THE ACT OF MAY 22, 1920, AND AMENDMENTS ARRANGED BY SECTIONS WITH ANNOTATIONS, INCLUDING ABSTRACTS OF DECISIONS AND OPINIONS RELATING THERETO. SECTION I. PARAGRAPH 1. "Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That beginning at the expiration of ninety days next following the passage of this Act, all employees in the classified civil service of the United States who have on that date, or shall have on any date thereafter, reached the age of seventy years and rendered at least fifteen years of service computed as prescribed in section 3 of this Act, shall be eligible for retirement on an annuity as provided in section 2 hereof: Provided, That mechanics, city and rural letter carriers, and post-office clerks shall be eligible for retirement at sixty-five years of age, and railway postal clerks at sixty-two years of age, if said mechanics, city and rural letter carriers, post-office clerks, and railway postal clerks shall have rendered at least fifteen years of service computed as prescribed in section 3 of this Act." EFFECTIVE DATE. The act became effective for retirement purposes on August 21, 1920; for the purpose of deductions under the provisions of section 8 it became effective on August 1, 1920. The act is not retroactive. CLASSIFIED CIVIL SERVICE. "Classified Civil Service" Defined.That in the administration of the civil service retirement Act approved May 22, 1920, the expression "all employees in the classified civil service of the United States" as used in section 1 thereof shall be construed to include all persons who have been heretofore or who may hereafter be given a competitive status in the classified civil service, with or without competitive examination, by legislative enactment, or under the civil service rules promulgated by the President, or by Executive orders covering groups of employees with their positions into the competitive classified service or authorizing the appointment of individuals to positions within such service. The expression "classified civil service" as the same occurs in other Acts of Congress shall receive a like construction to that herein given. (Act of March 27, 1922.) Extent of Civil Service Classification.— The classified service shall include all officers and employees in the executive civil service of the United States, heretofore or hereafter appointed or employed, in positions now existing or hereafter to be created, of whatever function or designation, whether compensated by a fixed salary or otherwise, except persons employed merely as laborers, and persons whose appointments are subject to confirmation by the Senate; but no right of classification shall accrue to persons whose appointment or assignment to classified duties is in violation of the civil service rules. (C. S. C. Rule II, par. 1.) Civil Service Confined to Executive Branch. The term "civil service" as adopted by the Civil Service Commission and used in the act of May 22, 1920, is "the executive branch of the public service as distinguished from the mili(1) tary, naval, legislative, and judicial." (William F. Craig, 21 P. & R. Dec. 40.) Appointments by Executive Order, Rule and Exceptions. Persons appointed through Executive order without examination have all the rights and privileges of persons appointed through competitive examination. (C. S. C. Min. April 6, 1905.) NOTE. The above would have no application, of course, to such Executive orders as the 45 war emergency orders repealed by the blanket Executive order of May 16, 1921, or to such other Executive orders as expressly exclude, or are manifestly not intended to include, a particular group or individual within the classified civil service. RETIREMENT AGE. Retirement Age, General Rule for Determining.-The rule established to determine the age of majority should be applicable to the question of age of retirement under the act of May 22, 1920. The rule generally applied where the statute has fixed majority at the age of 21 is that the age of majority is attained on the day preceding the twenty-first anniversary of the person's birth. (22 Cyc. 512; Op. Sol. Int. Dept., August 24, 1920.) Exception to General Rule.-An employee is regarded as reaching age of retirement at the close of business on the day preceding his birthday anniversary. The rule is not inexorable or without its exceptions. Like all fictions of the law it is for the promotion of justice and is not to be invoked to work an injury. Therefore, a rural letter carrier who continues in the service without certification by the Civil Service Commission in accordance with section 6 of the act to include the sixty-fifth anniversary of his birthday, thus serving exactly 15 years, is entitled to annuity under the retirement act based upon a service of 15 years. (Asst. Secy. Int., July 21, 1921, Charles H. Blake, R-6323.) Present Duties and Years of Life to Determine. The retirement age is to be determined by the years or life of the employee and the character of the work he is presently engaged in, as specified in section 1 of the act. The credits for service are to be computed according to section 3 and the amount of annuity is to be determined by the provisions of section 2 of the act. (Op. Sol. Int. Dept., July 2, 1920.) Skilled Laborer, Duties of, Determine Retirement Age.