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B-236979 1 (1990-04-19)

handle is hein.gao/gaobadnsr0001 and id is 1 raw text is: %The Comptroller General of the United States Washington, D.C. 20548 Decision Captain Jack R. Griffin, USN (retired) and Mattero Commander Francis M. Kirk, USN (retired) File: B-236979 Date: April 19, 1990 DIGEST A retired Regular officer of the Navy employed with the Panama Canal Commission does hold a position under the Dual Compensation Act. Therefore, the retired pay of a retired Regular officer who is employed by the Commission is subject to reduction under the Act. A further reduction must be made if the total of his retired pay and his civilian compensation exceeds level V of the Executive Schedule. DECISION We have been asked to resolve whether employment with the Panama Canal Commission by two retired Regular officers of the Navy is subject to the retired pay reduction provisions of the Dual Compensation Act, 5 U.S.C. §§ 5531 and 5532.1/ For the following reasons, we conclude that such employment is covered by the Dual Compensation Act. Captain Jack R. Griffin, USN (retired), and Commander Francis M. Kirk, USN (retired), are retired Regular officers of the Navy currently employed with the Panama Canal Commission (Commission). Captain Griffin was retired from the Navy in 1981 and immediately was employed by the Commission. Commander Kirk was retired in 1981 and commenced work with the Commission in 1984. The Navy has considered their employment to be covered by the Dual Compensation Act, and their retired pay has been reduced in accordance with that act. The officers contend that since the Commission operates with funds collected from shippers who use the Canal, the Commission is a nonappropriated fund 1/ The question was presented by W. C. Simpson, Disbursing Officer and was assigned number DO-N-1746 by the Department of Defense Military Pay and Allowance Committee.

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