B-146702, NOV. 5, 1964

B-146702: Nov 5, 1964

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ASKS WHETHER WE ARE STILL INTERESTED IN HAVING GUIDELINES INCLUDED IN THE FEDERAL PERSONNEL MANUAL TO ASSIST IN OVERCOMING THE DIFFICULTIES ENCOUNTERED IN CONNECTION WITH THE DUAL EMPLOYMENT AND DUAL- COMPENSATION LAWS NOW THAT THE DUAL COMPENSATION ACT. THIS MATTER WAS THE SUBJECT OF OUR LETTER OF DECEMBER 19. UPON WHICH THE GUIDELINES WERE BEING DEVELOPED. IN VIEW OF THE SHORT PERIOD OF TIME UNTIL THE REPEALS WILL BE EFFECTIVE WE DO NOT BELIEVE JUSTIFICATION EXISTS FROM EITHER A SERVICE OR COST POINT OF VIEW FOR NOW COMPLETING AND PUBLISHING SUCH GUIDELINES. CERTAIN QUESTIONS WERE RAISED INVOLVING THE PROVISIONS OF SUBSECTION 201/F). COPY OF THAT DECISION IS ENCLOSED FOR YOUR INFORMATION.

B-146702, NOV. 5, 1964

TO THE HONORABLE JOHN W. MACY, JR., CHAIRMAN UNITED STATES CIVIL SERVICE COMMISSION:

BY LETTER OF SEPTEMBER 16, 1964, REFERENCE PIR:FWM:RGR PR-335, MR. JOHN W. STEELE, CHIEF, PROGRAM SYSTEMS AND INSTRUCTIONS DIVISION, CIVIL SERVICE COMMISSION, ASKS WHETHER WE ARE STILL INTERESTED IN HAVING GUIDELINES INCLUDED IN THE FEDERAL PERSONNEL MANUAL TO ASSIST IN OVERCOMING THE DIFFICULTIES ENCOUNTERED IN CONNECTION WITH THE DUAL EMPLOYMENT AND DUAL- COMPENSATION LAWS NOW THAT THE DUAL COMPENSATION ACT, PUB.L. 88-448, 78 STAT. 484, HAS BEEN ENACTED. THIS MATTER WAS THE SUBJECT OF OUR LETTER OF DECEMBER 19, 1961, TO YOU AND OUR LETTER OF JULY 19, 1963, TO MR. STEELE.

SECTION 402, 78 STAT. 492, OF THE FOREGOING PUBLIC LAW REPEALS, EFFECTIVE DECEMBER 1, 1964, AMONG OTHERS, THE THREE MAJOR DUAL EMPLOYMENT AND DUAL- COMPENSATION LAWS, I.E., 5 U.S.C. 58, 59A AND 62, UPON WHICH THE GUIDELINES WERE BEING DEVELOPED. IN VIEW OF THE SHORT PERIOD OF TIME UNTIL THE REPEALS WILL BE EFFECTIVE WE DO NOT BELIEVE JUSTIFICATION EXISTS FROM EITHER A SERVICE OR COST POINT OF VIEW FOR NOW COMPLETING AND PUBLISHING SUCH GUIDELINES.

IN B-155184, OCTOBER 5, 1964, CERTAIN QUESTIONS WERE RAISED INVOLVING THE PROVISIONS OF SUBSECTION 201/F), 78 STAT. 485, OF THE NEW DUAL COMPENSATION ACT. COPY OF THAT DECISION IS ENCLOSED FOR YOUR INFORMATION. IN B-155251 WE ARE NOW CONSIDERING THE QUESTION OF WHETHER RETIRED ENLISTED MEMBERS DRAWING OFFICER RETIRED PAY BUT WHO ARE NOT SUBJECT TO 5 U.S.C. 62 ARE COVERED BY THE PROVISIONS OF SUBSECTION 201/A), 78 STAT. 484. ALSO IN B-155248 WE ARE CONSIDERING SEVERAL QUESTIONS CONCERNING THE PROVISIONS OF SUBSECTIONS 201/A), (C) AND (D), 78 STAT. 484, 485.

SO FAR AS THE DEVELOPMENT OF GUIDELINES UNDER THE NEW LAW OUR OPINION IS THAT THE NECESSITY THEREFOR IS NOT READILY APPARENT AT THIS TIME.

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