« PreviousContinue »
and responsibilities of any such position and to review and, subject to the President's approval, to change the allocation thereof whenever, in its opinion, the facts warrant: Provided, That such review and change shall be made only after consultation with the heads of the departments concerned and after affording all incumbents of positions affected an opportunity to be heard, of which hearing a permanent written record shall be made and kept, including all testimony taken: Provided further, That in all cases where the board shall change the allocation of a position to a lower grade the rate of pay fixed for such position prior to such change may be continued so long as the position is held by the incumbent then occupying it. (July 3, 1930, sec. 4, 46 Stat. 1005; 5 U. S. C., sec. 673b.)
225. Estimates of expenditures and appropriations in Budget to conform to classifications; rates of compensation.-That the estimates of the expenditures and appropriations set forth in the Budget to be transmitted by the President to Congress on the first day of the next ensuing regular session shall conform to the classification herein provided, and that the rates of salary in the compensation schedules shall not become effective until the first day of the fiscal year estimated for in such Budget. (Mar. 4, 1923, sec. 14, 42 Stat. 1499; 5 U. S. C., sec. 674.)
226. Salaries of persons in field service; payment.-Those civilian positions in the field services under the several executive departments and independent establishments, the compensation of which was fixed or limited by law but adjusted for the fiscal year 1925 under the authority and appropriations contained in the Act entitled "An Act making additional appropriations for the fiscal year ending June 30, 1925, to enable the heads of the several executive departments and independent establishments to adjust the rates of compensation of civilian employees in certain of the field services", approved December 6, 1924, may be paid under the applicable appropriations for the fiscal year 1929 and thereafter at rates not in excess of those permitted for them under the provisions of such Act of December 6, 1924. (Mar. 5, 1928, sec. 2, 45 Stat. 193; 5 U. S. C., sec. 677.)
227. Same; adjustment by heads of executive departments and independent establishments.-The heads of the several executive departments and independent establishments are authorized to adjust the compensation of certain civilian positions in the field services, the compensation of which was adjusted by the Act of December 6, 1924, to correspond, so far as may be practicable, to the rates established by this Act for positions in the departmental services in the District of Columbia.
Provided, That in all cases where, since December 6, 1924, in such adjustment the position occupied by an employee has been or shall be allocated to a grade with a maximum salary below the salary received by the incumbent, the rate of pay fixed for such position prior to such allocation may be paid after the date of the enactment of this Act [June 16, 1933] so long as the position is held by the incumbent occupying it at the time of such allocation and the Comptroller General of the United States is authorized and directed to allow credit in disbursing officers' accounts for all payments heretofore made at such higher rates. (May 28, 1928, sec. 3, 45 Stat. 785; June 16, 1933, sec. 17, 48 Stat. 308; 5 U. S. C., sec. 678.)
227a. Classified Civil Service construed.-That in the administration of the Civil Service Retirement Act approved May 22, 1920, the expression "all employees in the classified civil service of the United States", as used in section 1 thereof shall be construed to include all persons who have been heretofore or who may hereafter be given a competitive status in the classified civil service, with_or without competitive examination, by legislative enactment, or under the civil-service rules promulgated by the President, or by Executive orders covering groups of employees with their positions into the competitive classified service or authorizing the appointment of individuals to positions within such service. The expression "Classified civil service", as the same occurs in other Acts of Congress, shall receive a like construction to that herein given. (Mar. 27, 1922, 42 Stat. 470; 5 U. S. C., sec. 679.)
