A retired officer of the United States Marine Corps, who has been employed by the American National Red Cross, asked whether he will be subject to the provision of the Dual Compensation Act if he accepts a transfer within the Red Cross to a job position that is reimbursable by the federal government on an annual basis. GAO believes that of prime importance in this instance is the term "position" as used in the Dual Compensation Act. Using this definition, it appears that the officer is not affected by the Dual Compensation Act since the position to which the retired officer is transferring is with the American Red Cross, and that organization remains his employer and pays his salary. Furthermore, he is not affected even if the Red Cross receives funds from the federal government in reimbursement for the position.
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