B-63909, JUNE 6, 1947, 26 COMP. GEN. 912

B-63909: Jun 6, 1947

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IS AUTHORIZED BY SECTION 6 OF THE 1939 ACT TO BE COUNTED IN COMPUTING LENGTH OF SERVICE FOR PURPOSES OF RETIREMENT IN THE COAST GUARD. HAVE BEEN COMPLETED. WHICH IS TO BE COMPUTED ON THE BASIS OF THE . 1947: REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 14. REQUESTING DECISION AS TO WHETHER FORMER LIGHTHOUSE SERVICE EMPLOYEES WHO WERE APPOINTED OR COMMISSIONED IN THE COAST GUARD PURSUANT TO THE PROVISIONS OF THE ACT OF AUGUST 5. WITH SERVICE WHICH WAS CREDITABLE TOWARD RETIREMENT UNDER SECTION 6 OF THE ACT OF JUNE 20. IN DETERMINING WHETHER PERSONNEL OF THE COAST GUARD HAVE COMPLETED "MORE THAN 20 YEARS OF ACTIVE SERVICE" UNDER SECTION 6 OF THE ACT. ARE AS FOLLOWS: THE BILL THAT BECAME PUBLIC LAW 305 WAS DRAFTED PRIMARILY FROM THE POINT OF VIEW OF THE NAVY AND MARINE CORPS.

B-63909, JUNE 6, 1947, 26 COMP. GEN. 912

RETIREMENT - COAST GUARD OFFICERS FORMERLY EMPLOYEES OF LIGHTHOUSE SERVICE CIVILIAN SERVICE OF FORMER LIGHTHOUSE SERVICE EMPLOYEES APPOINTED OR COMMISSIONED IN THE COAST GUARD PURSUANT TO THE ACT OF AUGUST 5, 1939-- WHICH SERVICE, BEING COMPUTABLE FOR CIVILIAN RETIREMENT UNDER SECTION 6 OF THE ACT OF JUNE 20, 1918, AS AMENDED, IS AUTHORIZED BY SECTION 6 OF THE 1939 ACT TO BE COUNTED IN COMPUTING LENGTH OF SERVICE FOR PURPOSES OF RETIREMENT IN THE COAST GUARD--- MAY BE COUNTED IN DETERMINING WHETHER THE "MORE THAN 20 YEARS OF ACTIVE SERVICE" REQUIRED FOR ELIGIBILITY FOR COAST GUARD RETIREMENT UNDER SECTION 6 OF THE ACT OF FEBRUARY 21, 1946, HAVE BEEN COMPLETED. CIVILIAN SERVICE OF FORMER LIGHTHOUSE SERVICE EMPLOYEES APPOINTED OR COMMISSIONED IN THE COAST GUARD PURSUANT TO THE ACT OF AUGUST 5, 1939, MAY NOT BE CREDITED IN COMPUTING RETIRED PAY UNDER SECTIONS 7 (A) AND 9 OF THE ACT OF FEBRUARY 21, 1946, WHICH IS TO BE COMPUTED ON THE BASIS OF THE ,NUMBER OF YEARS OF SERVICE FOR WHICH ENTITLED TO CREDIT IN THE COMPUTATION OF * * * PAY WHILE ON ACTIVE DUTY"--- SUCH CIVILIAN SERVICE, ALTHOUGH CREDITABLE IN DETERMINING ELIGIBILITY FOR RETIREMENT UNDER SECTION 6 OF THE 1946 ACT, NOT BEING CREDITABLE FOR ACTIVE-DUTY PAY PURPOSES.

ASSISTANT COMPTROLLER GENERAL YATES TO THE SECRETARY OF THE TREASURY, JUNE 6, 1947:

REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 14, 1947, REQUESTING DECISION AS TO WHETHER FORMER LIGHTHOUSE SERVICE EMPLOYEES WHO WERE APPOINTED OR COMMISSIONED IN THE COAST GUARD PURSUANT TO THE PROVISIONS OF THE ACT OF AUGUST 5, 1939, 53 STAT. 1216, MAY BE CREDITED, IN COMPUTING RETIRED PAY UNDER THE PROVISIONS OF SECTION 9 OF PUBLIC LAW 305 APPROVED FEBRUARY 21, 1946, 60 STAT. 28, WITH SERVICE WHICH WAS CREDITABLE TOWARD RETIREMENT UNDER SECTION 6 OF THE ACT OF JUNE 20, 1918, 40 STAT. 608, AS AMENDED, 33 U.S.C. 763, AS AUTHORIZED UNDER SECTION 6 OF THE ACT OF AUGUST 5, 1939; AND, ALSO, WHETHER PRIOR CIVILIAN SERVICE IN THE LIGHTHOUSE SERVICE MAY BE COUNTED IN DETERMINING WHETHER AN OFFICER HAS COMPLETED "MORE THAN 20 YEARS OF ACTIVE SERVICE IN THE NAVY, MARINE CORPS AND COAST GUARD" REQUIRED TO ESTABLISH ELIGIBILITY FOR RETIREMENT UNDER SECTION 6 OF THE SAID ACT OF FEBRUARY 21, 1946.

THE REASONS ADVANCED BY THE COAST GUARD IN SUPPORT OF THE VIEW THAT CIVILIAN SERVICE IN THE LIGHTHOUSE SERVICE MAY BE COUNTED IN COMPUTING RETIRED PAY UNDER SECTION 9 OF THE ACT OF FEBRUARY 21, 1946, AND IN DETERMINING WHETHER PERSONNEL OF THE COAST GUARD HAVE COMPLETED "MORE THAN 20 YEARS OF ACTIVE SERVICE" UNDER SECTION 6 OF THE ACT, ARE AS FOLLOWS:

THE BILL THAT BECAME PUBLIC LAW 305 WAS DRAFTED PRIMARILY FROM THE POINT OF VIEW OF THE NAVY AND MARINE CORPS, AND IT SEEMS EVIDENT THAT THIS IS REFLECTED IN THE LANGUAGE USED IN SECTION 9 THAT PROVIDES, WITH RESPECT TO CREDITABLE SERVICE,"THE NUMBER OF YEARS OF SERVICE FOR WHICH ENTITLED TO CREDIT IN THE COMPUTATION OF HIS PAY WHILE ON ACTIVE DUTY.' IT IS CONCEDED THAT PRIOR SERVICE IN THE LIGHTHOUSE SERVICE HAS NOT ENTITLED THOSE PERSONS TO CREDIT IN THE COMPUTATION OF PAY WHILE ON ACTIVE DUTY. HOWEVER, SECTION 10, WHICH ASSIMILATES THE PROVISIONS OF PUBLIC LAW 305 TO THE COAST GUARD, CONTAINS THE SIGNIFICANT CLAUSE, "EXCEPT AS MAY BE NECESSARY TO ADAPT THE SAME THERETO.' THIS PROVISION SEEMS OBVIOUSLY DESIGNED TO TAKE ACCOUNT OF AND GIVE EFFECT TO CONDITIONS IN THE COAST GUARD THAT MAY DIFFER FROM THOSE IN THE NAVY OR MARINE CORPS, INCLUDING DIFFERING PROVISIONS OF LAW APPLICABLE TO ELIGIBILITY TO RETIREMENT, OR CREDITING OF SERVICE THEREFOR. APPARENTLY IN THE NAVY AND MARINE CORPS, INCLUDING DIFFERING PROVISIONS OF LAW APPLICABLE TO ELIGIBILITY TO RETIREMENT, OR CREDITING OF SERVICE THEREFOR. APPARENTLY IN THE NAVY AND MARINE CORPS SERVICE WHICH ENTITLES TO CREDIT IN THE COMPUTATION OF PAY WHILE ON ACTIVE DUTY EMBRACES ALL THE SERVICE THAT IS CREDITABLE FOR RETIREMENT UNDER OTHER PROVISIONS OF LAW; HENCE THE LANGUAGE SO PROVIDING IN SECTION 9 MEANS, IN EFFECT, CREDIT FOR SERVICE OTHERWISE APPLICABLE FOR RETIREMENT. GIVING ITS CONSTRUCTION TO SAID LANGUAGE AS APPLIED TO THE COAST GUARD, IN THE LIGHT OF THE SPECIAL PHRASE QUOTED ABOVE, THERE WOULD BE FOR CREDIT APPLICABLE SERVICE IN THE FORMER LIGHTHOUSE SERVICE UNDER THE PROVISIONS OF U.S.C. TITLE 14, SEC. 180.

