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B-212046 1 (1984-01-23)

handle is hein.gao/gaobadlmu0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION .-oF THE UNITEO STATES WA*HINOTON. 0.C. 20541 PILE: B-212046 DATE: January 23, 1984 MATTER OF: Cooperative Employees, Extension Service, Department of Agriculture - Deduction of Retired or Retainer Pay DIGEST: 1. With certain exceptions, Federal law, now codified as 5 U.S.C. S 5532 note (1982), requires that if members or former members of a uniformed service during any period in fiscal year 1983, 1984, or 1985 receive retired retainer pay, and hold a civilian position as defined therein, then deductions, equal to the amount of any increases in retired or retainer pay, be made from the pay for their Federal civil- ian positions. The State Agricultural Extension Service employees involved are within the definition of civilian position since they hold a joint Federal-State appointment by authority of the Smith-Lever Act and Office of Personnel Management regulations. 2. No salary deductions can properly be made even though the employees involved here hold a civilian posi- tion, since they serve as agents without compensation, do not receive any pay from Federal funds for their civilian positions, and the funds under the Smith-Lever Act from which they are paid are considered funds of the grantee involved. This decision is in response to a request from Mary Nell Greenwood, Administrator, Extension Service, Science and Education Administration, Department of Agriculture. The issue presented is whether Federal law requires that deductions equal to the amount of any increases in retired or retainer pay be made from the Federal civilian pay of certain members or former members of a uniformed service who, (1) during any period in fiscal ()D- od U4

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