B-113433, APRIL 1, 1953, 32 COMP. GEN. 417

B-113433: Apr 1, 1953

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

FOR RETIRED PAY OF MILITARY PERSONNEL IS NOT AVAILABLE FOR THE PAYMENT OF RETIRED PAY TO PERSONS WHOSE RIGHT TO SUCH PAY AROSE BY REASON OF BEING PLACED ON ONE OF THE EMERGENCY OFFICERS' RETIRED LISTS CREATED BY THE ACT OF MAY 24. FOR RETIRED PAY OF MILITARY PERSONNEL IS NOT AVAILABLE FOR THE PAYMENT OF RETIRED PAY TO RESERVE OFFICERS OF THE ARMY OF THE UNITED STATES WHOSE RIGHT TO SUCH PAY AROSE BY REASON OF THE ACT OF SEPTEMBER 26. IS AVAILABLE FOR THE PAYMENT OF SEVERANCE PAY (IN APPROPRIATE CASES) TO EMERGENCY RETIRED OFFICERS AND TO RESERVE OFFICERS OF THE ARMY OF THE UNITED STATES WHOSE RIGHT TO RETIRED PAY WAS BASED ON THE ACT OF SEPTEMBER 26. 1953: REFERENCE IS MADE TO LETTER OF JANUARY 13.

B-113433, APRIL 1, 1953, 32 COMP. GEN. 417

APPROPRIATIONS - RETIRED AND SEVERANCE PAY - EMERGENCY RETIRED OFFICERS; RESERVE OFFICERS OF ARMY OF UNITED STATES RETIRED UNDER ACT OF SEPTEMBER 26, 1941 THE DEPARTMENT OF DEFENSE APPROPRIATION, 1953, FOR RETIRED PAY OF MILITARY PERSONNEL IS NOT AVAILABLE FOR THE PAYMENT OF RETIRED PAY TO PERSONS WHOSE RIGHT TO SUCH PAY AROSE BY REASON OF BEING PLACED ON ONE OF THE EMERGENCY OFFICERS' RETIRED LISTS CREATED BY THE ACT OF MAY 24, 1928, WHICH PROVIDES THAT RETIRED PAY OF SUCH PERSONS SHALL BE PAID SOLELY OUT OF THE FUNDS APPROPRIATED TO THE VETERANS' ADMINISTRATION, AND THEREFORE, AN ELECTION MADE UNDER SECTION 411 OF THE CAREER COMPENSATION ACT OF 1949, WHICH CHANGES THE RATE OR METHOD OF COMPUTING THE RETIRED PAY, DOES NOT CHANGE THE APPROPRIATION TO BE CHARGED WITH SUCH PAY. THE DEPARTMENT OF DEFENSE APPROPRIATION, 1953, FOR RETIRED PAY OF MILITARY PERSONNEL IS NOT AVAILABLE FOR THE PAYMENT OF RETIRED PAY TO RESERVE OFFICERS OF THE ARMY OF THE UNITED STATES WHOSE RIGHT TO SUCH PAY AROSE BY REASON OF THE ACT OF SEPTEMBER 26, 1941, WHICH REQUIRED THAT RETIREMENT BENEFITS AUTHORIZED THEREIN BE PAID OUT OF FUNDS APPROPRIATED TO THE VETERANS' ADMINISTRATION, AND THEREFORE, AN ELECTION MADE UNDER SECTION 411 OF THE CAREER COMPENSATION ACT OF 1949, WHICH CHANGES THE RATE OR METHOD OF COMPUTING THE RETIRED PAY DOES NOT CHANGE THE APPROPRIATION TO BE CHARGED WITH SUCH PAY. SECTION 414 (A) OF THE CAREER COMPENSATION ACT OF 1949, WHICH PROVIDES THAT "ALL DUTIES, POWERS, AND FUNCTIONS INCIDENT TO THE DETERMINATION OF * * * ENTITLEMENT TO AND PAYMENT OF DISABILITY SEVERANCE PAY SHALL BE VESTED IN THE SECRETARY CONCERNED," CONTEMPLATES THAT ALL PAYMENTS OF THE SEVERANCE PAY AUTHORIZED IN SECTIONS 402 AND 403 OF THE ACT SHALL BE MADE BY THE UNIFORMED SERVICE CONCERNED, AND THEREFORE, THE DEPARTMENT OF DEFENSE APPROPRIATION, 1953, IS AVAILABLE FOR THE PAYMENT OF SEVERANCE PAY (IN APPROPRIATE CASES) TO EMERGENCY RETIRED OFFICERS AND TO RESERVE OFFICERS OF THE ARMY OF THE UNITED STATES WHOSE RIGHT TO RETIRED PAY WAS BASED ON THE ACT OF SEPTEMBER 26, 1941.

