B-97262, OCTOBER 13, 1950, 30 COMP. GEN. 155

B-97262: Oct 13, 1950

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PAY - INACTIVE TRAINING DUTY - ARMY RESERVIST RECEIVING ANNUITY FROM FEDERAL CIVILIAN POSITION WHILE PAYMENT OF PAY AND ALLOWANCES TO ANY MEMBER OF THE ORGANIZED RESERVE CORPS WHO IS DRAWING A PENSION. OR RETIRED PAY FROM THE GOVERNMENT OF THE UNITED STATES IS SPECIFICALLY PROHIBITED BY SECTION 610 OF THE NATIONAL MILITARY ESTABLISHMENT APPROPRIATION ACT. REQUESTING DECISION AS TO WHETHER PAYMENT IS AUTHORIZED ON VOUCHERS SUBMITTED THEREWITH IN FAVOR OF LIEUTENANT COLONEL EDMUND J. IT IS SHOWN THAT LIEUTENANT COLONEL WRIGLEY FORMERLY WAS EMPLOYED BY THE TREASURY DEPARTMENT. HE WAS RETIRED UNDER SECTION 1 (D) OF THE CIVIL SERVICE RETIREMENT ACT OF MAY 29. IS IN RECEIPT OF AN ANNUITY. YOUR DOUBT AS TO WHETHER PAYMENT IS AUTHORIZED ON THE SUBMITTED VOUCHERS ARISES FROM A RESTRICTIVE POSITION IN SECTION 610 OF THE NATIONAL MILITARY ESTABLISHMENT APPROPRIATION ACT.

B-97262, OCTOBER 13, 1950, 30 COMP. GEN. 155

PAY - INACTIVE TRAINING DUTY - ARMY RESERVIST RECEIVING ANNUITY FROM FEDERAL CIVILIAN POSITION WHILE PAYMENT OF PAY AND ALLOWANCES TO ANY MEMBER OF THE ORGANIZED RESERVE CORPS WHO IS DRAWING A PENSION, RETIREMENT PAY, DISABILITY ALLOWANCE, DISABILITY COMPENSATION, OR RETIRED PAY FROM THE GOVERNMENT OF THE UNITED STATES IS SPECIFICALLY PROHIBITED BY SECTION 610 OF THE NATIONAL MILITARY ESTABLISHMENT APPROPRIATION ACT, 1950, THE PROHIBITION HAS REFERENCE ONLY TO THOSE TECHNICAL TERMS AS USED IN THE LAWS RELATING TO BENEFITS FOR PAST MILITARY SERVICE AS DISTINGUISHED FROM ANNUITIES OR SIMILAR BENEFITS FOR CIVILIAN SERVICE, SO THAT A MEMBER OF THE UNITED STATES ARMY RESERVE MAY RECEIVE PAY FOR INACTIVE TRAINING DUTY WHILE RECEIVING AN ANNUITY AS A RETIRED CIVILIAN EMPLOYEE.

ASSISTANT COMPTROLLER GENERAL YATES TO COLONEL J. E. ALLEN, DEPARTMENT OF THE ARMY, OCTOBER 13, 1950:

THERE HAS BEEN RECEIVED BY ENDORSEMENT DATED AUGUST 3, 1950, YOUR LETTER OF JULY 19, 1950, REQUESTING DECISION AS TO WHETHER PAYMENT IS AUTHORIZED ON VOUCHERS SUBMITTED THEREWITH IN FAVOR OF LIEUTENANT COLONEL EDMUND J. WRIGLEY, SR., SIGNAL CORPS, UNITED STATES ARMY RESERVE, FOR INACTIVE DUTY TRAINING PAY FOR THE PERIOD SEPTEMBER 1 TO DECEMBER 31, 1949.

IT IS SHOWN THAT LIEUTENANT COLONEL WRIGLEY FORMERLY WAS EMPLOYED BY THE TREASURY DEPARTMENT, BUREAU OF INTERNAL REVENUE, INTELLIGENCE UNIT; THAT ON NOVEMBER 30, 1948, HE WAS RETIRED UNDER SECTION 1 (D) OF THE CIVIL SERVICE RETIREMENT ACT OF MAY 29, 1930, AS AMENDED BY THE ACT OF FEBRUARY 28, 1948, 62 STAT. 48, AND IS IN RECEIPT OF AN ANNUITY. YOUR DOUBT AS TO WHETHER PAYMENT IS AUTHORIZED ON THE SUBMITTED VOUCHERS ARISES FROM A RESTRICTIVE POSITION IN SECTION 610 OF THE NATIONAL MILITARY ESTABLISHMENT APPROPRIATION ACT, 1950, 63 STAT. 1018, 1019. SAID SECTION PROVIDES, IN PERTINENT PART, AS FOLLOWS:

THE APPROPRIATIONS IN THIS ACT SHALL NOT BE AVAILABLE FOR THE PAY * * * OF ANY MEMBER OF THE * * * ORGANIZED RESERVE CORPS, FOR PERIODS OF ACTIVE DUTY, DRILLS, TRAINING, INSTRUCTION, OR OTHER DUTY FOR WHICH HE MAY BE ENTITLED TO RECEIVE COMPENSATION PURSUANT TO ANY PROVISIONS OF LAW, WHO MAY BE DRAWING A PENSION, RETIREMENT PAY, DISABILITY ALLOWANCE, DISABILITY COMPENSATION, OR RETIRED PAY * * * FROM THE GOVERNMENT OF THE UNITED STATES.

IN DECISION OF DECEMBER 13, 1940, 20 COMP. GEN. 313, THERE WAS CONSIDERED THE SIMILAR PROVISION APPEARING UNDER THE HEADING " NAVAL RESERVE" IN THE NAVAL APPROPRIATION ACT FOR THE FISCAL YEAR ENDING JUNE 30, 1941, 54 STAT. 270, AND IT WAS CONCLUDED THAT THE WORDS "PENSION, DISABILITY ALLOWANCE, DISABILITY COMPENSATION, OR RETIRED PAY," AS USED THEREIN HAD REFERENCE ONLY TO THOSE TECHNICAL TERMS AS USED IN THE LAWS RELATING TO BENEFITS FOR PAST MILITARY SERVICE. IT WAS HELD, THEREFORE, THAT SUCH PROVISION DID NOT PRECLUDE THE PAYMENT OF ACTIVE DUTY PAY AND ALLOWANCES TO A MEMBER OF THE NAVAL RESERVE, NOTWITHSTANDING THAT HE MIGHT ALSO BE RECEIVING SO- CALLED RETIRED PAY AS A RETIRED POLICEMAN OF THE DISTRICT OF COLUMBIA. COMPARE THE ACT OF SEPTEMBER 27, 1950, PUBLIC LAW 844, 64 STAT. 1067. THAT DECISION IS EQUALLY APPLICABLE HERE AND, ACCORDINGLY, THE VOUCHERS TRANSMITTED WITH YOUR LETTER ARE RETURNED HEREWITH, PAYMENT THEREOF BEING AUTHORIZED, IF THEY ARE OTHERWISE CORRECT.