Analysis of age and length of service of Regular Establishment disability cases on rolls

April 1935

1 Does not include service prior to 1898 or World War and Spanish War peacetime cases.

Source: Budget and Statistics, July 15, 1935.

4, 487 1, 479

408

942

1 16,962

Comparative table of retirement, pension, and disability compensation laws applying to enlisted men and nurses of the Regular Army, Navy,
Marine Corps, Coast Guard, and civil employees of the United States Government

1. Retirement for service.

Army

Enlisted men with 30 years' service
are eligible (10 U. S. C. 947, 947a), and
entitled to retired pay equal to 75 per-
cent of the pay and allowances received
at time of retirement. Allowances are
$9.50 per month in lieu of rations and
clothing and $6.25 per month in lieu of
quarters, fuel, and light (10 U. S. C.
980).

Nurses with 30 years' service or reach-
ing age 50, having served 20 years eligible
(10 U. S. C. 1029). The annual retired
pay shall be 3 percent of the annual base
pay received at time of retirement
multiplied by the number of complete
years of service rendered prior to retire-
ment, but not exceeding 75 percent of
such annual active base pay and in
addition supplemental annual retired
pay for each complete year of active
service rendered prior to retirement in
the following grades: Chief nurse, $18;
assistant superintendent, $45; director,
$45; assistant director, $45; superin-
tendent, $75 (10 U. S. C. 1030).

Nurses same as Army (34 U. S. C.
438, 439):

Enlisted men transferred to Fleet
Naval Reserve under act of Feb. 28,
1925, upon completion of 30 years' serv-
ice, including naval service and time in
Fleet Naval Reserve, are eligible for
transfer to the retired list of the Regular
Navy with 1⁄2 of the base pay of their
ratings plus all permanent additions
thereto, and the allowances to which
enlisted men of the same ratings are
entitled upon retirement after 30 years'
naval service (34 U. S. C. 784).

Enlisted men who were serving in the
Regular Navy on July 1, 1925, or who,
having been discharged therefrom prior
to that date, reenlisted in the Regular
Navy after July 1, 1925, and within 3
months from said discharge, or who were
serving in the Naval Reserve Force on
July 1, 1925, in an enrollment entered
into within 4 months from the date of
their discharge from the Regular Navy
and have heretofore reenlisted or may
hereafter reenlist in the Regular Navy
within 3 months from the date of their
discharge from the Naval Reserve, shall
be entitled to be transferred to the Fleet
Naval Reserve on the completion of 16
years or more naval service, and when
so transferred shall, except when on
active duty, be entitled to receive, after
they have had 16 but less than 20 years'
naval service, pay at the rate of 3 of
the base pay received by them at the

Civil Service

All employees in the classified Civil Service of the
United States and certain other groups are eligible
(a) upon attaining age 70, 65, or 62, whichever age
applies, and having rendered at least 15 years' service;
(b) those who would otherwise be eligible upon
attaining age 70, 65, or 62, whichever age applies, who
have attained the age of 68, 63, or 60, respectively,
and have rendered 30 years' service have the optional
right to retirement (5 U. S. C. 691, 693); (c) those who
have served not less than 15 years, who are age 55,
or over, who are involuntarily separated from the
service, not by removal from cause on charges of
misconduct or delinquency; (d) those who have served
not less than 15 years, who are 45 years of age, or over,
and less than 55 years, who are involuntarily sepa-
rated from the service, not by removal for cause on
charges of misconduct or delinquency (5 U. S. C.
733).

Beginning as of July 1, 1926, there shall be deducted
and withheld from the basic salary, pay, or com-
pensation of each employee to whom this chapter
applies a sum equal to 312 percent of such employee's
basic salary, pay, or compensation. The amounts
so deducted and withheld shall, in accordance with
such procedure as may be prescribed by the Comp-
troller General of the United States, be deposited in
the Treasury of the United States to the credit of
the "civil-service retirement and disability fund"
created by this chapter (5 U. S. C. 719).