ASSISTANT COMPTROLLER GENERAL YATES TO THE SECRETARY OF DEFENSE, APRIL 1, 1953:

REFERENCE IS MADE TO LETTER OF JANUARY 13, 1953, FROM THE THEN DEPUTY SECRETARY OF DEFENSE, REQUESTING DECISION AS TO WHETHER THE DEPARTMENT OF DEFENSE APPROPRIATION FOR THE PAYMENT OF RETIRED PAY IS LEGALLY AVAILABLE FOR THE PAYMENT OF RETIREMENT PAY OF EMERGENCY RETIRED OFFICERS. IT IS STATED FURTHER THAT THE FACTS AND LAWS RELATING TO THE ABOVE MATTER AND THE "QUESTIONS" UPON WHICH DECISION IS REQUESTED ARE SET FORTH IN COMMITTEE ACTION NO. 56 OF THE MILITARY PAY AND ALLOWANCE COMMITTEE, DEPARTMENT OF DEFENSE, ATTACHED THERETO. SUCH COMMITTEE ACTION NO. 56 INDICATES THAT AN ANSWER ALSO IS DESIRED ON A SIMILAR QUESTION RELATING TO THE AVAILABILITY OF THE DEPARTMENT OF DEFENSE APPROPRIATION FOR THE PAYMENT OF THE RETIREMENT PAY AUTHORIZED TO BE PAID TO RESERVE OFFICERS OF THE ARMY OF THE UNITED STATES UNDER THE PROVISIONS OF THE ACT OF SEPTEMBER 26, 1941, 55 STAT. 733. AND IN THE EVENT THAT THE FIRST QUESTION IS ANSWERED IN THE AFFIRMATIVE, DECISION ALSO IS REQUESTED AS TO THE PROPER METHOD OF COMPUTING THE RETIREMENT PAY OF FIRST LIEUTENANT "A," AN EMERGENCY RETIRED OFFICER, UNDER THE CIRCUMSTANCES STATED IN THE LETTER. A FINAL QUESTION RELATES TO THE AVAILABILITY OF THE DEPARTMENT OF DEFENSE APPROPRIATION FOR THE PAYMENT OF SEVERANCE PAY UNDER THE PROVISIONS OF SECTION 403 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 820, IF IT IS HELD THAT SUCH APPROPRIATION IS NOT AVAILABLE FOR THE PAYMENT OF RETIREMENT PAY IN THE CASES ABOVE MENTIONED.

THE DEPARTMENT OF DEFENSE APPROPRIATION ACT, 1953, 66 STAT. 517, 518, CONTAINS THE FOLLOWING PROVISION:

FOR RETIRED PAY AND RETIREMENT PAY, AS AUTHORIZED BY LAW, OF MILITARY PERSONNEL ON THE RETIRED LISTS OF THE ARMY, NAVY, MARINE CORPS, AND THE AIR FORCE, INCLUDING THE RESERVE COMPONENTS HEREOF; AND RETAINER PAY FOR PERSONNEL OF THE INACTIVE FLEET RESERVE; $330,000,000 * * *.

