for any position for which a like examination is required and such entry shall be made without any loss of seniority or other rights of eligibility conferred by this section: Provided, however, That this section shall not be construed to extend the period of eligibility which such person would have otherwise had. (July 31, 1946, ch. 714, § 1, 60 Stat. 749, amended June 28, 1948, ch. 694, 62 Stat. 1068.)

References in text.-Executive Order Numbered 9538 dated April 13, 1945, referred to in paragraph (2) of this section, is set out in 10 F.R. 4057.

1948 Amendment.-Subsec. (c) added by Act June 28, 1948, cited to text. Effective date.-Section 3 of Act July 31, 1946, cited to text, provided: "This Act [sections 645a and 645b of this title] shall take effect on the first day of the calendar month following the calendar month in which it is enacted."'

§ 645b. Same; period of compensation.-No person shall, by reason of the enactment of section 645a of this title, be entitled to any compensation for any period prior to August 1, 1946. (July 31, 1946, ch. 714, § 2, 60 Stat. 749.)

§ 652. Removal without pay from classified civil service-Only for cause; notice; copy of charges; time to answer; examination; record; persons exempt.-(a) No person in the classified civil service of the United States shall be removed or suspended without pay therefrom except for such cause as will promote the efficiency of such service and for reasons given in writing. Any person whose removal or suspension without pay is sought shall (1) have notice of the same and of any charges preferred against him; (2) be furnished with a copy of such charges; (3) be allowed a reasonable time for filing a written answer to such charges, with affidavits; and (4) be furnished at the earliest practicable date with a written decision on such answer. No examination of witnesses nor any trial or hearing shall be required except in the discretion of the officer or employee directing the removal or suspension without pay. Copies of the charges, the notice of hearing, the answer, the reasons for removal or suspension without pay, and the order of removal or suspension without pay shall be made a part of the records of the proper department or agency, as shall also the reasons for reduction in grade or compensation; and copies of the same shall be furnished, upon request, to the person effected and to the Civil Service Commission. This subsection shall apply to a person within the purview of section 863 of this title, only if he so elects.

(b) Reinstatement or restoration to duty; compensation; deductions; veterans; removal by reduction in force.-(1) Any person removed or suspended without pay under subsection (a) who, after filing a written answer to the charges as provided under such subsection or after any further appeal to proper authority after receipt of an adverse decision on the answer, is reinstated or restored to duty on the ground that such removal or suspension was unjustified or unwarranted, shall be paid compensation at the rate received on the date of such removal or suspension, for the period for which he received no compensation with respect to the position from which he was removed or suspended, less any amounts earned by him through other employment during such period, and shall for all purposes except the accumulation of leave be deemed to have rendered service during such period. A decision with respect to any appeal to proper authority under this paragraph shall be made at the earliest practicable date.

(2) Any person who is discharged, suspended, or furloughed without pay, under section 863 of this title, who, after answering the reasons advanced for such discharge, suspension, or furlough or after an appeal to the Civil Service Commission, as provided under such section, is reinstated or restored to duty on the ground that such discharge, suspension, or furlough was unjustified or unwarranted, shall be paid compensation at the rate received on the date of such discharge, suspension, or furlough for the period for which he received no compensation with respect to the position from which he was discharged, suspended, or furloughed, less any amounts earned by him through other employment during such period, and shall for all purposes except the accumulation of leave be deemed to have rendered service during such period.

(3) Any person removed or suspended without pay in a reduction in force who, after an appeal to proper authority, is reinstated or restored to duty on the ground that such removal or suspension was unjustified or unwarranted shall be paid compensation at the rate received on the date of such removal or suspension, for the period for which he received no compensation with respect to the position from which he was removed or suspended, less any amounts earned by him through other employment during such period, and shall for all purposes except the accumulation of leave be deemed to have rendered service during such period. A decision with respect to any appeal to proper authority under this paragraph shall be made at the earliest practicable date.

