14
Retirement System health and life insurance programs available to
U.S. employees, and was granted the right to be reemployed by the
United States following his tenure with NATO.
During the years in issue, petitioner was paid on a monthly
basis from the U.S. DOA in the United States for the services he
performed for NATO on its international staff. Forms W-2, Wage
and Tax Statements, were issued to petitioner by the DOA for each
of the years in issue. While the general salary level was
determined by NATO, the specific amount of petitioner's salary
was determined and paid in accordance with the internal salary
schedule of the U.S. Government. Although the NATO salary level
of a senior statistician, Systems Analysis and Statistics
Service, Defense Planning and Policy Division, was a grade A-4,
petitioner was paid under the U.S. salary level as a GS-14.
Before beginning work with NATO in June 1986, pursuant to
NATO's regulations, petitioner was required to sign a
"Declaration On Accepting Appointment", which provided:
I solemnly undertake to exercise in all loyalty,
discretion and conscience the functions entrusted to me as a
member of the staff of NATO, and to discharge these
functions with the interests of NATO only in view. I
undertake not to seek or accept instructions in regard to
the performance of my duties from any government or from any
authority other than the Organization.
Petitioner was required to devote substantially full time to
his duties on the international staff. He was required to render
services to NATO personally and performed services solely for
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