§ 715c. Continuance in service for less than thirty-one days after reaching retirement age; date of beginning of annuity.— All officers and employees of the United States Government or of the government of the District of Columbia who had reached the retirement age prescribed for automatic separation from the service on or before July 1, 1932, or during the month of July 1932, and who were continued in active service for a period of less than thirty-one days after June 30, 1932, shall be regarded as having been retired and entitled to annuity beginning with the day following the date of separation from active service, instead of August 1, 1932, and the United States Civil Service Commission is hereby authorized and directed to make payments accordingly from the civil-service retirement and disability fund to those persons entitled and who make application therefor. (Aug. 28, 1935, ch. 791, 49 Stat. 941.)

§ 716. Application for retirement.-Applications for annuity shall be in such form as the Civil Service Commission may prescribe, and shall be supported by such certificates from the heads of departments, branches, or independent offices of the Government in which the applicant has been employed as may be necessary to the determination of the rights of the applicant. (May 22, 1920, ch. 195, § 7, 41 Stat. 617; July 3, 1926, ch. 801, § 13, 44 Stat. 912; May 29, 1930, ch. 349, § 13, 46 Stat. 476; July 3, 1930, ch. 863, § 2, 46 Stat. 1016; Ex. Ord. No. 6670, Apr. 7, 1934.)

§ 717. Same; determination; certificate of retirement.-Upon receipt of satisfactory evidence the Civil Service Commission shall forthwith adjudicate the claim of the applicant, and if title to annuity be established, a proper certificate shall be issued to the annuitant. (May 22, 1920, ch. 195, § 7, 41 Stat. 618; July 3, 1926, ch. 801, § 13, 44 Stat. 912; May 29, 1930, ch. 349, § 13, 46 Stat. 476; July 3, 1930, ch. 863, § 2, 46 Stat. 1016; Ex. Ord. No. 6670, Apr. 7, 1934.)

§ 718. Commencement and duration of annuity.-Annuities granted under this chapter for retirement under the provisions of section 691 of this title shall commence from the date of separation from the service and shall continue during the life of the annuitant. Annuities granted under the provisions of sections 710-714, 716-718, 725, 733, 735, and 736 of this title shall be subject to the limitations specified in said sections. (May 22, 1920, ch. 195, § 7, 41 Stat. 618; July 3, 1926, ch. 801, § 13, 44 Stat. 912; May 29, 1930, ch. 349, § 13, 46 Stat. 476.)

§ 718a. Definition of annuitant.-The term "annuitant" as used in this chapter shall include any employee who has met all requirements of the chapter for title and has filed claim herefor, notwithstanding final administrative action was not taken by the Civil Service Commission prior to his death. Nothing in sections 716-718a and 725 of this title shall be so construed as to reduce any benefit otherwise payable. (May 22, 1920, ch. 195, § 7, 41 Stat. 618, as amended July 3, 1926, ch. 801, § 13, 44 Stat. 912; May 29, 1930, ch. 349, § 13, 46 Stat. 476; Jan. 24, 1942, ch. 16, § 9, 56 Stat. 17.)

CODIFICATION

Section is from a paragraph of act May 29, 1930, § 13, cited to text, which paragraph was added by act Jan. 24, 1942, also cited. The former act purported to be a general amendment of act July 3, 1926, cited to text which in turn purported to be a general amendment of act May 22, 1920, also cited.

CONSTRUCTION AND EFFECTIVE DATE

Act Jan. 24, 1942, § 9, cited to text, was made "effective from January 1, 1940," by the enacting words thereof. For general effective date of that act, see note under section 691 of this title.

Construction of act Jan. 24, 1942, cited to text with regard to rights of persons separated prior thereto, see note under section 691 of this title.

§719. Deductions from salaries; amount; civil-service retirement and disability fund.-Beginning as of July 1, 1926, there shall be deducted and withheld from the basic salary, pay, or compensation of each employee to whom this chapter applies a sum equal to 312 per centum of such employee's basic salary, pay, or compensation: Provided, That after June 30, 1942, there shall be deducted and withheld from the basic salary, pay, or compensation of any officer or employee to whom this chapter applies a sum equal to 5 per centum of such officer's or employee's basic salary, pay, or compensation. The amounts so deducted and withheld from the basic salary, pay, or compensation of each employee shall, in accordance with such procedure as may be prescribed by the Comptroller General of the United States, be deposited in the Treasury of the United States to the credit of the "civil-service retirement and disability fund" created by this chapter, and said fund is hereby appropriated for the payment of annuities, refunds, and allowances as provided in said chapter. (As amended July 3, 1926, ch. 801, § 10, 44 Stat. 910; May 29, 1930, ch. 349, § 10, 46 Stat. 475; Jan. 24, 1942, ch. 16, § 7, 56 Stat. 16.)