THE WORDS IN U.S.C. TITLE 14, SEC. 180,"FOR THE PURPOSE OF RETIREMENT IN THE COAST GUARD," EVIDENTLY EMBRACE RETIREMENT UNDER ANY PROVISION OF LAW APPLICABLE TO THE RETIREMENT OF MILITARY PERSONNEL OF THAT SERVICE, AND WOULD SEEM TO BE SUSCEPTIBLE OF PROSPECTIVE AS WELL AS RETROSPECTIVE APPLICATION. IT IS HARDLY CONCEIVABLE THAT CONGRESS, AFTER HAVING MADE PROVISION IN THE ACT OF AUGUST 5, 1939, FOR CREDITING FORMER LIGHTHOUSE SERVICE (COMPUTABLE UNDER SECTION 763 OF TITLE 33, AS AMENDED AND SUPPLEMENTED) TOWARD RETIREMENT IN THE COAST GUARD, INTENDED TO TAKE AWAY THIS PROVISION IN RESPECT TO THE BENEFITS PROVIDED IN PUBLIC LAW 305 OF FEBRUARY 21, 1946.

THERE IS A SIMILAR QUESTION INVOLVED IN THE CONSTRUCTION OF SECTION 6 OF SAID PUBLIC LAW 305. IN DETERMINING SERVICE CREDITS OF OFFICERS OF THE COAST GUARD THEREUNDER, AS AFFECTED BY THE PROVISIONS OF SECTION 10 OF THE ACT, PARTICULARLY THE CLAUSE "EXCEPT AS MAY BE NECESSARY TO ADAPT THE SAME THERETO," THERE WOULD SEEM TO BE REQUIRED THE SAME CONSTRUCTION AS GIVEN TO SAID CLAUSE UNDER SECTION 9 OF THE ACT, AS DISCUSSED ABOVE, IN THE CASE OF THOSE OFFICERS HAVING PRIOR LIGHTHOUSE SERVICE COMPUTABLE IN ACCORDANCE WITH U.S.C. TITLE 14, SEC. 180. AS RESPECTS OFFICERS OF THE COAST GUARD THE WORDS "ACTIVE SERVICE IN THE * * * COAST GUARD" WOULD SEEM TO CONTEMPLATE ANY SERVICE CREDITABLE FOR RETIREMENT IN THE COAST GUARD. YOUR DECISION DATED SEPTEMBER 18, 1946, B-58738, HOLDING THAT, UNDER SECTION 6 OF PUBLIC LAW 305, CIVILIAN SERVICE IN THE FORMER LIGHTHOUSE SERVICE, CREDITABLE FOR RETIREMENT PURPOSES UNDER SECTION 6 OF THE ACT OF AUGUST 5, 1939, DID NOT CONSTITUTE "COMMISSIONED SERVICE," IT WAS NOT SUGGESTED THAT SUCH FORMER SERVICE IN THE LIGHTHOUSE SERVICE WAS NOT CREDITABLE TO MAKE UP THE AGGREGATE TWENTY YEARS OF SERVICE REQUIRED BY SECTION 6 OF PUBLIC LAW 305, ALTHOUGH THIS POINT HAD NOT BEEN RAISED.

SECTIONS 6, 7 (A), 9 AND 10 OF PUBLIC LAW 305, APPROVED FEBRUARY 21, 1946, 60 STAT. 27, 28, 29, PROVIDE IN PERTINENT PART AS FOLLOWS:

SEC. 6. WHEN ANY OFFICER OF THE REGULAR NAVY OR THE REGULAR MARINE CORPS OR THE RESERVE COMPONENTS THEREOF HAS COMPLETED MORE THAN TWENTY YEARS OF ACTIVE SERVICE IN THE NAVY, MARINE CORPS, OR COAST GUARD, OR THE RESERVE COMPONENTS THEREOF, INCLUDING ACTIVE DUTY FOR TRAINING, AT LEAST TEN YEARS OF WHICH SHALL HAVE BEEN ACTIVE COMMISSIONED SERVICE, HE MAY AT ANY TIME THEREAFTER, UPON HIS OWN APPLICATION, IN THE DISCRETION OF THE PRESIDENT, BE PLACED UPON THE RETIRED LIST ON THE FIRST DAY OF SUCH MONTH AS THE PRESIDENT MAY DESIGNATE.

