B-85307, NOVEMBER 10, 1949, 29 COMP. GEN. 222

B-85307: Nov 10, 1949

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WHO IS AUTHORIZED TO PARTICIPATE IN THE RESERVE PROGRAM AFTER THE AGE OF SIXTY YEARS. CONCERNING THE CASE OF AN OFFICER OF THE COAST GUARD RESERVE WHO IS SIXTY-ONE YEARS OF AGE AND WHO HAS COMPLETED ONLY EIGHTEEN OF THE TWENTY YEARS' SATISFACTORY FEDERAL SERVICE REQUIRED TO QUALIFY FOR RETIRED PAY UNDER THE PROVISIONS OF TITLE III OF THE ARMY AND AIR FORCE VITALIZATION AND RETIREMENT EQUALIZATION ACT OF 1948 ( PUBLIC LAW 810. IT WILL BE NOTED THAT THE ABOVE-QUOTED STATUTORY PROVISION REFERS GENERALLY TO ANY PERSON WHO. WHILE THE MATTER IS NOT ENTIRELY FREE FROM DOUBT. IF HE LEGALLY IS AUTHORIZED TO PARTICIPATE IN THE RESERVE PROGRAM AFTER REACHING SUCH AGE. THAT THE AGE OF SIXTY YEARS WAS FIXED MERELY AS THE MINIMUM AGE AT WHICH ENTITLEMENT TO RETIRED PAY WOULD ARISE.

B-85307, NOVEMBER 10, 1949, 29 COMP. GEN. 222

PAY - RETIRED - QUALIFYING FOR RETIRED PAY AFTER THE AGE OF SIXTY YEARS A MEMBER OF THE COAST GUARD RESERVE IN AN INACTIVE DUTY STATUS ON THE ACTIVE LIST OF THE RESERVE, WHO IS AUTHORIZED TO PARTICIPATE IN THE RESERVE PROGRAM AFTER THE AGE OF SIXTY YEARS, MAY EARN AND BE CREDITED WITH SATISFACTORY FEDERAL SERVICE FOR THE PURPOSE OF QUALIFYING FOR THE RETIRED PAY PROVIDED FOR IN SECTION 302 (A) OF THE ACT OF JUNE 29, 1948, AFTER PASSING HIS SIXTIETH BIRTHDAY AND BEFORE ATTAINING THE AGE OF SIXTY- FOUR YEARS.

ASSISTANT COMPTROLLER GENERAL YATES TO THE SECRETARY OF THE TREASURY, NOVEMBER 10, 1949:

CONSIDERATION HAS BEEN GIVEN YOUR LETTER OF MARCH 29, 1949, CONCERNING THE CASE OF AN OFFICER OF THE COAST GUARD RESERVE WHO IS SIXTY-ONE YEARS OF AGE AND WHO HAS COMPLETED ONLY EIGHTEEN OF THE TWENTY YEARS' SATISFACTORY FEDERAL SERVICE REQUIRED TO QUALIFY FOR RETIRED PAY UNDER THE PROVISIONS OF TITLE III OF THE ARMY AND AIR FORCE VITALIZATION AND RETIREMENT EQUALIZATION ACT OF 1948 ( PUBLIC LAW 810, APPROVED JUNE 29, 1948, 62 STAT. 1087). SINCE, UNDER SECTION 202 OF THE COAST GUARD AUXILIARY AND RESERVE ACT OF 1941, 55 STAT. 11, AS AMENDED, 14 U.S.C., SUPP. I, 302, AN INDIVIDUAL MAY REMAIN A MEMBER OF THE COAST GUARD RESERVE UNTIL HE REACHES THE AGE OF SIXTY-FOUR YEARS, YOU REQUEST DECISION AS TO WHETHER A MEMBER OF SUCH RESERVE WHILE IN AN INACTIVE STATUS OR WHILE ON ACTIVE DUTY MAY EARN AND BE CREDITED WITH SATISFACTORY FEDERAL SERVICE FOR RETIRED PAY PURPOSES UNDER THE SAID TITLE III AFTER PASSING HIS SIXTIETH BIRTHDAY AND BEFORE ATTAINING THE AGE OF SIXTY-FOUR YEARS.

