A-29048, OCTOBER 16, 1929, 9 COMP. GEN. 159

A-29048: Oct 16, 1929

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AS FOLLOWS: DECISION IS REQUESTED WHETHER PERSONS WHO HAVE BEEN PLACED UPON THE EMERGENCY OFFICERS' RETIRED LIST OF THE ARMY. THIS LAW WAS AMENDED MAY 31. OR COAST GUARD WHO HAVE BEEN RETIRED FOR INJURIES RECEIVED IN BATTLE OR FOR INJURIES OR INCAPACITY INCURRED IN LINE OF DUTY SHALL NOT. BE CONSTRUED TO HOLD OR TO HAVE HELD AN OFFICE DURING SUCH RETIREMENT. I FIND NOTHING IN THE STATUTES WHICH PROHIBITS THE EMPLOYMENT IN CIVIL POSITIONS UNDER THE FEDERAL GOVERNMENT OF FORMER OFFICERS OF THE ARMY WHO HAVE BEEN PLACED UPON THE EMERGENCY OFFICERS' RETIRED LIST. AT LEAST TO THE SAME EXTENT AS IS AUTHORIZED IN THE CASE OF OFFICERS RETIRED FROM THE REGULAR ARMY FOR INJURIES OR INCAPACITY INCURRED IN LINE OF DUTY.

A-29048, OCTOBER 16, 1929, 9 COMP. GEN. 159

COMPENSATION - DOUBLE - EMPLOYMENT OF RETIRED EMERGENCY OFFICERS EMERGENCY OFFICERS RETIRED UNDER THE PROVISION OF THE ACT OF MAY 24, 1928, 45 STAT. 735, MAY BE EMPLOYED IN THE CIVIL SERVICE OF THE FEDERAL GOVERNMENT TO THE SAME EXTENT AS OFFICERS RETIRED FROM THE REGULAR ARMY FOR INJURIES OR INCAPACITY INCURRED IN LINE OF DUTY.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF WAR, OCTOBER 16, 1929:

THERE HAS BEEN RECEIVED YOUR LETTER OF OCTOBER 3, 1929, AS FOLLOWS:

DECISION IS REQUESTED WHETHER PERSONS WHO HAVE BEEN PLACED UPON THE EMERGENCY OFFICERS' RETIRED LIST OF THE ARMY, CREATED BY THE ACT OF MAY 24, 1928 (45 STAT. 735), MAY BE EMPLOYED AND PAID COMPENSATION AS EMPLOYEES IN THE CIVIL SERVICE OF THE DEPARTMENT.

THE ACT OF JULY 31, 1894, 28 STAT. 205, PROHIBITED THE HOLDING OF A SECOND OFFICE BY ANY PERSON "WHO HOLDS AN OFFICE THE SALARY OR ANNUAL COMPENSATION ATTACHED TO WHICH AMOUNTS TO THE SUM OF $2,500," WITH THE EXCEPTION THAT IT SHOULD NOT APPLY TO RETIRED OFFICERS OF THE ARMY OR NAVY WHENEVER THEY MAY BE ELECTED TO PUBLIC OFFICE OR WHENEVER THE PRESIDENT SHALL APPOINT THEM TO OFFICE BY AND WITH THE ADVICE AND CONSENT OF THE SENATE. THIS LAW WAS AMENDED MAY 31, 1924, 43 STAT. 245, BY ADDING AT THE END THEREOF THE FOLLOWING SENTENCE:

RETIRED ENLISTED MEN OF THE ARMY, NAVY, MARINE CORPS, OR COAST GUARD RETIRED FOR FOR ANY CAUSE, AND RETIRED OFFICERS OF THE ARMY, NAVY, MARINE CORPS, OR COAST GUARD WHO HAVE BEEN RETIRED FOR INJURIES RECEIVED IN BATTLE OR FOR INJURIES OR INCAPACITY INCURRED IN LINE OF DUTY SHALL NOT, WITHIN THE MEANING OF THIS SECTION, BE CONSTRUED TO HOLD OR TO HAVE HELD AN OFFICE DURING SUCH RETIREMENT.

THE ACT OF AUGUST 29, 1916, 39 STAT. 582, AMENDING SECTION 6 OF THE ACT OF MAY 10, 1916, 39 STAT. 120, PROHIBITING THE USE OF APPROPRIATED FUNDS FOR PAYMENT OF SALARY TO ANY PERSON RECEIVING MORE THAN ONE SALARY WHEN THE COMBINED AMOUNTS OF THE PLURAL SALARIES EXCEEDED THE SUM OF $2000 PER ANNUM, CONTAINED A PROVISION THAT "THIS SHALL NOT APPLY TO RETIRED OFFICERS OR ENLISTED MEN OF THE ARMY, NAVY, MARINE CORPS OR COAST GUARD.'

I FIND NOTHING IN THE STATUTES WHICH PROHIBITS THE EMPLOYMENT IN CIVIL POSITIONS UNDER THE FEDERAL GOVERNMENT OF FORMER OFFICERS OF THE ARMY WHO HAVE BEEN PLACED UPON THE EMERGENCY OFFICERS' RETIRED LIST, AT LEAST TO THE SAME EXTENT AS IS AUTHORIZED IN THE CASE OF OFFICERS RETIRED FROM THE REGULAR ARMY FOR INJURIES OR INCAPACITY INCURRED IN LINE OF DUTY. AND SEE ANSWER TO QUESTION I, 8 COMP. GEN. 423, 433.