Pub. Law 91-375 84 STAT. 784 - 66 August 12, 1970 COMPENSATION OF EMPLOYEES SEC. 9. (a) The Postmaster General, under regulations made by him, shall increase the rates of basic pay or compensation of employees in the Post Office Department so that such rates will equal, as nearly as practicable, 108 percent of the rates of basic pay or compensation in effect immediately prior to the date of enactment of this Act. Such increases shall take effect on the first day of the first pay period which begins on or after April 16, 1970. (b) Retroactive pay, compensation, or salary shall be paid by reason of this Act only in the case of an individual in the service of the United States (including service in the Armed Forces of the United States) on the date of enactment of this Act, except that such retroactive pay, compensation, or salary shall be paid (1) to an officer or employee who retired, during the period beginning on the first day of the first pay period which began on or after April 16, 1970, and ending on the date of enactment of this Act, for services rendered during such period; and (2) in accordance with subchapter VIII of chapter 55 of title 5, United States Code, relating to settlement of accounts, for services rendered, during the period beginning on the first day of the first pay period which began on or after April 16, 1970, and ending on the date of enactment of this Act, by an officer or employee who died during such period. Such retroactive pay, compensation, or salary shall not be considered as basic pay for the purposes of subchapter III of chapter 83 of title 5, United States Code, relating to civil service retirement, or any other retirement law or retirement system, in the case of any such retired or deceased officer or employee. (c) For the purposes of this section, service in the Armed Forces of the United States, in the case of an individual relieved from training and service in the Armed Forces of the United States or discharged from hospitalization following such training and service, shall include the period provided by law for the mandatory restoration of such individual to a position in or under the Government of the United States. (d) For purposes of determining the amount of insurance for which an individual is eligible under chapter 87 of title 5, United States Code, relating to group life insurance for Government employees, all changes in rates of pay, compensation, and salary which result from the enactment of this section shall be held and considered to become effective as of the date of such enactment. (e) No rate of basic pay or compensation, in excess of the rate of basic pay for GS-18 of the General Schedule in section 5332 of title 5, United States Code, shall be paid by reason of the enactment of this section. LABOR AGREEMENTS SEC. 10. (a) As soon as practicable after the enactment of this Act, the Postmaster General and the labor organizations which as of the effective date of this section hold national exclusive recognition rights granted by the Post Office Department, shall negotiate an agreement or agreements covering wages, hours, and working conditions of the employees represented by such labor organizations. The parties shall commence bargaining for such agreement or agreements not later than 30 days following delivery of a written request therefor by a labor organization to the Postmaster General or by the Postmaster General to a labor organization. Any agreement made pursuant to this section shall continue in force after the commencement of operations of the United States Postal Service in the same manner and to the same extent as if entered into between the Postal Service and recognized collective-bargaining representatives under chapter 12 of title 39, United States Code. (b) Any agreement negotiated under this section shall establish a new wage schedule whereunder postal employees will reach the maximum pay step for their respective labor grades after not more than 8 years of satisfactory service in such grades. The agreements shall provide that where an employee had sufficient satisfactory service in the pay step he occupied on the effective date of this section to have qualified for advancement to the next highest pay step under the new wage schedule, had such schedule been in effect throughout the period of such service, the employee shall be advanced to such next highest pay step in the new schedule on the effective date of the new schedule. (c) An agreement made under this section shall become effective at any time after the commencement of bargaining, in accordance with the terms thereof. The Postmaster General shall establish wages, hours, and working conditions in accordance with the terms of any agreement or agreements made under this section notwithstanding the provisions of any law other than title 