« AnteriorContinuar »
of this title, so that they shall be comparable, as nearly as may be, with the grades in said sections for offices or positions that are comparable as to duties, responsibilities, qualifications required, and other conditions of employment.
(c) Establishment of necessary schedules of differentials in rates prescribed by compensation schedules. Whenever the President, upon report and recommendation by the Commission, shall find and declare that the rates of the compensation schedules of sections 661-673 and 674 of this title, are inadequate for any offices or positions under such sections, as extended, he may by Executive order establish necessary schedules of differentials in the rates prescribed in such compensation schedules, but the differentials in the compensation of any such office or position shall not exceed 25 per centum of the minimum rate of the grade to which such office or position is allocated under such compensation schedules: Provided, That the provisions of this subsection shall be applicable only to such offices or positions having the following characteristics:
Offices or positions which are located at stations that are isolated, remote, or inaccessible when compared with stations at which offices or positions of the same character are usually located, or which involve physical hardships or hazards that are excessive when compared with those usually involved in offices or positions of the same character, or which are located outside the States of the United States and the District of Columbia: Provided further That nothing herein contained shall preclude the Commission from taking the factor of isolation, hardship, hazard, or foreign service into consideration in allocating a given class of offices or positions to a service and grade under sections 661673 and 674 of this title, if such factor is uniformly involved in each office or position in the class, in which event no differential is authorized under this section.
(e) Prohibition against racial, religious, or color discrimination.-In carrying out the provisions of sections 681-684 of this title, and the provisions of sections 661-673 and 674 of this title, there shall be no discrimination against any person, or with respect to the position held by any person, on account of race, creed, or color. (Nov. 26, 1940, ch. 919, title II, § 3, 54 Stat. 1212.)
$ 682. Same; exclusion of certain offices and positions from Classification Act.-The President is authorized, after suitable investigation by the Commission, which shall include consultation with representatives of the heads of executive departments and independent agencies, in or under the jurisdiction of which the offices or positions hereinafter designated are located, and upon a finding that such action is necessary to the more efficient operation of the Government, to exclude, by Executive order, from the provisions of sections 661-673 and 674 of this title as extended under sections 681-684 of this title
Offices or positions on work which is financed jointly by the United States and a State, Territory, or possession of the United States (including the Philippine Islands), or political subdivision thereof, or cooperating persons or organizations outside the
service of the Federal Government, and the pay of which is fixed under a cooperative agreement with the United States; offices or positions, none or only part of the compensation of which is paid from funds of the United States; offices or positions filled by inmates, patients, students, or beneficiaries in Government institutions; offices or positions outside the States of the United States and the District of Columbia filled by natives of Territories or possessions of the United States (including the Philippine Islands) or foreign nationals; emergency or seasonal offices or positions in the field service, or other field offices or positions, the duties of which are of purely temporary duration, or which are required only for brief periods at intervals; and offices or positions filled by persons employed locally on a fee, contract, or piece-work basis who may lawfully perform their duties concurrently with their private profession, business, or other employment and whose duties require only a portion of their time, where it is impracticable to ascertain or anticipate the proportion of time devoted to the service of the Federal Government. (Nov. 26, 1940, ch. 919, title II, § 4, 54 Stat. 1214.)
§ 683. Same; allocation to services, grades, and classes, and fixing initial compensation of positions and offices. When any extension of sections 661-673 and 674 of this title, becomes effective under sections 681-684 of this title
(a) The allocations of offices or positions to services, grades, and classes shall be made as set forth in section 664 of this title and in accordance with a uniform procedure to be prescribed by the Commission; and
(b) The initial compensation of the incumbents of the offices or positions to which the provisions of sections 661-673 and 674 of this title are extended under sections 681-684 of this title, shall be fixed in accordance with section 666 of this title. (Nov. 26, 1940, ch. 919, title II, § 5, 54 Stat. 1215.)
§ 684. Same; effect on promotions and applications of veteranpreference provisions.-Nothing contained in sections 631a, 631b, 681-684, and the last paragraph of section 669 of this title shall be construed to prevent the promotion of an officer or employee from an office or position in one class to a vacant office or position in a higher class at any time in accordance with civil-service laws, and when so promoted the officer or employee shall receive compensation according to the schedule established for the class to which he is promoted. Nor shall anything in section 631a, 631b, 681-684, and the last paragraph of section 669 of this title be construed to prevent the application of the existing veteranpreference provisions in civil-service laws, Executive orders, and rulings. (Nov. 26, 1940, ch. 919, title II, S 6, 54 Stat. 1215.)
RETIREMENT OF CIVIL SERVICE EMPLOYEES 8 691. Voluntary retirement; involuntary retirement of disqualied employees; payment of annuities; automatic separation.
-(a) All officers and employees to whom this chapter applies who shall have attained, or shall hereafter attain the age of seventy years and have rendered at least fifteen years of service computed as prescribed in section 707 of this title shall be
eligible for retirement on an annuity as provided in section 698 of this title.
(b) Any officer or employee to whom this chapter applies 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 may, upon his own option, retire and shall be paid an annuity computed as provided in section 698 of this title.
(c) The head of a department or independent Government agency concerned may request the retirement of any such officer or employee described in subsection (b) of this section who, by reason of a disqualification is unable to perform satisfactorily and efficiently the duties of his position or some other position of the same grade or class as that occupied by the employee and to which he could be assigned. No such request shall be submitted to the Civil Service Commission unless and until the said officer or employee has been notified in writing of the proposed retirement. Each such officer or employee shall,
upon request by him, have opportunity for a hearing before the Civil Service Commission, at which hearing the officer or employee may appear in person or he may be represented by a person of his choice. No such officer or employee shall be so retired unless the Civil Service Commission after examination finds that he is so disqualified. The determination of the Civil Service Commission as to whether the officer or employee shall be retired under this subsection shall be final and conclusive. Any person so retired shall be paid an annuity computed as provided in section 698 of this title. Nothing in this subsection shall be deemed to authorize any person to request the retirement of any officer or employee in the legislative branch of the Government within the classes of officers and employees which were made eligible for the benefits of this chapter by sections 693b-693d, 698b, 715d, and 719a of this title, or any employee of the office of the Architect of the Capitol.
