B-128525, JUL. 13, 1956

B-128525: Jul 13, 1956

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GOULD: WE HAVE YOUR LETTER OF JUNE 26. YOU WERE RETIRED JUNE 1. WERE AWARDED AN ANNUITY UNDER THE CIVIL SERVICE RETIREMENT ACT OF $18.89 A MONTH. YOU WERE REEMPLOYED FEBRUARY 23. AT WHICH TIME YOU WERE OVER 60 YEARS OF AGE. PROVIDES: "/B) NO PERSON WHO IS RECEIVING AN ANNUITY UNDER THE PROVISIONS OF THIS ACT AND WHO HAS REACHED THE AGE OF SIXTY YEARS SHALL BE ELIGIBLE AGAIN TO APPOINTMENT TO ANY APPOINTIVE OFFICE. UNLESS THE APPOINTING AUTHORITY DETERMINES THAT HE IS POSSESSED OF SPECIAL QUALIFICATIONS: PROVIDED. YOU WILL SEE FROM THE STATUTE JUST QUOTED THAT UPON YOUR REEMPLOYMENT AS AN ANNUITANT THERE WAS REQUIRED TO BE DEDUCTED FROM YOUR SALARY A SUM EQUAL TO THE RETIREMENT ANNUITY ALLOCABLE TO THE PERIOD OF ACTUAL EMPLOYMENT.

B-128525, JUL. 13, 1956

TO MR. JOHN D. GOULD:

WE HAVE YOUR LETTER OF JUNE 26, 1956, REGARDING YOUR RETIREMENT STATUS AND THE DEMAND MADE UPON YOU FOR REFUND OF $1,777.34.

ACCORDING TO THE COPY OF THE LETTER OF APRIL 3, 1956, TO YOU FROM THE UNITED STATES CIVIL SERVICE COMMISSION, YOU WERE RETIRED JUNE 1, 1947, AND WERE AWARDED AN ANNUITY UNDER THE CIVIL SERVICE RETIREMENT ACT OF $18.89 A MONTH, SUBSEQUENTLY INCREASED BY LEGISLATION TO $34 A MONTH. YOU WERE REEMPLOYED FEBRUARY 23, 1951, AT WHICH TIME YOU WERE OVER 60 YEARS OF AGE.

SECTION 2/B) OF THE ACT OF MAY 29, 1930, AS AMENDED BY SECTION 2 OF THE ACT OF FEBRUARY 28, 1948, 62 STAT. 49, PROVIDES:

"/B) NO PERSON WHO IS RECEIVING AN ANNUITY UNDER THE PROVISIONS OF THIS ACT AND WHO HAS REACHED THE AGE OF SIXTY YEARS SHALL BE ELIGIBLE AGAIN TO APPOINTMENT TO ANY APPOINTIVE OFFICE, POSITION, OR EMPLOYMENT UNDER THE GOVERNMENT OF THE UNITED STATES OR OF THE DISTRICT OF COLUMBIA, UNLESS THE APPOINTING AUTHORITY DETERMINES THAT HE IS POSSESSED OF SPECIAL QUALIFICATIONS: PROVIDED, THAT NO DEDUCTIONS FOR THE RETIREMENT FUND SHALL BE WITHHELD FROM THE SALARY, PAY, OR COMPENSATION OF SUCH PERSON, BUT THERE SHALL BE DEDUCTED FROM HIS SALARY, PAY, OR COMPENSATION OTHERWISE PAYABLE A SUM EQUAL TO THE RETIREMENT ANNUITY ALLOCABLE TO THE PERIOD OF ACTUAL EMPLOYMENT: PROVIDED FURTHER, THAT THE ANNUITY IN SUCH CASE NOT BE REDETERMINED UPON SUCH PERSON'S SUBSEQUENT SEPARATION FROM THE SERVICE.'

YOU WILL SEE FROM THE STATUTE JUST QUOTED THAT UPON YOUR REEMPLOYMENT AS AN ANNUITANT THERE WAS REQUIRED TO BE DEDUCTED FROM YOUR SALARY A SUM EQUAL TO THE RETIREMENT ANNUITY ALLOCABLE TO THE PERIOD OF ACTUAL EMPLOYMENT. NO OFFICER OR EMPLOYEE OF THE GOVERNMENT IS AUTHORIZED TO RECEIVE THAT REQUIREMENT. THEREFORE, SINCE YOU RECEIVED YOUR SALARY DURING THE PERIOD OF REEMPLOYMENT AS AN ANNUITANT WITHOUT DEDUCTION OF YOUR RETIREMENT ANNUITY, YOU ARE INDEBTED TO THE UNITED STATES FOR THE AMOUNT OF THE RETIREMENT ANNUITY WHICH SHOULD HAVE BEEN DEDUCTED FROM ANY COMPENSATION PAID TO YOU UPON YOUR REEMPLOYMENT AFTER REACHING 60 YEARS OF AGE. THUS THE DEMAND MADE UPON YOU TO REFUND THAT AMOUNT IS REQUIRED AS A MATTER OF LAW, AND APPROPRIATE ARRANGEMENT SHOULD BE MADE WITH THE ADMINISTRATIVE OFFICE REGARDING THE MANNER IN WHICH THE INDEBTEDNESS IS TO BE LIQUIDATED.