apply to the year when the salary would normally be paid in the usual course of actions. We h ve been asked to rule on the Linterpretation of salary as-used i-nsection 872(a) of the Foreign Service Jt, 22 U.S.C. § 1112(a), to determine the income limitation prescribed for Foreign Service annuitants who are reemployed in the Federal service. tzy$&5j The submission from the Deputy Assistant Secretary for Budget and Finance, Department of State, states L that the Department currently uses the date of salary 9 payment for the purpose of establishing whether the income limitation has.been exceeded. He states that this practice was instituted some time ago b.ased on a legal opinion which concluded that the interpretation of the words receive, receives, and receiving as used in section 872 of the Foreign Service Act, supra, is to be given a literal interpretation and treated as meaning actually received. It is also pointed out that a comparison consideration was given to the fact that when Congress wanted to use the concept date of earning rather than receipt, it specifically so provided, citing to 5 U.S.C. S 8344(a). FILE: MATTER DIGEST:

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