B-130987, MAR. 20, 1957

B-130987: Mar 20, 1957

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YOUR LETTER STATES THAT THE DEDUCTION IS NOT IN ORDER AS OF THE DATE OF SETTLEMENT BECAUSE YOU WERE RETIRED EFFECTIVE MAY 1. THAT ALL OF YOUR DEDUCTIONS THROUGH THE RETIREMENT FUND WERE COMPUTED AS OF THAT DATE. IT HAS NO REFERENCE WHATEVER TO RETIREMENT DEDUCTIONS WHICH ARE REQUIRED TO BE MADE FROM CURRENT SALARIES OF GOVERNMENT EMPLOYEES.

B-130987, MAR. 20, 1957

TO MR. ALLEN J. MCCARTHY:

YOUR LETTER OF JANUARY 5, 1957, RELATES TO THE CIVIL SERVICE RETIREMENT DEDUCTION OF $5.33 MADE FROM THE AMOUNT FOUND BY OUR OFFICE TO BE DUE YOU IN THE ADJUSTMENT OF YOUR SALARY FOR THE PERIOD FEBRUARY 24, TO MARCH 1, 1952, AS AN EMPLOYEE OF THE DEPARTMENT OF THE ARMY, CORPS OF ENGINEERS, GREENLAND. YOUR LETTER STATES THAT THE DEDUCTION IS NOT IN ORDER AS OF THE DATE OF SETTLEMENT BECAUSE YOU WERE RETIRED EFFECTIVE MAY 1, 1953, AND THAT ALL OF YOUR DEDUCTIONS THROUGH THE RETIREMENT FUND WERE COMPUTED AS OF THAT DATE.

AS OUR OFFICE SETTLEMENT COVERED PAYMENT FOR SERVICES RENDERED PRIOR TO YOUR RETIREMENT, SECTION 10 OF THE CIVIL SERVICE ACT, AS AMENDED, 5 U.S.C. 719, REQUIRES THAT THE PERCENTAGE DEDUCTION FOR THE RETIREMENT FUND BE MADE FROM SUCH PAYMENT. 26 COMP. GEN. 975, 27 ID. 214.

THE CIRCULAR TO WHICH YOU REFER AS STATING THAT NO FURTHER DEDUCTION WOULD BE MADE FROM THE SALARIES OF FEDERAL EMPLOYEES FOR THE RETIREMENT FUND RELATES TO EMPLOYEES REEMPLOYED AFTER RETIREMENT WHEN OVER 60 YEARS OF AGE. IT HAS NO REFERENCE WHATEVER TO RETIREMENT DEDUCTIONS WHICH ARE REQUIRED TO BE MADE FROM CURRENT SALARIES OF GOVERNMENT EMPLOYEES. ACCORDINGLY, UPON REVIEW THE SETTLEMENT MUST BE SUSTAINED.

WHATEVER BENEFIT TO WHICH YOU MIGHT BE ENTITLED BECAUSE OF THE ADDITIONAL CONTRIBUTION WOULD BE FOR CONSIDERATION BY THE BUREAU OF DEPARTMENTAL OPERATIONS, UNITED STATES CIVIL SERVICE COMMISSION, WASHINGTON 25, D.C.