CREDIT OF PRIOR MILITARY SERVICE RETIREMENT

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP84-00780R001400120061-9
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 3
• Document Creation Date: December 14, 2016
• Document Release Date: March 18, 2003
• Sequence Number: 61
• Publication Date: March 28, 1966
• Content Type: MFR

Approved For Release 2003/05/27 : CIA-RDP84-00780F0#4412
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MEMORANDUM FOR THE RECORD
UBJECT: Credit of Prior Military Service (or Civil Service
Retirement
1. Met with Major General Charles Roderick, Deputy
Assistant to the Secretary of Defense (L
present were:
Affairs). Also
Colonel J. I. Lawrence, Deputy Director, Le&ietative
Liaison, Office of Secretary of DOOMS*
Colonel H. 15. Allen, Office of the Deputy Assistant
Secretary of Defense. Military Personnel Policy
Major 3. 1. Posner, Office of the Deputy Assistant
Secretary of Defense, Military Personnel Policy
The purpose of the discussion was to alert the Pentagon at the I.X.)D
level to the possible jeopardy of certain retired military officers who
planned eventually to retire under the Civil Service Retirement Act
and tack on i.e their total service their military service. I explained
the problem very carefully pointing out that if the individual happened
to die before he retires from Civil Service the survivor's annuity
could not be calculated taking into account military service. This
was a new problem to this group although obviously the two Colonels
and the Major were fully informed on retirement benefits and other
aspects of compensation.
Z. 1 then pointed out that in 1nforal discussions with the
Air Force which included checking with the Air Force finance center
in Denver we had raised the question of how to avoid this possible
jeopardy. I furnished them with a sample conditional waiver of
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Approved For Release 2003/05/27 : CIA-RDP84-00780R001400120061-9
retirement waiving military retired pal as a the date of retirement
or date of death whichever occurred earlier. I stated that the Air
Force had informally stated that this would be acceptable procedure
to permit them to certify to the Civil Service Commission that the
individual was not in receipt of military retired pay on date of
death or retirem.ent thus permitting Civil Service Commission to
tack on all military service in computing the Civil Service annuity.
One of the individuals pointed out that of course the service after
1 January 1957 which is creditable for social security purposes
might result in in award of social security benefits and that such
service could not be utilized in the computation. I said we were
well awsze of this problem.
3. The reaction of the group was mixed. General Roderick
thought the conditional waiver was a gimmick and morally the
individual should elect one way or the other. On the other hand,
several of the technicians took the view that if these were an
individualts legal entitlements although possibly not anticipated by
the Congress, there was not appropriate action either by the Pentagon
or employing civilian agencies. The group fully *greed that U a
request to the Air FOSC* to approve this type of waiver were transmitted
it would stir questions possibly even restating in a request to GAO
for an informal opinion. The group also agreed that within a short
period news of this problem would find its way into the various military
journals particularly the Retired Officers Association. It was pointed
egg that retired enlisted men could also be faced with this problem but
dray were not too concerned about the political aspects of enlisted men.
4. I took the position that we were not asking the Pentagon to
take any netles nor were we taking thii position for or against a solution
of the typo discussed. Nevertheless, we wanted the Pentagon, at an
appropriate level, to be alert to the problem particularly where an
employes of the Agency, albeit a sexier retired Air Force officer,
vapid bring the problem to light in an effort to protect his own rights
sr be saw **Ms The group agreed fully that it was up to the individual
to take suck action as he felt appropriate and that neither the Pentagon
nor CIA ProPsely could urge any other action. I had previously indicated
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that in all likelihood in the one case we had now the individual
would request an official ruling from Air force on the effectiveness
of the conditional waiver.
S. The group was appreciative of being alerted and were
Wang to study the matter further. It is difficult to estimate whether
they will take any particular action although I doubt that they will.
3
JOHN S. WARNE&
13 puty General Counsel
cc: Ex Dir/Cornpt
DDiS
D/ Pers
Sa 1 21 At
o-Do
Approved For Release 2003/05/27 : CIA-RDP84-00780R001400120061-9