Chapter 8 EMPLOYMENT AFTER RETIREMENT EACHING CONSTRUCTION BUSINESS REAL ESTATE Contents of Chapter: I. Civilian Employment; II. Restrictions on Civilian Employment I. CIVILIAN EMPLOYMENT A. PLANNING A NEW CAREER AFTER RETIREMENT As you are about to retire from the Navy, you may be considering a new career after retirement. Early planning will smooth the transition from military service to the type of employment which will be satisfying both vocationally and personally. If you desire civilian employment, you will want to know how to present your skills and abilities on the civilian job market in the most effective way. There are many excellent books available on the subject; your ship, station, or local public library will be able to assist you in locating them. The booklet, YOUR NEW CAREER-PLANNING FOR RETIREMENT (NavPers 15895B; see Bibliography), covers preretirement planning such as analyzing your abilities, studying the fields of employment, the fundamentals of job procurement, and the preparation of a resume of your qualifications. That publication provides more detailed information conceming employment services and placement than is given in this section. However, a few employment services are described below which will assist military personnel in seeking a second career upon termination of active duty status. B. EMPLOYMENT SERVICES 1. U. S. Employment Service. This is a Federal-State system of employment service. Administration is vested in the States. Responsibility for coordinating these services is carried by the Federal Government. There are over 1,800 full-time local offices throughout the Nation. These offices specialize in the field of employment. Their employer order files include available job opportunities with private industry establishments, educational institutions, as well as Federal, State, and local govemment agencies. They are equipped to provide a variety of services and information to job seekers, employers, and the community, including nationwide job-finding assistance when local opportunities are lacking. All services to applicant, employer, and community are provided without charge. Consult the local telephone directory for addresses of local State-operated employment offices. It is the policy of the U.S. Employment Service to give priority to qualified veterans in employment opportunities. Qualified disabled veterans receive top priority among veterans. Therefore, all public employment service offices are prepared to provide employment counseling, placement service, and labor market information to military personnel retuming to civilian life. Assistance is given persons seeking employment at any occupational level and in all fields of work; professional, semi-professional, managerial, clerical, sales, skilled, semi-skilled, and unskilled. 2. Professional Office Network. To keep pace with the increasing demand for professional personnel, more than 100 professional placement centers of the USES also operate in the larger metropolitan areas. These offices specialize in bringing professionally qualified people together with positions in the professional fields. This professional office network links the local offices in all States, territories, and the District of Columbia into a single nationwide clearing house system devoted to key managerial, professional, and highly qualified technical personnel. Each of these offices will have on 65 file at all times a nationwide list of selected job opportunities in the managerial and professional occupations. Through these sources qualified applicants will be able to obtain employment information about positions in their fields of interest, not only locally, but in other areas of the country, and overseas. YOUR NEW CAREER-PLANNING FOR RETIREMENT lists the specialized placement centers participating in this nationwide clearance placement service. Resumes submitted to the nearest office in the network of the specialized placement services will be analyzed and the list of national job opportunities will be searched for a suitable opening. Every effort will be made to find suitable employment for the applicant and place him in direct communication with the prospective employer for the purpose of an employment interview. Persons qualified for professional and managerial occupations, who are not within the continental limits, but wish to submit their resumes three months before retirement may do so in accordance with suggested outline in YOUR NEW CAREER-PLANNING FOR RETIREMENT to the U. S. Employment Service for the District of Columbia, Professional Office, Suite 705, Solar Building, 1000–16th Street, N.W., Washington 6, D. C. Preference of location should be stated in the forwarding letter to the U. S. Employment Service. 3. Other Employment Services. Various organizations and publications have shown an increasing interest in assisting retired members with employment problems. This often entails joining the association or subscribing to their magazines. Some of these are: THE RETIRED OFFICER, 1616 Eye Street, N.W., Washington 6, D. C., has an Employment Clearing House and lists employment offered and employment wanted in its magazine and features articles on fields of employment. THE FLEET RESERVE ASSOCIATION, 1303 New Hampshire Avenue, N.W., Washington 6, D. C., does not have a formal program, but it publishes job openings in its publication, NAVAL AFFAIRS. THE NAVY LEAGUE's program assists retired personnel in making employment contacts. A list of the presidents and locations of Navy League Councils to contact is given in the supplement to YOUR NEW CAREER-PLANNING FOR RETIREMENT. The members of the Councils are leaders in business, educational, industrial, and professional fields throughout the United States. THE ARMY-NAVY-AIR FORCE REGISTER, 2020 "M" Street, N.W., Washington, D. C., has an employment program which will assist the retiring serviceman in completing his resume and transmitting it to employers. 