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B-178170 1 (1973-05-17)

handle is hein.gao/gaobaadpt0001 and id is 1 raw text is: f I.-, *COMPrROL-ER GENERAL. OF THE UNITED STATES WASH INGTO, D.C. =US 56136 5-2781,70 MAy 17, 1973 I The Honorable Williem P. Clements, Jr. The Duputv Secretary of Defense Dear Mr. Clements: We refer to letter dated March 7, P973s of the Acting Assistant Secretary ot Defena (Comptroller) requesting a decision as to whether retired .pay of military personnel may be computed on basic pay rates in excess of $36,000 per annum contained in Executive Order 11692, and subsequent cost of living increases computed on that amount9 or must such computation be baed on the $36,000 per annum limit applicable t o civilian employees as prescribed by section 5308 of title 5, U. B. Code. There ran enclosed copies of' Ccmittee Action Io. 470 of the Department of Defense Mflitary Pa x and Aflowance Comittee setting forth and discussing the following cestions 1. Nhere mwnthly basic pay, as established by ED 11692, is in excess of $3,000, may retired pay, upon initial retirp.antp be computed on the basic pay rates stated in the :xecutie Order? 2. Zr quention 1 is answered in the affirmative, iuld the restriction imposed by Section 5308, Title 5, U.S. Code, as -mended, apply to adjustuents of retired pay for cost '#' living increases authorized under Sec- tion l 0la, Tltle 10i U.B. Code? As stated in the Committee Action discussion, military retired pay is computed in aoordance with specific statutory authority as set forth ill title 10, U. 8. Code, and upon initial retirement such pay is limited to 75 percent of the monthly basic pay of the grade to vhich the member is entitled. Iecutive Order 1692 dated December 19, 1972, effective January 1, 1973, establishes the monthly basic pay of grade 0-30 at rates in excess of $3,000; however, a footnote specifies that the rate of basic pay for military personnel at theae ratt. is limited by 5 U.S.. 5308 to the rate of level V of the Executive schedule ($3,000 per annum or $3,000 per =onth). , - '. 52 C om p . G e a. -,, , , . ,~n n &2' C---.... --- , * ' I,Ut, UlIj

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