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B-244417 1 (1992-07-01)

handle is hein.gao/gaobadoce0001 and id is 1 raw text is: 



Comptroller General
of the United States
Washington,f,, 20548/
Decision



Matter of: Colonel Amilr,ar Vazquez, USMC (Retired)

Filet:       B244417

Date:        July 1, 1992

DIGEST

1. A retir'ed member wi-o was employed by the Census Bureau
in a temporary posJtion and, after resignation from that
position, was appointed to another temporary position with
recognizably different duties and responsibilities from the
original position is entitled to the 30-day exemption from
dual compensation restrictions under 5 U.S.C. § 5532 (d) (2).

2, A retired member who held',a temporary appointment with
the Census Bureau before the effective date of Public
Law 101-86, which provided for a 6-month exemption from the
Dual Compensation Act for members appointed to temporary
positions with the Bureau on or after the effective date of
the law, does not qualify for the 6-month exemption.

DECISION

This is in response to a request from the United States
Marine Corps regarding'Colonel Amilcar Vazquez, USMC
(Retired).   The question presented is whether
Colonel Vazquez, whr' was employed on a temporary basis by
the United States A!i'sus Bureau from 1989-1991, was entitled
to an exemption ttr6..4 the dual compensation laws under either
5'U.SPC. § 5532(d)(2) or Public Law 101-86, following his
appointment to the second of two temporary positions with
that agency. We conclude that the member was entitled to
the exemption provided under 5 U.S.C. § 5532(d)(2), but not
to the exemption provided under Public Law 101-86.

Colonel Vazquez started working for the Census Bureau on
May 2, 1989 in a temporary position in the area of
marketing. He resigned effective February 16, 1990, and was
appointed 4 days later to a second temporary position on
February 20, 1990. The second appointment required
expertise and work in the area of program management.




1The request was forwarded through the Defense Finance and
Accounting Service and has been assigned number 91-2-N.

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