RETIREMENT OF CIVIL SERVICE EMPLOYEES
228. Eligibility for superannuation retirement.-All employees to whom this Act applies who, before its effective date, shall have attained or shall thereafter attain the age of seventy years and rendered at least fifteen years of service computed as prescribed in section 5 of this act [5 U. S. C., sec. 707] shall be eligible for retirement on an annuity as provided in section 4 [5 U. S. C., sec. 698] hereof: Provided, That city, rural, and village_letter carriers, post-office clerks, sea-post clerks, employees of the Indian Service at large excepting clerks, laborers, and mechanics generally shall, under like conditions, be eligible for retirement at sixty-five years of age and that railway postal clerks, mechanics and laborers in navy yards including leading men and quartermen but excluding master mechanics and foremen, and those employees engaged in pursuits whose occupation is hazardous or requires great physical effort, or which necessitates exposure to extreme heat or cold, and those employees whose terms of service shall include fifteen years or more of such service rendered in the Tropics, shall be eligible at sixty-two years of age; the classification of employees for the purpose of assignment to the various age groups shall be determined jointly by the Civil Service Commission and the head of the department, branch, or independent office of the Government concerned: Provided further, That any such employee who was employed as a mechanic for the major portion of his service, and not less than fifteen years, and was subsequent to August 20, 1920, involuntarily transferred to employment as a laborer and thereafter involuntarily discharged from the service of the United States, shall receive such annuity as he would have been entitled to, if on the day of his discharge from the service he had been retired under the provisions of this Act: Provided further, That any mechanic, having served thirty years, who was, through no fault of his own, transferred or reduced to a minor position, and who shall have attained, or who shall thereafter attain the age of sixty-two years, shall have his annuity computed upon his average annual basic salary, pay, or compensation for the last ten years of his service as a mechanic: Provided further, That the term "mechanics", as used in this Act, shall include all employees in the Government Printing Office whose duties are to supervise, perform, or assist in apprentice, helper, or
journeyman work of a recognized trade or craft, as determined by the Public Printer.
All employees to whom this Act applies, who would be eligible for retirement from the service upon attaining the age of seventy years, sixty-five years, or sixty-two years, as the case may be, shall, after attaining the age of sixty-eight years, sixty-three years, and sixty years, respectively, and having rendered at least thirty years' service, computed as provided in section 5 of this Act [5 U. S. C., sec. 707], be eligible for retirement on an annuity as provided in section 4 of this Act [5 U. S. C., sec. 698]. Retirement under the provisions of this paragraph shall be at the option of the employee; but if such option is not exercised prior to the date upon which the employee would otherwise be eligible for retirement from the service, the provisions of this Act with respect to automatic_separation from the service shall apply. (May 22, 1920, sec. 1, 41 Stat. 614; July 3, 1926, sec. 1, 44 Stat. 904; May 29, 1930, sec. 1, 46 Stat. 468; 5 U. S. C., sec. 691a.)
229. Automatic separation.-All employees to whom this Act applies shall, on arriving at retirement age as defined in the preceding section, and having rendered fifteen years of service, be automatically separated from the service, and all salary, pay, or compensation shall cease from that date, and it shall be the duty of the head of each department, branch, or independent office of the Government concerned to notify such employees under his direction of the date of such separation from the service at least sixty days in advance thereof.
No person separated from the service who is receiving an annuity under the provisions of section 1 of this Act shall be employed again in any position within the purview of this Act. (May 22, 1920, sec. 6, 41 Stat. 617; July 3, 1926, sec. 2, 44 Stat. 905; Mar. 3, 1927, sec. 1, 44 Stat. 1380; Feb. 20, 1929, 45 Stat. 1248; May 29, 1930, sec. 2, 46 Stat. 469; 5 U. S. C., sec. 715.)
230. Automatic separation; reappointment.-On and after July 1, 1932, no person rendering civilian service in any branch or service of the United States Government or the municipal government of the District of Columbia who shall have reached the retirement age prescribed for automatic separation from the service, applicable to such person, shall be continued in such service, notwithstanding any provision of law or regulation to the contrary: Provided, That the President may, by Executive Order, exempt from the provisions of this section any person when, in his judgment, the public interest so requires: Provided further, That no such person heretofore or hereafter separated from the service of the United States or the District of Columbia under any provision of law or regulation providing for such retirement on account of age shall be eligible again to appointment to any appointive office, position, or employment under the United States or the District of Columbia: Provided further, That this section shall not apply to any person named in any Act of Congress providing for the continuance of such person in the service. (June 30, 1932; sec. 204, 47 Stat. 404; 5 U. S. C., sec. 715a.)
231. Automatic separation; retirement of certain persons continued in service by executive order.-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, and who were continued in active service for a period of less than thirty days after June 30, 1932, pursuant to an Executive order issued under authority of section 204 of Part II of the Legislative Appropriation Act, fiscal year 1933 [5 U. S. C., sec. 715a], 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 from August 1, 1932, and the Civil Service Commission is hereby authorized and directed to make payments accordingly from the civil service retirement and disability fund. (Mar. 3, 1933, sec. 8, 47 Stat. 1515; Apr. 7, 1933, Executive Order 6670; 5 U. S. C., sec. 715b.)
