[Request for Release of Funds From Judicial Survivors' Annuity Fund]

A GAO opinion was requested as to whether a district judge could withdraw funds from the Judicial Survivor's Annuity Fund and use them to reestablish his entitlement to a civil service annuity. Upon his appointment, the judge elected coverage under the Judicial Survivors' Annuity Reform Act. At that time, the eligibility of a judge for a civil service retirement annuity was doubtful. Thus, the judge accepted a lump-sum refund of his civil service retirement contributions, voiding his entitlement to a deferred civil service annuity. The judge used the refund to make necessary deposits under the Judicial Survivors' Annuity System which allowed him to credit years of prior Government service under those provisions. Congress subsequently passed an act, clarifying the rights of judicial officials to receive civil service retirement annuities and allowing judges who had withdrawn their credits to redeposit the funds. The judge sought authority to a refund and transfer of funds on the basis that he had received erroneous information from the Office of Personnel Management. GAO found that the judge's entitlement to a refund from the Judicial Survivors' Annuity Fund may not be predicated on a mutual mistake theory, but must be based either on a statutory provision in the act allowing a release of funds or a clear implication in the act that such a refund is authorized. There are no provisions for transfer of money between funds, and GAO found no authority within the act permitting such a refund. Moreover, GAO found no indication in the legislative history that permission for such a refund was the intent of Congress. Accordingly, GAO found that the judge's request must be denied.