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B-237117 1 (1991-07-12)

handle is hein.gao/gaobadnxf0001 and id is 1 raw text is: Coniptrofler General of Me United Stats WhafiaPRo D.C. 20648 Decision Matter of: Major William R. Minton, et al., USAF (Retired) File: B-237117 Date: July 12, 1991 DIGEST 1. The Dual Compensation Act, 5 U.S.C. § 5531 et se. (1988), is applicable to retired Air Force officers coaching under personal services contracts with the Air Force Academy Athletic Association. 2. Coaches with the Air Force Academy Athletic Association who initially occupy their positions under personal services contracts that terminate in 1 year or less qualify for the 30-day exception from dual compensation deductions for temporary employees at 5 U.S.C. § 5532(d) (2). DECISION This action responds to a request for a decision on the applicability of restrictions in the Dual Compensation Act, 5 U.S.C. § 5531 et seq., to retired regular Air Force officers providing full-time coaching services under contracts with the Air Force Academy Athletic Association (AFAAA).l/ We conclude that the restrictions apply. Majors William R. Minton, Richard H. Enga, Richard W. Baughman and Richard F. Gugat all retired from the Air Force between 1983 and 1987, and all were qualified for retired pay. After their retirements they accepted positions as Paad Basketball Coach, Assistant Football Coach, Head Wrestling Coach, and Head Tennis Coach, respectively, under personal services contracts with AFAAA, a nonappropriated fund activity supervised by the Superintendent of the Air Force Academy. Majors Minton, Enga and Baughman each had his retired pay reduced under 5 U.S.C. § 5532(b), which provides for reductions in military retired pay for officers who also hold positions in the government. Major Gugat's retired pay has not: been reduced for dual compensation purposes, but now also I/ The question was assigned submission number DO-AF-1495 by the Department of Defense Military Pay and Allowance Committee.

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