THE EMERGENCY RETIRED OFFICERS REFERRED TO IN THE FIRST QUESTION, SUPRA, ARE THOSE PERSONS WHO SERVED AS OFFICERS OF THE ARMY, NAVY AND MARINE CORPS IN WORLD WAR I AND WHOSE NAMES HAVE BEEN PLACED ON THE EMERGENCY OFFICERS' RETIRED LIST FOR PHYSICAL DISABILITY OF NOT LESS THAN 30 PERCENT INCURRED IN LINE OF DUTY, UNDER THE ACT OF MAY 24, 1928, AS AMENDED, 38 U.S.C. 581, WHICH PROVIDES, INTER ALIA,"THAT ALL PAY AND ALLOWANCES TO WHICH SUCH PERSONS OR OFFICERS MAY BE ENTITLED UNDER THE PROVISIONS OF THIS LAW SHALL BE PAID SOLELY OUT OF THE MILITARY AND NAVAL COMPENSATION APPROPRIATION FUND OF THE VETERANS' ADMINISTRATION.' IT WOULD APPEAR THAT EACH OF SUCH PERSONS IS A "FORMER MEMBER OF THE UNIFORMED SERVICES HERETOFORE GRANTED OR ENTITLED TO RECEIVE RETIREMENT PAY FOR PHYSICAL DISABILITY" WITHIN THE PURVIEW OF SECTION 411 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 823, AND HENCE IS INCLUDED AMONG THE DIFFERENT CLASSES OF PERSONNEL WHO, WITHIN THE FIVE YEAR PERIOD FOLLOWING OCTOBER 1, 1949, ARE PERMITTED TO MAKE AN ELECTION WITH RESPECT TO RETIREMENT PAY AS PROVIDED IN SECTION 411 OF THE CAREER COMPENSATION ACT OF 1949. SUCH PERSONS "MAY" ELECT (A) "TO QUALIFY FOR DISABILITY RETIREMENT PAY UNDER THE PROVISIONS OF" THE SAID ACT, OR (B) TO RECEIVE RETIREMENT PAY COMPUTED BY THE MORE FAVORABLE OF EITHER (A) THE METHOD AUTHORIZED UNDER PROVISIONS OF LAW IN EFFECT ON SEPTEMBER 30, 1949, OR (B) ON THE BASIS OF 2 1/2 PERCENT OF THE PAY OF THE HIGHEST RANK, GRADE, OR RATING REFERRED TO THEREIN, MULTIPLIED BY THE NUMBER OF YEARS OF ACTIVE SERVICE CREDITABLE TO THE PERSON CONCERNED.

SECTION 414 (B) OF THE SAID CAREER COMPENSATION ACT, 63 STAT. 825, PROVIDES AS FOLLOWS:

ALL DUTIES, POWERS, AND FUNCTIONS INCIDENT TO PAYMENTS OF DISABILITY RETIREMENT PAY, HOSPITALIZATION, AND REEXAMINATIONS SHALL BE VESTED IN THE SECRETARY CONCERNED OR IN THE ADMINISTRATOR OF VETERANS' AFFAIRS UNDER REGULATIONS PROMULGATED BY THE PRESIDENT.

SECTIONS 2 AND 7, EXECUTIVE ORDER NO. 10122, APRIL 14, 1950, ARE AS FOLLOWS:

SEC. 2. (A) EFFECTIVE AS OF OCTOBER 1, 1949, ALL DUTIES, POWERS, AND FUNCTIONS INCIDENT TO THE PAYMENT OF DISABILITY RETIREMENT PAY OF MEMBERS OR FORMER MEMBERS OF THE UNIFORMED SERVICES RETIRED FOR PHYSICAL DISABILITY OR RECEIVING DISABILITY RETIREMENT PAY SHALL, EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION, BE VESTED IN THE SECRETARY CONCERNED.

(B) EFFECTIVE JULY 1, 1950, ALL DUTIES, POWERS, AND FUNCTIONS EXERCISED BY THE VETERANS' ADMINISTRATION PURSUANT TO EXECUTIVE ORDER NO. 8099 OF APRIL 28, 1939, AS AMENDED BY EXECUTIVE ORDER NO. 8461 OF JUNE 28, 1940, RELATIVE TO THE ADMINISTRATION OF THE RETIREMENT-PAY PROVISIONS OF SECTION 1 OF THE ACT OF AUGUST 30, 1935, AS AMENDED BY SECTION 5 OF THE ACT OF APRIL 3, 1939, 53 STAT. 557, AND AMENDMENTS THEREOF, SHALL, AS TO CASES WITHIN THEIR RESPECTIVE JURISDICTIONS, BE VESTED IN THE SECRETARY OF THE ARMY AND THE SECRETARY OF THE AIR FORCE, AND THEREAFTER THE VETERANS' ADMINISTRATION SHALL NOT BE CHARGED IN ANY CASE WITH ANY FURTHER RESPONSIBILITY IN THE ADMINISTRATION OF THE SAID RETIREMENT-PAY PROVISIONS. THE SAID EXECUTIVE ORDER NO. 8099 AS AMENDED BY THE SAID EXECUTIVE ORDER NO. 8461 IS HEREBY AMENDED ACCORDINGLY. * * *