AMENDMENTS

1942-Act Jan. 24, 1942, cited to text, added proviso in first sentence.

CONSTRUCTION AND EFFECTIVE DATE

Act Jan. 24, 1942, cited to text, effective date and construction with regard to rights of persons separated prior thereto, see note under section 691 of this title.

§ 719-1. Voluntary deposit of additional sums; refund in event of death. Any employee may at his option and under such regulations as may be prescribed by the Civil Service Commission deposit additional sums in multiples of $25 but not to exceed 10 per centum per annum of his annual basic salary, pay, or compensation, for service rendered since August 1, 1920, which amount together with interest thereon at 3 per centum per annum compounded as of June 30 of each year, shall, at the date of his retirement, be available to purchase, as he shall elect and in accordance with such rules and regulations as may be prescribed by the Civil Service Commission with the approval of the Board of Actuaries, in addition to the annuity provided by this chapter, an annuity according to the experience of the civil-service retirement and disability fund as may from time to time be set forth in tables of annuity values by the Board of Actuaries based on

an interest rate of 4 per centum. In the event of death or separation from the service of such employee before becoming eligible for retirement on annuity, the total amount so deposited with interest at 3 per centum per annum compounded on June 30 of each year shall be refunded in accordance with the provisions of section 724 of this title. (May 29, 1930, ch. 349, § 10, as added Aug. 4, 1939, ch. 426, § 4, 53 Stat. 1202.)

EFFECTIVE DATE

Act Jan. 24, 1942, § 9, cited to text, was made "effective from January 1, by section 5 of said act.

§ 720. Investment of fund.-The Secretary of the Treasury shall invest from time to time, in interest-bearing securities of the United States or Federal farm-loan bonds, such portions of the "civil-service retirement and disability fund" as in his judgment may not be immediately required for the payment of annuities, refunds, and allowances as herein provided, and the income derived from such investments shall constitute a part of said fund for the purpose of paying annuities and of carrying out the provisions of section 724 of this title. (May 22, 1920, ch. 195, § 8, 41 Stat. 618; July 3, 1926, ch. 801, § 11, 44 Stat. 910; May 29, 1930, ch. 349, § 11, 46 Stat. 476.)

§ 721. Contributions, donations, etc., to supplement contributions by employees.-The Secretary of the Treasury is hereby authorized and empowered in carrying out the provisions of this chapter to supplement the individual contributions of employees with moneys received in the form of donations, gifts, legacies, or bequests, or otherwise, and to receive, deposit, and invest for the purposes of said chapter all moneys which may be contributed by private individuals or corporations or organizations for the benefit of civil-service_employees generally. (May 22, 1920, ch. 195, § 8, 41 Stat. 618; July 3, 1926, ch. 801, § 10, 44 Stat. 910; May 29, 1930, ch. 349, § 10, 46 Stat. 475.)

REFERENCES IN TEXT

The term "chapter" as used in this section refers to act of May 29, 1930, cited to text, which purported to amend act of May 22, 1920, cited to text, although the 1930 act was an entire new one.

§ 722. Consent of employee to deductions deemed given.Every employee coming within the provisions of this chapter shall be deemed to consent and agree to deductions from salary, pay, or compensation as provided herein, and payment less such deductions shall be a full and complete discharge and acquitance of all claims and demands whatsoever for all regular services rendered by such employee during the period covered by such payment, except the right to the benefits to which he shall be entitled under the provisions of said chapter, notwithstanding the provisions of sections 167 and 168 of the Revised Statutes of the United States, and section 43 of this title, and of any other law, rule, or regulation affecting the salary, pay, compensation of any person or persons employed in the civil service. to whom this chapter applies. (May 22, 1920, ch. 195, § 9, 41

Stat. 618; July 3, 1926, ch. 801, § 10, 44 Stat. 910; May 29, 1930, ch. 349, § 10, 46 Stat. 475.)

REFERENCES IN TEXT

The term "chapter" as used in this section refers to act of May 29, 1930, cited to text, which purported to amend act of May 22, 1920, cited to text, although the former was an entire new act.

