Military Laws of the United States (Army).

678. Reinstatement; National Guard personnel relieved from Federal service.— Provided, That all officers and enlisted men of the National Guard and of the Medical Reserve Corps of the Army who are Government employees and who respond to the call of the President for service shall, at the expiration of the military service to which they are called, be restored to the positions occupied by them at the time of the call: * Sec. 1, act of Aug. 29, 1916 (39 Stat. 624); 5 U. S. C. 34.

678a. Retirement; date effective.-That hereafter retirement authorized by law of Federal personnel of whatever class, civil, military, naval, judicial, legislative, or otherwise, and for whatever cause retired, shall take effect on the 1st day of the month following the month in which said retirement would otherwise be effective, and said 1st day of the month for retirements hereafter made shall be for all purposes in lieu of such date for retirement as may now be authorized; except that the rate of active or retired pay or allowance shall be computed as of the date retirement would have occurred if this Act had not been enacted. Sec. 1, act of Apr. 23, 1930 (46 Stat. 253); sec. 18, act of June 29, 1936 (49 Stat. 2025); 5 U. S. C. 47a; 5 U. S. C. 7459.

By section 2 of this act it was to become effective July 1, 1930, and all laws in conflict therewith were repealed.

679. Retirement for age.-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 shall be eligible for retirement on an annuity as provided in section 4 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 10 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 sixtyeight 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, be eligible for retirement on an annuity as provided in section 4 of this Act. 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. Sec. 1, act of July 3, 1926 (44 Stat. 904); sec. 1, act of May 29, 1930 (46 Stat. 468); 5 U. S. C. 691.

The enacting clause of the act of July 3, 1926, provides "That the Act entitled 'An Act for the retirement of employees in the classified civil service, and for other purposes,' approved May 22, 1920, and Acts in amendment thereof, be, and they are hereby, amended to read as follows

680. Retirement; 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: * * * Sec. 2, act of July 3, 1926 (44 Stat. 905); act of Mar. 3, 1927 (44 Stat. 1380); act of Feb. 20, 1929 (45 Stat. 1248); sec. 2, act of May 29, 1930 (46 Stat. 469); 5 U. S. C. 715.

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, nothwithstanding 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. Sec. 204, Title II, Part II, act of June 30, 1932 (47 Stat. 404); 5 U. S. C. 715a.

That 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. Act of Aug. 28, 1935 (49 Stat. 941); 5 U. S. C. 715c.

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Notes of Decisions

Continuance in service.-Section 2, act of who reached the retirement age prescribed July 2, 1926 (44 Stat. 905), as amended; 5 U. S. C. 692a, so far as it authorized continuances in the service after reaching retirement age, is inconsistent with the second paragraph of this section, and consequently is repealed thereby. (1933) 37 Op. Atty. Gen. 187.

for automatic separation from the service on December 16, 1933, and who was not continued in the service by the President prior to January 1, 1934, was automatically separated from the service as of the latter date, and thereafter the President is without authority to exempt him by Executive order from retirement. (1934) 37 Op. Atty. Gen.

Under the second paragraph of this section and 678a, ante, a civilian employee 393.

681. Retirement act; employees included.-This Act 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.

and such

(b) Superintendents of United States national cemeteries employees of the United States Soldiers' Home, of the National Home for Disabled Volunteer Soldiers 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.

(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.

This act shall not apply

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. Sec. 3, act of July 3, 1926 (44 Stat. 905); sec. 3, act of May 29, 1930 (46 Stat. 470); act of June 23, 1936 (49 Stat. 1888); 5 U. S. C. 693.

Retirement of native employees of the Panama Canal and Panama Railroad Co. was provided for in act of March 2, 1931 (46 Stat. 1471); 48 U. S. C. 1371; of employees of the Alaska Railroad by act of June 29, 1936 (49 Stat. 2017).

The act of July 8, 1937 (50 Stat. 478) provides cash relief for Panama Canal employees not coming within the provisions of the retirement act; and the act of August 10, 1937 (50 Stat. 619) makes the retirement act applicable to U. S. Citizens separated subsequent to August 1, 1920. Regulations are prescribed by Executive Order No. 7837, March 18,

By act of July 13, 1937 (50 Stat. 512) as amended by act of June 25, 1938 (52 Stat. 1197) the provisions of the civil service retirement act were extended to cover employees of the legislative branch and of the United States Courts.

