B-164017, MAY 8, 1968

B-164017, MAY 8, 1968

TO MR. JOHN W. GROSART:

WE REFER TO YOUR LETTER OF MARCH 27, 1968, CONCERNING YOUR CLAIM FOR REFUND OF CIVIL SERVICE ANNUITY THAT WAS SUSPENDED WHEN YOU WERE HIRED AS AN EXPERT UNDER AN EMPLOYMENT CONTRACT.

YOU WERE ADVISED BY THE CIVIL SERVICE COMMISSION THAT THE GOVERNING REGULATIONS IN EFFECT DURING THE PERIOD OF YOUR EMPLOYMENT PROVIDED THAT THE ANNUITY OF A REEMPLOYED INVOLUNTARILY SEPARATED ANNUITANT COULD NOT BE PAID DURING THE TIME HIS REEMPLOYMENT WAS IN EFFECT. IN OTHER WORDS INSTEAD OF YOUR COMPENSATION BEING REDUCED YOUR ANNUITY WAS SUSPENDED DURING YOUR PERIOD OF EMPLOYMENT. THE CIVIL SERVICE COMMISSION IS THE AGENCY OF THE GOVERNMENT CHARGED WITH THE ADMINISTRATION OF THE CIVIL SERVICE RETIREMENT SYSTEM AND IS DIRECTED TO ADJUDICATE ALL CLAIMS ARISING UNDER THE CIVIL SERVICE RETIREMENT ACT. THE GENERAL ACCOUNTING OFFICE HAS NO REVIEW JURISDICTION OVER ADJUDICATIONS MADE BY THE CIVIL SERVICE COMMISSION UNDER THAT ACT. IN THE BOYLE CASE CLAIM WAS MADE FOR DEDUCTIONS FROM THE PLAINTIFF'S COMPENSATION AND NOT FOR ANNUITIES WITHHELD.

FURTHERMORE, EVEN IF YOUR CLAIM WAS WITHIN OUR JURISDICTION, WE WOULD BE BARRED FROM CONSIDERING IT UNDER THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, WHICH PROHIBITS CONSIDERATION BY THE GENERAL ACCOUNTING OFFICE OF CLAIMS FILED LATER THAN 10 FULL YEARS AFTER THE DATE SUCH CLAIMS FIRST ACCRUED.

THE PAPERS SUBMITTED WITH YOUR CLAIM ARE RETURNED HEREWITH AS REQUESTED.