Service Commission to be legally entitled thereto, and such payment shall be a bar to recovery by any other person.** 53.110 Designation of beneficiary. The designation of beneficiary shall be in writing on the prescribed Form 2806-1, signed and acknowledged in the presence of two witnesses, neither of whom shall be named as beneficiary. The designation of beneficiary must be received in the Civil Service Commission prior to the death of the designator. Any person, firm, corporation, or legal entity may be named as beneficiary. A revocation or change of beneficiary may be made at any time and without the knowledge or consent of the previous beneficiary, except that no change of beneficiary will be recognized unless made in writing on Civil Service Commission Form 2806-1, entitled "Designation of Beneficiary", and filed with the Civil Service Commission prior to the death of the annuitant or employee. A purported change of beneficiary in a duly probated last will and testament of an annuitant or employee shall not be recognized as a valid change of beneficiary, but shall be construed as canceling and removing any beneficiary recorded before the date of the execution of the said will, and payment shall be made as though no beneficiary had been designated. A designation of beneficiary or a change of beneficiary may be made only by an employee within the purview of one of the retirement acts whose name is borne on the rolls of the department or independent establishment at the time of the execution thereof or by an annuitant, actual or potential, whose claim for annuity has been administratively approved or is pending before the Commission, or by a former employee who is eligible for retirement under the involuntary separation provision of the Acts.*t 53.111 Designation of agent. In the case of a claim for amount due a deceased employee or annuitant where no beneficiary has been named and no executor or administrator has been appointed, but claim is made by next of kin, and if there be more than one entitled thereto, it shall be permissible for the others to designate the one who makes the claim to act as agent to receive their distributive shares.*t 53.112 Disclosure of information. Files, records, reports, and other papers and documents pertaining to any claim filed with the Civil Service Commission, whether pending or adjudicated, will be deemed confidential and privileged, and no disclosure thereof will be made except as provided herein. Disclosure of information from the files, records, reports and other papers and documents shall be made to a claimant or to his duly authorized representative in matters concerning himself alone when such disclosure would not be injurious to the physical or mental health of the claimant or be regarded as a breach of confidence. The name or address of a beneficiary designated by an employee or annuitant will, during the life of the employee or annuitant, be furnished only to the designator when request therefor is made in writing over the signature of the designator. Such information as may properly be disclosed to a claimant personally shall, in the event of his death, be disclosed upon proper request to the duly appointed representative of his estate, or Page 72 **For statutory and source citations, see note to § 53.101. to such person as may be designated by such representative, or to a duly designated beneficiary. Where no representative of the decedent's estate has been appointed, any of the decedent's next of kin shall be recognized as the representative of his estate. Where copies of documents or other records are desired by or on behalf of parties to a suit, whether in a court of the United States or any other court, such copies shall be furnished to the court only, and on an order of the court or subpoena duces tecum, addressed to the President, U. S. Civil Service Commission. Where a process of a United States Court or other court requires production of documents or records contained in the retirement files of a claimant, such documents will be produced in the court out of which the process has issued. Where original records are produced, they must remain at all times in the custody of a representative of the Civil Service Commission, and if offered or received in evidence, permission should be obtained to substitute a copy so that the original record may remain intact in the file. The address of a claimant as shown by the Civil Service Commission's records may be furnished to duly constituted police or court officials upon proper request or the submission of a certified copy either of an indictment returned against the claimant or of a warrant for his arrest. Disclosure of the amount of annuity or refund to any claimant may be made to any national, State, county, municipal or other publicly recognized charitable or social security agency. Copies of papers, records, etc., the furnishing of which would be prejudicial to the interests of the Government; copies of reports of examining surgeons; reports from the War Department; or copies of records of other departments and other confidential matters, will not be furnished. Certificates of discharge, adoption papers, marriage certificates, decrees of divorce, letters testamentary or of administration, birth or baptismal records, family records, personal letters, diaries, and other personal papers or articles which may have been filed in a claim, shall, when no longer needed in the settlement of such claim, be returned to the persons entitled thereto upon written request therefor; and whenever papers so returned constitute part of the material and essential evidence in a claim, photostat or other copies of the same, or of such parts thereof as may appear to possess evidential value, shall be retained in the case.