Employees of the United States Government or of any instrumentality of the United States are specifically excepted from the provisions of the Social Security Act of August 14, 1935 (49 Stat. 620), as follows:

Title II, Federal old-age benefits, by sec. 210 (b) (5) thereof (49 Stat. 625).

Title VIII, Taxes with respect to employment, by sec. 811 (b) (6) thereof (49 Stat. 639).

Title IX. Tax on employers of eight or more, by sec. 907 (c) (5) thereof (49 Stat. 643). See Treasury Department Regulations, Federal Register, Vol. I, No. 170, No. 172. Federal employees are also exempted from the benefits of District of Columbia Unemployment Compensation Act by sec. 1 thereof (49 Stat. 946).

Notes of Decisions

Persons holding positions excepted from civil-service rules.-The filling of a position excepted by law from civil-service rules by original appointment from a civil-service eligible list confers upon the person so appointed eligibility for transfer, promotion, or reinstatement in a classified position; but the employee does not thereby acquire a status protecting him from removal from such excepted position and is not entitled to the benefits of the Retirement Act. (1932) 37 Op. Atty. Gen. 7.

While the President may not by Executive order confer upon an individual a classified civil-service status while he is occupying a position exempt from the classified civil service (other than an eligibility status for transfer, promotion, or reinstatement to a position in the classified civil service), he may, by Executive order, under the last paragraph of this section, extend the benefits of the Retirement Act to a person occupying a position exempted from the classified civil service. (1933) 37 Op. Atty. Gen. 350.

682. Retirement act; computation of annuities. The annuity of an employee retired under the provisions of the preceding sections of this Act shall be a life annuity, terminable upon the death of the annuitant and shall be composed of: (1) A sum equal to $30 for each year of service not exceeding thirty: Provided, That such portion of the annuity shall not exceed three-fourths of the average annual basic salary, pay, or compensation received by the employee during any five consecutive years of allowable service at the option of the employee; and (2) the amount of annuity purchasable with the sum to the credit of the employee's individual account as provided in section 12 (a) hereof, together with interest at 4 per centum per annum compounded on June 30 of each year, 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: Provided, That the total annuity paid shall in no case be less than an amount equal to the average annual basic salary, pay, or compensation, not to exceed $1,600 per annum, received by the employee during any five consecutive years of allowable service at the option of the employee, multiplied by the number of years of service, not exceeding thirty years, and divided by forty: And provided further, That any employee at the time of his retirement may elect to receive in lieu of the life annuity herein described, an increased annuity of equivalent value which shall carry with it a proviso that no unexpended part of the principal upon the annuitant's death shall be returned. For the purposes of this Act all periods of service shall be computed in accordance with section 5 hereof, and the annuity shall be fixed at the nearest multiple of twelve.

The term "basic salary, pay, or compensation," wherever used in this Act, shall be so construed as to exclude from the operation of the act 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. Sec. 4, act of July 3, 1926 (44 Stat. 907); sec. 4, act of May 29, 1930 (46 Stat. 471); 5 U. S. C. 698, 706.

683. Retirement act; computation of service.-Subject to the provisions of section 9 hereof, the aggregate period of service which forms the basis for calculating the amount of any benefit provided in this Act shall be computed from the date of original employment, whether as a classified or an unclassified employee in the civil service of the United States, or in the service of the District of Columbia, including periods of service at different times and in one or more departments, branches, or independent offices, or the legislative branch of the Government, and also periods of service performed overseas under authority of the United States, and periods of honorable service in the Army, Navy, Marine Corps, or Coast Guard of the United States; in the case of an employee, however, who is eligible for and elects to receive a pension under any law, or retired pay on account of military or naval service, or compensation under the War Risk Insurance Act, the period of his military or naval service upon which such pension, retired pay, or compensation is based shall not be included, but nothing in this Act shall be so construed as to affect in any manner his or her right to a pension, or to retired pay, or to compensation under the War Risk Insurance Act in addition to the annuity herein provided.

In computing length of service for the purposes of this Act all periods of separation from the service, and so much of any leaves of absence as may exceed six months in the aggregate in any calendar year, shall be excluded, except such leaves of absence granted employees while receiving benefits under the United States Employee's Compensation Act, and in the case of substitutes in the Postal Service credit shall be given from date of original appointment as a substitute.

In determining the aggregate period of service upon which the annuity is to be based, the fractional part of a month, if any, in the total service shall be eliminated. Sec. 5, act of July 3, 1926 (44 Stat. 907); sec. 5, act of May 29, 1930 (46 Stat. 472); 5 U. S. C. 707.

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Military Laws of the United States (Army)., Volumul 3