the Government on January 24, 1942, such notice of desire to come within the purview of this chapter must be given within the calendar year 1942. In the case of any officer or employee of the legislative branch of the Government who enters the service after January 24, 1942, such notice of desire to come within the purview of this chapter must be given within six months after the date of entrance to the service.

For the purposes of this chapter, the Official Reporters of the proceedings and debates of the Senate and persons employed by them in connection with the performance of their duties as such reporters shall be deemed to be officers or employees in or under the legislative branch of the Government, and service heretofore or hereafter rendered as an Official Reporter of Debates of the Senate or as a person employed by the Official Reporters of Debates of the Senate in connection with the performance of their duties as such reporters shall be deemed to be service as an officer or employee in or under the legislative branch of the Government. The provisions of this chapter shall not apply to any such Official Reporter or person employed by them until he gives notice in writing to the said Official Reporters of his desire to come within the purview of this chapter. In the case of any such Official Reporter or person employed by them who is in service on the date of enactment of this subsection, such notice of desire to come within the purview of this chapter must be given within six months after such date. In the case of any such Official Reporter or person employed by them who enters the service subsequent to the date of enactment of this subsection, such notice of desire to come within the purview of this chapter must be given within six months after the date of such entrance into the service. No provision of this chapter or any other Act relating to automatic separation from the service shall be applicable to any such Official Reporter or person employed by them. In the case of any officer or employee in the service of the National Library for the Blind on January 26, 1948, notice of desire to come within the purview of sections 691, 693, 693-1, 698, 707, 708, 709-715, 716 to 719-1, 720-725, 727-729, 730, 731, 733, 736b, and 736c of this title must be given to the disbursing officer by whom his salary is paid within six months from January 26, 1948. In the case of any officer or employee of the National Library for the Blind who enters the service of such Institution after January 26, 1948, such notice of desire to come within the purview of said sections must be given within six months after the date of entrance into such service.

Notwithstanding any other provision of sections 691, 693, 693-1, 698, 707, 708, 709-715, 716 to 719-1, 720-722, 724, 725, 727-729, 730, 731, 733, 736b, and 736c of this title any officer or employee in the legislative branch of the Government within the classes of officers or employees which were made eligible for the benefits of said sections by sections 693b, 693c, 693d, 698b, 715d, and 719a of this title, serving in such position on the effective date of this Act, may give notice of his desire to come within the purview of sections 691, 693, 693-1, 698, 707, 708, 709-715, 716 to 719-1, 720-722, 724, 725, 727-729, 730, 731, 733, 736b, and 736c of this title at any time prior to July 1, 1948. Notwithstanding any other provision of sections 691, 693, 693-1, 698, 707, 708, 709-715, 716 to 719-1, 720-722, 724, 725, 727-729, 730,

731, 733, 736b, and 736c of this title, any officer or employee in the legislative branch of the Government within the classes of officers or employees which were made eligible for the benefits of said sections 693b-693d, 698b, 715d and 719a of this title, serving in such position on August 19, 1949, may give notice of his desire to come within the purview of sections 691, 693, 693-1, 698, 707, 708, 709-715, 716 to 719-1, 720-722, 724, 725, 727-729, 730, 731, 733, 736b, and 736c of this title at any time prior to January 30, 1950.

(b) The President shall have power, in his discretion, to exclude from the operation of this chapter any officer or employee or group of officers or employees in the executive branch of the service whose tenure of office or employment is intermittent or of uncertain duration.

