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pay, or compensation during such period had he been subject to the Act; but failure to make such deposit shall not deprive the employee of credit for service to which he would otherwise be entitled.
(c) The provisions of this section shall not extend to unclassified laborers employed in parts of the service in which classified employees have been excluded from the provisions of the Retirement Act by Executive order under section 1 of the Act, nor shall they apply to employees who are in receipt of basic salary, pay, or compensation at a rate less than $600 per annum.
(d) The Executive orders of May 24, 1922, transferring eight unclassified employees in the office of the Superintendent of the State, War and Navy Department Buildings to the classified service are hereby revoked.* [E.O. 3691, June 7, 1922]
53.6 Exclusion of certain Coast and Geodetic Survey employees. Junior engineers and deck officers of the Coast and Geodetic Survey are hereby excluded from the operation of the Civil Service Retirement Act, May 22, 1920.
Although these employees are appointed through competitive examination in accordance with the civil service act and rules, and are given a probationary appointment, their employment is temporary in the sense that those who are retained beyond the probationary period and who show the proper qualifications are promoted to the commissioned force of the Bureau and thereafter receive the same pay and allowances prescribed for officers of the Navy, and are retired in accordance with the law relating to the retirement of commissioned officers in the Navy, while those who do not show the proper qualifications for a commissioned officer in the Coast and Geodetic Survey and who are unable to pass the required physical examination to establish eligibility for promotion to the commissioned rank are separated from the service. In either case, their classified service is tentative and of short duration, and their inclusion under the provisions of the Retirement Act results only in deductions for a short period and later reimbursement. [E.O. 3715, Aug. 2, 1922]
53.7 Exclusion of certain Lighthouse Service employees. There are hereby excluded from the operation of the Retirement Act of May 22, 1920, noneducational employees in the Lighthouse Service who are intermittently and irregularly employed, and educational employees at day rates similarly employed. This action is deemed necessary because the intermittent character of the employment renders the relations of such persons to the Government so remote and indefinite that they are not regarded as coming within the intended scope of the Act, and because of the exceedingly frequent changes in the personnel, which raise complicated administrative problems in connection with retirement deductions and refunds.* [E.O. 3851, May 21, 1923]
53.8 Exclusion of seasonal substitute postal employees. There are hereby excluded from the operation of the Retirement Act of May 22, 1920, because of their intermittent service, substitutes employed to handle the seasonal increase in volume of mail at summer and winter resorts at such post offices as may be specified by the
*For statutory citation, see note to § 53.1.
Civil Service Commission with the concurrence of the Post Office Department.
These substitutes shall be appointed in the same way as all others and shall not receive promotion to a regular position without depositing in the retirement fund the amount, with interest, which would have been deducted from their compensation if they had not been treated as excluded under this section.* [E.O. 4399, Mar. 22, 1926]
53.9 Exclusion of certain employees in the Indian Irrigation Service. There are hereby excluded from the operation of the Retirement Act of July 3, 1926 (44 Stat. 904; 5 U.S.C. Chapter 14), noneducational employees in the Indian Irrigation Service intermittently and irregularly employed, and educational employees on daily rates similarly employed. This section is deemed desirable because of the intermittent character of the employment and the exceedingly frequent changes in personnel.* [E.O. 4551, Dec. 8, 1926]
53.10 Exclusion of certain Naval Establishment employees. There are hereby excluded from the operation of the Retirement Act of July 3, 1926, because of their intermittent service on a piece-work basis, garment makers (bundle hands) employed by the Naval Clothing Factory, Naval Supply Depot, Brooklyn, N. Y. No record is kept of the hours of labor performed by these employees and their service is intermittent and uncertain in tenure.* [E.O. 4805, Feb. 10, 1928]
53.11 Collectors of cotton statistics. Special agents employed in the collection of cotton statistics, because of the intermittent character of their employment are excluded from the operation of the Retirement Act.* [E.O. 6141, May 23, 1933]
53.12 Extension to certain Federal employees on the Isthmus of Panama. The provisions of the Civil Service Retirement Act, May 29, 1930 (46 Stat. 468, 5 U.S.C. Chapter 14) are hereby extended to apply to all Federal employees on the Isthmus of Panama who are citizens of the United States and to whom the Canal Zone Retirement Act of March 2, 1931 (46 Stat. 1471; 48 U.S.C. 1371), does not apply and whose tenure of office or employment is not intermittent or of uncertain duration.* [E.O. 7687, Aug. 10, 1937, 2 F.R. 1391]
53.13 Extension to employees appointed under authority of § 2.10. It is ordered that the provisions of the Civil Service Retirement Act, May 29, 1930, be, and they are hereby, extended to apply to all employees who serve under appointments made without competitive examination under authority of § 2.10 and who are citizens of the United States, except those whose employment is intermittent or on a per diem when-actually-employed basis.
