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![handle is hein.gao/gaobadigv0001 and id is 1 raw text is:
THE COMPTROLLER GENERAL
DECISION OF THE UNITED STATES
WASHINGTON. D. C. 20548
JN IT~S
FILE: B-196823/B-183828 DATE: May 20, 1980
MATTER OF: Commander Alfred H. Gaehler, USN, Retired
DIGEST: The Dual Compensation Provisions in 5 U.S.C.
5532, reduce the retired pay entitlements
of retired officers of Regular components
who are employed .in civilian positions with
the Federal Government. The fact that under
a State community property law the spouse
of the retiree is considered to be entitled
to part of the retired pay does not permit
that part of the member's retired pay to be
excluded from dual compensation reduction
since Federal law controls payment of such
pay.
This action is in response to correspondence from
Commander Alfred H. Gaehler, USN, Retired, concerning his
entitlement to refund of caste44 deductions ma4e from hi-s
military retired pay] re-
The file reflects that for the major-portion of his
post-retirement years, Commander Gaehler was employed by
the Federal Government in a civilian capacity. Since he
was a retired Regular officer of the Navy, his military
retired pay became subject to the limitations contained
in the Dual Compensation Act, 5 U.S.C. 5532, and his
retired pay was reduced accordingly.
Commander Gaehler questions the legality of that
reduction. He states that he is a resident of the State
of California, a community property state, and asserts
that one-half of his military retired pay belongs to his
wife. He contends that since only one-half of his
retired pay is his, the dual compensation reduction is
for application only to that portion.
Commander Gaehler refers to certain court actions
regarding the division of property under the California
community property laws. The court decisions referred
to in his letter and the news article attached held that
in the division of property upon the dissolution of](ViewImageLocal?handle=hein.gao/gaobadigv0001&div=1&collection=&method=preview&ext=.png&size=3)