(c) The provisions of sections 691, 693, 693-1, 698, 707, 708, 709715, 716 to 719-1, 720-722, 724, 725, 727-729, 730, 731, 733, 736b, and 736c of this title shall not apply to employees of the Senate or the House of Representatives whose employment is temporary or of uncertain duration or to temporary employees of the Administrative Office of the United States Courts or of the courts specified in section 610 of Title 28; and the Architect of the Capitol and the Librarian of Congress are authorized to exclude from the operation of said sections any employees under the Office of the Architect of the Capitol and the Library of Congress, respectively, whose tenure of employment is temporary or of uncertain duration. (As amended July 3, 1926, ch. 801, § 3, 44 Stat. 905; May 29, 1930, ch. 349, § 3, 46 Stat. 470; July 3, 1930, ch. 863, §§ 1-5, 46 Stat. 1016, 1017; June 23, 1936, ch. 728, 49 Stat. 1888; Aug. 4, 1939, ch. 426, § 1, 53 Stat. 1200; Jan. 24, 1942, ch. 16, § 3, 56 Stat. 15; Mar. 7, 1942, ch. 166, § 16(c), 56 Stat. 147; July 24, 1946, ch. 612, § 1, 60 Stat. 659; Aug. 2, 1946, ch. 753, Title VI, § 602(a), 60 Stat. 850; June 21, 1947, ch. 112, 61 Stat. 135; Jan. 26, 1948, ch. 17, §§ 1, 2, 62 Stat. 5; Feb. 28, 1948, ch. 84, § 3(b), 62 Stat. 49; Aug. 2, 1949, ch. 381, 63 Stat. 490; Aug. 19, 1949, ch. 486, 63 Stat. 621; Oct. 19, 1949; ch. 698, § 1, 63 Stat. -.)

References in text.-Words "January 26, 1948," where it appears in the text the first and third times originally read "the effective date of this amendment", and where it appears the second time it originally read "the date of enactment of this Act.'

Reference to "the effective date of this Act" refers to the effective date of Act May 29, 1930, cited to text, and classified to sections 691, 693, 693—1, 698, 707, 708, 709-715, 716 to 719-1, 720-722, 724, 725, 727-729, 730, 731, 733, 736b, and 736c of this title.

Word "chapter" read "Act" in amendatory Acts cited to text. For disposition of chapter in this title, see note set out under section 691 of this title.

Amendments.-Subsec. (a) amended by Acts Oct. 19, 1949, and Aug. 19, 1949, both cited to text. Act Oct. 19, 1949, made section applicable to employees of Columbia Institute for the Deaf. Act Aug. 19, 1949, added last paragraph relating to time within which legislative employees may come within the purview of the Act.

Subsec. (a) amended by Acts Feb. 28, 1948, and Jan. 26, 1948, both cited to text. Act Feb. 28, 1948, added last paragraph to permit secretaries and clerks to Members of Congress and congressional committees who have not already elected to become members of the retirement system to do so provided such election is made prior to July 1, 1948. Act Jan. 26, 1948, included officers of the National Library for the blind with provisions of this chapter.

Subsec. (a) amended by Act June 21, 1947, cited to text, amended section by extending provisions of this chapter to official reporters of Senate debates and to persons employed by such reporters.

Subsec. (a) amended by Acts Aug. 2, 1946, and Mar. 7, 1942, both cited to text.

Act Aug. 2, 1946, inserted "in the executive branch of the Government" following "except elective officers", thus making section applicable to members of Congress. Act. Mar. 7, 1942, amended subsec. (a) generally.

Subsec. (c) amended by Act Aug. 2, 1949, cited to text, to exclude temporary employees of the Library of Congress and the federal Courts from the operation of the Retirement Act.

Act. July 24, 1946, cited to text, amended section to make it applicable to heads of executive departments and independent agencies.

Act Jan. 24, 1942, cited to text, amended Act May 29, 1930, also cited, by striking out all thereof and inserting in lieu thereof the material therein set out. The section had previously consisted of subsecs. (a)-(h).

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.

Effective date; definition.-Section 2 of Act July 24, 1946, cited to text, provided: "This Act [this section] shall be effective, with respect to any head of a department, at the beginning of his first pay period commencing in the second month following the month in which this Act is enacted [July 24, 1946]. As used in this section the term 'department' means any department, independent establishment, or agency (including corporations) in the executive branch of the Government."'

Effective date.-For effective date of amendment of this section by Act Feb. 28, 1948, cited to text, see note set out under section 691 of this title.

