Tato v. United States

Plaintiff, after his retirement in 1948, was employed in a civilian capacity by the Commissioned Officers Mess, United States Naval Air Station, San Diego, California, at a salary in excess of $8,000 per annum. The Comptroller General held that he came within the provisions of section 212 of the Economy Act of June 30,1932 (47 Stat. 382,406), which prohibited a “commissioned officer” from drawing retired pay so long as he held a civilian office under the United States Government the compensation of which exceeded $3,000 per annum.

At the time in question plaintiff was a commissioned warrant…