The annuity of an employee retired 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 30: Provided, That such portion of the
annuity shall not exceed 34 of the average annual
basic salary, pay, or compensation received by the
employee during any 5 consecutive years of allow-
able service at option of employee; and (2) the amount
of annuity purchaseable with the sum to the credit
of the employee's individual account as provided
in section 724 of this title, together with interest at
4 percent 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

time of transfer, plus all permanent
additions thereto, and if they have had
20 years or more naval service pay at
the rate of 11⁄2 of the base pay received
by them at the time of transfer, plus all
permanent additions thereto: Provided,
That the pay authorized in this section
shall be increased 10 percent for all men
who have been credited with extraor-
dinary heroism in the line of duty or
whose average marks in conduct for 20
years or more shall not be less than 95
percent of the maximu:n: Provided fur-
ther, That for all purposes of this section
a complete enlistment during minority
shall be counted as 4 years' service, and
any enlistment terminated within 3
months prior to the expiration of the
term of such enlistment shall be counted
as the full term of service for which
enlisted (34 U. S. C. 787).

In time of peace, all enlisted men
transferred to the Fleet Naval Reserve
in accordance with sec. 787 of this title
may be required to perform not more
than 2 months' active duty in each 4-
year period and shall be examined physi-
cally at least once during each 4-year
period, and if upon such examination
they are found not physically qualified
they shall be transferred to the retired
list of the Regular Navy, with the pay
they are then receiving, and upon the
completion of 30 years' service, including
naval service, time in the Fleet Naval
Reserve, and time on the retired list
of the Navy, they shall receive the
allowances to which enlisted men of the
Regular Navy are entitled on retire-
ment after 30 years' naval service:
Provided, That all enlisted men so trans-
ferred to the Fleet Naval Reserve who
are not transferred to the retired list
pursuant to the foregoing provisions of
this section, shall upon completion of
30 years' service, including naval service
and time in the Fleet Naval Reserve,
be transferred to the retired list of the
Regular Navy with the pay they were
then receiving and the allowances to
which enlisted men of the same rating
are entitled on retirement after 30 years'
naval service (34 U. S. C. 788).

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 compen-
sation, not to exceed $1,600 per annum, received by
the employee during any 5 consecutive years of allow-
able service at option of employee, multiplied by the
number of years of service, not exceeding 30 years,
and divided by 40: and Provided further, That any
employee at time of his retirement may elect to re-
ceive, in lieu of 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 chapter, all periods
of service shall be computed in accordance with sec-
tion 707, and the annuity shall be fixed at the nearest
multiple of 12 (5 U. S. C. 698).

Employees involuntarily separated from the
service, not by removal from cause on charges of
misconduct or delinquency, shall be paid as he or
she may elect, either-

(a) The total amount of his deductions with
interest thereon; or (b) An immediate life annuity
beginning at date of separation from service, having
a value equal to the present worth of a deferred
annuity beginning at the age the employee would
otherwise have become eligible for superannuation
retirement computed as provided in section 698 of
this title; or (c) A deferred annuity beginning at age
the employee would otherwise have become eligible
for superannuation retirement, computed as provided
in section 698 of this title. The right to such deferred
annuity shall be evidenced by a proper certificate.
Any employee who has served for a period of not
less than 15 years, and who is 45 years of age, or over,
and less than 55 years, and who becomes separated
from the service under the conditions set forth in
this section shall be entitled to a deferred annuity,
but such employee may, upon reaching the age of
55 years, elect to receive an immediate annuity as
provided in paragraph (b) of this section (5 U. S. C.
733).

Comparative table of retirement, pension, and disability compensation laws applying to enlisted men and nurses of the Regular Army, Navy, Marine Corps, Coast Guard, and civil employees of the United States Government-Continued

2. Retirement for
disability.

All employees in the classified Civil Service of the
United States and certain other groups who shall
have served for a total period of not less than 5 years
and who, before becoming eligible for retirement on
account of service, becomes totally disabled for useful
and efficient service in the grade or class of position
occupied by the employee, by reason of disease or
injury not due to vicious habits, intemperance, or
willful misconduct on the part of the employee, shall,
upon his own application or upon the request or
order of the head of the department, branch, or inde-
pendent office concerned, be retired on an annuity
(5 U. S. C. 693, 710).

