A-73799, JUNE 16, 1936, 15 COMP. GEN. 1099

A-73799: Jun 16, 1936

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ARE NOT CIVILIAN MEMBERS OF THE TEACHING STAFF OF SAID ACADEMY WITHIN THE MEANING OF THE ACT OF JANUARY 16. ARE EMPLOYED. COOK WAS ORIGINALLY EMPLOYED AS INSTRUCTOR AT THE NAVAL ACADEMY. WAS PROMOTED TO ASSISTANT PROFESSOR. ENSIGN SEWELL WAS ORIGINALLY EMPLOYED AS INSTRUCTOR AT THE NAVAL ACADEMY ON JULY 1. WHICH EMPLOYMENT WAS TERMINATED ON JUNE 28. HE WAS SUBSEQUENTLY REEMPLOYED AS INSTRUCTOR. COOK AND ENSIGN SEWELL WERE TRANSFERRED TO THE RETIRED LIST OF THE NAVY FOR PHYSICAL DISABILITY AS OF JUNE 26. IN THIS CONNECTION YOUR DECISION IS REQUESTED AS TO WHETHER THE PAY ACCOUNTS OF THESE EMPLOYEES MAY LEGALLY BE CREDITED MONTHLY FROM SUCH APPROPRIATIONS AS HEREAFTER MAY BE MADE AVAILABLE FOR THAT PURPOSE WITH AN ADDITIONAL SUM EQUIVALENT TO 5 PERCENTUM OF THEIR MONTHLY BASIC SALARY FOR EACH MONTH AN ALLOTMENT IS REGISTERED FROM THEIR PAY.

A-73799, JUNE 16, 1936, 15 COMP. GEN. 1099

RETIREMENT ANNUITIES - RETIRED NAVAL OFFICERS APPOINTED AS NAVAL ACADEMY TEACHERS - ACT, JANUARY 16, 1936 NAVY OFFICERS RETIRED FOR PHYSICAL DISABILITY AND ENTITLED TO RETIRED PAY, APPOINTED IN A CIVILIAN CAPACITY AS PROFESSOR OR INSTRUCTOR AT THE NAVAL ACADEMY, ARE NOT CIVILIAN MEMBERS OF THE TEACHING STAFF OF SAID ACADEMY WITHIN THE MEANING OF THE ACT OF JANUARY 16, 1936 (49 STAT. 1092), PROVIDING FOR GOVERNMENT AID IN THE PURCHASE OF RETIREMENT ANNUITIES.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE NAVY, JUNE 16, 1936:

THERE HAS BEEN RECEIVED YOUR LETTER OF APRIL 10, 1936, REQUESTING DECISION, AS FOLLOWS:

AT THE PRESENT TIME LIEUTENANT (JR.GR.) ALLEN B. COOK, U.S. NAVY, RETIRED, AND ENSIGN WILLIAM H. SEWELL, U.S. NAVY, RETIRED, ARE EMPLOYED, UNDER CONTRACT, AS CIVILIAN MEMBERS OF THE TEACHING STAFF OF THE U.S. NAVAL ACADEMY.

LIEUTENANT (JR.GR.) COOK WAS ORIGINALLY EMPLOYED AS INSTRUCTOR AT THE NAVAL ACADEMY, EFFECTIVE JULY 1, 1929, AND WAS PROMOTED TO ASSISTANT PROFESSOR, EFFECTIVE JULY 17, 1935, FOR A PERIOD OF THREE YEARS UNLESS SOONER TERMINATED BY THE SECRETARY OF THE NAVY, WHICH POSITION HE NOW HOLDS. ENSIGN SEWELL WAS ORIGINALLY EMPLOYED AS INSTRUCTOR AT THE NAVAL ACADEMY ON JULY 1, 1929, WHICH EMPLOYMENT WAS TERMINATED ON JUNE 28, 1933. HE WAS SUBSEQUENTLY REEMPLOYED AS INSTRUCTOR, EFFECTIVE AUGUST 16, 1935, FOR A PERIOD OF ONE YEAR UNLESS SOONER TERMINATED BY THE SECRETARY OF THE NAVY, WHICH POSITION HE NOW HOLDS.

LIEUTENANT (JR.GR.) COOK AND ENSIGN SEWELL WERE TRANSFERRED TO THE RETIRED LIST OF THE NAVY FOR PHYSICAL DISABILITY AS OF JUNE 26, 1926, AND NOVEMBER 4, 1922, RESPECTIVELY.

