A-51440, NOVEMBER 11, 1933, 13 COMP. GEN. 133

A-51440: Nov 11, 1933

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IS TEMPORARILY REEMPLOYED BY THE UNITED STATES. IS INVOLUNTARILY SEPARATED FROM THE SERVICE FOR REASONS OTHER THAN HIS MISCONDUCT. THAT WHEN AN ANNUITANT HEREUNDER ATTAINS THE AGE WHICH WOULD HAVE BEEN THE RETIREMENT AGE PRESCRIBED FOR AUTOMATIC SEPARATION FROM THE SERVICE APPLICABLE TO SUCH ANNUITANT HAD HE CONTINUED IN THE SERVICE TO SUCH RETIREMENT AGE. IF AND WHEN ANY SUCH ANNUITANT SHALL BE REEMPLOYED IN THE SERVICE OF THE DISTRICT OF COLUMBIA OR THE UNITED STATES (INCLUDING ANY CORPORATION THE MAJORITY OF THE STOCK OF WHICH IS OWNED BY THE UNITED STATES). THAT OFFICERS OR EMPLOYEES RETIRED UNDER THE PROVISIONS OF THE ABOVE SECTION ARE ELIGIBLE FOR APPOINTMENT OR EMPLOYMENT. IS REEMPLOYED TEMPORARILY BY THE UNITED STATES.

A-51440, NOVEMBER 11, 1933, 13 COMP. GEN. 133

RETIREMENT - REEMPLOYMENT IF AN ANNUITANT, RETIRED PURSUANT TO SECTION 8 (A) OF THE ACT OF JUNE 16, 1933, 48 STAT. 305, BECAUSE INVOLUNTARILY SEPARATED AFTER HAVING SERVED AT LEAST THIRTY YEARS, IS TEMPORARILY REEMPLOYED BY THE UNITED STATES, HE WOULD AGAIN BE ELIGIBLE FOR AN ANNUITY UNDER THE SAME STATUTE AT THE EXPIRATION OF THE TEMPORARY APPOINTMENT, OR SHOULD HIS TEMPORARY SERVICE BE DISCONTINUED, PRIOR TO JULY 1, 1935, BUT NOT IF HE VOLUNTARILY SEPARATES FROM THE TEMPORARY SERVICE.

ACTING COMPTROLLER GENERAL GOLZE TO THE ADMINISTRATOR OF VETERANS' AFFAIRS, NOVEMBER 11, 1933:

THERE HAS BEEN RECEIVED YOUR LETTER OF OCTOBER 11, 1933, AS FOLLOWS:

THE SPECIAL THIRTY-YEAR RETIREMENT PROVISION OF THE INDEPENDENT OFFICES APPROPRIATION ACT, 1934, READS:

"SEC. 8 (A). WHENEVER AT ANY TIME HEREAFTER PRIOR TO JULY 1, 1935, ANY EMPLOYEE OF THE UNITED STATES OR THE DISTRICT OF COLUMBIA TO WHOM THE CIVIL SERVICE RETIREMENT ACT, APPROVED MAY 29, 1930, (U.S.C., SUPP. VI,TITLE 5, CHAP. 14), APPLIES, WHO HAS AN AGGREGATE PERIOD OF SERVICE OF AT LEAST THIRTY YEARS COMPUTED AS PRESCRIBED IN SECTION 5 OF SUCH ACT, IS INVOLUNTARILY SEPARATED FROM THE SERVICE FOR REASONS OTHER THAN HIS MISCONDUCT, SUCH EMPLOYEE SHALL BE ENTITLED TO AN ANNUITY COMPUTED AS PROVIDED IN SECTION 4 OF SUCH ACT PAYABLE FROM THE CIVIL SERVICE RETIREMENT AND DISABILITY FUND LESS A SUM EQUAL TO 3 1/2 PERCENTUM OF SUCH ANNUITY: PROVIDED, THAT WHEN AN ANNUITANT HEREUNDER ATTAINS THE AGE WHICH WOULD HAVE BEEN THE RETIREMENT AGE PRESCRIBED FOR AUTOMATIC SEPARATION FROM THE SERVICE APPLICABLE TO SUCH ANNUITANT HAD HE CONTINUED IN THE SERVICE TO SUCH RETIREMENT AGE, SUCH DEDUCTION FROM THE ANNUITY SHALL CEASE. IF AND WHEN ANY SUCH ANNUITANT SHALL BE REEMPLOYED IN THE SERVICE OF THE DISTRICT OF COLUMBIA OR THE UNITED STATES (INCLUDING ANY CORPORATION THE MAJORITY OF THE STOCK OF WHICH IS OWNED BY THE UNITED STATES), THE RIGHT TO THE ANNUITY PROVIDED BY THIS SECTION SHALL CEASE AND THE SUBSEQUENT ANNUITY RIGHTS OF SUCH PERSON SHALL BE DETERMINED IN ACCORDANCE WITH THE APPLICABLE PROVISIONS OF RETIREMENT LAW EXISTING AT THE TIME OF THE SUBSEQUENT SEPARATION OF SUCH PERSON FROM THE SERVICE.'