4. Final Note of Employment. Other sources of employment assistance are described in YOUR NEW CAREER-PLANNING FOR RETIREMENT. If you locate employment with the help of any of the foregoing employment services, advise all offices concemed so that files may be cleared. a. General. The Civil Service Commission does not accept applications for all kinds of positions all the time. There must be jobs to fill before it will open an examination and accept applications. An examination "announcement" is issued which explains the job, experience or education required, location, salary, special requirements, and so on. Boards of United States Civil Service Examiners are maintained in over 1,000 post offices throughout the country, and there are Civil Service Information Points in other post offices. These offices fumish information about examinations that are open and supply applicants with application forms. Your local post office can assist you or tell you of the location of the nearest post office having this information. You may also write to one of the Civil Service Offices listed in Appendix D for particulars on positions in specific areas. Two Civil Service pamphlets are listed in the Bibliography which will be of assistance. b. Navy and Marine Corps. The Navy and Marine Corps have many good civilian positions with excellent chance for promotion in professional, administrative and clerical fields and technical and 1 Restrictions: Certain military personnel are restricted from working for the Federal Govemment under the Dual Employment and Dual Compensation Laws. To determine whether or not these laws apply in your case, read section II of this Chapter and study the accompanying chart. skilled trades. Appointment to civilian positions in the Navy and Marine Corps are made by the commanding officer of the activity in accordance with civil service rules and regulations. If you are interested in employment with a specific Navy and Marine Corps activity, you may send your application (Standard Form 57) which may be obtained at any first or second class post office to the commanding officer of the activity. For information concerning positions at a Naval activity, write to the Departmental Civilian Personnel Division (DCPD) at the appropriate Naval District or river command. (See Appendix F for addresses and map of the Naval Districts). The addresses of U. S. Navy Overseas Employment Offices are given in Appendix 2B of YOUR NEW CAREER-PLANNING FOR RETIREMENT. 2. Benefits. Civil Service employees have liberal leave benefits which include annual, sick and military leave. Other benefits include injury compensation, group life insurance, overseas allowances, and other advantages. In addition, retired military personnel may be eligible for preference in competitive examinations and their military service is creditable toward Civil Service retirement. These are explained in more detail below. a. Federal Civil Service Preference. Retired persons, by reason of their military service, may be eligible for the following preference in competitive examinations for their original Civil Service appointment: - 5 points are added to the eamed rating of an applicant who makes a passing grade and who established a claim to preference based on his active service in time of war, in a campaign or expedition for which a campaign badge has been authorized, or during the period between 28 April 1952 and 1 July 1955. - 10 points are added to the eamed rating of an applicant who makes a passing grade and who establishes a claim to preference as having active wartime or peacetime service and Purple Heart or present existence of a service-connected disability; or receipt of compensation, disability retirement benefits, or pension. In some cases, a 10-point veterans preference for Federal Civil Service jobs also may be au- Claimants of 5-point preference based on wartime military service are not required to fumish proof of b. Military Service Creditable to Civil Service Retirement. In addition to the above preference, your military service is creditable toward Civil Service retirement in most cases. For further details on Civil Service retirement, see YOUR RETIREMENT SYSTEM in Bibliography. If you waive your military retired pay in order to receive benefits through Civil Service retirement, you do not lose the privileges of military base facilities. However, you will not be eligible for travel on govemment transportation. For answers to your specific questions on the subject, see your local Civil Service personnel officer or write to the Civil Service Regional Office in your area. (Addresses are listed in Appendix D) D. STATE AND LOCAL CIVIL SERVICE State and Local employment is not affected by the Dual Employment and Dual Compensation Laws. (See section II following) Contact your local or state Civil Service Commission for information regarding this type of employment. Address of the state Civil Service Commission is usually at the state capitol. II. RESTRICTIONS ON CIVILIAN EMPLOYMENT A. SOURCES OF INFORMATION ON LAWS AND REGULATIONS If you plan to seek employment after retirement, you should be aware of certain legal restrictions upon the type of employment in which retired personnel can be engaged. Some of the restrictions apply only to Regular retired Naval officers, but others apply to all retired personnel. The restrictions can be confusing and should therefore be studied thoroughly. If not carefully observed, they can cause loss of retired pay or criminal prosecution or both ("Loss of Pay Due To Criminal Conviction" covered in Chapter 3, Section V (F)). Only the briefest summary of the law applicable to the employment problems of retired naval personnel is given in this Guide. More complete information may be found in REFERENCE GUIDE TO EMPLOYMENT ACTIVITIES OF RETIRED NAVAL PERSONNEL (listed in the Bibliography). If you have any doubt as to whether or not you may accept employment with a firm doing business with the Government, before you commit yourself, obtain advice from any Navy legal assistance officer, or write to the Office of the Judge Advocate General, Navy Department, Washington 25, D. C. In your request include complete information concerning the position and duties which you will be required to perform. The details needed are complete information regarding your status: 1. Law under which retired. 