at Large or both in the War Department, entry should be made on his record in the office from which transferred to show transfer to the other employing office, and should be so reported on report of changes in the classified service.

When an employee leaves the service of the War Department to accept appointment in the service of another executive department, his resignation from his position in the service of the War Department should be obtained, effective at close of business on last day of employment under the War Department. His resignation should be entered on the records of the office from which sep arated, with notation to show transfer to other department, and should be so reported on report of changes in the classified service. Acceptance of his resignation does not deprive him of eligibility for transfer under the civil-service rules to the position in the service of the other department.

The above requirement is applicable in the case of any employee on furlough or lay-off without pay from the Engineer Department who accepts transfer or appointment in another department of the Government service. Employees granted furlough or lay-off shall be informed that in the event they accept permanent employment in another department of the Government, they must submit, to their former employing officer in the Engineer Department, resignation from the service of the Engineer Department, effective on the date preceding that of entry into the service of the other department.

1021.11. Forms to be furnished on transfer from one district of the Engineer Department to another.-At the time of transfer of an employee from one district of the Engineer Department to another, the office from which the employee is transferred will forward to the new employing office the following papers pertaining to the transferred employee:

Service and retirement deduction record card, Form 2806;

Name and address of beneficiary;

Annual and sick leave records;

Qualification and experience record, Form 62 if grade P-2 or higher, and Form 63 if grade CAF-6 or higher;

Name and symbol number of disbursing officer and voucher number on which last paid.

(Any information not available on date employee leaves home station should be furnished by letter as soon as possible thereafter.)

1022.1, Forms.—The following forms shall be used for the reporting of information required in the maintenance of service records of civilian employees of the Engineer Department:

E. D. Form 28, report of changes in the classified service.

E. D. Form 28a, report of emergency and temporary employees.

E. D. Form 28b, report of employees appointed without reference to civilservice rules for duty on emergency work.

1022.2. Reports of changes. (a) Reports of changes in status of employees shall be prepared in each Engineer district upon forms approved for the purpose: (1) E. D. Form 28-Report of Changes in the Classified Service, to show appointments and changes in status of employees having classified civil service status.

(2) E. D. Form 28a to show the employment of employees in temporary status in classified positions.

(b) Reports on E. D. Form 28 shall be submitted covering the periods from the 1st to 15th day of each month, inclusive, and from the 16th to the last day of each month, inclusive; reports on Form 28a shall be submitted monthly. The reports of changes and the reports of temporary employees, each in triplicate, shall be forwarded, as soon as possible after the close of the period covered, through the secretary of the local civil-service board to the District Manager in whose district the headquarters of the Engineer district is located. The District Manager will audit all appointments made from certificates issued by him or from registers established by the local boards and all temporary appointments, after which he will transmit two copies of each report to the Chief of Engineers, retaining the other copy for the files of his office.

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1022.3. Supplemental reports of changes in the classified service shall not be rendered. Any omissions from reports previously submitted shall be entered on the first report rendered after the omission is discovered.) 900 §. febr 1022.4. Entries on reports of changes in the classified service.(a) On Forms 28 re changes in Status. In connection with all types of personnel action, such as reinstatements, transfers, and changes in status, based on authority issued by the central office of the Civil Service Commission, the number of the Commission's certificate shall be included on the report of changes, in column of remarks. When a noncompetitive change in status is based on eligibility attained in an examination rated by the local board of civil-service examiners and approved by the civil service district manager, examination data should be given on the report, including title, rating, and date. foi o

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(b) On Forms 28 re Separations from the service. A statement shall be made in each report of changes, either opposite the name of each person reported to have been separated from the service or at the top or bottom of the page, as to whether the person named was or was not separated from the service without delinquency or misconduct.

(c) Leaves of absence. The reports of changes should include all leaves of absence without pay. The reports should show also the dates of return to duty of employees from such leaves except in the cases of employees paid on an hourly basis.

(d) Reports of changes in name. Report of change in the name of any employee, or of correction in name as previously reported, shall be made to the Chief of Engineers by letter in the cases of educational employees, and of noneducational employees at rates in excess of $2,600 per annum, and also by an entry in the reports of changes in the classified service. The report by letter shall be accompanied by a statement of the employee showing manner of change, whether by marriage, by divorce, or by court order. Such reports in the cases of noneducational employees at rates of $2,600 per annum or less shall be made only in reports of changes in the classified civil service. ".

1022.5. Entries on reports of emergency and temporary employees.-(a) Listing of employees.→→Temporary employees in educational positions should be listed separately and precede those of the noneducational class on the temporary report, Form 28a.

