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B-231565 1 (1988-11-14)

handle is hein.gao/gaobadngt0001 and id is 1 raw text is: aThe Comptroller General of the United States WauMaton, D.C. 204 Decision Matterof- Military Retirees - Employment Under Contract - Dual Compensation Restrictions File: B-231565 Date: November 14, 1988 DIGEST When the military and naval departments enter into statutorily authorized personal services contracts for the services of retired service members who are specialists in medicine and related fields, the retirees do not thereby become civilian federal employees in established govern- ment positions. Hence, they are not covered by the dual compensation restrictions of 5 U.S.C. SS 5531 and 5532 (1982), which apply to a retired service member who holds a civilian position in the government. DECISION In this case we conclude that retired military and naval personnel are not subject to reductions in their retired pay under the dual compensation restrictions of 5 U.S.C. §S 5531 and 5532 (1982) when they enter into contracts with the government under the authority of 10 U.S.C. S 1091 (Supp. IV 1986) to provide health care services.l/ BACKGROUND Section 1091 of title 10, United States Code, authorizes the Secretaries of the military and naval departments to contract with persons for services (including per- sonal services) for the provision of direct health care services. . . . Implementing regulations of the Department of Defense (DOD) permit these personal service contracts when in-house sources are insufficient to support 1/ This action is in response to a request for a decision received from the Judge Advocate General of the United States Navy. 04,1&7/13 7QSO

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