of 1923, as amended, and without regard to the restrictions of law governing the employment or salaries of regular employees of the United States, which said employment shall in no instance be for a longer period than one year; and that expenditures for such employment shall be construed to be included in any appropriation heretofore or hereafter authorized or appropriated for any work of the Director of Public Buildings and Public Parks of the National Capital. Act of July 19, 1932 (47 Stat. 705); U.S.C. 40:5a.

650. Same; technical and professional personnel in connection with completion of the Tomb of the Unknown Soldier.

That in carrying into effect the provisions of that portion of the Act approved February 28, 1929 (Forty-fifth Statutes, page 1378), providing for the construction of approaches and surroundings, together with the necessary adjacent roadways, to the Tomb of the Unknown Soldier, in the Arlington National Cemetery, Virginia, the Secretary of War is authorized to do all the things necessary to accomplish this purpose, by contract or otherwise, with or without advertising, under such conditions as he may prescribe, including the engagement, by contract, of services of such architects, sculptors, artists, or firms, or partnerships thereof, and other technical and professional personnel as he may deem necessary without regard to civil-service requirements and restrictions of law governing the employment and compensation of employees of the United States: Provided, That the plans for the approaches and surroundings, together with those for the necessary adjacent roadways, to the Tomb of the Unknown Soldier, shall be approved by the Arlington Cemetery Commission, the American Battle Monuments Commission, and the Fine Arts Commission. Act of May 26, 1930 (46 Stat. 381).

The above provision is added as a new paragraph of this section.

651. Same; technical and professional personnel in connection with construction at military posts.

The first paragraph of the original text of this section, based on act of Feb. 28, 1929 (45 Stat. 1358), making appropriations for the War Department, and the second paragraph, based on sec. 1, title I, act of Mar. 4, 1929 (45 Stat. 1664), making appropriations for deficiencies, are not repeated in the corresponding acts for the fiscal year 1934.

659. Employment prohibited; more than one member of same family.

This section, based on section 7, act of March 3, 1919 (40 Stat. 1293), U.S.C. 5: 644, was specifically repealed by section 21, act of June 18, 1929 (46 Stat. 26).

660. Same; clerks in departments of Government in connection with National Home for Disabled Volunteer Soldiers.

This section, based on section 1, act of March 3, 1875 (18 Stat. 359), U.S.C. 24: 122, is omitted as obsolete.

665. Holidays; District of Columbia.

By public resolution of June 27, 1930 (46 Stat. 826), it was provided that employees of the Government and of the District who were excused from work on March 4, 1929, should be entitled to pay for said holiday.

By public resolution of July 2, 1930 (46 Stat. 849), Saturday, July 5, 1930, was declared a holiday in the District of Columbia for all purposes.

665a. Holidays; Saturday afternoons.-That on and after the effective date of this Act four hours, exclusive of time for luncheon, shall constitute a day's work on Saturdays throughout the year, with pay or earnings for the day the same as on other days when full time is worked, for all civil employees of the Federal Government and the District of Columbia, exclusive of employees of the Postal Service, employees of the Panama Canal on the Isthmus, and employees of the Interior Department in the field, whether on the hourly, per

diem, per annum, piecework, or other basis: Provided, That in all cases where for mesial public reasons, to be determined by the head of the Department or establishment having supervision or control of such employees, the services of much employees can not be spared, such employees shall be entitled to an equal shortening of the workday on some other day: Provided further, That the provisions of this Act shall not deprive employees of any leave or holidays with pay to which they may now be entitled under existing laws. Act of Mar. 3, 1931 Ch Beat. 102); UA.C. 5: 280.

By en 11, The II, act of Mar. 3, 1933 (47 Stat. 1516); U.S.C. 5:26b, certain emPlayes of the Veterans Administration were excepted from the provisions of this section, at the diarretion of the Administrator.

$71. Military preference; in appointment.