SEC. 7. (A) EACH OFFICER RETIRED PURSUANT TO THE FOREGOING SECTIONS OF THIS ACT SHALL BE PLACED ON THE RETIRED LIST WITH THE HIGHEST RANK, PERMANENT OR TEMPORARY, HELD BY HIM WHILE ON ACTIVE DUTY, IF HIS PERFORMANCE OF DUTY IN SUCH RANK AS DETERMINED BY THE SECRETARY OF THE NAVY HAS BEEN SATISFACTORY. IN ANY CASE WHERE, AS DETERMINED BY THE SECRETARY OF THE NAVY, ANY SUCH OFFICER HAS NOT PERFORMED SATISFACTORY DUTY IN THE HIGHEST RANK HELD BY HIM WHILE ON ACTIVE DUTY, HE SHALL BE PLACED ON THE RETIRED LIST WITH THE NEXT LOWER RANK IN WHICH HE HAS SERVED BUT NOT LOWER THAN HIS PERMANENT RANK. OFFICERS RETIRED PURSUANT TO THE FOREGOING SECTIONS OF THIS ACT SHALL RECEIVE RETIRED PAY AT THE RATE OF 2 1/2 PERCENTUM OF THE ACTIVE DUTY PAY WITH LONGEVITY CREDIT OF THE RANK WITH WHICH RETIRED, MULTIPLIED BY THE NUMBER OF YEARS OF SERVICE FOR WHICH ENTITLED TO CREDIT IN THE COMPUTATION OF THEIR PAY WHILE ON ACTIVE DUTY, NOT TO EXCEED A TOTAL OF 75 PERCENTUM OF SAID ACTIVE-DUTY PAY * * *.

SEC. 9. WHEN ANY OFFICER OF THE REGULAR NAVY OR MARINE CORPS SERVING IN A RANK BELOW THAT OF FLEET ADMIRAL HAS ATTAINED THE AGE OF SIXTY-TWO YEARS, HE SHALL BE PLACED UPON THE RETIRED LIST BY THE PRESIDENT WITH THE HIGHEST RANK, PERMANENT OR TEMPORARY, HELD BY HIM WHILE ON ACTIVE DUTY AND WITH RETIRED PAY AT THE RATE OF 2 1/2 PERCENTUM OF THE ACTIVE-DUTY PAY WITH LONGEVITY CREDIT OF THE RANK WITH WHICH RETIRED, MULTIPLIED BY THE NUMBER OF YEARS OF SERVICE FOR WHICH ENTITLED TO CREDIT IN THE COMPUTATION OF HIS PAY WHILE ON ACTIVE DUTY, NOT TO EXCEED A TOTAL OF 75 PERCENTUM OF SAID ACTIVE-DUTY PAY * * *.

SEC. 10. THE PROVISIONS OF THIS ACT, EXCEPT AS MAY BE NECESSARY TO ADAPT THE SAME THERETO, SHALL APPLY TO PERSONNEL OF THE COAST GUARD IN RELATIONSHIP TO THE COAST GUARD IN THE SAME MANNER AND TO THE SAME EXTENT AS THEY APPLY TO PERSONNEL OF THE NAVY IN RELATIONSHIP TO THE NAVY: PROVIDED, THAT WHEREVER AUTHORITY IS GIVEN TO THE SECRETARY OF THE NAVY, SIMILAR AUTHORITY SHALL BE DEEMED GIVEN TO THE SECRETARY OF THE TREASURY TO BE EXERCISED WITH RESPECT TO THE COAST GUARD AT SUCH TIME OR TIMES AS THE COAST GUARD SHALL BE OPERATING UNDER THE TREASURY DEPARTMENT * * *. ( ITALICS SUPPLIED.)

