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B-238189.2 1 (1991-07-26)

handle is hein.gao/gaobadnxm0001 and id is 1 raw text is: Comzitolier Of nmcml a the United States Decision Matter of: Captain Milton D. Beach, USN, Retired-- Reconsideration File: B-238189.2 Date: July 2',, 1991 DIGEST A payment characterized as a bonus made to a retired member of a uniformed service employed by the government which is awarded by raising his rate of pay temporarily must be included in computing the reduction in retired pay required by 5 U.S.C. § 5532(c) where cognizant authorities have concluded that there is no statutory authority for the payment of bonuses and the payment is treated as basic pay for other purposes. 69 Comp. Gen. 338 (1990) is overruled. DECISION This action isK.in response to a.\request from the Financial Clerk of the Senate'.for tecon'sideration of our decision Catpiin Milton:D. Beach; USN, NRitired, 69 Comp. Gen. 338 (1990). In that decision we concluded that a payment to a retired member efployed in a civilian position by the government, characterized as aNbdhus, should not be considered in com''ting the reduction'in retired pay required by 5 U.S.C. § 5532,(c). As requested, we have reconsidered the matter and have concluded that the amount paid in this case need not be considered as a bonus in view of the positi6n of the Financial Clerk,\ informally concurred in by staff members of the Senate Committee on Rules and Administration, that there is no authority to pay a bonus to an employee of the Senate. Thus, the additional pay should not be treated as a bonus for purposes of dual compensation pay cap calculations. In our original decision, we addressed the question of whether an amount of money, identified as a bonus, paid to a retired service member who is also employed at the U.S. Senate should be considered part of the employee's basic pay for purposes of calculating reductions in retired pay under the Dual Compensation Act, 5 U.S.C. § 5532.

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