This section shall become effective on July 1, 1938.* [E.O. 7887, May 16, 1938, 3 F.R. 951]
53.101 Administration. The Civil Service Commission shall have charge of the adjudication of all claims arising under the retirement
*For statutory citation, see note to § 53.1.
laws, and of all matters directly or indirectly concerned with such adjudication; shall consider in the adjudication of claims arising under the retirement laws and take appropriate action on counter claims filed by the Government as set-offs against amounts in the retirement fund involved; and shall likewise consider and take appropriate action in adjusting illegal salary payments in violation of laws pertaining to dual service, subject to final decision by the Comptroller General. The Civil Service Commission shall maintain a control account for each department and independent establishment; for this purpose, departments and establishments shall make reports of appointments and separations and annual summaries of retirement fund transactions.*†
*§§ 53.101 to 53.113, inclusive, issued under the authority contained in sec. 4, 41 Stat. 616, sec. 17, 46 Stat. 478; 5 U.S.C. 709, and E.O. 6670, Apr. 7, 1934.
The source of §§ 53.101 to 53.113, inclusive, is Retirement regulations of the Civil Service Commission, as of June 1, 1938.
53.102 Evidence. Civil Service Commission Form 2806 (Retirement Account) shall be the basic record for action on all claims for annuity or refund, and those pertaining to deceased employees or annuitants. Form 2806 shall contain a record of all service creditable under the Retirement Act, civil and military, and a record of all retirement deductions made, showing the beginning and ending dates of each period covered by such deductions. Whenever practicable in certifying service for which deductions were not made, the aggregate basic salary earned and the amount of tontine involved, by fiscal years, shall be shown. Any change of date or salary on the service history side, or in the first three columns of the fiscal side, of Form 2806 shall be certified. Any leave in excess of 6 months in a calendar year shall be noted. When loss or destruction or incompleteness of records in the Government offices concerned is shown, a call shall be made through the Civil Service Commission upon the General Accounting Office for such data as may be deemed necessary for a proper determination of the rights of the claimant. When the required information cannot be developed by any official record, inferior or secondary evidence then becomes admissible.*+
53.103 Applications. All applications under the Retirement Act shall be filed with the Civil Service Commission. Applications for annuity and for retirement on account of total disability, except disability applications filed by a department or establishment, must be executed before two identifying witnesses. Applications for the payment of accumulated deductions, or of accrued annuity and/or unexpended balance, must be witnessed by two persons (except when an application is filed by a legally appointed fiduciary) before an officer authorized to administer oaths for general purposes, whose seal must be affixed thereto. (Oaths by purely administrative officers of the Government are not acceptable in these cases). If such officer does not have a seal and is not required by law to use one, his official character, signature, and term of office must be certified under the official seal of the proper State, county, or city officer. Applications for refund shall be executed before an officer authorized to administer oaths
