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B-217442 1 (1985-02-19)

handle is hein.gao/gaobadtou0001 and id is 1 raw text is: COMPTROLLER GENERAL OF THE UNITED STATES . WASHINGTON 0 C 20548 3-217442 riar: l . 1v The Honorable Daniel K. Akaka Member, United States House of Representatives Post office Box 50144 9onolilu, Hawaii 96850 Dear Mr. Akaka: We refer to your letter dated November 21, 1984, with enclosures, concerning Mr. , who 4sks whether he will oe eligible to receive a discontinued service retirement with an immediate Civil Service annuity in the event he is separated from the National Guard on grounds that he is overweight. Mr. s rights under the Civil Service retirement laws are matters reserved by statute for adjudica- tion primarily by the Office of Personnel Management rather than by us, but we are providing information that may be of use in this matter. Background Mr. = indicates that he holds fill-time Federal civilian employment as a National Guard technician. He is also an enlisted member of the Hawaii Arny National Guard, and ne recognizes that he must maintain his military membership in the Guard as a condition of his continued civilian employment in the technician's position. He is over 50 years old and has completed more than 20 years of service as a technician. The National Guard Bureau has advised Mr. = that technicians who do not meet prescribed military weight standards may be discharged from military Guard membership for that reason. The Bureau has further advised him that if he loses his military membership in the Guard for failing to comply with the weight standards, the Bureau would consider his subsequent termination from technician employment as voluntary since it would be considered within his control to lose weight and meet the prescribed standards. The Bureau has expressed the view that such voluntary failure on his part to comply with the weight standards would make him ineligible for a discontinued service retirement with an immediate annuity. Mr. questions the correctness of this advice received Uoithe National Guard Bureau. He refers to our

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