39. Ante, p. 733. (d) If the parties fail to reach agreement within 90 days of the commencement of collective bargaining, a fact-finding panel will be established in accordance with the terms of section 1207 (b) of title 39, United States Code, unless the parties have previously agreed to Ante, p. 735. another procedure for a binding resolution of their differences. If the parties fail to reach agreement within 180 days of the commencement of collective bargaining, and if they have not agreed to another procedure for binding resolution, an arbitration board shall be established to provide conclusive and binding arbitration in accordance with the terms of section 1207 (c) of such title. (e) Agreements made pursuant to this section and expenditures made under such agreements shall not be subject to the provisions of section 3679 of the Revised Statutes, as amended (31 U.S.C. 665). (f) For the purposes of this section, references to title 39 and sections of title 39 are references to title 39, United States Code, as enacted by section 2 of this Act. SEPARABILITY AND LEGISLATIVE CONSTRUCTION SEC. 11. (a) If a part of title 39, United States Code, as enacted by section 2 of this Act, is held invalid, the remainder of such title shall not be affected thereby; and if any other part of this Act is held to be invalid, the remainder of the Act shall not be affected thereby. (b) An inference of a legislative construction is not to be drawn by reason of a chapter in title 39, United States Code, as enacted by section 2 of this Act, in which a section is placed nor by reason of the caption or catchline. TRANSITIONAL EXPENSES SEC. 12. Expenses of the United States Postal Service and the Postal Rate Commission, established under section 2 of this Act, from the date of enactment of this Act until the date of commencement of operations of the Postal Service and the Commission, shall be deemed to be necessary expenses of the administration of the Post Office Department as now constituted. Pub. Law 91-375 84 STAT. 786 Ante, p. 728. 80 Stat. 417. Political test, prohibition. 74 Stat. 610. Exception. APPOINTMENT OF POSTMASTERS AND OTHER EMPLOYEES ON MERIT BASIS SEC. 13. (a) Between the date of enactment of this Act and the date on which the Board of Governors of the United States Postal Service determines that section 1001 of title 39, United States Code (as enacted by section 2 of this Act), is effective, the Postmaster General shall appoint postmasters at offices of all classes in the competitive civil service by one of the three following methods which shall be applied in the following order of precedence: (1) by selection of a qualified employee serving at the post office where the vacancy occurs, including an acting postmaster who was serving on January 1, 1969, who shall acquire a competitive status upon being appointed postmaster; (2) if no qualified employee serving at the post office where the vacancy occurs is available for, and willing to accept, appointment by the method described in subparagraph (1), by selection of a qualified employee serving in the postal field service; or (3) if no qualified employee is available for, and willing to accept, appointment by the methods described in subparagraph (1) or (2), by competitive examination in accordance with the provisions of title 5, United States Code, governing appointments in the competitive service. Enactment of this subsection shall not affect the status or tenure of postmasters in office on the date of enactment of this Act. (b) (1) In the selection, appointment, and promotion of employees of the Post Office Department between the date of enactment of this Act and the date on which the Board of Governors of the Postal Service determines that former section 3311 of title 39, United States Code, is no longer effective, no political test or qualification shall be permitted or given consideration, and all such personnel actions shall be taken on the basis of merit and fitness. Any officer or employee of the Post Office Department who violates this subsection shall be removed from office or otherwise disciplined in accordance with procedures for disciplinary action established pursuant to law. (2) This subsection does not apply to the selection and appointment of officers whose appointment is vested in the President, by and with the advice and consent of the Senate, or to the selection, appointment, or promotion to a position designated by the Civil Service Commission as a position of a confidential or policy-determining character or as a position to be filled by a noncareer executive assignment. INVASION OF PRIVACY BY MAILING OF SEXUALLY ORIENTED SEC. 14. (a) The Congress finds— (1) that the United States mails are being used for the indiscriminate dissemination of advertising matter so designed and so presented as