Letter from Tim McClain, General Counsel, DVA to Mary Ann Mackin on 9/27/01.
After our conversation, I now have a better understanding of the disappointment you, and other retired VA nurses, may feel concerning your retirement benefits. VA did support the enactment of secion 7003 of Public Law 99-509, which required that part-time service by title 38 employees would continue to be prorated for retirement purposes as it had been prior to the change in tile 5 retirement calculations. Notwithstanding this fact, it was never the Department's intent to disadvantage VA nurses. Unfortunately, there is no action that VA could undertake on its own to remedy this situation.
As we discussed, legislation is required to change how Federal annuities are calculated. In recent months a number of proposals have been introduced in Congress that would change how part-time service is treated for retirement purposes. some specifically address the difference in treatment of title 38 and title 5 employees. It is the Department's position that there shold be parity in the treatment of part-time service for retirement purposes for title 38 and title 5 employees. VA has expressed that view formally when asked by the Administration to comment on pending legislation. Computation of retirement annuities is a complex subject. For that reason the Administration is seeking a comprehensive resolution to the technical problems associated with computation of part-time service. However, I cannot predict which, if any, of the proposals currently under consideration might become law.
Thank you for your service to veterans as a VA nurse and for your efforts to alert the Department to the concerns of its retirees.
Sincerely yours,
Tim S. McClain, General Counsel