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B-204119 1 (1982-01-27)

handle is hein.gao/gaobadkan0001 and id is 1 raw text is: DECISION B-204119 DATE: January 27, MATTQR I DIGEST; OF: Lieutenant Colonel Robert C, McFarlane, USMC (Retired) 1. The reduction of military retired pay required under the dual compensation,* restriction impoged by 5 US.C. § 5532(c) involves a determination of the amount by which the combined rabe of retired pay plus Federal civilian salary exceeds the rate of basic pay preI3cribed for level V of the Executive Schedule, The retired pay is reduced by thai; amount, subject to a proviso that the remainder must at least be equal to the cost of the retiree's participation in any s-urvivor's benefits program or veterans insurance program. 2. 5 U.s.C9 § 5532(c) requires that combined military retired pay plus Federal civilian salary not exceed the rate of pay for level V of the Executive Schedule for any pay period. Hence, the amount of the retired pay reduction required for any given pay period may not be refunded to a retiree even though the retiree's combined retired pay and civilian salary for the entire year may be less than the annual pay prescribed for level V of the Executive Schedule. The Head, Disbursing Branch, Fiscal Division, United States Marine Corps, has requested our decision on the proper computation of the retired pay reduction required by 5 U.S.C. § 5532(c). The request was assigned Control No. DO-MC-1368 by the Department of Defense Military Pay and Allowance Committee. The issues stem from Lieutenant Colonel Robert C. McFarlane's retirement from active military service with the Marine Corps on July 1, 1979, and his subsequent appointment to a full-time civilian position with the United States Senate on July 2, 1979. Although he has since changed employment, colonel McFarlane has, at all times since his military retirement, been employed full time in civilian positions with the Government. 1,I w@.-l..' i - ,.. - .... FILE; 1982 THI COMPTROLLER IIENIRAL OF THE LINETIED W ITATIB WASHINGTON, D, C 20049

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