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B-157469(DLG) 1 (1978-12-27)

handle is hein.gao/gaobacuol0001 and id is 1 raw text is: 

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                               WASHINGTON,  D.C. 20548

                                                         IN REPLY
.OFFICEOF GENERAL COUNSEL  December 27, 1978             RtEFERTO: B-157469 (DLG)

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         William E. Foley, Director
         Administrative Office of
           the United States Courts

         Dear Mr. Foley:

              This Office has received your letter dated February 17, 1978,
         concerning the applicability of certain aspects of the civil service
         retirement system to judges of the territorial courts of the United
         States.  Specifically, you ask whether the territorial judges may
         have their service credited toward civil service retirement in the
         event that they do not serve as judges long enough to become eligible
         for the retirement salary benefits of 28 U..S.C. § 373. In addition,
         where a territorial judge has become eligible for a civil service
         retirement annuity, you inquire whether the amount of the annuity
         should be deducted from his judicial salary.

              With respect to the first question the Civil Service Commission,
         pursuant to 5 U.S.C. § 8347, is charged with the administration of
         the subchapter governing civil service retirement and with the ad-
         judication of all claims under that subchapter.  Specifically, the
         Commission administers the provisions of 5 U.S.C. § 8332 regarding
         creditable service.  As you recognized in your letter, our Office
         has traditionally considered matters concerning creditable service
         for retirement as within the jurisdiction of the Civil Service Com-
         mission.  This position was underscored in our.statement on March 11,
         1976, before the Subcommittee on Retirement and Employee Benefits
         of the House Post Office and Civil Service Committee, on H.R. 11738,
         a bill concerning civil service ahnuity payments to judges of the
         United States.  In view of the jurisdiction of the Civil Service
         Commission with respect to entitlement to an annuity, we believe
         that it would be inappropriate for us to offer any substantive
         comment on your first question.

              With respect to the application of 5 U.S.C. § 8344--employment
         of an annuitant in an appointive or elective position--to a terri-
         torial judge, we concur with the conclusion reached by the Civil
         Service Commission, in its letter of December 2, 1977, to the General
         Counsel of the Administrative Office of the United States Courts,


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