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B-191750 1 (1978-05-26)

handle is hein.gao/gaobadtpr0001 and id is 1 raw text is: ICE OF GENERAL COUNSEL UNITED STATES GENERAL ACCOUNTING OFFICE WASHINGTON, D.C. 20548 PjL A i IN REPY. -91750 REFER TO: 1(fAIx 2 6 1976 Dear Reference is made to your letter of April 13, 1978, with enclosures, in which you request our comments and views regard- ing the applicability of Comptroller General's decision 52 Comp. Gen. 429 (1973) to your right to withdraw waiver of your retired pay when your military service was used for Civil Service retire- ment computation purposes. The material enclosed with your letter indicates that in June 1976, when you were approximately 60-1/2 years old, you retired from the Federal Civil Service. At that time you apparently had 20 years and 8 months military service for which you had Keen receiving retired pay, *which you combined with 17-1/2 years of civil service time for annuity purposes and waived receipt of military retired pay. You indicate that before you retired from the Civil Service you sought informatioL as to whether, in the event you waived receipt of military retired pay for Civil Service annuity purposes you could withdraw waiver at age 62 and receive an annuity based only on your civil service employment. You indicate that based on an affirmative answer by the Civilian Personnel Office where you were employed and an article which you read in the Air Force Times, you executed the waiver of retired pay and retired from the Federal Civil Service with an immediate annuity. You indicate further that upon reaching age 62 you attempted to withdraw your waiver since it appeared to be to your advantage to do so. However, it is indicated that the Civil Service Commission informed you that you. could not do so. Further, a similar response was received from the Department of the Air Force, based upon our decision 52 Comp. Gen. 429, supra. You now question the applicability of that decision since you assert that you sought out the best possible reliable advice from . . .. . ......................... .. . . .

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