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B-198557 1 (1982-03-25)

handle is hein.gao/gaobadkem0001 and id is 1 raw text is: * .4 7 I ?i CECIUICN THE VfNT*WD STATED WAnHINGTON, [.O a, 50546 FILE: B-198557 MATTEM OF: Major DIGEST: DATE: taroh 25, 19.12 Marvin L. Friedman, USAF, Retired Congress has authorized retired Regular officers of uniformed services to accept compensation for employment by a foreign government if Secretary concerned and Secretary of State approve. In decision B-198557, July 17, 1980, we held that a retiree who accepts foreign employment after receiving Secretary of the 'Air Force's approval but before Secretary of State's is subject to the rule tn B-170538, October 13, 1977, that he must repay the United States an amount equal to compensation received from foreign government. However, we also held that when final approval is given, with- holding of retired pay is to be discontinued except to the extent that retired pay was paid for the period of unauthorized employ- ment by a foreign government. -193562, December 4, 1979, is overruled to the extent it is inconsistent with these decisions. This decision is in response to a request for clarification of our decision in the Matter of Friedman, dated July 17, 1980. The initial requestif r decision was presented by the Deputy Assistant Comptroller for Accounting and Finance, USAIF, and was.assigned submis- sion number DO-.AF-1342 by the Department of Defense Military Pay and Allowance Committee. This request for clarification is made by the Deputy for Accounting and Internal Audit, Department of the Air Force. The issue presented in the initial decision con- cerned whether a retired Regular Air Force officer was entitled to retired pay when he accepted employment and compensation therefor from a foreign government after receiving approval from the Secretary of the Air Force but prior to the granting of approval by the secretary of State, as required by section 509 of the Foreign Relations Authorization Act, Fiscal Year 1978, Public Law 95-105, August 17, 1977, 91 Stat. 844, 859-860. The decision in Friedman is affirmed and our reasons for that holding-are explained below. .4 *1 0 I'; S. try . - . *1 ..~ ~. *~tflI -90 ' ~ fr's Sit A PM jS 4~ THIE OF

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