-A skilled laborer or watchman, or other employee performing the duties of a mechanic, should be regarded as a mechanic and retireable at the age of 65 years. A skilled laborer who is performing the duties of a shop messenger in an arsenal, Ordnance Department, War Department, is retireable at 70 years of age. (C. S. C., June 17 and 26, 1920, in case of Annie Huston Mateer, R-625; Asst. Secy. Int., April 30, 1921, Harry Leister, R-6537.) MECHANICS. Civil Service Commission Determines, in the First Instance, Who are Mechanics.-The Civil Service Commission, in the first instance, determines what employees are included in the designation "mechanic," and while the opinion of the commission is generally accepted as conclusive, it is within the power of the Secretary of the Interior, as the ultimate authority in the administration of the retirement act, to refuse to be bound by the commission's opinion. Definition of Term "Mechanic."-It is manifestly impossible to formulate a definition of the word "mechanic" which would cover every possible case which might arise in the administration of the retirement act. It is believed, however, that by avoiding technicality and applying good common sense no great difficulty should be encountered in passing upon the comparatively small number of doubtful cases. The kind of work and not the designation should determine the group. An employee designated as a skilled laborer or watchman who is performing principally the duties usually and ordinarily performed by a mechanic should be regarded as a mechanic. A foreman, supervisor, leading man, or other employee who is assigned to such duties because he is a mechanic, and experience as a mechanic is a prerequisite, should be regarded as a mechanic within the meaning of the retirement law. In such positions trade experience may not be necessary, and a person assigned thereto who has no trade experience should not be regarded as a mechanic. A mechanic who has ceased to do the work of a mechanic and is on the rolls as a desk clerk is not subject to retirement until he has reached the age of 70 years. Retirement age is to be determined by years of life and character of present work of employee. (Sol. Int. Dept., July 2, 1920.) The duties of an employee are to determine in each case whether he is a mechanic, retireable at 65, or other than a mechanic, retireable at 70. (C. S. C. Min., June 19, 1920, and October 4, 1920.) Duties Determine Who are Mechanics.-There are about three general classes of employees who may properly be regarded as mechanics retireable at 65. First, those whose designations place them clearly within the list of mechanical trades and allied occupations, as for ex ample, stonemason, plumber, and carpenter. Second, those who are called skilled laborers or by some other designation which affords no indication of their duties but who, as a matter of fact, regularly perform duties ordinarily recognized as pertaining to mechanical trades and allied occupations. A person employed under the designation of skilled laborer but constantly performing the duties of carpenter would be retired undoubtedly at 65 as a mechanic. Third, persons occupying positions (principally supervisory) by virtue of the fact that they have knowledge pertaining to the mechanical trades or allied occupations, or that they are required in the performance of their duties to have knowledge of mechanical trades occupations, are to be regarded as mechanics retireable at 65; for example, in the Ordnance Department at Large, the commission has decided that foremen of buildings, of concrete, of railroads, of mechanical trades, and foremen harnessmakers, are mechanics retireable at 65, but it has decided that foremen of laborers, foremen of garage, and foremen explosive handlers, of stables, and of storehouses are other than mechanics and are retireable at 70. If a man is regularly required, in the performance of his duties, to be familiar with machinery and operate machines, he is to be regarded as a mechanic retireable at 65, regardless of the designation nnder which he is serving. (C. S. C., April 12, 1922.) * Schedule of Mechanical Occupations. The following is a schedule of occupations accepted as mechanical by the Civil Service Commission in which the retirement age is 65 years. This schedule will in all probability be added to from time to time: Adjuster of scales (mint). Armorer (circular No. 4). Assembler (ordnance). Assistant custodian-engineer (Custodian Assistant tailor bushelman (Q. M. C.). Barrel roller (ordnance). Baster (Philadelphia Q. M. C.). Belt mender (circular No. 4). Binder (circular No. 4). Bluer (ordnance) (circular No. 4). Brass molder (circular No. 4). Cabinetmaker (circular No. 4). Calker (circular No. 4). Canvas worker, navy yard (C. S. C. R10749). Cargadors (Q. M. C.). Case hardener (ordnance). Chief engineer, dredge (engineer at large). Chief inspector of ordnance. Compositor (circular No. 4). Cupola tender (navy yard). Elevator conductor-laborer (Custodian Engineer, dredge (engineer at large). Expert mechanical aid (circular No. 4). Feeders (G. P. O.). File cutter (circular No. 4). Fireman, helper (Custodian Service). Folding-machine operator (Philadelphia