(d) Any officer or employee who has completed thirty years of service computed in accordance with the provisions of section 707 of this title and who has reached or may hereafter reach the age of fifty-five years may voluntarily retire and shall be paid an immediate life annuity beginning on the first day of the month following the date of separation from the service having a value equal to the present worth of a deferred annuity at the age of sixty years computed as provided in section 698 of this title.
If none of the options provided in this section is exercised prior to the date upon which the officer or employee would otherwise be eligible for retirement from the service, the provisions of this chapter with respect to automatic separation from the service shall apply. (As amended July 3, 1926, ch. 801, § 1, 44 Stat. 904; May 29, 1930, ch. 349, § 1, 46 Stat. 468; Jan. 24, 1942, ch. 16, § 1, 56 Stat. 13; Mar. 7, 1942, ch. 166, § 16 (a), 56 Stat. 147.)
AMENDMENTS 1942—Act Jan. 24, 1942, cited to text, amended section by striking out former provisions and substituting new text.
Subsec. (c) was amended by act Mar. 7, 1942, cited to text, which struck out “any elective officer,” after “retirement of" in last sentence thereof.
CONSTRUCTION AND EFFECTIVE DATE OF ACT JAN. 24, 1942 Sections 10 and 11 of act Jan. 24, 1942, which act affected sections 691, 693, 698, 715, 718a, 719, 724, 733, 735, 736, and 736b of this title, provided as follows:
"Sec. 10. Nothing in this Act shall be so construed as to affect any rights of persons separated prior to the effective date of this Act, but all such rights shall continue and may be enforced in the same manner as though this Act had not been made.
"Sec. 11. This Act shall take effect upon approval except as otherwise provided herein."
REIMBURSEMENT OF OFFICERS MADE INELIGIBLE BY ACT MAR. 7, 1942 Section 16 (d) of act Mar. 7, 1942, cited to text, provided as follows: “The amounts deducted and withheld from the basic salary, pay, or compensation of any officer made ineligible for the benefits of such Act of May 29, 1930, as amended (Title 5, § 691 et seq.), by the amendments made by this section to such Act of May 29, 1930* (affecting Title 5, SS 691 (c), 693 (a), and 715 (a)), and deposited to the credit of the civil-service retirement and disability fund, and any additional amounts paid into such fund by such officer, shall be returned to such officer within thirty days after the date of enactment of this Act.”
HISTORY OF CIVIL SERVICE RETIREMENT ACTS Act May 22, 1920, cited to text, was the original Civil Service Retirement Act and as such was the basis of this chapter. Acts July 3, 1926, and May 29, 1930, also cited, purported to be general amendments of the 1920 act and acts amendatory thereof, and of the 1926 act, respectively; yet despite their declared purport each appears to have been treated actually as a basic act, superseding all prior enactments.
Word "chapter" in this section refers to the entire act of May 29, 1930, cited to text, which affected sections 691, 693, 698, 706-715, 716-719-1, 720736, 736b, and 736c of this title.
CROSS REFERENCES Automatic separation generally, see section 715 et seq. of this title.
Definition of term "department" as used in this section, see note under section 693 of this title.
§ 693. Employees included.—(a) This chapter shall apply to all officers and employees in or under the executive, judicial, and legislative branches of the United States Government, and to al: officers and employees of the municipal government of the District of Columbia, except elective officers and heads of executive department: Provided, That this chapter shall not apply to any such officer or employee of the United States or of the municipal government of the District of Columbia subject to another retirement system for such officers and employees of such governments: Provided further, That this chapter shall not apply to any officer or employee in the legislative branch of the Government within the classes of officers and employees which were made eligible for the benefits of this chapter by sections 693b-693d, 698b, 715d, and 719a of this title, until he gives notice in writing to the disbursing officer by whom his salary is paid, of his desire to come within the purview of this chapter; and any officer or employee within such classes may, within sixty days after January 24, 1942, withdraw from the purview of this chapter by giving similar notice of such desire. In the case of any officer or employee in the service of the legislative branch of 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.
(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 this chapter shall not apply to employees of the Senate or the House of Representatives whose employment is temporary or of uncertain duration; and the Architect of the Capitol is authorized to exclude from the operation of this chapter any employees under the Office of the Architect of the Capitol 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, SS 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.)
AMENDMENTS 1942—Act Jan. 22, 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). Subsec. (a) was amended by act Mar. 7, 1942, cited to text.
REFERENCES IN TEXT
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.
""DEPARTMENT" IN SUBSECTION (A) DEFINED Section 1 (d) of act Mar. 7, 1942, cited to text, provided as follows: “(d) the term 'department', including such term when used in the amendment made by section 16 (section 1016 of Appendix to Title 50, amending Title 5, $$ 691, 693, and 715), means any executive department, independent establishment, or agency (including corporations) in the executive branch of the Federal Government." Said section 1 (d) was made effective from Sept. 8, 1939, until twelve months after the termination of the present war, as proclaimed by the President, by provision of section 15 of that act, constituting section 1015 of Appendix to Title 50, War.
CROSS REFERENCES Reimbursement of officers made ineligible for benefits by act Mar. 7, 1942, cited to text, see note under section 691 of this title.
§ 698. Method of computing annuities.—(a) The annuity of an employee retired under the provisions of the preceding sections of this chapter 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