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B-207134 1 (1983-02-11)

handle is hein.gao/gaobadkwv0001 and id is 1 raw text is: DECISION K FILE: B-207134 THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON. D. C. 20548 DATE: February 11, 1983 MATTER OF: Judge Gerard L. Goettel In order to authorize a refund from the Judicial Survivors' Annuity Fund, other than for absolute retirement, there must be an express statutory provision. The Act of December 5, 1980, Pub. L. No. 96-504, Section 2, 94 Stat. 2741 (amend- ing 5 U.S.C. 8344 (1976)), provides a legal mechanism to allow certain judicial officials the opportunity to reinvest into the civil service retirement plan within a set time. It does not authorize the refund of monies from the Judicial Survivors' Annuity Fund. The Director of the Administrative Office of the United States Courts has requested an opinion on whe- ther the Honorable Gerard L. Goettel, District Judge, Southern District of New York, is entitled to withdraw funds from the Judicial Survivors' Annuity Fund (estab- lished by the Judicial Survivors' Annuity Reform Act, Pub. L. No. 94-554, Section 3, 90 Stat. 2603 (1976)). Judge Goettel seeks to have the monies he originally deposited into the Judicial Fund returned. This deposit gave him credit for his prior Government ser- vice in the Judicial Survivors' Annuity System. He wants to withdraw those funds and use them to reestab- lish his entitlement to a civil service annuity as authorized under the Act of December 5, 1980, Pub. L. No. 96-504, 94 Stat. 2741, which added 5 U.S.C. 8344(f) and (g) (Supp. IV, 1980) to the civil service retirement provisions. The Director's office has tentatively denied Judge Goettel's request. We agree because we cannot authorize a release of funds from the Judicial Survivors' Annuity System without statutory authority. BACKGROUND Judge Goettel elected coverage under the Judicial Survivors' Annuity Reform Act, 28 U.S.C. 376 (1976), C7 DIGEST: - I I - I , _1

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