competition only with other employees at their respective stations. (38 Op. Atty. Gen. 9/21/34.)

NOTE. Commencing 1935, efficiency ratings have been made on the basis of an adjective rating instead of a numerical rating. Under this modified procedure if an employee receives an adjective rating of "good" or better, his case is handled in the same manner as though he had a rating of 80 or better under the prior procedure.

1046. Reinstatement of Government employees to former positions who entered military or naval service of United States in war with Germany.—

NOTES OF DECISIONS

Reinstatement without time limit.-Under the provisions of civilservice rule IX, a person separated without delinquency or misconduct from a competitive position or from a position which he entered by transfer or promotion from a competitive position or to accept another appointment in the executive civil service may be reinstated upon The certificate of the Commission subject to certain limitations. reinstatement of persons not entitled to preference is subject to certain time limitations unless such persons have had five years' service or more. A former classified employee entitled to military preference in appointment, however, may be reinstated without time limit. (U. S. Civil Service Commission Form 1481, May 1936, par. 37.)

When examination is necessary.-No person may be reinstated to a position requiring an examination different from that required in the position from which he was separated without passing an appropriate examination. (Id. par. 38.)

Wives and widows of veterans.-Wives and widows of veterans must be entitled to preference in appointment in order to qualify for reinstatement without regard to the time limit. They must furnish the evidence required in paragraph 22 (d) and (e), respectively, including preference form 14. Separation from the service before marriage to the veteran does not affect the privilege conferred by the provision regarding reinstatement without time limit. (Id. par. 39.) 1053. Military retirement no bar to Government employment; limitation on account of retired pay.

NOTES OF DECISIONS

(a) The appointment of a retired naval officer retired for length of service, whose retired pay is in excess of $2500 per annum, to the position of Assistant Deputy Commissioner, Bureau of Internal Revenue, a permanent full-time position, was void ab initio and payment of compensation in the civilian position is not authorized. (14 Comp. Gen. 179.)

The appointment as Assistant Deputy Commissioner of the Internal Revenue, a permanent full-time office, of a retired officer of the Navy, receiving retired pay in excess of $2500 per annum, who is retired for length of service, is prohibited by the statute, and the prohibition of the statute may not be overcome by relinquishing retired pay while holding the civilian office. (14 Comp. Gen. 289.)

(c) See notes of decisions under Section 967.

1053.1. Double salary restrictions; retired officers and enlisted men excepted.-Unless otherwise specially authorized by law, no money appropriated by this or any other Act shall be available for payment to any person receiving more than one salary when the combined amount of said salaries exceeds the sum of $2,000 per annum, but this shall not apply to retired officers or enlisted men of the Army, Navy, Marine Corps, or Coast Guard, or to officers and enlisted men of the Organized Militia and Naval Militia in the several States, Territories, and the District of Columbia: Provided, That no such retired officer, officer, or enlisted man shall be denied or deprived of any of his pay, salary, or compensation as such, or of any other salary

or compensation for services heretofore rendered, by reason of any decision or construction of said section six. (May 10, 1916, c. 117, s. 6, 39 Stat. 120; Aug. 29, 1916, c. 417, 39 Stat. 582; 5 U. S. C. 58, 59.)

HISTORICAL NOTE

This is section 6 of the Act of May 10, 1916, entitled "An Act making appropriations for the Legislative, Executive, and Judicial Expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and seventeen, and for other purposes", as amended by the Act of Aug. 29, 1916, "An Act Making appropriations for the naval service for the fiscal year ending June thirtieth, nineteen hundred and seventeen, and for other purposes."

NOTES OF DECISIONS

A retired nurse of the Navy, retired for disability, is within the inhibition of this section, being neither a retired officer nor a retired enlisted man within the express exception to that statute, and accordingly may not be employed in a civilian position with the salary rating which, together with the annual rate of retired pay would exceed $2,000 per annum. (15 Comp. Gen. 74.)