"CAC :" should be eliminated from the citation to the first paragraph of this

The second paragraph of this section, based on sec. 6, act of March 11, 1919 (40 Stat 1290), as amended by sec. 1, act of July 11, 1919 (41 Stat. 37); U.S.C. 5:35, was repealed by sec. 21, census act of June 18, 1929 (46 Stat. 26), but was reenacted by set. 3 of the same act (46 Stat. 21). The citation should be corrected accordingly.

NOTES OF DECISIONS

In general-Drafted man who, in obediene to mailed order, reported for duty and performed duties assigned until discharged for physical disqualification, held ad interim, as respects civil service proference. Hurley v. Crawley (1881) 56 F. (24) 1010, 60 App. D.C. 245.

$72. Same; in reduction or dismissal.

Removal.-Civil service preference given persons honorably discharged from military service goes to appointment only, not to retention in civil service. Hurley v. Crawley (1931) 50 F. (2d) 1010, 60 App. D.C. 245.

Executive Order No. 6175 of June 16, 1933, provides for a maximum credit for length of service of ten points in computing ratings to determine demotions and separations of departmental employees on account of reduction in force.

NOTES OF DECISIONS

Preference of honorably discharged soldiers, sailors, etc.-Surplus civil service employee with military preference held properly discharged without charges being pre

ferred, on finding that her record was not good, Longfellow v. Gudger (1926) 16 F. (2d) 653, 57 App. D.C. 50.

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. Bec. 1, act of Apr. 23, 1930 (46 Stat. 253); U.S.C. 5: 47a.

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. Section 1, act of July 3, 1926 (44 Stat. 904), as amended by section 1, act of May 29, 1930 (46 Stat. 468); U.S.C. 5: 691a.

The original text of this section is superseded by the above.

Retirement for employees of the Panama Canal and Panama Railroad Co. was provided for in act of March 2, 1931 (46 Stat. 1471); U.S.C. 48: 1371.

680. Same; 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), as amended by act of Mar. 3, 1927 (44 Stat. 1380), as amended by act of Feb. 20, 1929 (45 Stat. 1248), as amended by sec. 2, act of May 29, 1930 (46 Stat. 469); U.S.C. 5: 692a.

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, notwithstanding 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 retire ment 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); U.S.C. 5: 692b.

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, and who were continued in active service for a period of less than thirty days after June 30, 1932, pursuant to an Executive order issued under authority of section 204 of Part II of the Legislative Appropriation Act, fiscal year 1933, 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 from August 1, 1932, and the Administrator of Veterans' Affairs is hereby. authorized and directed to make payments accordingly from the civil service retirement and disability fund. Sec. 8, Title II, act of Mar. 3, 1933 (47 Stat. 1515); U.S.C. 5: 6920.

The original section, as amended, is restated in first paragraph above, the provisions for retention of employees after age limit having been superseded by second paragraph, 681. Same; employees included.

*

*

*

(b) Superintendents of United States national cemeteries

and

such 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.

The above provision should be substituted for paragraph (b) of this section and the citation changed to read: Sec. 3, act of July 3, 1926 (44 Stat. 905), as amended by sec. 3, act of May 29, 1930 (46 Stat. 470); U.S.C. 5: 693a.

682. Same; method of computing 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

7

the number of years of service, not exceeding thirty years, and divided by bog 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 above provision should be substituted for the first paragraph of this section and the citation at end of section changed to read: Sec. 4, act of July 3, 1926 (44 Stat. 907), as amended by sec. 4, act of May 29, 1930 (46 Stat. 471); U.S.C. 5:694a.

683. Same; computation of accredited 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 şix 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), as amended by sec. 5, act of May 29, 1930 (46 Stat. 472); U.S.C. 5: 695a.

The original text of this section was amended to read as above.

684. Retirement for disability.-Any employee to whom this Act applies who shall have served for a total period of not less than five years, and who, before becoming eligible for retirement under the conditions defined in the preceding sections hereof, 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 independent office concerned, be retired on an annuity computed in accordance with the provisions of section 4 hereof: Provided, That proof of freedom from vicious habits, intemperance, or willful misconduct for a period of more than five years next prior to becoming so disabled for useful and efficient service, shall not be required in any case. No