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B-193772 1 (1980-01-22)

handle is hein.gao/gaobadhxl0001 and id is 1 raw text is: DECISION THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON. D.C. 20548 'NITOV FILE: B-193772 or, / ' OCATE: January 22, 1980 MATTER OF: Advance payments of retired pay and survivor annuities DIGEST: 1. Retired pay is included within the definition of pay in 37 U.S.C. 101(21). Therefore, au- thority in 37 U.S.C. 1006(h) to make payments up to 3 days in advance of a regular payday, of pay and allowances to individuals under the jurisdiction of the Secretaries of the military departments includes payments of retired pay. 2. Payments such as survivor annuities to depend- ents not included within the definitions of pay and allowances contained in title 37, United States Code, may not be made in advance under the authority of 37 U.S.C. 1006(h). The question presented in this case is: Can advance payments authorized by 37 U.S.C. § 1006(h) (1970) be made to military retirees and surviving military dependent annuitants on the same basis as is now done for active duty members under the provisions of 37 U.S.C. § 1006(h)? Advance payments to military retirees may be made under the authority of 37 U.S.C. 1006(h) (1976). However, advance survi- vor annuity payments may not be made under this authority. The question and discussion thereof are contained in Department of Defense Military Pay and Allowance Committe Action Number 543, transmitted to this Office by the Assist- ant Secretary of Defense (Comptroller). Subsection 1006(h) of title 37, United States Code, pro- vides as follows: Notwithstanding section 529 of title 31, the Secretary concerned may, when the last day of the pay period falls on a Saturday, Sunday, or legal holiday, authorize the payment of pay and allow- ances to members of an armed force under his juris- diction on the preceding workday but not more than A /) f_-? 77 9 T7V U 13`-_,7_____9_

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