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The Dual Pay Statute states that an employee who is also a retired regular officer receives full civilian pay for the assigned position; however, retired pay is reduced to a set amount (the figure is adjusted based on Consumer Price Index changes each year) plus one-half of the remainder. In addition, it states that a reemployed civilian annuitant receives their full annuity; however, their civilian salary is normally reduced by the annuity amount.

The reduction in retired pay provision does not apply to a retired regular officer whose retirement was based on disability resulting from injury or disease received in the line of duty as a direct result of armed conflict, or caused by an instrumentality of war and incurred in the line of duty during a defined period of war. These dual compensation provisions also do not apply to retired reserve officers.
REF:
n Title 5 USC Ch 55;
n 5 CFR Ch 550
The Federal Employees Pay Comparability Act (FEPCA) permits the Office of Personnel Management to authorize retired military and civilians to be employed without loss of pay or annuity when such employment is needed to meet exceptional difficulty in recruiting or retaining qualified candidates for particular positions. The criteria for granting waivers of dual compensation under FEPCA are very stringent, therefore, use of this authority is very selective.



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Revised: 11/10/98
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