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B-237783 1 (1990-10-01)

handle is hein.gao/gaobadnun0001 and id is 1 raw text is: Comptroller General of the United States Washlng n, D.C. 20548 Decision MATTER OF: Reservists and National Guard Members - Military Leave - Salary Offset FILE: B-237783 DATE: October 1, 1990 DIGEST Where a statute 3pecifically refers by section number to another statute, they are interpreted as of the time of adoption, without subsequent amendments, in the absence of a contrary legislative intent. Therefore, under the current code, the salary offset provision in 5 U.S.C. § 5519 (1988) applies to amounts received by reservists and national guardsmen while on military leave to enforce the law under 5 U.S.C. § 6323(b) (1988), but salary offset does not apply to leave under 5 U.S.C. § 6323(c) (1988) for District of Columbia National Guardsmen ordered or authorized to serve in parades or encampments even though section 5519 literally refers to section 6323(c). DECISION Federal employees who are members of the Reserves of the Uniformed Services or members of the National Guard have long been entitled to specified periods of leave from their. civilian employment when called to active duty for training and for certain other kinds of active duty. While on such leave they are entitled to both their military pay and their civilian salary without offset or reduction. In 1968 a statute was enacted to provide federal employees an additional 22 days of military leave if they are called to active duty to provide aid to enforce the law. For this type of military leave, however, a setoff of military pay was required against the person's civilian pay for the period of leave. Subsequently, the military leave statute, 5 U.S.C. § 6323 (1988), was amended on several occasions, without conforming amendments to the statute providing the salary offset, 5 U.S.C. § 5519 (1988). Thus, reading the current statutes literally it appears that the setoff applies only to military leave for service of District of Columbia National Guardsmen on duty for parades and encampments and not to leave for aid in law enforcement. Thus, the question arises c: - 1n c(0;It// 233 5.4

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