B-154503, JAN. 28, 1969

B-154503: Jan 28, 1969

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HEALTH INSURANCE COVERAGE OF THE EMPLOYEES IN QUESTION WAS CONTINUED DURING THE PERIOD OF THEIR SERVICE WITH THE APPALACHIAN REGIONAL COMMISSION. SECTION 106 (5) OF PUBLIC LAW 98-4 IS IN PART AS FOLLOWS: "* * * THE CIVIL SERVICE COMMISSION OF THE UNITED STATES IS AUTHORIZED TO CONTRACT WITH THE COMMISSION FOR CONTINUED COVERAGE OF COMMISSION EMPLOYEES. WHO AT DATE OF COMMISSION EMPLOYMENT ARE FEDERAL EMPLOYEES. IN THE RETIREMENT PROGRAM AND OTHER EMPLOYEE BENEFIT PROGRAMS OF THE FEDERAL GOVERNMENT.' 5 U.S.C. 6303 (A) ALSO REFERRED TO IN YOUR LETTER IS IN PART AS FOLLOWS: "* * * IN DETERMINING YEARS OF SERVICE. AN EMPLOYEE IS ENTITLED TO CREDIT FOR ALL SERVICE CREDITABLE UNDER SECTION 8332 OF THIS TITLE FOR THE PURPOSE OF AN ANNUITY UNDER SUBCHAPTER III OF CHAPTER 83 OF THIS TITLE.

B-154503, JAN. 28, 1969

TO MR. CHAIRMAN:

WE REFER TO LETTER OF DECEMBER 20, 1968, FROM THE FORMER CHAIRMAN OF THE CIVIL SERVICE COMMISSION REQUESTING A DECISION CONCERNING THE PROPRIETY OF CREDITING A PERIOD OF EMPLOYMENT WITH THE APPALACHIAN REGIONAL COMMISSION FOR THE PURPOSE OF DETERMINING THE APPROPRIATE ANNUAL LEAVE EARNING CATEGORY OF CERTAIN EMPLOYEES OF THE GOVERNMENT WHO, BETWEEN PERIODS OF GOVERNMENT SERVICE, WORKED AS EMPLOYEES OF THE APPALACHIAN REGIONAL COMMISSION.

UNDER A CONTRACT BETWEEN THE U.S. CIVIL SERVICE COMMISSION AND THE APPALACHIAN REGIONAL COMMISSION ENTERED INTO UNDER THE AUTHORITY OF SECTION 106 (5) OF THE APPALACHIAN REGIONAL DEVELOPMENT ACT OF 1965, PUBLIC LAW 89-4, CIVIL SERVICE RETIREMENT, LIFE INSURANCE, AND HEALTH INSURANCE COVERAGE OF THE EMPLOYEES IN QUESTION WAS CONTINUED DURING THE PERIOD OF THEIR SERVICE WITH THE APPALACHIAN REGIONAL COMMISSION.

SECTION 106 (5) OF PUBLIC LAW 98-4 IS IN PART AS FOLLOWS:

"* * * THE CIVIL SERVICE COMMISSION OF THE UNITED STATES IS AUTHORIZED TO CONTRACT WITH THE COMMISSION FOR CONTINUED COVERAGE OF COMMISSION EMPLOYEES, WHO AT DATE OF COMMISSION EMPLOYMENT ARE FEDERAL EMPLOYEES, IN THE RETIREMENT PROGRAM AND OTHER EMPLOYEE BENEFIT PROGRAMS OF THE FEDERAL GOVERNMENT.'

5 U.S.C. 6303 (A) ALSO REFERRED TO IN YOUR LETTER IS IN PART AS FOLLOWS:

"* * * IN DETERMINING YEARS OF SERVICE, AN EMPLOYEE IS ENTITLED TO CREDIT FOR ALL SERVICE CREDITABLE UNDER SECTION 8332 OF THIS TITLE FOR THE PURPOSE OF AN ANNUITY UNDER SUBCHAPTER III OF CHAPTER 83 OF THIS TITLE.

AS YOU POINT OUT THE SERVICE WITH THE APPALACHIAN REGIONAL COMMISSION IS NOT SERVICE CREDITABLE FOR RETIREMENT PURPOSES UNDER SECTION 8332 OF TITLE 5, U.S.C. SINCE IT IS NOT GOVERNMENT SERVICE OR SERVICE WITH ANY NON- GOVERNMENT INSTITUTION WHICH IS SPECIFICALLY ENUMERATED IN SECTION 8332. THEREFORE, UNDER THE EXPRESS TERMS OF SECTION 6303 (A), QUOTED ABOVE, SERVICE WITH THE APPALACHIAN REGIONAL COMMISSION WOULD NOT BE CREDITABLE IN DETERMINING AN EMPLOYEE'S ANNUAL LEAVE EARNING CATEGORY. COMPARE 40 COMP. GEN. 412. ACCORDINGLY, YOUR QUESTION IS ANSWERED IN THE NEGATIVE.