Sections 167 and 168 of the Revised Statutes, to which reference is made in text, prescribed the annual salaries of clerks and employees of the Departments, whose compensation was not otherwise prescribed, and provided that except when a different compensation was expressly prescribed by law, any clerk temporarily employed to perform the same or similar duties with those belonging to clerks of any particular class, should be entitled to the same salary as clerks of that class.

1

§ 723. Transfer of employees from classified to unclassified status, return; deposit of deductions from salary.-Employees who have gone from employment within the purview of this chapter to other employment under the Government and have returned to a position under the purview of said chapter shall have the time of such other service included in the computation for his retirement: Provided, That such employee shall contribute to the retirement fund upon reentering such employment within the purview of said chapter an amount, including interest, equivalent to that which would have been paid if such employee had continued in such employment. (May 22, 1920, ch. 195, § 10, 41 Stat. 618; July 3, 1926, ch. 801, § 14, 44 Stat. 912; May 29, 1930, ch. 349, § 14, 46 Stat. 476.)

REFERENCES IN TEXT

The term "chapter" as used in this section refers to act of May 29, 1930, cited to text, which purported to amend act of May 22, 1920, cited to text, although the 1930 act was an entire new one.

§ 724. Return of deductions to employee on transfer from classified to unclassified status or separation from service on death or incompetency of employee.-(a) Under such regulations as may be prescribed by the Civil Service Commission the amounts deducted and withheld from the basic salary, pay, or compensation of each employee for credit to the "civil-service retirement and disability fund" created by this chapter, covering service during the period from August 1, 1920, to July 1, 1930, shall be credited to an individual account of such employee, to be maintained by the department or office by which he is employed and the amounts deducted and withheld from the basic salary, pay, or compensation of each employee for credit to the "civilservice retirement and disability fund" covering service from and after July 1, 1930, less the sum of $1 per month or major fraction thereof, shall similarly be credited to such individual account.

(b) In the case of any officer or employee to whom this chapter applies who shall be transferred to a position not within the purview of this chapter, or who shall become absolutely separated from the service before he shall have completed an aggregate of five years of service computed in accordance with section 707 of this title, the amount of deductions from his basic salary, pay, or compensation credited to his individual account, together with

1 So in original. Probably should read "their."

interest at 4 per centum compounded on June 30 of each year shall be returned to such officer or employee: Provided, That when an officer or employee becomes involuntarily separated from the service, not by removal for cause on charges of misconduct or delinquency before completing five years of creditable service the total amount of deductions from his basic salary, pay, or compensation with interest at 4 per centum compounded on June 30 of each year shall be returned to such officer or employee: Provided further, That no such interest shall be allowed on any separation unless the service covered thereby aggregates more than one year: Provided further, That all deductions from basic salary, pay, or compensation so returned to an officer or employee must, upon reinstatement, retransfer, or reappointment to a position coming within the purview of this chapter be redeposited with interest at 4 per centum compounded on June 30 of each year before such officer or employee may derive any benefits under this chapter, except as provided in this section, but interest shall not be required covering any period of separation from the service. In computing interest under this subsection, a fractional part of a month in the total service of an officer or employee shall be disregarded.

(c) In case an annuitant shall die without having received in annuities purchased by the employee's contributions as provided in (2) of section 698 of this title an amount equal to the total amount to his credit at time of retirement, the amount remaining to his credit and any accrued annuity shall be paid, upon the establishment of a valid claim therefor, in the following order of precedence:

First, to the beneficiary or beneficiaries designated in writing by such annuitant and recorded on his individual account:

Second, if there be no such beneficiary, to the duly appointed executor or administrator of the estate of such annuitant;

Third, if there be no such beneficiary, or executor or administrator, payment may be made, after the expiration of thirty days from the date of the death of the annuitant, to such person or persons as may appear in the judgment of the Civil Service Commission to be legally entitled thereto, and such payment shall be a bar to recovery by any other person.

In the case of an annuitant who has elected to receive an increased annuity as provided in section 698. of this title, the amount to be paid under the provisions of this subsection shall be only the accrued annuity.

(d) In case an employee shall die without having attained eligibility for retirement or without having established a valid claim for annuity, the total amount of his deductions with interest thereon shall be paid, upon the establishment of a valid claim therefor, in the following order of precedence:

First, to the beneficiary or beneficiaries designated in writing by such employee and recorded on his individual account; Second, if there be no such beneficiary, to the duly appointed executor or administrator of the estate of such employee;

Third, if there be no such beneficiary or executor or administrator, payment may be made, after the expiration of thirty days

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