B-168181, NOV. 18, 1969

B-168181: Nov 18, 1969

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

CONGRESSIONAL APPOINTMENT WHERE RETIRED OFFICER WAS EMPLOYED BY HOUSE OF REPRESENTATIVES MAR. 8. CLAIM FOR AMOUNT WITHHELD IS GRANTED. OFFICER'S EXTENSIVE INVESTIGATIVE QUALIFICATIONS WERE DETERMINING FACTORS IN HIS SELECTION. BECAUSE OF SUCH NEED IT WAS INTENDED THAT REQUEST FOR EXCEPTION WAS TO BE MADE AT TIME OF APPOINTMENT (MAR. 8. SPEAKER WOULD HAVE APPROVED REQUEST HAD IT BEEN MADE AT THAT TIME. WE UNDERSTAND THAT COLONEL MCMAHON WAS RETIRED AS A REGULAR OFFICER UNDER SECTION 8911 OF TITLE 10. THE RETIRED OFFICER'S PAY WAS REDUCED IN ACCORDANCE WITH 5 U.S.C. 5532 (B) AND (C) (2). THE AMOUNT SO WITHHELD IS THE AMOUNT FOR WHICH CLAIM IS HEREBY MADE BY COLONEL MCMAHON. THE SPEAKER OF THE HOUSE OF REPRESENTATIVES APPROVED AN EXCEPTION FOR COLONEL MCMAHON AND YOUR ONLY QUESTION IS WHETHER THAT EXCEPTION BECAME EFFECTIVE BACK TO THE DATE OF COLONEL MCMAHON'S APPOINTMENT TO THE POSITION IN THE HOUSE OR WHETHER IT BECAME EFFECTIVE ONLY WHEN ISSUED ON APRIL 1.

B-168181, NOV. 18, 1969

COMPENSATION--DOUBLE--CONCURRENT MILITARY RETIRED AND CIVILIAN SERVICE PAY--EXEMPTIONS--CONGRESSIONAL APPOINTMENT WHERE RETIRED OFFICER WAS EMPLOYED BY HOUSE OF REPRESENTATIVES MAR. 8, 1968 AT $13,004.49 ANNUALLY, REDUCTION OF HIS RETIRED PAY MAR. 8, 1968 AT $13,004.49 ANNUALLY, REDUCTION OF HIS RETIRED PAY COMMENCED APR. 7, 1968 IN ACCORDANCE WITH 5 U.S.C. 5532 (B) AND (C) (2), CONTINUING THROUGH MAR. 31, 1969, AND SPEAKER OF HOUSE APPROVED EXCEPTION FROM DUAL COMPENSATION RESTRICTION FOR HIM APR. 1, 1969, CLAIM FOR AMOUNT WITHHELD IS GRANTED, AND EXCEPTION MAY BE REGARDED AS EFFECTIVE FROM MAR. 8, 1968, BECAUSE AT TIME OF RETIRED OFFICER'S APPOINTMENT TO POSITION CRITICAL NEED EXISTED FOR EXCEPTIONALLY QUALIFIED INVESTIGATOR, AND OFFICER'S EXTENSIVE INVESTIGATIVE QUALIFICATIONS WERE DETERMINING FACTORS IN HIS SELECTION; BECAUSE OF SUCH NEED IT WAS INTENDED THAT REQUEST FOR EXCEPTION WAS TO BE MADE AT TIME OF APPOINTMENT (MAR. 8, 1968), AND SPEAKER WOULD HAVE APPROVED REQUEST HAD IT BEEN MADE AT THAT TIME.

TO MR. N. R. BRENINGSTALL:

WE REFER TO YOUR LETTER OF OCTOBER 3, 1969, ALRA, TRANSMITTED HERE ON OCTOBER 20, 1969, BY CHIEF, SPECIAL ACCOUNTS GROUP, DEPUTY ASSISTANT COMPTROLLER, ACCOUNTING AND FINANCE, WHEREIN YOU REQUEST A DECISION CONCERNING THE PROPRIETY OF PAYING A VOUCHER TRANSMITTED THEREWITH IN FAVOR OF LIEUTENANT COLONEL WILLIAM J. MCMAHON, USAF (RETIRED). THE AMOUNT STATED ON THE VOUCHER REPRESENTS REFUND OF AMOUNTS DEDUCTED FROM RETIRED PAY FOR THE PERIOD APRIL 7, 1968, THROUGH MARCH 31, 1969, AS REQUIRED UNDER 5 U.S.C. 5532.

WE UNDERSTAND THAT COLONEL MCMAHON WAS RETIRED AS A REGULAR OFFICER UNDER SECTION 8911 OF TITLE 10, U.S.C. ON JANUARY 31, 1968, AND ON MARCH 8, 1968, HE BECAME AN EMPLOYEE OF THE HOUSE OF REPRESENTATIVES AT AN ANNUAL SALARY OF $13,004.49. DURING THE FIRST 30 DAYS OF SUCH EMPLOYMENT THE AIR FORCE REGARDED THE EMPLOYMENT AS TEMPORARY BUT ON APRIL 7, 1968, THE RETIRED OFFICER'S PAY WAS REDUCED IN ACCORDANCE WITH 5 U.S.C. 5532 (B) AND (C) (2). THIS REDUCTION CONTINUED FROM APRIL 7, 1968, THROUGH MARCH 31, 1969, AND THE AMOUNT SO WITHHELD IS THE AMOUNT FOR WHICH CLAIM IS HEREBY MADE BY COLONEL MCMAHON. ON APRIL 1, 1969, THE SPEAKER OF THE HOUSE OF REPRESENTATIVES APPROVED AN EXCEPTION FOR COLONEL MCMAHON AND YOUR ONLY QUESTION IS WHETHER THAT EXCEPTION BECAME EFFECTIVE BACK TO THE DATE OF COLONEL MCMAHON'S APPOINTMENT TO THE POSITION IN THE HOUSE OR WHETHER IT BECAME EFFECTIVE ONLY WHEN ISSUED ON APRIL 1, 1969.

AT THE TIME OF COLONEL MCMAHON'S APPOINTMENT TO THE CONGRESSIONAL POSITION THERE WAS A CRITICAL NEED FOR AN EXCEPTIONALLY QUALIFIED INVESTIGATOR AND COLONEL MCMAHON'S EXTENSIVE INVESTIGATIVE EXPERIENCE AND QUALIFICATIONS WERE THE DETERMINING FACTORS FOR HIS SELECTION TO FILL THE VACANCY. WE UNDERSTAND THAT BECAUSE OF SUCH NEED IT WAS INTENDED THAT A REQUEST FOR AN EXCEPTION FROM THE DUAL COMPENSATION RESTRICTION WAS TO HAVE BEEN MADE AT THE TIME OF HIS APPOINTMENT ON MARCH 8, 1968. ALSO, WE HAVE BEEN INFORMED THAT THERE IS NO DOUBT BUT THAT THE SPEAKER WOULD HAVE APPROVED A REQUEST FOR AN EXCEPTION IN COLONEL MCMAHON'S CASE HAD IT BEEN MADE AT THE TIME OF THE APPOINTMENT.

IN VIEW OF ALL THE CIRCUMSTANCES APPEARING WE WILL NOT OBJECT IN THE INSTANT CASE TO THE EXCEPTION BEING EFFECTIVE FROM MARCH 8, 1968. ACCORDINGLY, THE VOUCHER WHICH IS RETURNED HEREWITH MAY BE PAID IF OTHERWISE CORRECT.