THE ACT OF AUGUST 5, 1939, 53 STAT. 1216, AUTHORIZED THE PRESIDENT TO EFFECT THE CONSOLIDATION OF THE LIGHTHOUSE SERVICE WITH THE COAST GUARD BY COMMISSIONING, APPOINTING OR ENLISTING IN THE COAST GUARD CERTAIN OFFICERS AND EMPLOYEES OF THE LIGHTHOUSE SERVICE. SECTION 6 OF THE ACT, 53 STAT. 1217, PROVIDES:

IN COMPUTING LENGTH OF SERVICE, FOR THE PURPOSE OF RETIREMENT IN THE COAST GUARD, OF ANY PERSON COMMISSIONED, APPOINTED, OR ENLISTED UNDER THE PROVISIONS OF THIS ACT, THERE SHALL BE INCLUDED ALL SERVICE COMPUTABLE FOR RETIREMENT UNDER THE PROVISIONS OF SECTION 6 OF THE ACT OF JUNE 20, 1918, AS AMENDED AND SUPPLEMENTED. SECTION 6 OF THE ACT OF JUNE 20, 1918, 40 STAT. 608, AS AMENDED, 33 U.S.C. 763, SO REFERRED TO, AUTHORIZES CERTAIN EMPLOYEES OF THE LIGHTHOUSE SERVICE, UPON COMPLETING THIRTY YEARS IN THE ACTIVE SERVICE OF THE GOVERNMENT, TO BE RETIRED WITH THE ANNUAL COMPENSATION PROVIDED THEREIN.

THE PROVISION IN SECTION 6 OF THE ACT OF AUGUST 5, 1939, THUS AUTHORIZES CERTAIN PRIOR CIVILIAN SERVICE TO BE CREDITED IN COMPUTING "LENGTH OF SERVICE" FOR RETIREMENT IN THE COAST GUARD, IN THE PERSONS COMMISSIONED, APPOINTED OR ENLISTED THEREIN PURSUANT TO THAT ACT, AND SUCH PROVISION APPEARS SUFFICIENTLY BROAD TO PERMIT THE INCLUSION OF SUCH PRIOR CIVILIAN SERVICE IN DETERMINING WHETHER "OFFICERS" OF THE COAST GUARD, WHO CAME INTO THE COAST GUARD UNDER THE SAID 1939 ACT, HAVE COMPLETED "MORE THAN TWENTY YEARS OF ACTIVE SERVICE" SO AS TO ESTABLISH ELIGIBILITY FOR RETIREMENT UNDER SECTION 6 OF THE ACT OF FEBRUARY 21, 1946.