(b) Dates of termination of temporary employments.-Date of termination of temporary employment of all temporary employees must be shown in column of remarks on the last report covering their service. If the employee is probationally appointed while serving under temporary appointment the above information must be supplemented by the notation, "appointed probationally," with the effective date thereof.

1022.6 Exceptions to reports by district managers.-District Engineers, upon receipt of communications from the civil-service district managers relative to reports of changes in the classified service or to reports of emergency' and

temporary employees, shall reply promptly and fully thereto, explaining the reasons for any apparent irregularities noted, to the end that, so far as practicable, such matters may be satisfactorily adjusted without reference to the Chief of Engineers or to the Civil Service Commission.

1022.7. Reports forwarded to Civil Service Commission. After audit in the office of the Chief of Engineers the reports of changes are forwarded to the Civil Service Commission for final examination and for file among the permanent records of the Commission in accordance with the provisions of Civil Service Rule XIII.

1022.8. Comparison with money accounts. A decision of the Comptroller of the Treasury makes it incumbent upon the Chief of Engineers to examine the lists of employees in each district in connection with the money accounts, and his approval of the accounts carries with it the information to the General Accounting Office that the employees on the pay rolls and vouchers have been appointed according to law. It is therefore essential that all changes in the status of employees should be accurately noted on the lists of changes and that these lists be forwarded promptly as above directed for examination in connection with the money accounts.

1022.9. When no changes occur in any district during the period for which a report is required, the regular Form 28 shall be submitted; with a statement on the face of the report, "No changes during the period

1022.10. Approval of reports. When no exception is taken to the report of changes in the office of the Chief of Engineers, it may be regarded that all items thereon have been found correct and are therefore approved.

1022.11. Personal service records. Upon the entry of an employee into the classified service of the Engineer Department at large (either through certification by the Civil Service Commission, the District Manager, by selection from the register of the local board, by reinstatement, or by transfer from another branch of the Government service), he should be required to furnish information necessary for the preparation of civil-service Form 2806, If the employee has had no previous Government service, Form 2806 should be prepared for him and forwarded to the office of the Chief of Engineers with the report of changes in the classified service reporting the probational appointment. Item showing the probational appointment should be entered on the service record side of the form. Form 2806 shall not be forwarded for those employees who may be probationally appointed but who have had service on or after June 30, 1930, in the Engineer Department at large, and have been absolutely separated from such employment, or who have had previous service in some other bureau of the War Department or in some other department of the Government. Civil-service Form 2865 (request for Form 2806) shall be forwarded to the Chief of Engineers in quadruplicate in all such cases immediately upon the appointment of the employee. When an employee is reemployed from furlough or lay-off from another district of the Engineer Department at large, Form 2806 shall not be submitted by the district effecting the reemployment, inasmuch as Form 2806 will be on file in the office of the Chief of Engineers. Notation should be made on the report to indicate the district under which the employee was formerly employed.

Civil-service Form 2806 should show the surname of the employee, one name, in full and additional initial, of any. The name should invariably be the same as on pay rolls and reports of changes in the classified service.

Civil-service Form 2806 (blue) shall be submitted for employees appointed

under the provisions of schedule A, civil-service rules,

Forms 2806 are not required for temporary employees.

1022.12. Pay-roll cards.-A pay-roll card (G. A. O. Form 2091) shall be submitted to the office of the Chief of Engineers for every employee subject to the

provisions of the Civil Service Retirement Act, including employees serving in temporary status pending reinstatement. Since one pay-roll card may be used for more than one fiscal year, a complete set of cards for all the employees of as district shall be furnished at the beginning of the proper fiscal year, upon receipt of specific instructions from the office of the Chief of Engineers by circular letter. Thereafter, until a complete set of cards again is required, pay-roll cards shall be furnished individually for new appointees who are subject to the Retirement Act, and for employees reemployed from furlough or lay-off and for whom no pay-roll card has previously been furnished for the fiscal year involved. The following information should be entered on each form in the proper space, the same information to appear on both sides of the card:19

Name and designation of employee.

Date of birth.

Date of original appointment,

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On the line opposite the name of the employee the following should be entered: "War, Engineer,

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(Name of district or division.)

On the line immediately above the printed words “Date,” “Grade,” and “Salary”, the present grade and salary and date present salary was established should be entered.

1023. VOLUNTARY SERVICE AND DUAL EMPLOYMENTS

1023.1. Employment, general-Voluntary service. No officer of the United States will accept voluntary service for the Government or employ personal service in excess of that authorized by law, except in case of sudden emergency involving loss of human life, or the destruction of property (33 Stats. 1257, 239).