SECTION 302 (A), TITLE III, OF THE SAID ACT OF JUNE 29, 1948, 62 STAT. 1087, PROVIDES, IN PERTINENT PART, AS FOLLOWS:

SEC. 302. (A) ANY PERSON WHO, UPON ATTAINING OR HAVING ATTAINED THE AGE OF SIXTY YEARS, HAS PERFORMED SATISFACTORY FEDERAL SERVICE AS DEFINED IN THIS SECTION IN THE STATUS OF A COMMISSIONED OFFICER, WARRANT OFFICER, FLIGHT OFFICER, OR ENLISTED PERSON IN THE ARMY OF THE UNITED STATES OR THE AIR FORCE OF THE UNITED STATES, INCLUDING THE RESPECTIVE RESERVE COMPONENTS THEREOF, AND ALSO INCLUDING THE FEDERALLY RECOGNIZED NATIONAL GUARD PRIOR TO 1933, THE UNITED STATES NAVY INCLUDING THE RESERVE COMPONENTS THEREOF, THE UNITED STATES MARINE CORPS, INCLUDING THE RESERVE COMPONENTS THEREOF, OR THE UNITED STATES COAST GUARD, INCLUDING THE RESERVE COMPONENTS THEREOF, AND HAS COMPLETED AN AGGREGATE OF TWENTY OR MORE YEARS OF SUCH SATISFACTORY SERVICE IN ANY OR ALL OF THE AFORESAID SERVICES, SHALL, UPON APPLICATION THEREFOR, BE GRANTED RETIRED PAY * * *.

IT WILL BE NOTED THAT THE ABOVE-QUOTED STATUTORY PROVISION REFERS GENERALLY TO ANY PERSON WHO, UPON ATTAINING OR "HAVING ATTAINED" THE AGE OF SIXTY YEARS, HAS COMPLETED AN AGGREGATE OF TWENTY OR MORE YEARS OF SATISFACTORY FEDERAL SERVICE. WHILE THE MATTER IS NOT ENTIRELY FREE FROM DOUBT, IT APPEARS THAT THE LANGUAGE USED RELATIVE TO PERSONS "HAVING ATTAINED" THE AGE OF SIXTY YEARS, PROPERLY MAY BE VIEWED AS INCLUDING A PERSON WHO HAS ATTAINED, OR ATTAINS, THAT AGE AND THEREAFTER COMPLETES THE REQUISITE SERVICE, IF HE LEGALLY IS AUTHORIZED TO PARTICIPATE IN THE RESERVE PROGRAM AFTER REACHING SUCH AGE, IT APPEARING, IN THAT CONNECTION, THAT THE AGE OF SIXTY YEARS WAS FIXED MERELY AS THE MINIMUM AGE AT WHICH ENTITLEMENT TO RETIRED PAY WOULD ARISE. THAT IS THE MORE REASONABLE CONCLUSION, AND THE CONCLUSION WHICH APPEARS TO BE MORE IN CONSONANCE WITH THE PURPOSE AND INTENT OF THE STATUTE. ACCORDINGLY, THE QUESTION PRESENTED IS ANSWERED IN THE AFFIRMATIVE, IT BEING ASSUMED THAT YOUR REFERENCE TO A MEMBER OF THE RESERVE IN AN INACTIVE STATUS RELATES TO A MEMBER IN AN INACTIVE STATUS ON THE ACTIVE LIST OF THE RESERVE AS DISTINGUISHED FROM A MEMBER PLACED ON SUCH INACTIVE STATUS LISTS AS MAY BE ESTABLISHED UNDER THE PROVISIONS OF SECTIONS 304 AND 308 OF THE ACT, 62 STAT. 1088 AND 1090, RESPECTIVELY.