(c) Membership in associations, clubs, etc., no cause reduction in rank or compensation or removal.-Membership in any society, association, club, or other form of organization of postal employees not affiliated with any outside organization imposing an obligation or duty upon them to engage in any strike, or proposing to assist them in any strike, against the United States, having for its objects, among other things, improvements in the condition of labor of its members, including hours of labor and compensation therefor and leave of absence, by any person or groups of persons in said postal service, or the presenting by any such person or groups of persons of any grievance or grievances to the Congress or any Member thereof shall not constitute or be cause for reduction in rank or compensation or removal of such person or groups of persons from said service.

(d) Right to petition Congress.-The right of persons employed in the civil service of the United States, either individually or collectively, to petition Congress, or any Member thereof, or to furnish information to either House of Congress, or to any committee or member thereof, shall not be denied or interfered with. (As amended June 10, 1948, ch. 447, 62 Stat. 354.)

1948 Amendment.-Act June 10, 1948, cited to text, amended section generally to provide payment of compensation covering periods of separation to employees improperly removed or suspended without pay from the Federal service, less amounts earned by such employees through employment during such periods. Confiscation of salary of employee removed for cause, see section 46a of this

title.

CHAPTER 13.-CLASSIFICATION OF CIVILIAN POSITIONS

§ 661. Repealed. Oct. 28, 1949, ch. 782, Title XII, § 1202(1), 63 Stat.

Section, Act Mar. 4, 1923, ch. 265, § 1, 42 Stat. 1488, related to short title of Act and is not now covered. Similar provisions relating to Act Oct. 28, 1949, ch. 782, 63 Stat. -, are set out as a note under section 1071 of this title.

Effective date.-Repeal of section effective as of the first day of the first pay period which begins after Oct. 28, 1949, see note set out under section 1071 of this title.

§ 662. Repealed. Oct. 28, 1949, ch. 782, Title XII, § 1202(1), (5), 63 Stat.

Section, as amended June 20, 1929, ch. 33, § 3, 46 Stat. 38; June 30, 1932, ch. 314,505, 47 Stat. 416; Aug. 1, 1941, ch. 346, § 1, 55 Stat. 613, related to definitions and is now covered by section 1091 of this title.

Effective date.-Repeal of section effective as of the first day of the first pay period which begins after Oct. 28, 1949, see note set out under section 1071 of this title.

§ 663. Repealed. Oct. 28, 1949, ch. 782, Title XII, § 1202(1), (4), (5), (9), 63 Stat.

Section, as amended July 3, 1930, ch. 850; § 6, 46 Stat. 1005; June 30, 1932, ch. 314,505, 47 Stat. 416; June 30, 1945, ch. 212, Title IV, 401, 59 Stat. 298, related to rules and regulations, classification, etc., and is now covered by subchapter IV of chapter 21 of this title.

Effective date.-Repeal of section effective as of the first day of the first pay period which begins after Oct. 28, 1949, see note set out under section 1071 of this title.

§§ 663a, 663b. Appropriations for and director of Board

Sections, Act July 3, 1930, ch. 850, §§ 5, 6, 46 Stat. 1005, were omitted from the Code. They related to the Personnel Classification Board and the Director of Classification. Both the Board and the Director were abolished by Act June 30, 1932, ch. 314, § 505, 47 Stat. 416. See notes under sections 662, 663 of this title.

§§ 664-669. Repealed. Oct. 28, 1949, ch. 782, Title XII, § 1202(1), (5-7), (9), 63 Stat.

Section 664, as amended June 30, 1932, ch. 314, § 505, 47 Stat. 416, related to allocation of positions to grades and fixing rates of compensation by department heads, etc., and is now covered by sections 1102 and 1103 of this title.

Section 665, related to application of compensation schedules, and is covered by sections 1081-1085 of this title.

Section 666, related to rules governing fixing of compensation schedules, and is now covered by sections 1131-1133 of this title.

Section 667, as amended Aug. 1, 1941, ch. 346, § 2, 55 Stat. 613; June 30, 1945, ch. 212, Title IV, 66 402-404, 59 Stat. 299, related to increases in compensation, and is now covered by sections 1121-1125 of this title.

Section 668, related to existing preferences in appointments, and is now covered by section 1075 of this title.