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1023.2. Additional compensation.-(a) It shall not be lawful hereafter to pay. to any person employed in the service of the United States under any general or lump-sum appropriation any sum additional to the regular compensation received for or attached to any employment held prior to any appointment or designation as acting for or instead of an occupant of any other office or employment. This provision shall not be construed as prohibiting regular and permanent appointments by promotion from lower to higher grades of employments (sec. 12, act of August 1, 1914, 38 Stats. 680).

(b) Receipt by civilian employees of pay from State or private interests for services rendered in connection with expenditure of funds contributed toward river and harbor improvements is not authorized (E. D. 8149/204).

(c) No payment of compensation may be regarded as in contravention of the dual compensation act of May 10, 1916 (39 Stat. 120), as amended by the act of August 29, 1916 (39 Stat. 582), unless there be involved payments of more than one salary during the same period of time, the combined rate of which was more than $2,000 per annum (decision of the Comptroller General dated June 30, 1939, 18 C. G. 1010).

1023.3. More than one employment.-The following provisions of law govern the holding by a civilian employee of more than one position under the Federal Government:

(a) Section 1763, Revised Statutes, provides that no person who holds an office, the salary or annual compensation of which amounts to the sum of $2,500, shall receive compensation for discharging the duties of any other office, unless especially authorized by law.sia bezr

(b) This provision is modified by the act of July 31, 1894 (28 Stat. 205), and May 31, 1924 (43 Stat. 245), by excepting retired (officers of the Army or Navy

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whenever they may be elected to public office or whenever the President shall appoint them to office by and with the advice and consent of the Senate. These acts contain the provision that retired enlisted men of the Army, Navy, Marine Corps, or Coast Guard, retired for any cause, and retired officers of the Army, Navy, Marine Corps, or Coast Guard who have been retired for injuries received in battle or for injuries or incapacity received in line of duty shall not be construed to hold or to have held an office during such retirement (sec. 62, U. S. C. A., title 5). **

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(c) This provision is further modified by section 212 of the act of June 30, 1932 (47 Stat. 382), providing that no person holding a civilian office or position under the Federal Government, the Government of the District of Columbia, or under any corporation the majority of the stock of which is owned by the United States, shall be entitled during the period of such incumbency, to retired pay based on service as a commissioned officer at a rate in excess of an amount which when combined with the civilian pay makes the total rate from both sources more than $3,000 per annum. When the total rate exceeds $3,000, the retired officer may elect to receive either the pay of the civilian office or the retired pay. The section does not apply to any person whose retired pay plus civilian pay amounts to less than $3,000 per annum, and does not apply to regular or emergency commissioned officers retired for disability incurred in combat with an enemy of the United States.

(d) Section 1763, Revised Statutes, as modified by the act of May 10, 1916 (39 Stat. 120), and by the act of August 29, 1916 (39 Stat. 58), provides that unless otherwise specially authorized by law no person may be paid more than one salary when the combined amount of said salaries exceeds the sum of $2,000 per annum. This section does 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 National Guard (secs. 58-59, U. S. C. A., title 5).

1(e) Section 1764, Revised Statutes, prohibits the payment of an allowance or compensation for extra services, unless expressly authorized by law.

(f) Section 1765, Revised Statutes, provides that no person whose compensation is fixed by law or regulation may receive any additional pay, extra allowance, or compensation, in any form whatever, for any other service, unless the service is authorized by law, and the appropriation therefor explicitly states that it is for such additional pay, extra allowance, or compensation.

1023.4. Interpretations of dual employment statutes.-The following rules are derived from various decisions of the Comptroller General interpreting the provisions of law quoted in paragraph 1023.3 above:

(a) Two distinct compatible employments. Section 1765, Revised Statutes, does not prohibit the payment of compensation in two distinct compatible employments, the pay of each of which is fixed by law or regulation (4 C. G. 84). Likewise, said statute has no application when the compensation of neither employment is fixed by law or regulation (1 C. D. 366, 3 id. 183; 4 id. 696; 5 id. 935; 16 C. G. 909).

(b) Employments on fee basis. The payment of an indefinite and undetermined aggregate per annum made of charges for separate services dependent entirely upon contingencies beyond the control of the Government or the employee, such as are ordinarily described as "fees," does not constitute salary within the purview of the act of May 10, 1916, as amended (3 C. G. 563, 16 id. 909).

- (c) Engagement under contract. The engaging of the services of a physician by contract on a competitive basis does not vest him with "office to which compensation is attached," within the meaning of section 2 of the act of July 31, 1894 (1 C. D. 286, 16 C. G. 909)♫ 5.1