B-151582, MAY 27, 1963

B-151582: May 27, 1963

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IT WAS THERE HELD THAT. ARMY OF THE UNITED STATES RETIRED WARRANT OFFICERS ARE SUBJECT TO THE PROVISIONS OF SECTION 2 OF THE ACT OF JULY 31. A COPY OF THAT DECISION IS ENCLOSED. WHILE YOUR ACTUAL RETIRED STATUS IS NOT ENTIRELY CLEAR. YOUR LETTER INDICATES THAT YOU WERE RETIRED AS AN ARMY OF THE UNITED STATES WARRANT OFFICER AND. IT APPEARS THAT YOU ARE AFFECTED BY THE DECISION. YOU WILL NOTE THAT THE DECISION OF APRIL 2. ON PAGE 2 DECISIONS RENDERED OVER THE PAST 25 YEARS ARE CITED WHICH GAVE A SIMILAR INTERPRETATION TO THE APPLICABLE PROHIBITORY PROVISIONS. WE HAVE ADVISED THE SECRETARY OF DEFENSE BY LETTER DATED MAY 17. WE WOULD NOT OBJECT TO A CONTINUATION THEREOF DURING THE PRESENT SESSION OF THE CONGRESS WITH THE UNDERSTANDING THAT SUCH PAYMENTS WILL BE SUBJECT TO COLLECTION UNLESS RELIEF LEGISLATION IS ENACTED DURING THAT SESSION.

B-151582, MAY 27, 1963

TO MR. PATRICK L. SIGNORELLI:

THERE HAS BEEN REFERRED TO THIS OFFICE FOR DIRECT REPLY YOUR LETTER DATED MAY 10, 1963, ADDRESSED TO THE VICE PRESIDENT OF THE UNITED STATES, CONCERNING OUR DECISION OF APRIL 2, 1963, B-141989. IT WAS THERE HELD THAT, UNLESS SPECIFICALLY EXEMPTED, ARMY OF THE UNITED STATES RETIRED WARRANT OFFICERS ARE SUBJECT TO THE PROVISIONS OF SECTION 2 OF THE ACT OF JULY 31, 1894, CH. 174, 28 STAT. 205, AS AMENDED, 5 U.S.C. 62, WHICH PROHIBITS THE EMPLOYMENT OF CERTAIN RETIRED PERSONS IN A CIVILIAN CAPACITY BY THE GOVERNMENT. A COPY OF THAT DECISION IS ENCLOSED.

THE DECISION INVOLVED RELATES ONLY TO THOSE WARRANT OFFICERS WHO RETIRED IN THEIR ARMY OF THE UNITED STATES TEMPORARY WARRANT OFFICER GRADE. HAS NO APPLICATION TO PERSONS WHO RETIRED IN THEIR RESERVE GRADE OF WARRANT OFFICER. WHILE YOUR ACTUAL RETIRED STATUS IS NOT ENTIRELY CLEAR, YOUR LETTER INDICATES THAT YOU WERE RETIRED AS AN ARMY OF THE UNITED STATES WARRANT OFFICER AND, HENCE, IT APPEARS THAT YOU ARE AFFECTED BY THE DECISION. YOU WILL NOTE THAT THE DECISION OF APRIL 2, 1963, MADE NO NEW INTERPRETATION OF THE LAW. ON PAGE 2 DECISIONS RENDERED OVER THE PAST 25 YEARS ARE CITED WHICH GAVE A SIMILAR INTERPRETATION TO THE APPLICABLE PROHIBITORY PROVISIONS.

REGARDING THOSE RETIRED TEMPORARY WARRANT OFFICERS WHO FALL WITHIN THE SCOPE OF THE DECISION OF APRIL 2, 1963, H.R. 6304, 88TH CONGRESS, (INTRODUCED AND REFERRED TO THE COMMITTEE ON ARMED SERVICES, HOUSE OF REPRESENTATIVES, ON MAY 14, 1963), WOULD RETROACTIVELY EXEMPT SUCH RETIRED WARRANT OFFICERS FROM THE RESTRICTIONS OF THE 1894 ACT. WE HAVE ADVISED THE SECRETARY OF DEFENSE BY LETTER DATED MAY 17, 1963, B 141989, COPY HEREWITH, THAT WHILE CONTINUED SALARY PAYMENTS OF THE KIND INVOLVED IN THE DECISION OF APRIL 2, 1963, MUST BE CONSIDERED UNAUTHORIZED UNDER PRESENT LAW, WE WOULD NOT OBJECT TO A CONTINUATION THEREOF DURING THE PRESENT SESSION OF THE CONGRESS WITH THE UNDERSTANDING THAT SUCH PAYMENTS WILL BE SUBJECT TO COLLECTION UNLESS RELIEF LEGISLATION IS ENACTED DURING THAT SESSION.