B-139682, JUNE 19, 1959, 38 COMP. GEN. 850

B-139682: Jun 19, 1959

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A RETIRED CIVIL SERVICE ANNUITANT WHO IS REEMPLOYED UNDER AN ACT WHICH AUTHORIZES PLOYMENT. " MAY HAVE THE REEMPLOYMENT CONDITIONS PRESCRIBED IN SECTION 13 (B) OF THE CIVIL SERVICE RETIREMENT ACT. THE ANNUITY DEDUCTION IS NOT REQUIRED TO BE MADE FROM THE SALARY OF THE EMPLOYEE. 70 STAT. 757 (5 U.S.C. 2263) READS IN PART AS FOLLOWS: IF AN ANNUITANT UNDER THIS ACT (OTHER THAN (1) A DISABILITY ANNUITANT WHOSE ANNUITY IS TERMINATED BY REASON OF HIS RECOVERY OR RESTORATION OF EARNING CAPACITY. (2) AN ANNUITANT WHOSE ANNUITY WAS BASED UPON AN INVOLUNTARY SEPARATION FROM THE SERVICE. OR ON THE DATE OF ENACTMENT OF THE CIVIL SERVICE RETIREMENT ACT AMENDMENTS OF 1956 IS SERVING. HIS SERVICE ON AND AFTER THE DATE HE WAS OR IS SO EMPLOYED SHALL BE COVERED BY THIS ACT.

B-139682, JUNE 19, 1959, 38 COMP. GEN. 850

CIVILIAN PERSONNEL - REEMPLOYED CIVIL SERVICE RETIREES - EFFECT OF "WITHOUT REGARD TO THE CIVIL SERVICE LAWS, ETC.' A RETIRED CIVIL SERVICE ANNUITANT WHO IS REEMPLOYED UNDER AN ACT WHICH AUTHORIZES PLOYMENT,"WITHOUT REGARD TO THE CIVIL-SERVICE LAWS OR REGULATIONS, THE CLASSIFICATION ACT OF 1949 * * * OR ANY OTHER LAW OR REGULATION RELATING TO EITHER EMPLOYMENT OR COMPENSATION," MAY HAVE THE REEMPLOYMENT CONDITIONS PRESCRIBED IN SECTION 13 (B) OF THE CIVIL SERVICE RETIREMENT ACT, 5 U.S.C. 2263, RELATING TO ANNUITY DEDUCTIONS REGARDED AS WITHIN THE MEANING OF THE PHRASE "ANY OTHER LAW * * * RELATING TO EITHER EMPLOYMENT OR COMPENSATION" AND, THEREFORE, THE ANNUITY DEDUCTION IS NOT REQUIRED TO BE MADE FROM THE SALARY OF THE EMPLOYEE.

TO THE SECRETARY OF THE INTERIOR, JUNE 19, 1959:

ON MAY 19, 1959, YOUR ADMINISTRATIVE ASSISTANT SECRETARY REQUESTED OUR DECISION AS TO WHETHER, UNDER THE FACTS AND CIRCUMSTANCES HEREINAFTER RELATED, A CIVIL SERVICE ANNUITANT MAY BE REEMPLOYED BY THE NATIONAL PARK SERVICE, WITHOUT REQUIRING DEDUCTIONS FROM HIS SALARY IN AN AMOUNT EQUAL TO THE ANNUITY ALLOCABLE TO THE PERIOD OF ACTUAL EMPLOYMENT.

SECTION 13 (B) OF THE CIVIL SERVICE RETIREMENT ACT, AS AMENDED AND REWRITTEN BY THE CIVIL SERVICE RETIREMENT ACT AMENDMENTS OF 1956, 70 STAT. 757 (5 U.S.C. 2263) READS IN PART AS FOLLOWS:

IF AN ANNUITANT UNDER THIS ACT (OTHER THAN (1) A DISABILITY ANNUITANT WHOSE ANNUITY IS TERMINATED BY REASON OF HIS RECOVERY OR RESTORATION OF EARNING CAPACITY, (2) AN ANNUITANT WHOSE ANNUITY WAS BASED UPON AN INVOLUNTARY SEPARATION FROM THE SERVICE, EXCLUDING A SEPARATION UNDER THE AUTOMATIC SEPARATION PROVISIONS OF THIS ACT, OR (3) A MEMBER RETIRED UNDER THIS ACT) HEREAFTER BECOMES EMPLOYED, OR ON THE DATE OF ENACTMENT OF THE CIVIL SERVICE RETIREMENT ACT AMENDMENTS OF 1956 IS SERVING, IN AN APPOINTIVE OR ELECTIVE POSITION, HIS SERVICE ON AND AFTER THE DATE HE WAS OR IS SO EMPLOYED SHALL BE COVERED BY THIS ACT. NO DEDUCTIONS FOR THE FUND SHALL BE WITHHELD FROM HIS SALARY, BUT THERE SHALL BE DEDUCTED FROM HIS SALARY, EXCEPT FOR LUMP SUM LEAVE PAYMENT PURPOSES UNDER THE ACT OF DECEMBER 21, 1944, A SUM EQUAL TO THE ANNUITY ALLOCABLE TO THE PERIOD OF ACTUAL EMPLOYMENT * * *.

THE ABOVE-MENTIONED LETTER REFERS TO THE ACT OF MAY 17, 1954, 68 STAT. 98, AS AMENDED, 16 U.S.C. 450JJ, PROVIDING FOR THE CONSTRUCTION OF THE JEFFERSON NATIONAL EXPANSION MEMORIAL, AND PARTICULARLY TO SECTION 2 (A) THEREOF, 16 U.S.C 450JJ-1 (A), WHICH AUTHORIZES THE SECRETARY OF THE INTERIOR TO EMPLOY, IN HIS DISCRETION, BY CONTRACT OR OTHERWISE, LANDSCAPE ARCHITECTS, ARCHITECTS, ENGINEERS, SCULPTORS, ARTISTS, AND OTHER EXPERT CONSULTANTS "WITHOUT REGARD TO THE CIVIL SERVICE LAWS OR REGULATIONS, THE CLASSIFICATION ACT OF 1949 * * * OR ANY OTHER LAW OR REGULATION RELATING TO EITHER EMPLOYMENT OR COMPENSATION.'

WE BELIEVE THE REEMPLOYMENT CONDITIONS OF AN ANNUITANT AS PRESCRIBED IN THE ABOVE-QUOTED PROVISIONS OF THE RETIREMENT ACT CONSTITUTE "ANY OTHER LAW * * * RELATING TO EITHER EMPLOYMENT OR COMPENSATION" AS THOSE WORDS ARE USED IN SECTION 2 (A) OF PUBLIC LAW 361. HENCE, OUR VIEW IS THAT, UNDER THE BROAD AUTHORITY THUS VESTED BY STATUTE IN THE SECRETARY OF THE INTERIOR, HE MAY EMPLOY THE CIVIL SERVICE ANNUITANT WITHOUT REQUIRING A DEDUCTION FROM THE EMPLOYEE'S SALARY OF A SUM EQUAL TO THE ANNUITY ALLOCABLE TO THE PERIOD OF ACTUAL EMPLOYMENT. CF. B-130090, JANUARY 2, 1957.