supply depot). Foreman (so assigned because mechanic). Foreman of bookbinders (G. P. O.). Foreman of coining room (Philadelphia Mint). Foreman cutter (Q. M. C.) Foreman of sweep cellar (mint). Gang boss (Ordnance Department) (C. S. Gas fitter (circular No. 4). General helper (U. S. Naval Academy). Grinder (circular No. 4). Grommet machine operator (Philadelphia Q. M. C.). Hardener (circular No. 4). Harness maker (circular No. 4). Helpers (if members of trade or assigned because of trade knowledge). Helper, coining department mint (C. S. C. Helpers (navy yard, entire class). Hydraulic pressman (circular No. 4). Inspector of construction (if members of a recognized mechanical trade and assigned because trade knowledge is requisite). Inspectors of engineering material (under above conditions). Inspectors, mechanical (under above conditions). Inspectors, Bureau of Locomotive Inspec- Key maker (circular No. 4). Leadingman (so assigned because mechanic). Leather cutter (circular No. 4). Locomotive engineer (circular No. 4). Marine engineer (circular No. 4). Mechanics on detail as inspectors. Metal worker (circular No. 4). Oilers. Operative, male and female (Philadelphia supply depot). Operative, buttonhole maker (Philadelphia supply depot). Operative, embroideress (Philadelphia supply depot). Operative, seamstress (Philadelphia supply depot). Operator (Philadelphia supply depot). Operator on stitching machine (G. P. O.). Ordnance machinist (circular No. 4). Ordnance man (Navy Department). Packmaster (Q. M. C.). Painter (circular No. 4). Pipe worker (circular No. 4). Powder factory attendant (C. S. C. Pressers (Philadelphia supply depot). Quarterman-shipfitter (navy yard). Refrigerating machinist (circular No. 4). Roller (circular No. 4). Saddler (circular No. 4). Sawyer (circular No. 4). Sawyer and miller (circular No. 4). Scale adjuster (circular No. 4). Sewer (G. P. O.). Sewer, female (P. O. D. mail bag repair shop). Shader (engineer at large). Ship plumber (circular No. 4). Shoe and harness maker (circular No. 4). Slater (circular No. 4). Skilled artisan (circular No. 4). Skilled laborer who has been a mechanic most of life. Special clerk (P. O.) Special mechanic (circular No. 4). Splicer (Philadelphia general supply depot). Steam driller (circular No. 4). Steam engineer (circular No. 4). Supervisor assigned as such because Tailor (Q. M. C., Governors Island). Tentmaker (Philadelphia supply depot). Transferrer (engineer department at large). Typewriter repairman (Q. M. C.). Watchman-fireman (Custodian Service). Water tender, navy yard (C. S. C. R10725). Wheelwright (circular No. 4). Woodworker (circular No. 4). Positions in the 70-Year Class.-The following is a schedule of positions determined by the Civil Service Commission as being in the 70-year class. This schedule does not, of course, embrace all 70-year retirement positions, but covers only those classes of employees about which a doubt may exist as to their proper allocation, i. e., whether they belong in the 65-year or 70-year class. This schedule will probably be enlarged or possibly otherwise modified from time to time: Addressograph operator. Assistant postmaster (P. O.). Assistant superintendent of delivery (P. O.). Assistant superintendent of mail (P. O.). Assistant superintendent of money order (P. O.). Assistant superintendent of registry (P. O.). Assistant superintendent of stations (P. O.). Auditor (P. O.). Cook, Naval Academy (R-8595). Engraver (Bureau of Engraving and Elevator conductor (ordinarily). Field assistants (Coast Guard). Fire chief (Q. M. C. is supervisory). Gardener (Philadelphia Navy Yard). Hod carrier (navy yard). Lock keeper (engineer at large). Markers (navy yard). Masters (Harbor boat service). Mechanical engineer, Coast Survey, is not a mechanic. Money order cashier (P. O.). Pilot (engineer at large). Pilot (Immigration Service, harbors). Sewing woman (G. P. O.). Stablekeeper (navy yard). Tissue hand (Bureau of Engraving and LEAVE AND INACTIVE STATE AS BEARING UPON CLASSIFIED STATUS. Leave Without Pay not Restricted to One Year. An employee borne on the rolls of the War Department, who was on leave of absence without pay when the retirement act became effective and who immediately prior to that time had been on such leave for more than one year, was in the classified civil service at the effective date of said act. The head of a department has the right to grant to an employee in the classified civil service leave of absence without pay for a longer period than one year; and such right can be restricted only by statute or by Executive order. (Atty. Gen., February 25, 1921, 32 Op. 424; Asst. Secy. Int., March 11, 1921, Henry Walters, 21 P. & R. Dec. 104.) "Furlough" and "Lay-off," Engineer Department at Large.-Employees in the Engineer Department at Large of the War Department who are on "furlough" are in the service within the meaning of the retirement act during the life of the furlough, as provided for in the regulations for that service. Employees in said service who have been "laid off" also have a like status so long as they are eligible to resume active duty without taking a new oath, without a new appointment, and without any form of reinstatement or action by the Civil Service Com |