SECTIONS 7 (A) AND 9 OF THE 1946 ACT, SUPRA, PROVIDE, HOWEVER, THAT OFFICERS RETIRED UNDER THE PROVISIONS OF SECTIONS 6 AND 9 SHALL BE PLACED ON THE RETIRED LIST WITH RETIRED PAY AT THE RATE OF 2 1/2 PERCENTUM OF THE ACTIVE DUTY PAY OF THE RANK WITH WHICH RETIRED "MULTIPLIED BY THE NUMBER OF YEARS OF SERVICE FOR WHICH ENTITLED TO CREDIT IN THE COMPUTATION OF THEIR PAY WHILE ON ACTIVE TY.' BUT, AS POINTED OUT IN YOUR LETTER, PERSONNEL OF THE COAST GUARD WHO WERE APPOINTED OR ENLISTED THEREIN PURSUANT TO THE ACT OF AUGUST 5, 1939, ARE NOT ENTITLED, IN THE COMPUTATION OF THEIR PAY WHILE ON ACTIVE DUTY, TO CREDIT FOR PRIOR CIVILIAN SERVICE IN THE FORMER LIGHTHOUSE SERVICE. IN THAT CONNECTION, SEE H.R. 239, INTRODUCED IN THE HOUSE OF REPRESENTATIVES JANUARY 3, 1947, WHICH WOULD AMEND SECTION 6 OF THE ACT OF AUGUST 5, 1939, SO AS TO AUTHORIZE PERSONS COMMISSIONED, APPOINTED OR ENLISTED IN THE COAST GUARD UNDER THAT ACT TO INCLUDE ALL SERVICE IN THE LIGHTHOUSE SERVICE "IN COMPUTING LONGEVITY, FOR THE PURPOSE OF PAY IN THE COAST GUARD.' ALTHOUGH SUCH PRIOR CIVILIAN SERVICE IS NOT NOW AUTHORIZED TO BE INCLUDED IN COMPUTING ACTIVE DUTY PAY IN THE COAST GUARD, IT IS SUGGESTED THAT THE PROVISION IN SECTION 10 OF THE 1946 ACT, EXTENDING THE PROVISIONS OF THE SAID ACT TO THE COAST GUARD,"EXCEPT AS MAY BE NECESSARY TO ADAPT THE SAME RETO," MAY BE VIEWED, NEVERTHELESS, AS PERMITTING FORMER LIGHTHOUSE SERVICE OFFICERS AND EMPLOYEES NOW IN THE COAST GUARD TO INCLUDE SUCH CIVILIAN SERVICE IN COMPUTING THEIR RETIRED PAY UNDER SECTIONS 7 (A) AND 9 OF THE ACT. THE BASIS FOR SUCH SUGGESTION APPEARS TO BE THAT SINCE, AS A MATTER OF FACT, OFFICERS OF THE NAVY AND MARINE CORPS, IN THE COMPUTATION OF THEIR PAY WHILE ON ACTIVE DUTY, AND HENCE, IN THE COMPUTATION OF THEIR RETIRED PAY UNDER SECTIONS 7 (A) AND 9 OF THE 1946 ACT, MAY INCLUDE AT LEAST ALL THEIR SERVICE THAT IS CREDITABLE IN DETERMINING ELIGIBILITY FOR RETIREMENT, IT WAS THE INTENT OF SUCH SECTIONS TO PERMIT THE INCLUSION OF ALL SUCH SERVICE AND, THEREFORE, IN ORDER TO "ADAPT" SUCH PROVISIONS TO PERSONNEL OF THE FORMER LIGHTHOUSE SERVICE NOW IN THE COAST GUARD, IT IS PERMISSIBLE TO VIEW THOSE SECTIONS AS AUTHORIZING THE COMPUTATION OF RETIRED PAY OF SUCH PERSONNEL ON THE BASIS OF THE NUMBER OF YEARS OF SERVICE CREDITABLE FOR RETIREMENT, ALTHOUGH NOT CREDITABLE FOR ACTIVE DUTY PAY, NOTWITHSTANDING THAT SUCH SECTIONS EXPRESSLY PROVIDE THAT RETIRED PAY IS TO BE BASED UPON A PERCENTAGE OF ACTIVE DUTY PAY MULTIPLIED BY "THE NUMBER OF YEARS OF SERVICE FOR WHICH ENTITLED TO CREDIT IN THE COMPUTATION OF THEIR PAY WHILE ON ACTIVE TY.'