to exploit sexual sensationalism for commercial gain; (2) that such matter is profoundly shocking and offensive to many persons who receive it, unsolicited, through the mails; (3) that such use of the mails constitutes a serious threat to the dignity and sanctity of the American home and subjects many persons to an unconscionable and unwarranted intrusion upon their fundamental personal right to privacy; (4) that such use of the mail reduces the ability of responsible parents to protect their minor children from exposure to material which they as parents believe to be harmful to the normal and healthy ethical, mental, and social development of their children; and August 12, 1970 - 69 Pub. Law 91-375 84 STAT. 787 (5) that the traffic in such offensive advertisements is so large that individual citizens will be helpless to protect their privacy or their families without stronger and more effective Federal controls over the mailing of such matter. (b) On the basis of such findings, the Congress determines that it is contrary to the public policy of the United States for the facilities and services of the United States Postal Service to be used for the distribution of such materials to persons who do not want their privacy invaded in this manner or to persons who wish to protect their minor children from exposure to such material. EFFECTIVE DATES SEC. 15. (a) Except as provided in subsection (b) of this section, this section and sections 9 through 13 of this Act, and sections 202, 203, 205 (b) and (c), 206, and 401(2), and subchapter I of chapter 36 of title 39, United States Code, as enacted by section 2 of this Act, Ante, pp. 184, shall become effective on the date of enactment of this Act. Except 720, 722, 758. as otherwise provided in this Act, the other provisions of this Act shall become effective within 1 year after the enactment of this Act on the date or dates established therefor by the Board of Governors and published by it in the Federal Register. References to the Postal Put lication in Service in any provision of this Act (other than a provision referred Federal Register, to in the first sentence of this subsection) which becomes effective before the Postal Service commences operations shall be held and considered to refer to the Post Office Department until the Postal Service commences operations. (b) Sections 3010 and 3011 of title 39, United States Code, as enacted by section 2 of this Act, and sections 1735, 1736, and 1737 of title 18, United States Code, as enacted by section 6(j) of this Act, shall become effective on the first day of the sixth month which begins after the date of enactment of this Act. Approved August 12, 1970. Ante, p. 749. Ante, p. 781. LEGISLATIVE HISTORY: HOUSE REPORTS: No. 91-1104 (Comm. on Post Office and Civil Service) and No. 91-1363 (Comm. of Conference). SENATE REPORT No. 91-912 accompanying S. 3842 (Comm. on Post Office and Civil Service). CONGRESSIONAL RECORD, Vol. 116 (1970): June 16-18, considered and passed House. June 30, considered and passed Senate, amended. July 9, House requested conference. Aug. 3, Senate agreed to conference report. Aug. 6, House agreed to conference report. Public Law 93-406 93rd Congress, H. R. 2 September 2, 1974 An Act To provide for pension reform. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SHORT TITLE AND TABLE OF CONTENTS SECTION 1. This Act may be cited as the "Employee Retirement Income Security Act of 1974". TABLE OF CONTENTS Sec. 1. Short title and table of contents. TITLE I-PROTECTION OF EMPLOYEE BENEFIT RIGHTS Subtitle A--General Provisions Sec. 2. Findings and declaration of policy. 88 STAT. 829 Employee Retirement Income Security Act of 1974. 29 USC 1001 note. Sec. 3. Definitions. Sec. 4. Coverage. Subtitle B-Regulatory Provisions PART 1-REporting and DISCLOSURE Sec. 101. Duty of disclosure and reporting. Sec. 102. Plan description and summary plan description. Sec. 103. Annual reports. Sec. 104. Filing with Secretary and furnishing information to participants. Sec. 106. Reports made public information. Sec. 107. Retention of records. Sec. 108. Reliance on administrative interpretations. Sec. 202. Minimum participation standards. Sec. 203. Minimum vesting standards. Sec. 204. Benefit accrual requirements. Sec. 205. Joint and survivor annuity requirement. Sec. 206. Other provisions relating to form and payment of benefits. Sec. 207. Temporary variances from certain vesting requirements. Sec. 208. Mergers and consolidations of plans or transfers of plan assets. Sec. 209. Recordkeeping and reporting requirements. Sec. 210. Plans maintained by more than one employer, predecessor plans, and employer groups. Sec. 407. 10 percent limitation with respect to acquisition and holding of employer securities and employer real property by certain plans. 75-623 74 pt. 1 17 |