BOTH OF THE ABOVE-NAMED EMPLOYEES SUBMITTED APPLICATIONS TO THE SECRETARY OF THE NAVY FOR PERMISSION TO PARTICIPATE IN THE BENEFITS PROVIDED UNDER SECTIONS 1 AND 2 OF THE ACT APPROVED JANUARY 16, 1936 (PUB., NO. 417, 74TH CONGRESS), ENTITLED "AN ACT TO PROVIDE FOR THE RETIREMENT AND RETIREMENT ANNUITIES OF CIVILIAN MEMBERS OF THE TEACHING STAFFS AT THE UNITED STATES NAVAL ACADEMY AND THE POSTGRADUATE SCHOOL, UNITED STATES NAVAL ACADEMY.' IN THIS CONNECTION YOUR DECISION IS REQUESTED AS TO WHETHER THE PAY ACCOUNTS OF THESE EMPLOYEES MAY LEGALLY BE CREDITED MONTHLY FROM SUCH APPROPRIATIONS AS HEREAFTER MAY BE MADE AVAILABLE FOR THAT PURPOSE WITH AN ADDITIONAL SUM EQUIVALENT TO 5 PERCENTUM OF THEIR MONTHLY BASIC SALARY FOR EACH MONTH AN ALLOTMENT IS REGISTERED FROM THEIR PAY, AS REQUIRED BY THE PROVISIONS OF SECTION 2 OF THE CITED ACT OF JANUARY 16, 1936.

THE FURTHER QUESTION HAS BEEN RAISED BY THE SUPPLY OFFICER, U.S. NAVAL ACADEMY, ANNAPOLIS, MD., AS TO WHETHER THE TWO EMPLOYEES ABOVE NAMED WILL BE ENTITLED TO THE RETIREMENT PAY OF THEIR NAVAL RANK IN ADDITION TO THE ANNUITIES PROVIDED BY THE SAID ACT OF JANUARY 16, 1936, IN THE EVENT THEY SHOULD BE RETIRED FROM THE TEACHING STAFF OF THE NAVAL ACADEMY FOR PHYSICAL INCAPACITY. SHOULD THESE TWO EMPLOYEES EVENTUALLY BE RETIRED FOR PHYSICAL DISABILITY THE GOVERNMENT WILL BE REQUIRED, UNDER THE TERMS OF SECTION 4 OF THE CITED ACT TO CONTRIBUTE AN AMOUNT WHICH, WHEN ADDED TO THE AMOUNT PAYABLE BY THE INSURANCE COMPANY, WILL EQUAL THE SUM OF $1,200 PER ANNUM OR A SUM NOT EXCEEDING $1,200 WHICH WOULD HAVE BEEN DUE THESE EMPLOYEES HAD THE PROVISIONS OF THIS ACT BEEN IN EFFECT ON THE DATE OF THEIR ORIGINAL EMPLOYMENT. AN EXPRESSION OF YOUR VIEWS AT THIS TIME ON THE QUESTION THUS RAISED IS REQUESTED.

THE ACT OF JANUARY 16, 1936 (49 STAT. 1092), PROVIDES GOVERNMENT AID IN THE PURCHASE OF RETIREMENT ANNUITIES BY CIVILIAN MEMBERS OF THE TEACHING STAFFS AT THE UNITED STATES NAVAL ACADEMY AND POSTGRADUATE SCHOOL, UNITED STATES NAVAL ACADEMY, AS FOLLOWS:

THAT CIVILIAN MEMBERS OF THE TEACHING STAFFS OF THE UNITED STATES NAVAL ACADEMY AND POSTGRADUATE SCHOOL, WHOSE EMPLOYMENT COMMENCES FROM AND AFTER THE DATE OF APPROVAL OF THIS ACT, SHALL, AS A PART OF THEIR CONTRACTS OF EMPLOYMENT, BE REQUIRED TO CARRY, DURING SUCH EMPLOYMENT, A DEFERRED ANNUITY POLICY, HAVING NO CASH SURRENDER OR LOAN PROVISION, FROM A JOINT- STOCK LIFE INSURANCE CORPORATION, INCORPORATED UNDER THE LAWS OF ANY STATE OF THE UNITED STATES, WHICH HAS A CHARTER RESTRICTION THAT ITS BUSINESS MUST BE CONDUCTED WITHOUT PROFIT TO ITS STOCKHOLDERS.

