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B-200240 1 (1981-05-05)

handle is hein.gao/gaobadjix0001 and id is 1 raw text is: DECISION / -7T4L'; ?9 ) ,. THE COMPTROLLER GENERAL OF THE UNITED STATES WASH fNrGTCON. D.C. 20546 1-7. e,,,;: cxaA M ;, FILE: B-20.0240 DATE: May 5, 1981 tplicability of the Dual Compensation MATTER OF: Act to the Head Basketball Coach, United States Military Academy) DIGEST: The test to determine whether the restrictions of the Dual Compensation Act (5 U.S.C. § 5531 et seq.) apply to the head basketball coach employed by the Army Athletic Association, United States Military Academy, a nonappro- priated fund instrumentality, is whether the coach occupies a position as defined by 5 U.S.C. § 5531(2). In light of the organi- zation and supervision of the Army Athletic Association under the Superintendent of the Academy, and the fact that the Director of Intercollegiate Athletics has the right to supervise the head basketball coach, the coach is an employee who occupies a position and is, therefore, subject to the Dual Compensation Act regardless of the fact that the terms and conditions of employment are provided by contract rather than being the general terms applicable to other employees under regulations. This action is in response to a letter dated August 29, 1980, from the Assistant Secretary of the Army (Installations, Logistics and Financial Manage- ment), requesting an advance decision regarding the applicability of the Dual Compensation Act (Act), 5 U.S.C. §§ 5531 et seq., to the head basketball coach at the United States Military Academy, West Point, New York. The issues are whether the Army Athletic Asso- ciation, which employs the coach, is a nonappropriated fund instrumentality, and if so, whether the coach occupies a position in the Government of the United States as defined by 5 U.S.C. § 5531(2) and is thereby subject to the Act. For the following reasons we con- clude the Army Athletic Association is a nonappropriated fund instrumentality and the coach does occupy a position. Therefore, the coach is subject to the Act. The Act, at 5 U.S.C. S 5532(b), provides that a retired officer of a Regular component of a uniformed service who holds a position is entitled to receive the full pay of the position, but during the period for which he receives pay, his retired or retainer pay

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