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B-238189 1 (1990-03-22)

handle is hein.gao/gaobadnsd0001 and id is 1 raw text is: -I I~ 7W camt~f General atte Unied Stele W W-014 Decision Captain Milton D. Beach, USN, Retired - Mauero0 Dual Compensation File: B-238189 DMarch 22, 1990 DIGEST A bonus received by a retired member employed in a civilian position with the government should not be considered in computing the reduction in retired pay required by 5 U.S.C. S 5532(c) when an individual's combined retired pay and pay for the civilian position exceeds level V of the Executive Schedule as a result of the bonus, since the statute refers to the basic pay of the position. DECISION Captain Milton D. Beach, USN, retired, has submitted a claim for amounts of retired pay withheld under the provisions of 5 U.S.C. S 5532(c) for periods when his retired pay when combined with his pay for a civilian position with government exceeded the pay for level V of the Executive Schedule. For the following reasons, the claim is allowed. BACKGROUND Captain Beach is a retired regular Naval officer and is employed by the United States Senate. As such he is subject to the provisions of the Dual Compensation Act, 5 U.S.C. 5 5532 which requires a reduction in the retired pay of regular retired officers who are employed in a civilian position with the government. It also requires an addi- tional reduction in retired pay when an individual's annual retired pay as reduced combined with the pay of his civilian position exceeds level V of the Executive Schedule. This reduction is implemented on the basis of civilian pay periods. Captain Beach's reduced retired pay when combined with his normal salary ordinarily does not exceed level V of the

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