Section 669, as amended June 30, 1932, ch. 314, § 505, 47 Stat. 416; Nov. 26, 1940, ch. 919, Title II, § 7, 54 Stat. 1215; Aug. 1, 1941, ch. 346, § 3, 55 Stat. 614, related to efficiency ratings, and is now covered by sections 1141 and 1142 of this title.

Effective date.-Repeal of section effective as of the first day of the first pay period which begins after Oct. 28, 1949, see note set out under section 1071 of this title.

§ 669a. Same; uniformity of administration; rules and regulations. -No employee in any civilian position in the executive branch of the Government of the United States, other than an employee in or under the field service of the Post Office Department or any employee of the Tennessee Valley Authority, shall be rated as to efficiency except under a system of efficiency ratings approved by the Civil Service Commission, and that the provisions of section 669 of this title, shall apply to all efficiency ratings under rating systems approved by the Civil Service Commission.

The Civil Service Commission is authorized to make and publish rules and regulations for the administration of the provisions of this section. (July 31, 1946, ch. 720, § 1, 60 Stat. 751, amended 1949 Reorg. Plan No. 5, eff. Aug. 19, 1949, 14 F.R. 5227, 63 Stat. —.)

Effective date.-Section 2 of Act July 31, 1946, cited to text, provided: "The provisions of this Act [this section] shall be effective upon enactment, except that, with respect to employees in the field services whose positions are not subject to the Classification Act of 1923, as amended [sections 661-663, 664-669, 670672, 673, and 674 of this title], such of the provisions of section 9 of the Classification Act of 1923, as amended [section 669 of this title], as require the Civil Service Commission to approve reductions in compensation and dismissals for inefficiency, or confer the right to a hearing and review of efficiency ratings by boards of review, shall not become effective until such boards of review in the field services are established as provided in section 7 of the Act of November 26, 1940 (54 Stat. 1215) [section 669 of this title], under regulations prescribed by the Civil Service Commission, with the approval of the President."

Transfer of functions.-All executive and administrative functions of the Civil Service Commission were transferred to the Chairman of the Civil Service Commission by 1949 Reorg. Plan No. 5, eff. Aug. 19, 1949, 14 F.R. 5227, 63 Stat. See note set out under section 133z-15 of this title.

§§ 670-673b. Repealed. Oct. 28, 1949, ch. 782, Title XII, § 1202(1– 5), (7-10), 63 Stat.

Section 670, related to transfer or promotion of employees, and is now covered by section 1132 of this title.

Section 671, related to temporary appointments not made permanent, and is not now covered.

Section 672, related to readjustment of compensation rates, is now covered by section 1114 of this title.

Section 672a, Act June 30, 1945, ch. 212, Title IV, § 405 (a, c), 59 Stat. 300, 301, related to increase in basic compensation rates, and is now covered by section 1113 of this title.

Section 672b, Act May 24, 1946, ch. 270, § 2(a, c), 60 Stat. 216, related to additional increase in compensation, and is now covered by section 1113 of this title. Section 672c, Act May 24, 1946, ch. 270, § 12(c), 60 Stat. 219, related to additional increases for certain grades of Crafts, Protective, and Custodial Service, and is now covered by section 1113 of this title.

Section 673, as amended May 28, 1928, ch. 814, § 1, 45 Stat. 776; July 3, 1930, ch. 850, 1, 46 Stat. 1003; Aug. 23, 1935, ch. 617, 49 Stat. 724; Aug. 1, 1941, ch. 346, 4, 55 Stat. 614; Aug. 1, 1942, ch. 543; § 1, 56 Stat. 733; June 30, 1945, ch. 212, Title IV, 405(b), 59 Stat. 300; May 24, 1946, ch. 270, §§ 2(b), 12(a, b), 60 Stat. 216, 219 related to compensation schedules, and is now covered by section

1112 of this title.

Section 673a, May 28, 1928, ch. 814, § 4, 45 Stat. 785, related to inapplicability of former section 673 to employees of Government Printing Office, and is now covered by section 1082 of this title.

Section 673b, Acts July 3, 1930, ch. 850, § 4, 46 Stat. 1005; June 30, 1932, ch. 314, 505, 47 Stat. 416, related to ascertainment of duties and responsibilities of positions, and is now covered by section 1101 of this title.