SEC. 2. TOWARD THE PURCHASE OF SAID DEFERRED ANNUITY, EACH MEMBER OF SUCH TEACHING STAFFS SHALL BE REQUIRED TO REGISTER A MONTHLY ALLOTMENT THROUGH THE NAVY ALLOTMENT OFFICE, NAVY DEPARTMENT, WASHINGTON, DISTRICT OF COLUMBIA, EQUIVALENT IN AMOUNT TO 10 PERCENTUM OF HIS MONTHLY BASIC SALARY: PROVIDED, THAT FOR EACH MONTH SUCH ALLOTMENT IS REGISTERED, THE PAY ACCOUNTS OF SUCH MEMBER SHALL BE CREDITED MONTHLY FROM SUCH APPROPRIATIONS AS MAY BE MADE FOR THIS PURPOSE WITH AN ADDITIONAL SUM EQUIVALENT TO 5 PERCENTUM OF HIS MONTHLY BASIC SALARY.

SEC. 3. THE RETIRING AGE FOR ALL CIVILIAN MEMBERS OF THE TEACHING STAFFS SET FORTH IN THIS ACT SHALL BE THE 30TH DAY OF JUNE FOLLOWING THEIR SIXTY- FIFTH BIRTHDAY, OR ANY DATE BETWEEN THEIR SIXTY-FIFTH BIRTHDAY AND THE FOLLOWING 30TH DAY OF JUNE UPON WHICH THEIR EMPLOYMENT MAY BE TERMINATED: PROVIDED, THAT IN THE DISCRETION OF THE SECRETARY OF THE NAVY, SUCH RETIRING AGE MAY BE EXTENDED TO NOT BEYOND THE SEVENTIETH BIRTHDAY IN INDIVIDUAL AND SPECIAL CASES.

SEC. 4. CIVILIAN MEMBERS OF THE TEACHING STAFFS OF THE NAVAL ACADEMY AND POSTGRADUATE SCHOOL, WHO ARE SO EMPLOYED ON THE DATE OF APPROVAL OF THIS ACT, MAY, AT THEIR OWN REQUEST, IF MADE WITHIN SIXTY DAYS THEREAFTER TO THE SECRETARY OF THE NAVY, PARTICIPATE IN THE BENEFITS UNDER THE PROVISIONS OF SECTIONS 1 AND 2 OF THIS ACT. EACH SUCH MEMBER OF THE TEACHING STAFFS WHO SO PARTICIPATES AND WHO, UPON REACHING THE DATE OF RETIREMENT AS SET FORTH IN SECTION 3 OF THIS ACT HAS AN INSUFFICIENT ACCUMULATION OF PREMIUM PAYMENTS TO HIS CREDIT TO HAVE PURCHASED FOR HIM AN ANNUITY OF $1,200 PER ANNUM, SHALL BE PAID BY THE SECRETARY OF THE NAVY FROM SUCH APPROPRIATIONS AS MAY BE MADE FOR SUCH PURPOSE SUCH AMOUNTS THAT, TOGETHER WITH HIS PURCHASED ANNUITY, WILL MAKE HIS TOTAL ANNUITY $1,200 PER ANNUM. EACH SUCH MEMBER OF THE TEACHING STAFFS, WHO SO PARTICIPATE AND WHO IS FORCED TO RETIRE FOR PHYSICAL INCAPACITY PRIOR TO HIS REACHING THE PRESCRIBED RETIREMENT AGE, SHALL BE PAID BY THE SECRETARY OF THE NAVY, FROM SUCH APPROPRIATIONS AS MAY BE MADE FOR SUCH PURPOSE, SUCH AMOUNTS WHICH TOGETHER WITH HIS PURCHASED ANNUITY, WILL MAKE HIS TOTAL ANNUITY EQUIVALENT TO AN AMOUNT, NOT EXCEEDING $1,200 PER ANNUM, WHICH WOULD HAVE BEEN DUE HIM HAD THE PROVISIONS OF THIS ACT BEEN IN EFFECT ON THE DATE OF HIS ORIGINAL EMPLOYMENT: PROVIDED, THAT EACH SUCH MEMBER OF THE TEACHING STAFFS WHO IS SO EMPLOYED ON THE DATE OF APPROVAL OF THIS ACT AND WHO IS ENTITLED TO RETIREMENT AND RETIREMENT BENEFITS UNDER THE PROVISIONS OF THE CIVIL SERVICE RETIREMENT ACT OF 1920, AS AMENDED, MAY ELECT TO CONTINUE THEREUNDER, OR HE MAY ELECT TO PARTICIPATE IN THE BENEFITS UNDER THE PROVISIONS OF THIS SECTION; BUT IN THE EVENT THAT HE ELECTS TO PARTICIPATE IN THE BENEFITS UNDER THE PROVISIONS OF THIS SECTION, NO FURTHER DEDUCTIONS SHALL BE MADE FROM HIS PAY FOR CREDIT TO THE CIVIL-SERVICE RETIREMENT FUND, AND THE CIVIL SERVICE COMMISSION SHALL CLOSE HIS ACCOUNT WITH SUCH FUND UNDER THE SAME PROVISIONS AS THOUGH HE VOLUNTARILY SEPARATED HIMSELF FROM THE FEDERAL SERVICE, EXCEPT THAT THE AMOUNT OF SUCH CREDIT WILL BE RETAINED IN THE CIVIL-SERVICE RETIREMENT FUND AND REMAIN SUBJECT TO CLAIM BY, AND PAYMENT TO, HIM, HIS BENEFICIARY, OR HIS ESTATE ONLY IN THE EVENT OF HIS SEPARATION FROM THE FEDERAL SERVICE BY DEATH OR OTHERWISE BEFORE RETIREMENT UNDER THE PROVISIONS OF THIS ACT, AND THEN ONLY IN THE AMOUNT BY WHICH SUCH CREDIT EXCEEDS THE TOTAL AMOUNT OF 5 PERCENTUM OF HIS BASIC SALARY WHICH MAY HAVE BEEN CREDITED TO HIS MONTHLY PAY ACCOUNTS UNDER THE PROVISIONS OF SECTION 2 OF THIS ACT.

