DUAL COMPENSATION - RETIRED ARMY OFFICER EMPLOYED BY A GOVERNMENT CORPORATION

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP59-00882R000200200111-1
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 2
• Document Creation Date: December 20, 2016
• Document Release Date: April 23, 2001
• Sequence Number: 111
• Publication Date: November 20, 1951
• Content Type: MFR

Approved For Release 2006/10/19: CIA-RDP59-00882R000200200111-1
OGC HAS REVIEVVED
MEKORAEDUM FOR THE tEC0W
20 November 1)51
Dual Cciupcnsation tired Army Officer apled bye Government
Corporation.
14 23 Comptroller General 315. Facts. The Atininistrator,
Foreign Lconomic Administration, aouchri7Thorieatien from the
Comptroller General to hire a retired Army colonel to act as an
employee of the U. E, commercial Company, a wholly-owned Govern-
int corporation. The erny officer vas retired for being past the
statutory age linit. He vas unwilling to accept the poeition with
the U. S. Commercial Coepano if it. ',_nvoleed the sacrifiee of his
retirement allotment.
2. The :J. . Comercial Company had the power of ection of
any private corporation, inciedine the power to emp oy without re-
gard to Federal lave applicable to the employment or corpeneation
of officers or enployoe6 oihe United reates.
The Administrator eout to rely on DaratLv. United
71 Ct. Cl. 421 (1931) mach held in an %gees fact
that ee,pleyment with each a eovernment coirporetion does
not constitute holding an offick within the meanine of the dual
campensation laws,
4. The Comptroller Lieneral held that min more recent years
it is the rule rather than the exeeP tion that congreszional Ieeis-
lation on ,personnel matters cxprestly refers to Covernment corpor-
ation empleerees and either includes them within their scope or
authorizes administrative action to thot end. See, for example,
the recent statutes aith respect to the civil servi;ce, classifi-
cation, ;aerial leave, sick leave, retiree:tot, overtime par, citi-
zenship, and the administration of the oath of Feddral office.
That unanimity of expreselonmardieete a clear congreseional in-
tention that, for purposes or the same general cheracter, Govern-
ment employees covered by those acts are to be treated and re
gardcd as Government cmployeee."
5.
Regarding the Dalton case, the Coeptroller stated, the
case of General Dalton to which you refer might be distinguish-
able won the basis of the changing concepts and policies -which
have developed since its date, at illustrated above; bu't in any
event, its authority as an incication of the intent of the Con-
gress is made indecisive by the action o: the conerem in dis-
approving that particular judgment and declining to appropriate
therefor."
Approved For Release 2006/10/19: CIA-RDP59-00882R000200200111-1
*Approved For Release 2006/10/19: CIA-RDP59-00882R000200200111-1
6. Further* e authority of the U.
Commercial Capany to npior officere, gent, at cetera, without
regard to lava applicAbLe to thc cpi.oient oe officers or GM".
ploytes of the united ttatee, ae cited in -iour letter, muld not
validate the payment of Amy retired pay or preserve Col (*mil
Taylor's status as a retired officer if other Ian 'ould jeopar
dize the retired status and pay upon his acceptance of civilian
employmentl."
00CALIAta
Distribution:
Ori t 1 - Stib
I flame
STAMTL
Approved For Release 2006/10/19: CIA-RDP59-00882R000200200111-1