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B-201426 1 (1981-02-19)

handle is hein.gao/gaobadjcu0001 and id is 1 raw text is: ()%,L R /76Kj50 1 '7 C l. THE COMPTROLLER 0 NERAL DECISION OTi oF THE UNITED STATES WASHINGTON. 0.C. 20548 e fOf/1A6 FILE: B-201426 DATE: February 19, 1981 M ATTER OF: Peace Corps VolunteerCS - YDual Compensation Act / -,K-f5 /o/a, 7 _ DIGEST: Peace Corps volunteers serving under section 5 of the Peace Corps Act (22 U.S.C. 2504) do not hold positions as defined by the dual pay provisions of 5 U.S.C. 5531 and, therefore, retired Regular officers of the uniformed services are not subject to retired pay reduction as required by 5 U.S.C. 5532 for retired Regular officers who hold other Government positions. This is.in response to a ,request by the Director of the Peace Corps, for a decision concerning the applicability of the dual compensation provisions- contained in 5 U.S.C. 5531 et sea. (1976), fto retired Regular officers of the uniformed services who serve as Peace Corps volunteers. It is reported that ;the Peace Corps has in the past recruit-d a number of retired officers to serve as volunteers overseas and that if 5 U.S.C. 5532 operates to reduce the retired pay of these volunteers, such recruitment would be seriously impeded- The Director has concluded that the retired pay reduction provi- sions do not apply to volunteers. We agree. Subsection 5532(b) of title 5, United States Code, provides in part that: (b) A retired officer of a regular component of a uniformed service who holds a position is entitled to receive the full pay of the position, but during the period for which he receives pay, his retired or retirement pay shall be reduced to an annual rate equal to the first $2,000 of the retired or retirement pay plus one-half of the remainder, if any. * * * Item (2) in section 5531 defines position as a civilian office or position (including a temporary, part-time or intermittent position), appointive or elective, in the legis- lative, executive, or judicial branch of the Government of the United States * * *. lIt seems clear from the language of sections 5531 and 5532 fh at the retired pay reduction provisions necessarily contemplate an employment relationship with the Government.. We have held that the essential element

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