Act of May 22, 1920, cited to text, was amended in full by Act of July 3, 1926, cited to text. The act of 1926 contained a reference to "effective date" similar to that now contained in former subd. (g) of this section. Section 19 of that act provided that it should become effective July 1, 1926. The Act of 1926 was in turn amended in full by the Act of May 29, 1930, cited to text. Section 3 of the Act of 1930 contained a reference to "effective date" similar to that mentioned above. Section 19 of that Act gave as its effective date, July 1, 1930. The act of 1930 was amended in part by the Act of Aug. 4, 1939. Section 1 of the 1939 act purported to amend section 3 of the 1930 Act, "by striking out all of that portion thereof beginning with paragraph (g) and continuing to the end of the section and inserting in lieu thereof" the matter contained in subd. (g) et seq., of this section. Section 5 of the Act of 1939 reads as follows: "Sec. 5. This Act shall take effect January 1, 1940."

Termination of war and emergencies.-Joint Res. July 25, 1947, ch. 327, § 3, 61 Stat. 451, provided that in the interpretation of act Mar. 7, 1942, cited to text, which amended this section and is set out as sections 1001-1017 of Appendix to Title 50, the date July 25, 1947, shall be deemed to be the date of termination of any state of war theretofore declared by Congress and of the national emergencies proclaimed by the President on Sept. 8, 1939, and May 27, 1941.

§ 698. Method of computing annuities.-(a) The annuity of an officer or employee retired under sections 691, 693, 693—1, 698, 707, 708, 709-715, 716 to 719-1, 720-722, 724, 725, 727-729, 730, 731, 733, 736b, and 736c of this title shall be a life annuity, terminable upon the death of the annuitant and shall be an amount equal to the following: (1) 12 per centum of the average annual basic salary, pay, or compensation received by the officer or employee during any five consecutive years of allowable service at the option of the officer or employee multiplied by the years of service, or (2) 1 per centum of the average annual basic salary, pay, or compensation received by the officer or employee during any five consecutive years of allowable service at the option of the officer or employee multiplied by the years of service, plus a sum equal to $25 for each year of such service: Provided, That in no case shall the annuity exceed an amount equal to 80 per centum of the highest average annual basic salary, pay, or compensation received by the officer or employee during five consecutive years of allowable service.

(b) Any officer or employee retiring under the provisions of sec

tions 691, 715, or 710-714 of this title may, at the time of retirement, elect to receive in lieu of the life annuity described herein a reduced annuity and an annuity after death payable to his or her surviving widow or widower designated by such officer or employee at time of retirement equal to 50 per centum of such life annuity. The life annuity of the officer or employee making such election shall be reduced by 5 per centum of so much thereof as does not exceed $1,500, plus 10 per centum of the balance of such life annuity, and shall be further reduced by three-fourths of 1 per centum of such life annuity for each full year, if any, the designated wife or husband is under the age of sixty at the date of such retirement, but the total reduction shall in no case be more than 25 per centum of such life annuity. The annuity of such widow or widower shall begin on the first day of the month in which the death of the officer or employee occurs or the first day of the month following the widow's or widower's attainment of age fifty, whichever is the later, and such annuity or any right thereto shall terminate upon his or her death or remarriage.

(c) Any unmarried officer or employee in good health retiring under the provisions of section 691 or 751 of this title may at the time of his retirement elect to receive in lieu of the life annuity described herein a reduced annuity payable to him during his life, and an annuity after his death payable to a survivor annuitant having an insurable interest in such officer or employee, duly designated in writing and filed with the Civil Service Commission at the time of his retirement, during the life of such survivor annuitant equal to 50 per centum of such reduced annuity and upon the death of such survivor annuitant all payments shall cease and no further annuity shall be due and payable. The annuity hereunder payable to the officer or employee shall be 90 per centum of the life annuity otherwise payable if the survivor annuitant is the same age or older than the annuitant, or is less than five years. younger than the annuitant; 85 per centum if the survivor annuitant is five but less than ten years younger; 80 per centum if the survivor annuitant is ten but less than fifteen years younger; 75 per centum if the survivor annuitant is fifteen but less than twenty years younger; 70 per centum if the survivor annuitant is twenty but less than twenty-five years younger; and 60 per centum if the survivor annuitant is twenty-five or more years younger. No such election shall be valid until the retiring officer or employee shall have satisfactorily passed a physical examination as prescribed by the Civil Service Commission. No person shall be eligible to receive an annuity under this subsection and an annuity under subsection (c) of section 724 of this title based upon the service of the same officer or employee, covering the same period of time.

