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B-236258 1 (1990-03-14)

handle is hein.gao/gaobadnrz0001 and id is 1 raw text is: 141PPL-c The Comproiler General of the United States 9 ~Washigton, D.C. W0W4 Decision Matterof: Lieutenant Colonel Merland Bersch, USAF, Retired File: B-236258 Date: March 14, 1990 DIGEST The reduction in a member's retired or retainer pay that is allocable to a pay period required by 5 U.S.C. S 5532(c) when the combined annual rate of retired pay and annual rate of basic pay for a civilian position with government exceeds level V of the Executive Schedule should be accomplished by converting all factors to a biweekly pay period basis for the purpose of determining whether the pay cap was exceeded and if it is exceeded the deduction should be implemented converting the excess to a yearly then a monthly rate. DECISION Lieutenant Colonel Merland B. Bersch, USAF, retired, appeals a settlement of our Claims Group which denied his claim for retired pay withheld under the provisions of 5 U.S.C. § 5532(c). For the following reasons his claim may be allowed. This case involves the method used to compute the reduction in retired pay required by 5 U.S.C. § 5532(c). That section provides in part as follows: (c)(1) If any member or former member of a uniformed service is receiving retired or retainer pay and is employed in a position the annual rate of basic pay for which, when combined with the member's annual rate of retired or retainer pay . . . exceeds the rate of basic pay then currently paid for level V of the Executive Schedule, such member's retired or retainer pay shall be reduced by an amount computed under paraqraph (2) of this subsection. ...

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