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B-226074 1 (1988-06-03)

handle is hein.gao/gaobadncv0001 and id is 1 raw text is: The Comptroller General of the United States Washington, D.C. 20M8 Decision Captain Larry A. Fields, USAF (Retired)--Dual Compensation Act--Employment with National Credit Matterof. Union Administration File: B-226074 Date: June 3, 1988 DIGEST A retired Air Force officer employed in a civilian position with the National Credit Union Administration is not exempt from the dual compensation restrictions of 5 U.S.C. SS 5531, 5532, on the basis of the court's decision in Denkler v. United States, 782 F.2d 1003 (Fed. Cir. 1986). There the court found that positions with the Federal Reserve Board are not covered by the dual compensation restrictions because the Federal Reserve Board is a nonappropriated fund instrumentality and the only such instrumentalities covered by the law are those of the Armed Forces. The National Credit Union Administration is an executive agency of the federal government which assesses member credit unions for funds which it uses to pay its expenses and its employees' salaries. Although these funds are collected as assessments from credit unions, they are required by law to be deposited in the Treasury and are spent by the Admin- istration under statutory authority constituting a con- tinuing appropriation; therefore, they are considered appropriated funds, and the Administration is not a nonappropriated fund instrumentality for purposes of the dual compensation restrictions. DECISION The issue presented in this case is whether Captain Larry A. Fields, USAF (Retired), is subject to reduction in his

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