B-130134, MAY 13, 1957
Highlights
YOU ARE INFORMED THAT THE FACT YOU ARE ENTITLED TO RECEIVE MILITARY RETIRED PAY AS A RESERVIST UNDER THE ACT OF JUNE 29. HAS NO BEARING UPON YOUR CLAIM FOR REFUND OF THE AMOUNT OF YOUR CIVIL SERVICE ANNUITY WHICH WAS DEDUCTED FROM YOUR CIVILIAN SALARY UNDER A DIFFERENT AND UNRELATED STATUTE APPLICABLE TO ALL REEMPLOYED ANNUITANTS UNDER THE CIVIL SERVICE RETIREMENT ACT. YOUR CLAIM APPEARS TO BE FOR AN AMOUNT EQUAL TO THE CIVIL SERVICE ANNUITY DEDUCTED IN ACCORDANCE WITH THE ABOVE QUOTED STATUTORY PROVISION FROM YOUR CIVILIAN COMPENSATION AND AS IT WAS PROPERLY DEDUCTED PURSUANT TO LAW NO REFUND THEREOF IS AUTHORIZED. DISALLOWING YOUR CLAIM APPEARS PROPER AND IS SUSTAINED. THE PAPERS FORWARDED WITH YOUR SEVERAL CLAIMS HAVE BECOME PART OF THE OFFICIAL RECORDS UPON WHICH THE SETTLEMENTS OF OUR OFFICE ARE BASED AND THEREFOR.
B-130134, MAY 13, 1957
TO MR. MORRIS M. ORR:
IN REPLY TO YOUR LETTER OF MARCH 12, 1957, YOU ARE INFORMED THAT THE FACT YOU ARE ENTITLED TO RECEIVE MILITARY RETIRED PAY AS A RESERVIST UNDER THE ACT OF JUNE 29, 1948, 62 STAT. 1087, AS DECIDED IN TANNER V. UNITED STATES, 129 C.CLS. 792, CONCURRENTLY WITH THE COMPENSATION OF YOUR CIVILIAN POSITION, HAS NO BEARING UPON YOUR CLAIM FOR REFUND OF THE AMOUNT OF YOUR CIVIL SERVICE ANNUITY WHICH WAS DEDUCTED FROM YOUR CIVILIAN SALARY UNDER A DIFFERENT AND UNRELATED STATUTE APPLICABLE TO ALL REEMPLOYED ANNUITANTS UNDER THE CIVIL SERVICE RETIREMENT ACT.
SUBSECTION 2/B) OF THE CIVIL SERVICE RETIREMENT ACT, AS AMENDED BY THE ACT OF FEBRUARY 28, 1948, PROVIDES THAT WHEN A CIVILIAN EMPLOYEE OVER 60 YEARS OF AGE HAS BEEN RETIRED HE MAY BE REEMPLOYED ONLY IF HE POSSESSES SPECIAL QUALIFICATIONS AND WHEN SO REEMPLOYED "THERE SHALL BE DEDUCTED FROM HIS SALARY, PAY, OR COMPENSATION OTHERWISE PAYABLE A SUM EQUAL TO THE RETIREMENT ANNUITY ALLOCABLE TO THE PERIOD OF ACTUAL EMPLOYMENT.'
YOUR CLAIM APPEARS TO BE FOR AN AMOUNT EQUAL TO THE CIVIL SERVICE ANNUITY DEDUCTED IN ACCORDANCE WITH THE ABOVE QUOTED STATUTORY PROVISION FROM YOUR CIVILIAN COMPENSATION AND AS IT WAS PROPERLY DEDUCTED PURSUANT TO LAW NO REFUND THEREOF IS AUTHORIZED. THE SETTLEMENT OF MARCH 7, 1957, DISALLOWING YOUR CLAIM APPEARS PROPER AND IS SUSTAINED.
THE PAPERS FORWARDED WITH YOUR SEVERAL CLAIMS HAVE BECOME PART OF THE OFFICIAL RECORDS UPON WHICH THE SETTLEMENTS OF OUR OFFICE ARE BASED AND THEREFOR, THEY MAY NOT BE RETURNED TO YOU. SEE ..END :