*t 53.113 Appeals. An appeal may be taken to the Civil Service Commission from the original action or order affecting the rights or interest of any person or of the United States under the civil service retirement law except as provided in this section. Appeals must be filed by a claimant or a duly accredited representative, but no appeal shall lie to the Commission's Board of Appeals and Review until original action has been completed. An appeal taken in behalf of a claimant by or through a representative who is not recognized by the Commission, or whose recognition has been canceled, shall not be entertained. Except as hereinafter ordered, the time for filing an appeal shall be 6 months from the date of mailing notice of the final action or order of which complaint is made. In applications for disability retirement made by a department or establishment of the Government the time for filing an appeal shall be 30 days from **For statutory and source citations, see note to § 53.101. Page 73 date of receipt of notice of action or order. In simultaneously contested claims, where one is allowed and one rejected, the time allowed for the filing of an appeal shall be 60 days from the date of receipt of the notice of the Commission's action by the claimant to whom the action is adverse. Upon the filing of an appeal all parties, other than the appellant, whose interests may be adversely affected by the decision, shall be notified by registered letter of the filing of the appeal and of the substance thereof and allowed 30 days from the date of the receipt of such notice within which to file brief or argument in answer thereto before the papers are forwarded to the Board of Appeals and Review. The return of a registered letter unclaimed, containing notice, addressed to the last known post-office address, shall constitute sufficient evidence of notice. Each appeal shall show the name and post-office address of appellant, his retirement claim number, the date and substance of the action from which the appeal is taken, and full reasons for the appeal. In proceedings before the Commission in which it shall be decided that a party has no right to appeal or that said appeal may not be entertained under the provisions of this section, such party may apply to the Commissioners for an order directing that the record be forwarded to the Board of Appeals and Review. Such application shall be in writing and shall fully and specifically set forth the grounds upon which the request is based. If, upon consideration, the application is granted, jurisdiction shall vest in the Board of Appeals and Review to dispose properly of the case. In any case involving conflicting claims of two or more parties wherein the time allowed for appeal is limited to 60 days, there shall be a stay of execution of the decision of the Board of Appeals and Review until the expiration of the period of 30 days within which a motion for reconsideration may be filed. No appeal will be considered by the Civil Service Commission to review the decisions of the Secretary of the Interior prior to July 21, 1930, or of the Administrator of Veterans' Affairs prior to September 1, 1934, on civil service retirement cases except where, upon the basis of newly discovered material evidence, the case has been reopened and originally reconsidered, in which event the provisions of this section shall apply.*t Sec. PART 54-ANNUAL LEAVE REGULATIONS 54.1 Definitions. 54.2 General provisions. 54.3 Employees excepted. Sec. 54.4 Ratification; revocation; effective date. Section 54.1 Definitions. As used in this part: (a) "Employee" and "employees" include officer and officers, respectively. (b) "Permanent employees" are those appointed without limitation as to length of service or for definite periods in excess of 6 months. (c) "Temporary employees" are those appointed for definite periods of time not exceeding 6 months. (d) "Emergency employees" are those whose compensation is paid from emergency funds and whose tenure of appointment is limited to the period for which the emergency funds are available. Page 74 **For statutory and source citations, see note to § 53.101. (e) "Indefinite employees" are those appointed for the "duration of the job" and those who, although paid only when actually employed, are continuously employed or required to be available for duty for a period of not less than one month, as distinguished from part-time or intermittent employees. (f) "Accumulated leave" means the unused annual leave not exceeding 60 days which has accrued during years prior to the current year. (g) "Current annual leave" means the leave authorized by statute for the current year. (h) "Current accrued leave" means that part of the current annual leave which bears the same ratio to the current annual leave that the expired part of the current year bears to the full year. (i) "Unaccrued leave" means that part of the current annual leave which bears the same ratio to the current annual leave as the unexpired part of the current year bears to the full year.