Every annuitant so retired, unless the disability
for which retired be permanent in character, shall at
the expiration of 1 year from the date of such retire-
ment and annually thereafter, until reaching the age
at which he or she would be eligible for retirement on
account of service, be examined under the direction
of the Civil Service Commission in order to ascertain
the nature and degree of the annuitant's disability,
if any. If an annuitant shall recover before reaching
retirement age and be restored to an earning capacity
which would permit him to be appointed to some
appropriate position, fairly comparable in compen-
sation to the position occupied at the time of retire-
ment, payment of the annuity shall be continued
temporarily to afford the annuitant opportunity to
seek such available position but not in any case
exceeding 90 days from the date of the medical exam-
ination showing such recovery. Should the annui-
tant fail to appear for examination, as required, pay-
ment of the annuity shall be suspended until contin-
uance of the disability shall have been satisfactorily
established. The Civil Service Commission may
order or direct at any time such medical or other
examination as it shall deem necessary to determine
the facts relative to the nature and degree of disa-
bility of any employee retired on an annuity under
this section (5 U. S. C. 711).

The annuities payable for disability shall be in such amounts and computed in the same manner as those provided for service (5 U. S. C. 698).

With special rates for more serious
disabilities up to $125 per month. Regu-
lar aid and attendance $75 per month.
In case any officer (including warrant
and Reserve officers) or enlisted man is
injured or killed while performing air-
mail duty he or his dependents are en-
titled to pension at the wartime service-
connected rates prescribed under Public,
No. 2 and Veterans' Regulations for
Spanish-American War and World War
(Public No. 140, 73d Cong., Mar. 27,
1934).

Specific disabilities:

(1) Loss or loss of use of both hands,
or of both feet, or of one hand
and one foot, or so helpless as
to be in need of regular aid and
attendance, $75.

(2) Loss or loss of use of both hands
and one foot, or of both feet
and one hand, or blind in both
eyes, having only light per-
ception, $87.

(3) Blind in both eyes, having only
light perception, and loss or
loss of use of one hand or of
one foot, $100.

(4) Loss or loss of use in (1), (2),
and (3), entitling to two or
more rates therein provided,
no condition considered twice
in determination, $125.
(5) Other disabilities evaluated
under rating schedule and
amount of pension is one of
the ten rates provided from
$6 to $45.

Same as Army, except Reserve per-
sonnel of the Navy and Marine Corps in
the active service after June 30, 1925 (43
Stat. 1084) not entitled to pension but
are entitled to employees' compensa-
tion (R. & P. R., 2006-C).

Same as Army.

The United States shall pay compensation as here-
inafter specified for the disability of an employee
resulting from a personal injury sustained while in
the performance of his duty, but no compensation
shall be paid if the injury is caused by the willful
misconduct of the employee or by the employee's
intention to bring about the injury of himself or of
another, or if intoxication of the injured employee is
the proximate cause of the injury (5 U. S. C. 751).

If the disability is total, the United States shall
pay to the disabled employee during such disability
a monthly compensation equal to 6633 percent of his
monthly pay, except as hereinafter provided (5
U. S. C. 753).

If the disability is partial, the United States shall
pay to the disabled employee during such disability
a monthly compensation equal to 6633 percent of the
difference between his monthly pay and his monthly
wage-earning capacity after the beginning of such
partial disability. The Commission may, from time
to time, require a partially disabled employee to
make an affidavit as to the wages which he is then
receiving. In such affidavit the employee shall
include a statement of the value of housing, board,
lodging, and other advantages which are received
from the employer as a part of his remuneration and
which can be estimated in money. If the employee,
when required, fails to make such affidavit, he shall
not be entitled to any compensation while such
failure continues, and the period of such failure shall
be deducted from the period during which compen-
sation is payable to him (5 U. S. C. 754).

If a partially disabled employee refuses to seek
suitable work or refuses or neglects to work after
suitable work is offered to, procured by, or secured
for him, he shall not be entitled to any compensation
(5 U. S. C. 755).

The monthly compensation for total disability
shall not be more than $116.66, nor less than $58.33,
unless the employee's monthly pay is less than $58.33,
in which case his monthly compenastion shall be the
full amount of his monthly pay. The monthly com-
pensation for partial disability shall not be more than
$116.66. In the case of persons who at the time of
the injury were minors or employed in a learner's
capacity and who were not physically or mentally
defective, the Commission shall, on any review after
the time when the monthly wage-earning capacity
of such persons would probably, but for the injury,
have increased, award compensation based on such
probable monthly wage-earning capacity. The
Commission may, on any review after the time when
the monthly wage-earning capacity of the disabled