232. Involuntary separation.-Whenever at any time hereafter prior to July 1, 1935, any employee of the United States or the District of Columbia to whom the Civil Service Retirement Act, approved May 29, 1930, applies, who has an aggregate period of service of at least thirty years computed as prescribed in section 5 of such Act [5 U. S. C., sec. 707], is involuntarily separated from the service for reasons other than his misconduct, such employee shall be entitled to an annuity computed as provided in section 4 of such Act [5 U. S. C., sec. 698], payable from the civil service retirement and disability fund less a sum equal to 32 per centum of such annuity: Provided, That when an annuitant hereunder attains the age which would have been the retirement age prescribed for automatic separation from the service applicable to such annuitant had he continued in the service to such retirement age, such deduction from the annuity shall cease. If and when any such annuitant shall be reemployed in the service of the District of Columbia or the United States (including any corporation the majority of the stock of which is owned by the United States), the right to the annuity provided by this section shall cease and the subsequent annuity rights of such persons shall be determined in accordance with the applicable provisions of retirement law existing at the time of the subsequent separation of such person from the service. (June 16, 1933, sec. 8a, 48 Stat. 305; 5 U. S. C., sec. 692d.)
233. Employees included. This Act [5 U. S. C., secs 691a-708a] shall apply to the following employees and groups of employees:
(a) All employees in the classified civil service of the United States, including all persons who have been heretofore or may hereafter be given a competitive status in the classified civil service, with or without competitive examination, by legislative enactment, or under civil service rules promulgated by the President, or by Executive orders covering into the competitive classified service groups of employees with their positions or authorizing the appointment of individuals to positions within such service.
(b) Superintendents of United States national cemeteries, and such employees of the offices of solicitors of the several executive departments, of the Architect of the Capitol, of the Library of Congress, of the United States Botanic Garden, of the recorder of deeds and register of wills of the District of Columbia, of the United States Soldiers' Home, of the National Home for Disabled Volunteer
Soldiers, of the State Department without the continental limits of the United States who are United States citizens and not within the Foreign Service as defined in the Act of May 24, 1924, and amendments thereof, and of the Indian Service at large whose tenure of employment is not intermittent nor of uncertain duration.
(c) All employees of the Panama Canal on the Isthmus of Panama who are citizens of the United States and whose tenure of employment is not intermittent nor of uncertain duration.
(d) Unclassified employees of the United States in all cities and in all establishments or offices in which appointments are made under labor regulations approved by the President, or from subclerical or other registers for the classified service; and unclassified employees transferred from classified positions: Provided, That these groups shall include only those employees whose tenure of employment is not intermittent nor of uncertain duration.
(e) All regular annual employees of the municipal government of the District of Columbia, appointed directly by the commissioners or by other competent authority, including those employees receiving per diem compensation paid out of general appropriations and including public-school employees, excepting school officers and teachers.
(f) All employees and groups of employees to whom the benefits of the Act of May 22, 1920, and amendments thereof, shall have been extended by Executive orders.
(g) Postmasters of the first, second, and third class who have been promoted, appointed, or transferred from the classified civil service.
This Act shall not apply to such employees of the Lighthouse Service as come within the provisions of section 6 of the Act of June 20, 1918, entitled "An Act to authorize aids to navigation and for other works in the Lighthouse Service, and for other purposes nor to members of the police and fire departments of the municipal government of the District of Columbia, nor to postmasters excepting those specifically described in paragraph (g) of this section, nor to such employees or groups of employees as may have been before the effective date of this Act excluded by Executive orders from the benefits of the Act of May 22, 1920, and amendments thereof.
The provisions of this Act may be extended by Executive order, upon recommendation of the Civil Service Commission, to apply to any employee or group of employees in the civil service of the United States not included at the time of its passage. The President shall have power, in his discretion, to exclude from the operation of this Act any employee or group of employees in the civil service whose tenure of office or employment is intermittent or of uncertain duration: Provided, That the provisions of this Act shall apply to anyone who entered the United States mail service as a rural carrier before January 1, 1897, and who continued in the service as such carrier continuously for twenty years or more, and who was honorably separated from the service. Such carrier shall be paid such compensation under this Act as his length of service entitles him to receive. (May 22, 1920, sec. 1, 41 Stat. 614; July 3, 1926, sec. 3, 44 Stat. 905; May 29, 1930, sec. 3, 46 Stat. 470; 5 U. S. C., sec. 693.)