**For statutory and source citations, see note to § 53.101.
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for general purposes, or before any administrative officer of the Government who is authorized by statute or regulation to administer oaths in connection with departmental matters, or before any United States postmaster, or before an assistant postmaster of a first- or second-class office.**
53.104 Time for filing applications. An application for annuity on account of age may be filed shortly before or at any time after the employee reaches the requisite retirement age, but such application should not be filed more than 30 days in advance of reaching retirement age. In cases of optional retirement, the application must be executed before the actual date of separation. An application for immediate or deferred annuity on account of involuntary separation from the service will not be considered if filed before the employee's separation. An application for retirement on account of disability must be executed by the employee, or in case of incompetency, by next friend or legal representative, prior to the applicant's separation from the service or within 6 months thereafter. Request or order by the department or other Government agency for retirement of an employee for disability must be filed prior to the employee's separation from service. If application for disability retirement is submitted upon an inappropriate form, or upon an appropriate form inadequately or incompletely executed, within 6 months from date of separation from the service, such application may be accepted as an informal claim provided the claimant immediately or within a reasonable time thereafter submits a properly executed application upon the appropriate form.*+
53.105 Disability retirement; medical examinations. When an applicant for retirement on account of total disability has established a prima facie case and no legal grounds for rejection exist, such applicant shall be ordered to appear for a medical examination before a medical officer of the United States or a duly qualified physician or surgeon or board of physicians or surgeons designated by the Civil Service Commission. When the application is accompanied by a report of examination already made by a medical officer of the United States, it may not be necessary to require another examination. The order for annual examination by the Civil Service Commission shall direct the annuitant to be medically examined within 30 days from and after the anniversary of the date on which he was retired upon annuity for disability. This provision, however, may be modified so that the annual medical examination may take place within 30 days from and after the expiration of 1 year from the date of the last medical examination. The Civil Service Commission, where it appears in any particular case that the nature of the disability is such as to warrant the conclusion that it will continue for a certain period, may, in the exercise of its authority, waive the requirement for regular annual examinations for the period during which there is reasonable expectation of continuation of the disability, but in any case a medical or other examination may be ordered at any time to determine the facts relative to the nature and degree of disability of any employee thus retired. If the evidence shows that the disability
*For statutory and source citations, see note to § 53.101.
is permanent in character, further examination shall not be ordered, unless warranted, and the annuitant shall be notified accordingly.*†
53.106 Effective date of retirement. When an employee reaches retirement age either on the first day of a month, or on any day within a month, his annuity shall commence on the first day of the succeeding month. In such cases the employee may be carried on the rolls to the end of the month in which such age is attained, but no credit for service shall be given for the period between the date of reaching retirement age and the beginning date of annuity. When an employee retires on account of disability, the annuity shall commence on the first day of the month succeeding the termination of pay status, or on the first day of any subsequent month, as the case may warrant. In such cases, credit for service may be given for the period between the termination of pay status and the beginning date of annuity if the employee is carried on the rolls of the department during such time. In cases of optional retirement, the annuity shall commence on the first day of the month following separation; and in cases of involuntary separation, payments shall be effective the first day of the month following separation or the attainment of the age of 55 years or superannuation age, as the case may be.*†
53.107 Computation of interest. The commercial method, that is, computation on the basis of 30 days to the month, is adopted for interest purposes. Interest will be computed for the actual time involved in each case, but whenever applicable, the rule of average will obtain.*t
53.108 Military service. Periods of honorable service in the Army, Navy, Marine Corps, or Coast Guard of the United States, which do not form the basis for pension, retired pay, or compensation under any law shall be included in crediting service under the retirement acts, subject to any necessary deposit. An applicant for annuity who is in receipt of benefits on account of his term of honorable service in the Army, Navy, Marine Corps, or Coast Guard of the United States, may elect to surrender said benefits and to have the service upon which they are based added to his period of civil service for the purpose of obtaining a greater benefit in the form of annuity. Should it appear upon the adjudication of a claim for annuity that the claimant will benefit by the inclusion of military or naval service, and the relinquishment of benefits based thereon, he shall be so advised and permitted to exercise the right of election.*+
53.109 Death claims. Except as to employees subject to the Alaska Railroad Retirement Act of June 29, 1936, the order of precedence of payment at death under the Retirement Acts is as follows: First, To the beneficiary or beneficiaries designated in writing by the annuitant or employee and recorded on his individual account; Second, if there be no such beneficiary, to the duly appointed executor or administrator of the estate; Third, if there be no such beneficiary, or executor or administrator, payment may be made, after the expiration of 30 days from the date of death of the annuitant or employee, to such person or persons as may appear in the judgment of the Civil
*For statutory and source citations, see note to § 53.101.