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[Deduction of Retired or Retainer Pay]

B-212046 Jan 23, 1984
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Highlights

A decision was requested concerning whether federal law requires that deductions of an amount equal to any increases in military retired or retainer pay be made from the federal civilian pay of members or former members of a uniformed service who hold positions in the Department of Agriculture's (USDA) Extension Service under the Smith-Lever Act. The employees involved hold joint federal-state appointments to establish cooperative agricultural extension programs in agricultural colleges. Although the grant funds for the projects originate with the federal government, once granted they are the funds of the recipients and, therefore, the employees in question receive state compensation for their civilian positions. Therefore, no deductions can properly be made, and USDA is not required to seek collection of an amount equivalent to the required federal civilian pay deductions from the employees involved.

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