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B-236399,B-238303 1 (1991-05-29)

handle is hein.gao/gaobadnwv0001 and id is 1 raw text is: Comptroler Generti of the LtUn d States Wanhlsngwn. D.C . 10548 *Decision Matter of: Colonel Jimmy C. Hicks, USA? (Retired); Lieutenant Colonel Claude V. Hall, Jr., USA (Retired) - Dual Compensation Restricions File: B-236399; 3-238303 Date: :!ay 29, 1991 DIGESTS 1. A retired Air Force Colonel employed by the Office of the Comptroller of the Currency (COC), whose compensation is derived from assessments on banks, holds a position in the executive branch and is not thereby exempt from the dual compensation restrictions of 5 U.S.C. ,§ 5531, 5532. The COC is a bureau within the Department of Treasury and the Comptroller performs his duties under the general direction of the Secretary of the Treasury. Because th COC is within an agency funded by appropriated funds it is not separated from general federalirevenues so as to be a nonappropriated fund instrumentality as that term was used in Denkler v. United States, 782 F.2d 1003 (Fed. Cir. 198 ), in exempting employees of certain nonappropiated fund instrumentalities from dual compensation reductions. 2. A retired Army Lieutenant Colonel employed-by the Federal Deposit Insurance Corporation (FDIC), whose compensation is darived from assessments on banks, is not thereby exempt from the dual compensation restrictions of 5 U.S.C. §§ 5531, 5532. The FDIC is a government corporation owned or controlled by the United States and thus is one of the entities specifically enumerated in the definition of positions subject to dual compensation reductions in subsection (b) of 5 U.S.C., § 5532. Because the Federal Deposit Insurance Corporation is authorized to borrow-fr6i the Treasury and pledge the full faith and credit of the United States to the payment of its obligations it is not separated from general federal revenues so as to be a nonappropriated fund instrumentality as that term was used in Denkler v. United States, 782 F.2d 1003 (Fed. Cir. 1986).

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