(d) For the purpose of sections 691, 693, 693-1, 698, 707, 708, 709715, 716 to 719-1, 720-722, 724, 725, 727-729, 730, 731, 733, 736b, and 736c of this title all periods of service shall be computed in accordance with section 707 of this title, and the monthly annuity installment shall be fixed at the nearest dollar.

(e) Except as provided in sections 931 and 935(a) of this title, the term "basic salary, pay, or compensation," wherever used in sections 691, 693, 693-1, 698, 707, 708, 709-715, 716 to 719-1, 720-722, 724, 725, 727-729, 730, 731, 733, 736b, and 736c of this title shall be so

construed as to exclude from the operation of said sections all bonuses, allowances, overtime pay, or salary, pay, or compensation given in addition to the base pay of the position as fixed by law or regulation: Provided, That in cases of officers and employees paid on a fee basis, the maximum "basic salary, pay, or compensation" which may be used for the purposes of this chapter shall be $10,000 per annum.

(f) In the case of an officer or employee retiring under the provisions of this Act, who is a citizen of the United States, the annuity otherwise computed under subsection (a) of this section shall be increased by an amount equal to $36 multiplied by the number of years service rendered in the Territory of Alaska between March 12, 1914, and July 1, 1923, either in the employ of the Alaska Engineering Commission or The Alaska Railroad, or on the Isthmus of Panama between May 4, 1904, and April 1, 1914, either in the employ of the Isthmian Canal Commission or the Panama Railroad Company. (May 22, 1920, ch. 195, § 2, 41 Stat. 614; July 3, 1926, ch. 801, § 4, 44 Stat. 907; May 29, 1930, ch. 349, § 4, 46 Stat. 471; Aug. 4, 1939, ch. 426, § 2, 53 Stat. 1201; Jan. 24, 1942, ch. 16, § 4, 56 Stat. 16; Nov. 9, 1945, ch. 456, § 2, 59 Stat. 577; Feb. 28, 1948, ch. 84, § 4, 62 Stat. 49; July 21, 1949, ch. 356, § 4, 63 Stat. 476; 1949 Reorg. Plan No. 5, eff. Aug. 19, 1949, 14 F.R. 5227, 63 Stat. ; Sept. 30, 1949, ch. 588, 63 Stat. -; Oct. 5, 1949, ch. 602, § 1, 63 Stat. 704.)

References in text.-The term "chapter" as used in this section refers to Act May 29, 1930, cited to text, distribution of which is shown in note under section 691 of this title.

Amendments.-Subsec. (b) amended by Act Sept. 30, 1949, cited to text, to provide the same survivorship benefits for widowers of married female employees as have been provided for widows.

Subsec. (e) amended by Act Oct. 5, 1949, cited to text, which added proviso to limit maximum basic salary on which retirement may be computed to $10,000 per

year.

Subsec. (f) added by Act July 21, 1949, cited to text.

Act Feb. 28, 1948, cited to text, amended section generally to change the method of computing annuities, to omit option giving a retired employee the right to clect an increased annuity carrying a forfeiture of his retirement contributions upon his death, and to change provision relating to reduced annuities with residue to widow or survivor annuitant designated at time of retirement.

Subsec. (a) amended by Act Nov. 9, 1945, cited to text, which substituted "December 31 of each year" in lieu of "June 30 of each year".

Subsection (b) was amended by Act Jan. 24, 1942, cited to text, which added matter following semicolon.

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.

Effective date.-Amendment of subsec. (e) of this section by Act Oct. 5, 1949, cited to text, was made retroactively effective to Apr. 1, 1948, by section 2 of said Act Oct. 5, 1949.

Amendment of section by Act July 21, 1949, cited to text, effective as of Apr. 1, 1948, see note set out under section 740 of this title.

For effective date of amendment of this section by Act Feb. 28, 1948, cited to text, see note set out under section 691 of this title.

Act Aug. 4, 1939, cited to text, was made effective Jan. 1, 1940, by section 5 of said Act.

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, cited to text. See note set out under section 632 of this title.