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B-233089 1 (1989-08-31)

handle is hein.gao/gaobadnol0001 and id is 1 raw text is: The Comptroier General of the United States Washiogton, D.C. 20648 Decision Matterof: Chief Master Sergeant Gerald E. Ohr, USAF File: B-233089 Date: August 31, 1989 DIGESTS 1. Military retired pay is adjusted to reflect cost-of- living increases rather than changes in active duty pay rates, and as a result service members who remained on active duty after becoming eligible for retirement were receiving less retired pay when they eventually retired than they would have received if they had retired earlier. Subsection 1401a(f), title 10, U.S. Code, was adopted to alleviate that problem, and it authorizes an alternate method of calculating retired pay based not on a service member's actual retirement but rather on his earlier eligibility for retirement. 2. Members of the armed services, whether officer or enlisted, who have not met the requirements prescribed by statute and regulation of time-in-grade for retirement in a certain grade may not have their retired pay computed on the basis of the higher grade through operation of 10 U.S.C. S 1401a(f) unless a waiver of that requirement has been granted pursuant to proper authority. 3. Time-in-grade restrictions must be satisfied by a service member in the establishment of the hypothetical retirement date to be used for purposes of the alternate computation of military retired pay authorized under 10 U.S.C. S 1401a(f). 4. ordinarily, an original interpretation of a statute must be applied back to the time of enactment of the law. However, prospective application may be given to a decision which is inconsistent with a reasonable administrative determination which would result in collection action against retired members for erroneous payments of retired pay. The computation of retired pay for those members affected should be adjusted for future payments.

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