*† *88 54.1 to 54.4, inclusive, (except for the amendment noted in the text,) issued under the authority contained in sec. 7, 49 Stat. 1162; 5 U.S.C., Sup., 30e. †The source of §§ 54.1 to 54.4, inclusive, is Executive Order 7845, prescribing regulations relating to annual leave of government employees, Mar. 21, 1938, 3 F.R. 612. 54.2 General provisions. (a) Permanent employees who have been employed continuously for 1 year or more and who do not contemplate leaving the service during the current calendar year shall be entitled to current annual leave with pay at any time during such calendar year not in excess of 26 days. In addition to current annual leave such employees may be granted accumulated leave not to exceed 60 days. (b) Leave shall be granted at such time or times as may be deemed to be in the public interest. (c) (1) Unaccrued leave shall be granted only with the express understanding that if such leave is not later earned during the calendar year, deductions will be made for the unearned portion from any salary due the employee, or from any deductions in the retirement fund to the credit of the employee. (2) In cases of separations where employees are indebted to the Government for advanced annual leave such indebtedness shall be charged against the employee on the basis of the salary rate obtaining during the period of advanced annual leave and on the basis of I day's pay for each day of absence, exclusive of Sundays and holidays. Absences for fractional parts of a day will be charged proportionately. This provision shall not apply in cases of death, retirement for age or disability, reduction of force, or when an employee who is not eligible for retirement is unable to return to duty because of disability, evidence of which shall be supported by an acceptable certificate from a registered practicing physician or other practitioner. (d) Employees, other than temporary, entering the service by original appointment or by reinstatement shall be entitled to annual leave with pay accruing at the rate of 2% days for each month of service rendered until the completion of 1 year's service. Emergency and indefinite employees shall be entitled to annual leave with pay accruing at the rate of 21% days per month for each month of service, and may in addition thereto be granted accumulated leave. Page 75 (e) Effective as of January 1, 1938, an employee transferred or reappointed without break in service from one permanent, emergency, or indefinite position to another permanent, emergency, or indefinite position within the same or a different Government agency shall at the time of the transfer or reappointment be credited with such accumulated and current accrued leave as may be due him, or charged with any unaccrued leave which may have been advanced. "Break in service" means separation from the service for a period of one or more work days. [As amended by E.O. 7879, May 9, 1938, 3 F.R. 905] (f) An employee voluntarily separated from the service without prejudice during any calendar year shall be entitled to all of his accumulated leave plus his current accrued leave to and including the date of separation. (g) An employee who is involuntarily separated from the service other than for cause due to his own misconduct shall be entitled to all of his accumulated leave and current accrued leave, and the date of his discharge shall be fixed so as to permit him to take such leave. The date of discharge of an employee separated from the service for cause due to his own misconduct may, within the discretion of the administrative office concerned, be fixed so as to permit the allowance of all or any part of accumulated leave and current accrued leave. (h) Leave without pay shall not be granted until all accumulated leave and current accrued leave allowable under the regulations in this part is exhausted, except that employees injured in line of duty may take leave without pay, if desired, covering their absence due to such injury instead of covering such time by annual leave; and during absence because of such injury and while being paid by the Employees' Compensation Commission, employees shall continue to earn leave, which shall, however, be granted only in the event of their return to actual duty. (i) Annual leave shall accrue to an employee while in a leave-withpay status. Except as provided in paragraph (h), annual leave shall not accrue to an employee while in a non-pay status due to leave without pay or furlough when the duration of such non-pay status in any calendar year aggregates 30 days or more: Provided, That when the duration of such non-pay status is in excess of 30 days in any calendar year, such excess shall affect the accrual of annual leave only when it aggregates 10 days, and likewise for each aggregate period of 10 days thereafter. (j) Except in the case of temporary employees, Sundays and holidays occurring within a period of annual leave shall not be charged as annual leave: Provided, That in the case of employees whose terms or conditions of employment require that they regularly work on a Sunday or a holiday and be off duty on another day of the week in lieu thereof, the Sunday or holiday occurring within a period of annual leave shall be charged as annual leave and the lieu day shall not be so charged. The word "holidays" as used herein means all days declared or recognized by Federal statute as holidays, all days specifically declared holidays by Executive order, and all days on which the departments and establishments are closed by Executive Page 76 |