Employment of Retired Members of the Uniformed Services
The reduction to military retired or retainer pay for retired officers of a regular component in the uniformed services because of employment by the Federal Government, as well as a capping of the combined civilian pay and military retired or retainer pay at Executive Level V, are no longer applicable. Section 651, Public Law 106-65, October 5, 1999, repealed section 5532 of Title 5, United States Code (U.S.C.) effective October 1, 1999. As a result, neither reductions in military retired or retainer pay, nor the Executive Level V cap (based on Title 5, U.S.C. 5532), apply to periods of civilian employment on or after October 1, 1999.
Employment of Reserves and National Guardsmen
Employment in a civilian position (which is paid for by appropriated funds) of any person on active duty in the armed forces is incompatible with military service, except that a member pending honorable separation from active duty may accept a civilian job and pay and allowances for the unexpired portion of terminal leave.
A Reserve of the armed forces or member of the National Guard may accept a civilian office or position under the Government of the United States and is entitled to receive the pay of that office or position in addition to pay and allowances as a Reserve or member of the National Guard.
The Bureau of the Census is specifically authorized to appoint and compensate enlisted personnel or officers of the uniformed services for the enumeration of personnel of the uniformed services.
Compensation Received by an Employee on Military Leave
An employee who is granted military leave or annual leave for the purpose of engaging in military training duty is entitled to the compensation of his or her civilian position and the pay for military training duty for the training period.
Employees are entitled to unlimited military leave for each day or portion thereof for participating in a parade or encampment; however, their civilian pay will be offset by the military pay received for such service.
Employees on military leave for the purpose of providing military aid to enforce the law shall have their civilian pay offset by the military pay received for such service (other than travel, transportation, or per diem).
Members of the Reserve Officers Training Corps, who are called to perform duty prior to appointment as reserve officers by the President, are ineligible for military leave and hence are subject to dual compensation law.
An employee who enters on active military or naval duty, by voluntary enlistment or otherwise, without a break in service from a civilian position, may receive, in addition to military pay, the compensation of the civilian position covering accumulated or accrued annual leave.
For more information about transitioning from a military career to a civil service career, download the FREE 2014 Federal Employee Benefits Handbook.