WHILE IT MAY BE THAT OFFICERS OF THE NAVY AND MARINE CORPS, AS WELL AS OFFICERS OF THE COAST GUARD--- OTHER THAN THOSE TRANSFERRED THERETO FROM THE LIGHTHOUSE SERVICE--- RECEIVE CREDIT UNDER SECTION 7 (A) AND 9 OF THE ACT OF FEBRUARY 21, 1946, IN THE COMPUTATION OF RETIRED PAY, FOR AT LEAST THE NUMBER OF YEARS OF SERVICE THEY ARE ENTITLED TO COUNT IN ESTABLISHING ELIGIBILITY FOR RETIREMENT, IT IS TO BE NOTED THAT THE SERVICE FOR WHICH SUCH OFFICERS ARE ENTITLED TO CREDIT IN DETERMINING ELIGIBILITY FOR RETIREMENT UNDER SECTION 6 OF THE ACT, AND OTHER RETIREMENT STATUTES IS RESTRICTED TO "ACTIVE SERVICE" IN THE NAVY, MARINE CORPS OR COAST GUARD--- WHICH EXCLUDES CIVILIAN SERVICE IN THE GOVERNMENT--- WHEREAS IT IS ONLY BY REASON OF THE SPECIFIC PROVISION IN SECTION 6 OF THE ACT OF AUGUST 5, 1939, THAT A PARTICULAR CLASS OF OFFICERS OF THE COAST GUARD--- THOSE COMMISSIONED, APPOINTED OR ENLISTED IN THE COAST GUARD FROM THE LIGHTHOUSE SERVICE PURSUANT TO THE 1939 ACT--- ARE ENTITLED TO COUNT PRIOR CIVILIAN SERVICE IN THE LIGHTHOUSE SERVICE IN COMPUTING ,LENGTH OF SERVICE" FOR RETIREMENT IN THE COAST GUARD. HOWEVER THAT MAY BE, THE LANGUAGE OF SECTIONS 7 (A) AND 9 OF THE 1946 ACT IS EXPLICIT TO THE EFFECT THAT THE RETIRED PAY SHALL BE COMPUTED BY MULTIPLYING A PERCENTAGE OF THE ACTIVE DUTY PAY BY THE NUMBER OF YEARS OF SERVICE "FOR WHICH ENTITLED TO CREDIT IN THE COMPUTATION OF THEIR PAY WHILE ON ACTIVE DUTY.' TO SUBSTITUTE FOR THAT CLEAR AND UNEQUIVOCAL PROVISION A FORMULA WHEREBY THE MULTIPLIER WOULD BE THE NUMBER OF YEARS OF SERVICE CREDITABLE TOWARD RETIREMENT WOULD NOT BE TO "ADAPT" SUCH PROVISION TO THE COAST GUARD BUT WOULD BE TO ADOPT A RADICALLY DIFFERENT PROVISION, WITHOUT LEGISLATIVE SANCTION, FOR A PARTICULAR GROUP OF OFFICERS IN THE COAST GUARD. IT MAY BE, AS SUGGESTED IN YOUR LETTER, THAT THE EFFECT OF THE LEGISLATION ON THIS PARTICULAR GROUP OF OFFICERS WAS OVERLOOKED WHEN THE STATUTE WAS DRAFTED AND ENACTED. I BELIEVE YOU WILL AGREE, HOWEVER, THAT THE REMEDY FOR ANY SUCH OVERSIGHT LIES WITH THE CONGRESS AND NOT THE ACCOUNTING OFFICERS. ALSO, IT MAY BE NOTED THAT SECTION 7 OF THE SAID ACT OF AUGUST 5, 1939, 53 STAT. 1217, 14 U.S.C. 181, PROVIDES THAT UPON THE RETIREMENT FROM ACTIVE DUTY IN THE COAST GUARD OF ANY PERSON COMMISSIONED, APPOINTED OR ENLISTED THEREIN FROM THE LIGHTHOUSE SERVICE PURSUANT TO THAT ACT, HIS RETIRED PAY SHALL BE NOT LESS THAN AN ANNUITY COMPUTED IN ACCORDANCE WITH THE PROVISIONS OF SECTION 6 OF THE ACT OF JUNE 20, 1918, AS AMENDED, SUPRA, WHICH PROVIDES FOR ANNUITIES, OR RETIRED PAY, IN AMOUNTS UP TO 75 PERCENTUM, AFTER 30 YEARS' SERVICE, OF THE ANNUAL CIVILIAN COMPENSATION RECEIVED IN THE LIGHTHOUSE SERVICE.

IN VIEW OF THE FOREGOING IT MUST BE CONCLUDED THAT, NOTWITHSTANDING CERTAIN APPARENT EQUITIES IN FAVOR OF OFFICERS WHO WERE COMMISSIONED OR APPOINTED IN THE COAST GUARD PURSUANT TO THE 1939 ACT, THE RETIRED PAY OF SUCH OFFICERS, RETIRED UNDER THE 1946 ACT, IS REQUIRED TO BE COMPUTED ON THE BASIS OF THE "NUMBER OF YEARS OF SERVICE FOR WHICH ENTITLED TO CREDIT IN THE COMPUTATION OF THEIR PAY WHILE ON ACTIVE DUTY," AS EXPRESSLY SET FORTH IN SECTIONS 7 (A) AND 9 OF SUCH ACT, UNLESS ENTITLED TO A HIGHER RATE OF RETIRED PAY COMPUTED UNDER THE PROVISIONS OF THE SAVING CLAUSE IN SECTION 7 OF THE ACT OF AUGUST 5, 1939, SUPRA. ..END :