SEC. 7. NOTHING IN THIS ORDER SHALL BE CONSTRUED TO AFFECT THE DUTIES, POWERS, AND FUNCTIONS VESTED IN THE ADMINISTRATOR OF VETERANS' AFFAIRS PURSUANT TO THE PROVISIONS OF THE ACT OF MAY 24, 1928, ENTITLED " AN ACT MAKING ELIGIBLE FOR RETIREMENT, UNDER CERTAIN CONDITIONS, OFFICERS AND FORMER OFFICERS OF THE ARMY, NAVY, AND MARINE CORPS OF THE UNITED STATES, OTHER THAN OFFICERS OF THE REGULAR ARMY, NAVY OR MARINE CORPS, WHO INCURRED PHYSICAL DISABILITY IN LINE OF DUTY WHILE IN THE SERVICE OF THE UNITED STATES DURING THE WORLD WAR" (45 STAT. 735, AS AMENDED), OR BY OR PURSUANT TO THE ACT OF SEPTEMBER 26, 1941, ENTITLED " AN ACT TO PROVIDE RETIREMENT PAY AND HOSPITAL BENEFITS TO CERTAIN RESERVE OFFICERS, ARMY OF THE UNITED STATES, DISABLED WHILE ON ACTIVE DUTY" (55 STAT. 733).

IT SEEMS CLEAR THAT IF NO ELECTION IS MADE UNDER SECTION 411 OF THE CAREER COMPENSATION ACT BY PERSONS ON THE EMERGENCY OFFICERS' RETIRED LIST (AND NO ELECTION ACTUALLY IS REQUIRED IN VIEW OF THE PROVISIONS OF SECTION 519 OF THE ACT, 63 STAT. 834, AS WELL AS THOSE OF THE SAID SECTION 411) PAYMENT OF THEIR RETIREMENT PAY MUST BE MADE AT THE RATE IN EFFECT ON SEPTEMBER 30, 1949, AND FROM THE APPROPRIATION WHICH WAS THEN BEING CHARGED WITH SUCH RETIREMENT PAY, THAT IS, THE PROPER APPROPRIATION OF THE VETERANS ADMINISTRATION AS REQUIRED BY THE EXPRESS PROVISIONS OF THE ACT OF MAY 24, 1928, AS AMENDED, SUPRA. MOREOVER, A CHANGE IN THE RATE OF RETIREMENT PAY SUCH AS WAS AUTHORIZED UNDER SECTION 6 OF THE ACT OF JUNE 29, 1946, 60 STAT. 345, COULD NOT REASONABLY BE CONSIDERED AS EFFECTING ANY CHANGE IN THE APPROPRIATION CHARGEABLE WITH SUCH RETIREMENT PAY AND IT IS THE VIEW OF THIS OFFICE THAT THE DIFFERENT ALTERNATIVES CONCERNING RETIREMENT PAY WHICH ARE OPEN TO RETIRED EMERGENCY OFFICERS UNDER THE CAREER COMPENSATION ACT, RELATE ONLY TO THE RATE OR METHOD OF COMPUTING THE RETIREMENT PAY OF SUCH OFFICERS. AN ELECTION UNDER SECTION 411 RESULTING IN A COMPUTATION UNDER METHOD (A) OF SECTION 511, 63 STAT. 829, AND PAYMENT ON A SAVED PAY BASIS IS THE SAME AS NO ELECTION AS FAR AS THE APPROPRIATION WHICH MUST BE USED IS CONCERNED, AND AN ELECTION RESULTING IN THE COMPUTATION OF RETIREMENT PAY UNDER METHOD (B) WOULD NOT SEEM TO CHANGE THE SITUATION. WHILE METHOD (A) OF SECTION 411 MAY NOT BE PHRASED IN TERMS OF A RECOMPUTATION OR CHANGE IN RATE OF EXISTING RETIREMENT PAY, IT AMOUNTS TO THE SAME THING, SINCE A RETIRED EMERGENCY OFFICER'S RIGHT TO QUALIFY UNDER THE SAID METHOD (A) IS BASED ON HIS WORLD WAR I PHYSICAL DISABILITY AND THE FACT THAT, BASICALLY, HE IS ENTITLED TO RETIREMENT PAY UNDER SAID ACT OF MAY 24, 1928, AS AMENDED. UNDER SUCH CIRCUMSTANCES THE CONCLUSION IS REQUIRED THAT, REGARDLESS OF ANY ELECTION WHICH MAY BE MADE UNDER SECTION 411 OF THE CAREER COMPENSATION ACT, THE RETIREMENT PAY PAYABLE TO ALL OFFICERS ON THE EMERGENCY OFFICERS' RETIRED LISTS CREATED BY THE ACT OF MAY 24, 1928, IS PAYABLE "UNDER THE PROVISIONS OF THIS LAW" WITHIN THE MEANING OF THE SAID 1928 ACT. WHILE SECTION 2 (A), EXECUTIVE ORDER NO. 10122 VESTS CERTAIN POWERS AND FUNCTIONS INCIDENT TO RETIREMENT PAY IN THE SECRETARY OF THE DEPARTMENT CONCERNED, SECTION 7 THEREOF MAKES CLEAR THAT SUCH ACTION DID NOT AFFECT IN ANY WAY THE DUTIES, POWERS, AND FUNCTIONS VESTED IN THE ADMINISTRATOR OF VETERANS' AFFAIRS UNDER THE SAID ACT OF MAY 24, 1928. ACCORDINGLY, YOU ARE ADVISED THAT THE DEPARTMENT OF DEFENSE APPROPRIATION (FISCAL YEAR 1953) FOR RETIRED PAY OF MILITARY PERSONNEL IS NOT AVAILABLE FOR THE PAYMENT OF RETIREMENT PAY TO PERSONS WHOSE RIGHT TO SUCH PAY AROSE BY REASON OF THEIR PLACEMENT ON ONE OF THE EMERGENCY OFFICERS' RETIRED LISTS CREATED BY THE ACT OF MAY 24, 1928.

