B-58911, B-177806, MAR 11, 1974, 53 COMP GEN 654

B-177806,B-58911 March 11, 1974
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Summary

RETIREMENT - CIVILIAN - REEMPLOYED ANNUITANT - ANNUITY DEDUCTION - MANDATORY A RETIRED ANNUITANT WHO IS A MEMBER OF THE TECHNOLOGY ASSESSMENT ADVISORY COUNCIL IS NOT EXEMPT FROM THE REQUIREMENTS OF 5 U.S.C. 8344(A) THAT AN AMOUNT EQUAL TO THE ANNUITY ALLOCABLE TO A PERIOD OF EMPLOYMENT BE DEDUCTED FROM THE PAY OF AN ANNUITANT. OPERATES TO LIMIT THE AMOUNT OF PAY FIXED FOR MEMBERS AND THAT FIXED RATE MAY NOT VARY BECAUSE A COUNCIL MEMBER WILL RECEIVE LESS PAY BY VIRTUE OF THE RESTRICTION IN 5 U.S.C. 8344(A). (2 U.S.C. 471 NOTE) SUBMITS FOR DECISION THE QUESTION WHETHER A CIVIL SERVICE ANNUITANT WHO IS APPOINTED AS ONE OF THE TEN PUBLIC MEMBERS OF THE TECHNOLOGY ASSESSMENT ADVISORY COUNCIL IS SUBJECT TO THE PROVISION IN 5 U.S.C. 8344(A) REQUIRING THAT THE PAY OF A REEMPLOYED ANNUITANT BE REDUCED BY THE AMOUNT OF HIS ANNUITY.