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B-187854 1 (1977-02-24)

handle is hein.gao/gaobadecx0001 and id is 1 raw text is: W. hubert . pi*t a, Cir. ars'. THE COMPTROLLEN MENERAL DRECIBION . * OF THE UNITED STATUE WASHINGYON, D.C. ADS4U L~jrIU FILE: B -1 MATTER 0 DIGEST: 87854 DATE: IFbruary 24 1M F: John Brosky, Jr. - annuity entitlement effect on severance pay National Guard technician separated in lieu of reduction in force had previously become eligible for and had begun receiving retirement annuity from state retirement system in which he had elected to participate in lieu of the Federal Civil Service Retirement System. Despite his subsequent participation in the Federal retire- ment system and the fact that he is not entitled to an immediate annuity thereunder technician may not receive Federal severance pay under 5 U.S.C. 5595 (1970) since retirement annuity and severance pay are.innompatible and conflicting benefits. See 5 Comp. Gen. 905 (1975). By a letter dated November 12, 1976, the National Guard Bureau, Departments of the Army and the Air Force, requested our decision concerning the entitlement to Federal severance pay of Mr. John Brosky, Jr., a former National Guard technician who, at the time of his separation in lieu of reduction in force, was eli'ible for an immediate annuity under the Pennsylvania State retirement system. The: ertrd indicates that from June 16, 1955, to June 9, 1974, Mr. Broaky was employed, as a technician with the Pennsylvania Army National Ouard. Although by virtue of section 3(b) of the National Guard Techniclins Act of 1968, 32 U.S.C. 709 note (1970), Mr. Brosky had become a Federal emrployee effective January 1, 1969, he had elected on December 27, 1968, to remain a participant in the Pennsylvania State Employee's Retirement System in lieu of being covereO by the piovisions of the Federal Civil Service Retirement Act, 5 U.S.C. 8331 at seg. (1970). On June 9, 1974, Mr. Brosky was employed as a technician in the District of Columbia National Guard. At that tima, he became subject to membership in the Federal Civil Service Retirement System and retained his member- ship until August 30, 1975, when he resignd his position after having been identified for reduction in force action. Since Mr. Brosky was scparated involuntarily, he was administratively deemed entitled to $10,628.21 in severance pay benefits, and periodic .disbursements of fseverance pay were authorized. It was subsequently determintd that since June 9, 1974, Mr. Broaky was eligible for and had been receiving an annuity from the State of Pennsylvania. This fact was not known to the '4 w**4 CC).

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