THE NEGATIVE ANSWER TO THE FOREGOING QUESTION MAKES UNNECESSARY AT THIS TIME A CONSIDERATION OF THE MATTER OF THE PROPER COMPUTATION OF THE RETIREMENT PAY DUE LIEUTENANT "A.'

SECTION 2 OF THE ACT OF SEPTEMBER 26, 1941, AS AMENDED, 38 U.S.C. 12, PROVIDES, WITH RESPECT TO THE RETIREMENT PAY BENEFITS GRANTED TO THOSE RESERVE OFFICERS OF THE ARMY OF THE UNITED STATES COVERED BY SECTION 1 THEREOF, AS FOLLOWS:

* * * THE DUTIES, POWERS, AND FUNCTIONS INCIDENT TO THE ADMINISTRATION AND PAYMENT OF THE BENEFITS HEREIN PROVIDED ARE HEREBY VESTED IN THE VETERANS' ADMINISTRATION: PROVIDED, THAT IN THE ADMINISTRATION OF THE RETIREMENT PAY PROVISIONS OF THE SAID STATUTE THE DETERMINATION OF ALL QUESTIONS OF ELIGIBILITY FOR THE BENEFITS THEREOF, INCLUDING ALL QUESTIONS OF LAW AND FACT RELATING TO SUCH ELIGIBILITY, SHALL BE MADE BY THE SECRETARY OF THE ARMY, OR BY SOMEONE DESIGNATED BY HIM IN THE DEPARTMENT OF THE ARMY, IN THE MANNER, AND IN ACCORDANCE WITH THE STANDARDS, PROVIDED BY LAW OR REGULATIONS FOR REGULAR ARMY PERSONNEL: * * *