2. If a specific job is being considered, fumish the name of agency, type of employment and method of payment and if any special provisions are made for employment such as temporary, intermittent, contract, etc. B. RETIRED MEMBER'S RESPONSIBILITY While the legal assistance officer and the Judge Advocate General will assist you with advice and information on the general subject of restrictions on civilian employment, any opinions received from these sources must be considered advisory only. IT IS YOUR RESPONSIBILITY NOT TO VIOLATE THE LAW. The Comptroller General of the United States is authorized by law to make final determination as to the entitlement to retired pay and thus he determines the question of employment prohibited by 10 USC 6112(b) and 5 USC 59c. The Department of Justice prosecutes criminal violations. Some of the laws and regulations goveming employment of military personnel which are given in this section are presently under review and may be changed at the time you are seeking employment. The information will be publicized in news media at the time a change takes place. It is your responsibility to keep yourself infomed of any changes in laws and regulations. C. CONFLICT OF INTEREST Any REGULAR NAVY OR MARINE CORPS RETIRED OFFICER who sells, contracts, or negotiates to sell naval supplies or war materials to the Department of the Navy will forfeit his retired pay while engaged in selling.2 Note that this prohibition is without time limit. No regular retired officer for a period of two years.after retirement may sell or contract for the sale of or negotiate for the sale of any supplies or war materials to any agency of the Department of Defense, the Coast Guard, the Coast and Geodetic Survey, and the Public Health Service. There is also a criminal statute which has been interpreted by the Justice Department to mean that a retired officer is prohibited from selling to the Department in which the officer holds a retired status. In the case of a retired naval member, this would mean the Department of the Navy.3 210 USC 6112(b) 318 USC 281 D. EMPLOYMENT WITH A FOREIGN GOVERNMENT OR COMPANY Article I, Section 9, Clause 8 of the Constitution PROHIBITS RETIRED REGULAR NAVY OFFICERS, except upon the consent of Congress, from accepting any office or employment with a foreign government, whether of a civil or military nature. Subject to the approval of the Secretary of the Navy, Reserve Personnel (INCLUDING RETIRED RESERVISTS) MAY accept civil employment and compensation therefor with any foreign govemment or any concem which is controlled in whole or in part by a foreign government.4 However, a retired Naval officer (Regular or Reserve) is precluded from working, with or without compensation, for any foreign company or individual which is in competition with American industry. 5 E. PROSECUTION OF CLAIMS AGAINST THE GOVERNMENT It is unlawful for anyone "having been employed in any agency of the United States, including commissioned officers assigned to duty in such agency," to act as agent or attorney for prosecuting or assisting in the prosecution of any claims against the United States involving the Navy Department for a period of two years after his retirement, or to act as agent or attorney for prosecution or assisting in the prosecution of any claim against the United States involving any subject matter with which he was directly connected while he was in an active duty status at any time.6 F. DUAL EMPLOYMENT AND DUAL COMPENSATION LAWS Two principal statutes affecting employment of retired officers in Federal civilian employment are the Dual Employment Act and the Dual Compensation Act. It should be clearly understood that these statutes are separate and distinct in their operation, and that exemption from one does not necessarily result in exemption from the other. If you are considering employment with the Federal Government, read this section carefully and study the accompanying chart. You will find additional information in the REFERENCE GUIDE TO EMPLOYMENT ACTIVITIES OF RETIRED NAVAL PERSONNEL (listed in the Bibliography). If you need further assistance, contact your Navy legal assistance officer, the personnel office of the agency where you are being considered for employment, or the Office of the Judge Advocate General, Navy Department, Washington 25, D.C. (For information on what data would be required see preceding section II(A) of this chapter.) 1. Dual Employment. The Dual Employment Act prohibits a retired Regular officer, including a retired commissioned warrant officer and a non-commissioned warrant officer, from holding a civilian position or office with the Federal Government when either the retired pay or the rate of compensation fixed for the civilian position or office of such retired officer amounts to $2,500 per annum unless: a. Elected thereto, b. Appointed by the President with the advice and consent of the Senate, or c. Retired by reason of disability. Certain exceptions 8 to the above have been provided for by statute. These exceptions, however, are restricted in scope and subject to frequent change. Authoritative counsel should be obtained before accepting any position which violates the basic statute. 2. Dual Compensation. Although a retired officer of the Navy may be exempt from the Dual Employment Act and eligible for employment in a Federal civilian office, upon acceptance of that office 410 USC 1032 5 Executive Order No. 5221 of 11 November 1929 619 USC 283 and 284 75 USC 62 8 REFERENCE GUIDE TO EMPLOYMENT ACTIVITIES OF RETIRED NAVAL PERSONNEL (See bibliography) 95 USC 59a |