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Income Limitations for Reemployed Foreign Service Annuitants

B-195062 Jan 10, 1980
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Highlights

A question arose concerning the interpretation of the term "salary" in the Foreign Service Act as it relates to the income limitation for Foreign Service annuitants who are reemployed in the Federal Service. The question asked was whether salary earned during a year, but not received until the next year, should be applied in determining the limitation for the year in which the salary was received or the year in which it was earned. The annuitant to whom the question applied claimed that amounts which should have been paid to him in 1978, but were not paid because of a failure to process his appointment, should not be counted against the total salary he could earn in 1979 without forfeiting part of his retirement annuity. It was held that the purpose of the language was to ensure that the annuity a retired Foreign Service Officer may receive, when combined with the salary he is entitled to in any calender year, may not exceed his salary at retirement. It was the opinion of GAO that the limitation should apply to the year when the salary would normally be paid in the usual course of actions.

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