IT APPEARS THAT UNDER THE FOREGOING PROVISIONS OF LAW, THE RETIREMENT PAY BENEFITS AUTHORIZED THEREIN ARE REQUIRED TO BE PAID OUT OF FUNDS APPROPRIATED TO THE VETERANS ADMINISTRATION. THERE APPEARS TO BE NO PROVISION IN THE CAREER COMPENSATION ACT OF 1949 WHICH REQUIRES THAT SUCH BENEFITS BE PAID OUT OF DEPARTMENT OF DEFENSE APPROPRIATIONS. SECTION 414 (B) OF THE LATTER ACT STATES THAT ALL DUTIES, POWERS AND FUNCTIONS INCIDENT TO PAYMENTS OF DISABILITY RETIREMENT PAY, HOSPITALIZATION, AND REEXAMINATIONS SHALL BE VESTED IN THE SECRETARY CONCERNED OR IN THE ADMINISTRATOR OF VETERANS' AFFAIRS UNDER REGULATIONS PROMULGATED BY THE PRESIDENT. SECTION 7, EXECUTIVE ORDER NO. 10122, ISSUED UNDER AUTHORITY OF SAID SECTION 414 (B) EXPRESSLY STATES THAT NOTHING IN THAT ORDER SHALL BE CONSTRUED TO AFFECT THE DUTIES, POWERS, AND FUNCTIONS VESTED IN THE ADMINISTRATOR OF VETERANS' AFFAIRS BY THE ACT OF SEPTEMBER 26, 1941. INDICATED IN THE ANSWER TO THE FIRST QUESTION, SUPRA, AN ELECTION UNDER SECTION 411 OF THE CAREER COMPENSATION ACT WOULD AFFECT ONLY THE RATE OR METHOD OF COMPUTING RETIREMENT PAY. THE BASIC AUTHORITY FOR THE PAYMENT OF SUCH RETIREMENT PAY TO ELIGIBLE RESERVE OFFICERS, WOULD CONTINUE TO BE THE 1940 ACT, THE BENEFITS OF WHICH ARE PAYABLE OUT OF THE PROPER APPROPRIATION AVAILABLE TO THE VETERANS' ADMINISTRATION FOR THAT PURPOSE. ACCORDINGLY, IT IS CONCLUDED THAT THE DEPARTMENT OF DEFENSE APPROPRIATION (FISCAL YEAR 1953) FOR RETIRED PAY OF MILITARY PERSONNEL IS NOT AVAILABLE FOR THE PAYMENT OF RETIREMENT PAY TO PERSONS WHOSE RIGHT TO SUCH PAY AROSE BY REASON OF THE PROVISIONS OF THE ACT OF SEPTEMBER 26, 1941.

CONCERNING THE QUESTION WHETHER THE DEPARTMENT OF DEFENSE APPROPRIATION IS AVAILABLE FOR PAYMENT OF SEVERANCE PAY TO EMERGENCY RETIRED OFFICERS AND TO RESERVE OFFICERS OF THE ARMY OF THE UNITED STATES WHOSE RIGHT TO RETIREMENT PAY WAS BASED ON THE SAID ACT OF SEPTEMBER 26, 1941, ATTENTION IS INVITED TO SECTION 414 (A) OF THE CAREER COMPENSATION ACT, 63 STAT. 825, WHICH PROVIDES THAT "ALL DUTIES, POWERS, AND FUNCTIONS INCIDENT TO THE DETERMINATION OF * * * ENTITLEMENT TO AND PAYMENT OF DISABILITY SEVERANCE PAY SHALL BE VESTED IN THE SECRETARY CONCERNED.' SUCH PROVISIONS OF LAW APPEAR TO CONTEMPLATE THAT ALL PAYMENTS OF THE SEVERANCE PAY AUTHORIZED IN SECTIONS 402 AND 403 OF THE CAREER COMPENSATION ACT, 63 STAT. 816, SHALL BE MADE BY THE UNIFORMED SERVICE CONCERNED. HENCE, IN CASES OF THE TYPE HERE INVOLVED ANY SEVERANCE PAY WHICH MAY BE DUE SHOULD BE CHARGED TO THE APPROPRIATION OF THE SERVICE CONCERNED WHICH IS NORMALLY CHARGEABLE WITH SEVERANCE PAY. THIS CONCLUSION MAY APPEAR INCONSISTENT WITH THE ANSWERS TO THE PRIOR QUESTIONS AND IT MAY BE SURMISED THAT THE FAILURE TO MENTION THE ADMINISTRATOR OF VETERANS' AFFAIRS IN SAID SECTION 414 (A) RESPECTING SEVERANCE PAY (AS WAS DONE IN SECTION 414 (B), SUPRA, RESPECTING RETIREMENT PAY) MAY HAVE RESULTED FROM AN OVERSIGHT BY THE DRAFTSMEN THAT SOME VETERANS ADMINISTRATION RETIREMENT PAY BENEFICIARIES MIGHT QUALIFY FOR SEVERANCE PAY UNDER THE PLAIN PROVISIONS OF ELECTION (A) IN SECTION 411. HOWEVER THAT MAY BE, THIS OFFICE CANNOT, OF COURSE, CORRECT ANY SUCH OMISSION AND CAN ONLY APPLY THE TERMS OF 414 (A) AS THEY ARE FOUND IN THE STATUTE.