B-104016, AUGUST 8, 1951, 31 COMP. GEN. 27

B-104016: Aug 8, 1951

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DURING WHICH THE ADMINISTRATOR OF VETERANS AFFAIRS IS AUTHORIZED TO EMPLOY RETIRED COMMISSIONED OR WARRANT OFFICERS WITHOUT LOSS OF THEIR RETIREMENT RIGHTS IS A LIMITATION ON THE AUTHORITY TO APPOINT SUCH OFFICERS RATHER THAN A LIMITATION ON THE LENGTH OF THEIR EMPLOYMENT. SO THAT RETIRED OFFICERS EMPLOYED PURSUANT TO SAID ACT MAY BE CONTINUED ON THE ROLLS OF THE VETERANS ADMINISTRATION INDEFINITELY SO LONG AS THEIR SERVICES ARE NEEDED. 1951: REFERENCE IS MADE TO YOUR LETTER OF JUNE 7. THAT IS TO SAY. OR WHETHER IT IS A LIMITATION UPON THE RIGHT TO CONTINUE THEIR APPOINTMENT BEYOND AUGUST 9. YOU ENCLOSE A COPY OF AN OPINION BY THE SOLICITOR OF YOUR ADMINISTRATION TO THE EFFECT THAT RETIRED ARMY OFFICERS APPOINTED WITHIN THE FIVE-YEAR PERIOD PRESCRIBED BY THE REFERRED-TO ACT MAY BE CONTINUED ON THE ROLLS OF YOUR ADMINISTRATION INDEFINITELY SO LONG AS THEIR SERVICES ARE NEEDED.

B-104016, AUGUST 8, 1951, 31 COMP. GEN. 27

RETIRED COMMISSIONED OFFICERS - APPOINTMENTS TO POSITIONS IN THE VETERANS ADMINISTRATION UNDER THE ACT OF AUGUST 10, 1946 THE FIVE YEAR PERIOD IN SECTION 2 OF THE ACT OF AUGUST 10, 1946, DURING WHICH THE ADMINISTRATOR OF VETERANS AFFAIRS IS AUTHORIZED TO EMPLOY RETIRED COMMISSIONED OR WARRANT OFFICERS WITHOUT LOSS OF THEIR RETIREMENT RIGHTS IS A LIMITATION ON THE AUTHORITY TO APPOINT SUCH OFFICERS RATHER THAN A LIMITATION ON THE LENGTH OF THEIR EMPLOYMENT, SO THAT RETIRED OFFICERS EMPLOYED PURSUANT TO SAID ACT MAY BE CONTINUED ON THE ROLLS OF THE VETERANS ADMINISTRATION INDEFINITELY SO LONG AS THEIR SERVICES ARE NEEDED, WITHOUT LOSS OF RETIREMENT RIGHTS.

COMPTROLLER GENERAL WARREN TO THE ADMINISTRATOR OF VETERANS AFFAIRS, AUGUST 8, 1951:

REFERENCE IS MADE TO YOUR LETTER OF JUNE 7, 1951, REQUESTING DECISION BY THIS OFFICE WITH RESPECT TO THE EFFECT OF SECTION 2 OF THE ACT OF AUGUST 10, 1946, 60 STAT. 978, INFRA, UPON THE RIGHT OF YOUR ADMINISTRATION TO RETAIN IN ITS EMPLOY BEYOND AUGUST 9, 1951, RETIRED ARMY OFFICERS APPOINTED PURSUANT TO AUTHORITY FOUND IN SECTION 1 OF THAT ACT, 60 STAT. 978, THAT IS TO SAY, WHETHER SECTION 2 LIMITS THE RIGHT TO APPOINT RETIRED OFFICERS TO A PERIOD OF FIVE YEARS, OR WHETHER IT IS A LIMITATION UPON THE RIGHT TO CONTINUE THEIR APPOINTMENT BEYOND AUGUST 9, 1951, IF APPOINTED WITHIN THE FIVE-YEAR PERIOD.

YOU ENCLOSE A COPY OF AN OPINION BY THE SOLICITOR OF YOUR ADMINISTRATION TO THE EFFECT THAT RETIRED ARMY OFFICERS APPOINTED WITHIN THE FIVE-YEAR PERIOD PRESCRIBED BY THE REFERRED-TO ACT MAY BE CONTINUED ON THE ROLLS OF YOUR ADMINISTRATION INDEFINITELY SO LONG AS THEIR SERVICES ARE NEEDED, WITHOUT LOSS OF RETIREMENT RIGHTS. WHAT GIVES RISE TO THE QUESTION APPEARS TO BE A REPORT RECEIVED BY YOUR ADMINISTRATION TO THE EFFECT THAT THE FINANCE OFFICE OF THE DEPARTMENT OF THE ARMY HAD INFORMED SUCH OFFICERS THAT THEY MIGHT LOSE THEIR RETIREMENT RIGHTS IF THEY WERE CONTINUED ON THE ROLLS BEYOND AUGUST 9, 1951.

SECTION 2 OF THE ACT OF AUGUST 10, 1946, 60 STAT. 978, PROVIDES:

THE AUTHORITY TO EMPLOY RETIRED COMMISSIONED OFFICERS OR RETIRED WARRANT OFFICERS CONTAINED IN SECTION 1 OF THIS ACT SHALL BE EFFECTIVE FOR A PERIOD OF FIVE-YEARS FROM THE DATE OF ENACTMENT.

IN VIEW OF THE STATEMENT TO THE FINANCE OFFICE, THE MATTER WAS REFERRED TO THE DEPARTMENT OF THE ARMY FOR CONSIDERATION, AND THERE NOW HAS BEEN RECEIVED A REPORT DATED JULY 30, 1951, FROM THE SECRETARY OF THE ARMY TO THE EFFECT THAT, AFTER EXAMINATION OF THE OPINION BY THE SOLICITOR OF THE VETERANS ADMINISTRATION AND A FURTHER EXAMINATION OF THE ACT AND ITS LEGISLATIVE HISTORY, THE DEPARTMENT IS INCLINED TO THE VIEW THAT THE ABOVE REFERRED-TO CONCLUSION REACHED BY THE SOLICITOR OF YOUR ADMINISTRATION IS CORRECT.

I FIND NO BASIS TO DIFFER WITH THE SOLICITOR OF YOUR ADMINISTRATION IN THE CONCLUSION REACHED BY HIM AND CONCURRED IN BY THE DEPARTMENT OF THE ARMY.