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B-205339 1 (1982-06-15)

handle is hein.gao/gaobadkkb0001 and id is 1 raw text is: I- ~r 5?! u / DECISION FILE: B-205339 THU COMPTROLLER C NURAL O Frm UNIT(ik 13TATUE WASHINGTON, D, 0, 2OW48I DATEi Jtue 15,1982 MATTER OF; Jeffrey D9 Rushlo, B. Shay Bradley, and others I DIO EBT: 1. The Defense Officer Personnel Management Act, Public Law 96-513, repealed 37 USC, 205(a)(7) and (8), which had authorized constructive longevity of service credit for medical and dental officers of the uniformed services based on their years of professional educa- tion, The constructive service credit was terminated becaust. the Congress had concluded that it resulted is. an anomalous receipt of elevated basic and retired pay by medical and dental officers, and inaptly encouraged their early retirement, Also, the Congress had developed a special pay system for all uniformed health professionals to increase their current income, and it was concluded that the constructive service credit for medical and dental officers was therefore no longer appropriate. 2. A statutory saving clause generally preserves rights under repealed legislation only to the extent that those rights are enumerated in its provisions. Statutory provisions with unambiguous language and specific directions may not be construed in any manner that will alter or extend their plain meaning, and if persons and things to which a statute refers are specifically and unambigulously designated, it is to he inferred that all omissions were intended. However, if giving effect to the plain meaning of words in a statute leads to an absurd result that is clearly unintended and at variance with the policy of thr legislation as a whole, the purpose of the statute rather than its literal wocds will be followed. 3. The Defense Officer Personnel Management Act repealed constructive longevity of service credit for medical and dental officers of I/ V7OO

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