SEC. 5. CIVILIAN MEMBERS OF THE TEACHING STAFFS OF THE NAVAL ACADEMY AND POSTGRADUATE SCHOOL SHALL INCLUDE INSTRUCTORS, ASSISTANT CHIEF INSTRUCTORS, CHIEF INSTRUCTORS, ASSISTANT PROFESSORS, ASSOCIATE PROFESSORS, AND PROFESSORS.

SEC. 6. THE SECRETARY OF THE NAVY IS AUTHORIZED AND DIRECTED TO MAKE SUCH REGULATIONS AS MAY BE NECESSARY TO CARRY OUT THE PROVISIONS OF THIS ACT. THERE IS HEREBY AUTHORIZED TO BE APPROPRIATED, OUT OF ANY MONEY IN THE TREASURY NOT OTHERWISE APPROPRIATED, SUCH AMOUNTS AS MAY BE NECESSARY TO CARRY OUT THE PROVISIONS OF THIS ACT.

THE STATUTE IS APPLICABLE TO "CIVILIAN MEMBERS OF THE TEACHING STAFFS OF THE UNITED STATES NAVAL ACADEMY AND POSTGRADUATE SCHOOL.' SECTIONS 1, 3, 4, AND 5. THE CORPS OF PROFESSORS OF MATHEMATICS (SECS. 1399, 1400, 1401, AND 1528, REV.STAT.) WAS ABOLISHED BY THE ACT OF AUGUST 29, 1916 (39 STAT. 577), ON THE DEATH, RESIGNATION, OR DISMISSAL OF THE OFFICERS THEN CARRIED IN THAT CORPS ON THE ACTIVE OR RETIRED LIST, AND THE ACT FURTHER PROVIDED, PAGE 607:

* * * THAT THE SECRETARY OF THE NAVY IS AUTHORIZED TO EMPLOY AT THE NAVAL ACADEMY SUCH NUMBER OF PROFESSORS AND INSTRUCTORS, INCLUDING ONE PROFESSOR AS LIBRARIAN, AS, IN HIS OPINION, MAY BE NECESSARY FOR THE PROPER INSTRUCTION OF THE MIDSHIPMEN; AND THAT THE PROFESSORS AND INSTRUCTORS SO EMPLOYED SHALL RECEIVE SUCH COMPENSATION FOR THEIR SERVICES AS MAY BE PRESCRIBED BY THE SECRETARY OF THE NAVY: PROVIDED FURTHER, THAT THE SECRETARY OF THE NAVY SHALL REPORT TO CONGRESS EACH YEAR THE NUMBER OF PROFESSORS AND INSTRUCTORS SO EMPLOYED AND THE AMOUNT OF COMPENSATION PRESCRIBED FOR EACH.

