Legality of Revocation of Waiver of Military Retired Pay and Recomputation of Civil Service Annuity

A decision was requested questioning whether a civil service retiree who used his military service to establish eligibility for an annuity may revoke his waiver of military retired pay upon reaching age 62, have his military pay reinstated, and have his civil service annuity recomputed on the basis of civilian service only. Since the retiree reached the age at which he would have been eligible for the annuity based on civilian service only, he may have his civil service annuity recomputed. However, his waiver of military retired pay may not be revoked nor his military pay reinstated since that would constitute double benefits.