IN A DECISION OF AUGUST 23, 1933, A-50660, YOU ADVISED THE ADMINISTRATOR, NATIONAL RECOVERY ADMINISTRATION, THAT OFFICERS OR EMPLOYEES RETIRED UNDER THE PROVISIONS OF THE ABOVE SECTION ARE ELIGIBLE FOR APPOINTMENT OR EMPLOYMENT, BUT PURSUANT TO THE LAST SENTENCE OF SAID SECTION THEIR RETIREMENT ANNUITY WOULD AUTOMATICALLY CEASE UPON SUCH APPOINTMENT OR EMPLOYMENT, AND THAT THE RETIREMENT STATUS OF SUCH REEMPLOYED RETIRED PERSONNEL UPON SUBSEQUENT SEPARATION FROM THE SERVICE WOULD BE A MATTER PRIMARILY FOR THE CONSIDERATION OF THIS ADMINISTRATION.

IT HAS BEEN ASKED, IF AN ANNUITANT UNDER SECTION 8 (A) OF THE INDEPENDENT OFFICES APPROPRIATION ACT, 1934, IS REEMPLOYED TEMPORARILY BY THE UNITED STATES, WHETHER HE WOULD AGAIN BE ELIGIBLE FOR AN ANNUITY UNDER THIS SECTION AT THE EXPIRATION OF A TEMPORARY APPOINTMENT EXPIRING PRIOR TO JULY 1, 1935.

IT HAS ALSO BEEN ASKED WHETHER A TEMPORARY EMPLOYEE WOULD AGAIN BECOME ELIGIBLE FOR AN ANNUITY UNDER THE ABOVE SECTION 8 (A) SHOULD HIS SERVICES BE DISCONTINUED BEFORE THE EXPIRATION OF A TEMPORARY APPOINTMENT AND PRIOR TO JULY 1, 1935.

I SHALL APPRECIATE AN EARLY DECISION ON THESE QUESTIONS.

SECTION 8 (A) OF THE ACT OF JUNE 16, 1933, GRANTS EMPLOYEES WITH 30 YEARS' SERVICE INVOLUNTARILY SEPARATED FROM THE SERVICE, A RIGHT TO AN ANNUITY SUBJECT TO CERTAIN CONDITIONS, THE PRIMARY ONE BEING THE CONTINUANCE OF RETIREMENT DEDUCTIONS FROM THE ANNUITY. THE PROVISO STATES THAT WHEN THE EMPLOYEE ATTAINS THE AGE FOR AUTOMATIC SEPARATION, THE RETIREMENT DEDUCTIONS FROM THE ANNUITY SHALL CEASE; AND, ALSO, STATES TWO CONDITIONS WITH RESPECT TO REEMPLOYMENT, (1) THAT UPON REEMPLOYMENT "THE RIGHT TO ANNUITY PROVIDED BY THIS SECTION SHALL CEASE," AND (2) THAT "THE SUBSEQUENT ANNUITY RIGHTS OF SUCH PERSON SHALL BE DETERMINED IN ACCORDANCE WITH THE APPLICABLE PROVISIONS OF RETIREMENT LAW EXISTING AT THE TIME OF THE SUBSEQUENT SEPARATION OF SUCH PERSON FROM THE SERVICE.'

THEREFORE, IF AN EMPLOYEE IS TEMPORARILY REEMPLOYED WHILE IN A RETIREMENT STATUS ACQUIRED UNDER SECTION 8 (A) OF THE ACT OF JUNE 16, 1933, HIS RIGHT TO RECEIVE ANNUITY MUST CEASE AND THE SECOND CONDITION OF THE PROVISO ATTACHES, THAT IS, IF AND WHEN THE EMPLOYEE SHOULD, WHILE SO SERVING, ATTAIN THE AGE FOR AUTOMATIC SEPARATION FROM THE SERVICE HE WOULD BE SO SEPARATED AND ENTITLED TO ANNUITY UNDER THE PROVISIONS OF THE REGULAR RETIREMENT ACT. BUT IF THE EMPLOYEE SHOULD BE INVOLUNTARILY SEPARATED FROM THE SERVICE IN WHICH HE HAD BEEN SO REEMPLOYED BEFORE ATTAINING THE AGE FOR AUTOMATIC OR OPTIONAL RETIREMENT AND PRIOR TO JULY 1, 1935, HE WOULD AGAIN BECOME ENTITLED TO THE ANNUITY AUTHORIZED UNDER THE SAID SECTION 8 (A) OF THE ACT OF JUNE 16, 1933. IF, HOWEVER, HE SHOULD BE VOLUNTARILY SEPARATED FROM THE SERVICE IN WHICH REEMPLOYED BEFORE ATTAINING THE AGE FOR OPTIONAL RETIREMENT HE WOULD NOT THEREUPON BECOME ENTITLED TO A RESUMPTION OF ANNUITY PAYMENTS.

THE EXPIRATION OF THE PERIOD FOR WHICH A TEMPORARY APPOINTMENT WAS MADE WOULD CONSTITUTE AN INVOLUNTARY SEPARATION WITHIN THE MEANING OF SECTION 8 (A) OF THE ACT OF JUNE 16, 1933, AND SECTION 7 OF THE ACT OF MAY 29, 1930, 46 STAT. 474.