BY SECTION 7 OF THE ACT OF MAY 18, 1920 (41 STAT. 603), THE SECRETARY OF THE NAVY WAS AUTHORIZED, IN HIS DISCRETION, TO READJUST THE PREVAILING RATE OF CIVILIAN PROFESSORS AND INSTRUCTORS AT THE UNITED STATES NAVAL ACADEMY, WITH A LIMIT AS TO THE INCREASED EXPENDITURES FOR THE REMAINING PORTION OF THE FISCAL YEAR. APPARENTLY, THE COMPENSATION OF THESE PROFESSORS AND INSTRUCTORS HAS BEEN ADJUSTED UNDER THE STATUTES PROVIDING FOR APPLICATION OF CLASSIFICATION RATES OF PAY OF CIVILIAN EMPLOYEES TO THE FIELD SERVICES. IN THE ANNUAL APPROPRIATION ACTS FOR THE NAVY, THE CONGRESS FROM TIME TO TIME HAS QUALIFIEDLY LIMITED THE NUMBER OF PROFESSORS AND INSTRUCTORS. SEE, FOR EXAMPLE, THE ACTS OF JULY 1, 1922 (42 STAT. 806), AND JANUARY 22, 1923 (42 STAT. 1149), IMPLIEDLY AUTHORIZING THE FURTHER DETAIL OF OFFICERS ON THE ACTIVE LIST OF THE NAVY AS PROFESSORS OR INSTRUCTORS IN THE NAVAL ACADEMY WHEN THE NUMBER OF CIVILIAN PROFESSORS AND INSTRUCTORS EMPLOYED ON SUCH DUTIES SHALL BE LESS THAN 80, AND SEE THE ACT OF MARCH 15, 1934, FOR THE FISCAL YEAR 1935 (48 STAT. 417):

* * * THAT NO PART OF THIS APPROPRIATION SHALL BE AVAILABLE FOR THE PAY OF A CIVILIAN INSTRUCTOR AT THE NAVAL ACADEMY NOT SO EMPLOYED ON JUNE 27, 1933, EXCEPT THAT THE SECRETARY OF THE NAVY IS AUTHORIZED TO EMPLOY EIGHT ADDITIONAL CIVILIAN INSTRUCTORS.

BY THE AMENDMENT OF THE ACT OF JULY 31, 1894, 28 STAT. 205, BY THE ACT OF MAY 31, 1924, 43 STAT. 245, EXCEPTING FROM THE OPERATION OF THE STATUTE OFFICERS OF THE ARMY, NAVY, MARINE CORPS, AND COAST GUARD WHO WERE RETIRED FOR INJURIES RECEIVED IN BATTLE OR FOR INJURIES OR INCAPACITY INCURRED IN THE LINE OF DUTY, THE EMPLOYMENT AS PROFESSORS OR INSTRUCTORS AT THE NAVAL ACADEMY OF RETIRED OFFICERS OF THE NAVY COMING WITHIN THE ACT OF 1894, AS AMENDED, WAS FACILITATED. SEE THE DEPARTMENT'S HOLDING, LAWS RELATING TO THE NAVY, 1929 SUPPLEMENT, PAGE 237. SUCH OFFICERS SO EMPLOYED ARE, HOWEVER, SUBJECT TO THE LIMITATION OF SECTION 212 OF THE ECONOMY ACT OF JUNE 30, 1932, 47 STAT. 406, LIMITING THE TOTAL OF RETIRED PAY AND CIVILIAN PAY TO $3,000, IF THEY ARE NOT WITHIN THE EXCEPTION AS TO DISABILITY INCURRED IN COMBAT WITH AN ENEMY OF THE UNITED STATES. THE RETIRED OFFICERS SO EMPLOYED ARE EMPLOYED ON A CIVILIAN STATUS OR IN A CIVILIAN CAPACITY, BUT IT IS NOT CLEAR THAT THEY ARE "CIVILIAN MEMBERS OF THE TEACHING STAFFS OF THE UNITED STATES NAVAL ACADEMY AND POSTGRADUATE SCHOOL.' SECTION 1457, REVISED STATUTES, PROVIDES:

OFFICERS RETIRED FROM ACTIVE SERVICE SHALL BE PLACED ON THE RETIRED LIST OF OFFICERS OF THE GRADES TO WHICH THEY BELONGED, RESPECTIVELY, AT THE TIME OF THEIR RETIREMENT, AND CONTINUE TO BE BORNE ON THE NAVY REGISTER. THEY SHALL BE ENTITLED TO WEAR THE UNIFORM OF THEIR RESPECTIVE GRADES, AND SHALL BE SUBJECT TO THE RULES AND ARTICLES FOR THE GOVERNMENT OF THE NAVY AND TO TRIAL BY GENERAL COURT-MARTIAL. THE NAMES OF OFFICERS WHOLLY RETIRED FROM THE SERVICE SHALL BE OMITTED FROM THE NAVY REGISTER.