1057. Employment of wives of soldiers and sailors serving in World War.

NOTES OF DECISIONS

Section 213 of the Act of June 30, 1932, 47 Stat. 406, quoted in the editorial note, takes precedence over veteran preference laws in conflict. (37 Op. Atty. Gen. 166.)

The provisions of Section 5 of the Act of August 31, 1918, 40 Stat. 956, are not in conflict with Section 213 of the Act of June 30, 1932, and accordingly these statutory provisions may be administered together. (Id.)

1058. Credit for military service in civil service retirement.—

NOTES OF DECISIONS

This section does not require the removal from the military retired list of a retired noncommissioned officer who elects to relinquish his retired pay for the purposes stated in the section. (37 Op. Atty. Gen. 457.)

Annuity payments to civilian employees of the U. S. retired under the Civil Service Retirement Act of May 22, 1920, as amended, computed on the basis of inclusion of military or naval service not at the time of retirement made the basis for military or naval pension, are for recomputation on the basis of the "periods of the wars" service as changed by the Act of Aug. 13, 1935, 49 Stat. 614, for payment of annuities subsequent to said act, if the annuitants elect to receive the military or naval pension. (16 Comp. Gen. 83.)

1059. Leaves of absence, annual leave, sick leave for veterans in executive departments.

The provisions of this section (Mar. 3, 1893, c. 211, s. 5, 27 Stat. 715; Mar. 15, 1898, c. 68, s. 7, 30 Stat. 316; July 7, 1898, c. 571, s. 1, 30 Stat. 653; Feb. 24, 1899, c. 187, s. 4, 30 Stat. 890; 5 U. S. C. 30) were included in the original compilation so that Ex. O. July 17, 1903, cited under "Notes of Decisions", could be fully understood. The statutes are probably superseded by Pub. No. 471, 74th Cong., "An Act To provide for vacations to Government employees, and for other purposes", March 14, 1936, c. 140, 49 Stat. 1161, 5 U. S. C. 29a, 30b, 30c, 30d, 30e, 301, 31a, and Pub. No. 472, 74th Cong., "An Act To standardize sick leave and extend it to all civilian employees", March 14, 1936, c. 141, 49 Stat. 1162; 5 U. S. C. 30f-30k.

Sec.

1061. Discharge from World War service as affecting rights to benefits World War veterans' Act. [Repealed in part.]

CROSS REFERENCE

See section 455 for explanation of amendments and notes of decisions.

1062. Discharge of soldiers for misrepresentation of age during World War held as honorable discharge. [Superseded.]

This section (Mar. 2, 1929, c. 524, 45 Stat. 1505; 10 U. S. C. 654a) has been superseded by the Act of March 3, 1936, c. 122, 49 Stat. 1159, 10 U. S. C. 654b; s. 1062.1 of this compilation.

1062.1. Discharge of soldiers for minority or misrepresentation of age during World War held as honorable discharge; back pay; honorable discharge certificate to be issued upon request.-In the administration of any laws conferring rights, privileges, or benefits upon honorably discharged soldiers of the United States Army, their widows and depend

ent children, a soldier who served as an enlisted man between April 6, 1917, and November 11, 1918, both dates inclusive, and who was discharged for fraudulent enlistment on account of minority or misrepresentation of age, shall hereafter be held and considered to have been discharged honorably from the military service on the date of his actual separation therefrom if his service otherwise was such as would have en

titled him to an honorable discharge: Provided, That no back pay or allowance shall accrue by reason of the passage of this Act: Provided further, That in all such cases the War Department shall, upon request, grant to such men, or their widows, a discharge certificate showing that the soldier is held and considered to have been honorably discharged under the provisions of this Act. (Mar. 3, 1936, c. 122, 49 Stat. 1159;

10 U. S. C. 654b.)

HISTORICAL NOTE

This is Pub. No. 467, 74th Cong., "An Act For the relief of World War soldiers who were discharged from the Army because of minority or misrepresentation of age."