Effective date.-Repeal of section effective as of the first day of the first pay period which begins after Oct. 28, 1949, see note set out under section 1071 of this title.

§ 674. Repealed. Oct. 28, 1949, ch. 782, Title XII, § 1202(1), 63 Stat.

Effective date.-Repeal of section effective as of the first day of the first pay period which begins after Oct. 28, 1949, see note set out under section 1071 of this title.

§§ 678, 678a. Repealed. Oct. 28, 1949, ch. 782, Title XII, § 1202 (3), (4), 63 Stat.

Section 678, Acts May 28, 1928, ch. 814, § 3, 45 Stat. 785; June 16, 1933, ch.

101, 17, 48 Stat, 308, related to adjustment of salaries of persons in the field services, and is not now covered.

Section 678a, Act July 3, 1930, ch. 850, 2, 46 Stat. 1005, related to further adjustment of salaries of persons in the field services, and is not now covered. Effective date.-Repeal of section effective as of the first day of the first pay period which begins after Oct. 28, 1949, see note set out under section 1071 of this title.

§§ 681-684. Repealed. Oct. 28, 1949, ch. 782, Title XII, § 1202(6–8), 63 Stat.

Section 681, Acts Nov. 26, 1940, ch. 919, Title II, 3, 54 Stat. 1212; Aug. 1, 1941, ch. 346, 5(a), 55 Stat. 615; Aug. 1 1942, ch. 543, § 2(b), 56 Stat. 735; Aug. 13, 1946, ch. 957, Title IV, § 446, 60 Stat. 1006, related to extension of Classification Act of 1923, and is not now covered.

Section 682-684, Áct Nov. 26, 1940, ch. 919, Title II, §§ 4-6, 54 Stat. 1214, 1215, related to exclusion of certain officers from effects of extension of said Classification Act of 1923, etc., and are not now covered.

Effective date.-Repeal of section effective as of the first day of the first pay period which begins after Oct. 28, 1949, see note set out under section 1071 of this title.

Chapter 14.-RETIREMENT OF CIVIL SERVICE EMPLOYEES

§ 691. Voluntary retirement; involuntary retirement of disqualified employees; retirement of investigatory personnel; annuity payments after certain periods of service-(a) Annuity rate upon voluntary separation at certain age.-Any officer or employee to whom sections 691, 693, 693-1, 707, 708, 709-715, 716 to 719-1, 720-722, 724, 725, 727-729, 730, 731, 733, 736b and 736c of this title apply who shall have attained or shall hereafter attain the age of sixty years and have rendered at least thirty years of service computed as prescribed in section 707 of this title, or who shall have attained or shall hereafter attain the age of sixty-two years and have rendered at least fifteen years of such service, shall, upon separation from the service, be paid an annuity computed as provided in section 698 of this title.

(b) Annuity rate reduction upon voluntary separation at age 55.Any officer or employee to whom sections 691, 693, 693-1, 707, 708, 709-715, 716 to 719-1, 720-722, 724, 725, 727-729, 730, 731, 733, 736b, and 736c of this title apply who shall have attained or shall hereafter attain the age of fifty-five years and have rendered at least thirty years of service computed as prescribed in section 707 of this title shall, upon separation from the service, be paid an annuity computed as provided in section 698 of this title, reduced by one-fourth of 1 per centum for each full month such officer or employee is under the age of sixty years.

(c) Annuity rate reduction upon involuntary separation at age 55; effective date.-Any officer or employee to whom sections 691, 693, 693—1, 707, 708, 709-715, 716 to 719-1, 720-722, 724, 725, 727– 729, 730, 731, 733, 736b and 736c of this title apply after having rendered at least twenty-five years of service computed as prescribed in section 707 of this title, shall, upon involuntary separation from the service not by removal for cause on charges of misconduct or delinquency, be paid an immediate life annuity computed as provided in section 698 of this title reduced by one-fourth of 1 per centum for each full month such officer or employee is under the age of sixty years. This subsection shall become effective as of July 1, 1945.

(d) Investigatory personnel.-Any officer or employee to whom