STATUTES LIMITED TO CIVILIANS HAVE BEEN HELD NOT TO INCLUDE RETIRED OFFICERS OF THE ARMY. IN 14 COMP. DEC. 663, IT WAS HELD, QUOTING THE SYLLABUS:

A RETIRED OFFICER OF THE ARMY, NOT BEING A CIVILIAN, IS NOT ENTITLED TO AN HONORARIUM OR OTHER PAYMENT FROM THE APPROPRIATION "NAVAL WAR COLLEGE, RHODE ISLAND * * * SERVICES OF CIVILIAN LECTURERS RENDERED AT THE WAR COLLEGE," FOR DELIVERING A LECTURE AT SAID COLLEGE.

THE CASE CITED AS AUTHORITY, UNITED STATES V. TYLER, 105 U.S. 244. THE SAME EFFECT IS 12 COMP. GEN. 531, CITING BADEAU V. THE UNITED STATES, 130 U.S. 439; IN RE TYLER'S MOTION, 18 CT.CLS. 25; IN RE WINTHROP, 31 CT.CLS. 35. THE CASE REPORTED IN 12 COMP. GEN. 531 WAS CARRIED TO THE COURT OF CLAIMS, COFFEY V. THE UNITED STATES, 80 CT.CLS. 779, WHERE THE CLAIM WAS FOR PAYMENT FOR SERVICES RENDERED UNDER AN APPROPRIATION FOR THE PAYMENT OF "CIVILIAN PHYSICIANS" AND IN AGREEMENT WITH THE CONCLUSION REACHED IN THIS OFFICE, THE COURT HELD: * * * IF PLAINTIFF HAD BEEN A CIVILIAN, IT MAY BE HE COULD RECOVER, BUT IN UNITED STATES V. TYLER, 105 U.S. 244, AND OTHER SUPREME COURT DECISIONS, IT HAS BEEN HELD THAT A RETIRED OFFICER IS NOT A CIVILIAN, BUT STILL IN THE MILITARY SERVICE. * *

IN VIEW OF THE PROVISIONS OF SECTION 4 OF THE QUOTED ACT IT WOULD SEEM THAT THE STATUTE BY DESIGN WAS INTENDED TO EXCLUDE RETIRED OFFICERS WHO MAY BE EMPLOYED AS CIVILIAN PROFESSORS OR INSTRUCTORS AT THE NAVAL ACADEMY, AS IT WOULD HARDLY HAVE BEEN CONTEMPLATED BY THE CONGRESS THAT AN OFFICER RETIRED FROM THE NAVY FOR PHYSICAL DISABILITY AND ENTITLED TO RETIRED PAY SHOULD, IF APPOINTED IN A CIVILIAN CAPACITY AS PROFESSOR OR INSTRUCTOR AT THE NAVAL ACADEMY, AND BECOME INCAPACITATED FOR THAT DUTY BEFORE REACHING THE RETIREMENT AGE, OR BEFORE HIS PURCHASED ANNUITY WOULD GIVE HIM AN ANNUAL INCOME OF $1,200, HAVE THE DIFFERENCE BETWEEN THE INCOME FROM HIS PURCHASED ANNUITY AND $1,200 PAID BY THE UNITED STATES. THAT IS, TWO PHYSICAL DISABILITY RETIREMENTS FOR THE SAME PERSON WITH SUBSTANTIAL PAYMENTS BY THE UNITED STATES FOR EACH RETIREMENT COULD HARDLY HAVE BEEN THE PURPOSE, AND THE DESCRIPTION OF THE BENEFICIARIES OF THE ACT, IN VIEW OF THE DECIDED CASES, CLEARLY EXCLUDES RETIRED OFFICERS OF THE NAVY. THEY ARE NOT "CIVILIAN" MEMBERS OF THE TEACHING STAFFS OF THE UNITED STATES NAVAL ACADEMY AND POSTGRADUATE SCHOOL.