B-141989, MAY 17, 1963

B-141989: May 17, 1963

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TO THE SECRETARY OF DEFENSE: REFERENCE IS MADE TO DECISION DATED APRIL 2. WAS APPLICABLE TO RETIRED ARMY OF THE UNITED STATES WARRANT OFFICERS UNLESS THEY WERE SPECIFICALLY EXEMPTED AND THAT. THE EMPLOYMENT OF SUCH RETIRED WARRANT OFFICERS BY THE GOVERNMENT WAS PROHIBITED. WE HAVE HAD SEVERAL INQUIRIES CONCERNING THE EFFECT OF THAT DECISION. INSOFAR AS PERSONS PRESENTLY EMPLOYED ARE CONCERNED. IT IS NOTED THAT A BILL. WAS INTRODUCED ON MAY 14. WITH THE UNDERSTANDING THAT FUTURE AS WELL AS PAST SALARY PAYMENTS ARE NOT LEGAL UNDER THE PRESENT LAW AND WILL BE SUBJECT TO COLLECTION IF LEGISLATIVE RELIEF IS NOT ENACTED. THIS OFFICE WILL NOT OBJECT TO A CONTINUATION OF EMPLOYMENT AND SALARY PAYMENTS CONTRARY TO THE HOLDING IN THE DECISION OF APRIL 2.

B-141989, MAY 17, 1963

TO THE SECRETARY OF DEFENSE:

REFERENCE IS MADE TO DECISION DATED APRIL 2, 1963, B-141989, TO THE SECRETARY OF THE ARMY, WHICH CONCLUDED THAT SECTION 2 OF THE ACT OF JULY 31, 1894, CH. 174, 28 STAT. 205, AS AMENDED, 5 U.S.C. 62, WAS APPLICABLE TO RETIRED ARMY OF THE UNITED STATES WARRANT OFFICERS UNLESS THEY WERE SPECIFICALLY EXEMPTED AND THAT, THEREFORE, THE EMPLOYMENT OF SUCH RETIRED WARRANT OFFICERS BY THE GOVERNMENT WAS PROHIBITED.

WE HAVE HAD SEVERAL INQUIRIES CONCERNING THE EFFECT OF THAT DECISION, INSOFAR AS PERSONS PRESENTLY EMPLOYED ARE CONCERNED, AND IT IS NOTED THAT A BILL, H.R. 6304, 88TH CONG., 1ST SESS., WHICH WOULD RETROACTIVELY EXEMPT THE RETIRED WARRANT OFFICERS INVOLVED FROM THE RESTRICTIONS OF THE 1894 ACT, WAS INTRODUCED ON MAY 14, 1963, AND REFERRED TO THE COMMITTEE ON ARMED SERVICES, HOUSE OF REPRESENTATIVES. WHILE THIS OFFICE HAS NO AUTHORITY TO ALTER BY DECISION THE STATUS OF SUCH EMPLOYMENT OR TO MAKE FUTURE SALARY PAYMENTS LEGAL, IT DOES NOT APPEAR, CONSIDERING THE HARDSHIPS BOTH TO THE EMPLOYEE AND TO THE GOVERNMENT, THAT THE TERMINATION OF THE EMPLOYMENT OF ALL PERSONS AFFECTED BY THE DECISION OF APRIL 2, 1963, WITHOUT FIRST PERMITTING AN OPPORTUNITY FOR LEGISLATIVE RELIEF, WOULD BE IN THE BEST INTERESTS OF THE GOVERNMENT. WITH THE UNDERSTANDING THAT FUTURE AS WELL AS PAST SALARY PAYMENTS ARE NOT LEGAL UNDER THE PRESENT LAW AND WILL BE SUBJECT TO COLLECTION IF LEGISLATIVE RELIEF IS NOT ENACTED, THIS OFFICE WILL NOT OBJECT TO A CONTINUATION OF EMPLOYMENT AND SALARY PAYMENTS CONTRARY TO THE HOLDING IN THE DECISION OF APRIL 2, 1963, UNTIL THE END OF THE CURRENT SESSION OF THE CONGRESS. IF LEGISLATION MAKING THE 1894 ACT INAPPLICABLE TO THE WARRANT OFFICERS INVOLVED IS NOT ENACTED DURING THE FIRST SESSION OF THE 88TH CONGRESS, IT WILL BE INCUMBENT UPON ALL DEPARTMENTS AND AGENCIES EMPLOYING THEM IN CIVILIAN POSITIONS WITHIN THE SCOPE OF THAT ACT TO TERMINATE THEIR CIVILIAN EMPLOYMENT AT OR ABOUT THE TIME SUCH SESSION ENDS.

Nov 22, 2017

Nov 21, 2017

  • A-P-T Research, Inc.
    We deny the protest in part and dismiss the protest in part.
    B-414825,B-414825.2

Nov 20, 2017

Nov 16, 2017

  • HBI-GF, JV
    We deny the protest.
    B-415036
  • Epsilon Systems Solutions, Inc.
    We dismiss the protest because it raises a matter of contract administration over which we do not exercise jurisdiction.
    B-414410.4

Nov 15, 2017

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