Page:United States Statutes at Large Volume 44 Part 1.djvu/1898

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§6938 TITLE 5.-EXECUTIVE DEPARTMENTS AND G Whenever an employee shall make epplicatiorg for such contixmation in the civil service, and shell submit acceptable proof 1 of his prwent physical Qtuess to perform his °’w0rk, `it shall be 1 the duty of the heed of the department, branch, or independent e&ce ot the Government concerned to obtain from the im- 1 mediate superior in the service of such applicant all `emciency 1 retings and otherjeformntion on me respecting the character 1 of the work of such applicant, and shall also obtain from &ich 2 immediate superior his opinion in writing with rwpect to the '< emeieocy of the work permmea by such applicant. From such 4 information shall be eliminated `inereases in mtirxgs, credits, 2 and other prefermces for my muse whamoever other than the < character of work actually performed. ‘ Should such informa- ¢ tion shew that the applicant hhs _ been e¤eient end competent e during the two years next preceding his applimtion for continuxmce in the civil service; the head of the department, branch or iu- ¢ dependent omce of the Goveminent eerncemed shall, as ot course, 1 certify to the United States Civil Service Gomissim that, by d rmsoa of the e&ciency and willingnm ot. such applicant to E main- in the civil eervice o£theUn1ted States, tlie coutirggogxce of -1 such employee would ee 'edvhntngeoue to public service. 1 No person separated from_the‘ service who ie receiving an" .1 annuity under the of section _1 of this Act,‘ shall be I employed. again in axiy e position within the purview ot 1 .AQct.' (July 3,.19%; c. 801, § 2, 44 Stat. 905.) A ‘ 1 Bee footnote to this ehapter; - V ‘ _ i _ 4 693h. Enployeeo included.-—-'Hris Act-‘ shall apply to the fol? 4 _ lowing employees and groeps ot employees :' the ‘ { (a) All employees in the classiued civil service of the United- e States; including all persons ivho have been heretofore or may 2 hereafter be given a- competitive status in the _ cleseiiied .eiv11 service, with or without competitive {examination, by legible- Q tiye enactment, or under civil eeryiee rules by the { Prwideut, or by Executive orders covering into the ccmpetitiye I olaeeided service groups of employees with than positions, or 1 authorizingjher appointment of individuals to pwtions within I such service. o ,- _· » _* ‘ __ ·. ‘] (b) Superiutepdents ot * United States nationglf cemeteries, 1 and each employees of the cmces of eolicitore of the seyeral ·, 1 executive departments, of the Architect of the Capitol, of the A Library of Congress, and of the United States Botanic Garden, I of the recorder of deeds and register of wills of the District of I Columbia, whose tenure of employment is not intermittent nor of unwrteiu duration. . _ y · 4 I `(c) All `employees di the Paname·'Ca"m11 on the xlsthmus of ‘ Ifarmmp. who are citivens of the United Stetes and whose tenure { of employment is not intermittent nor mor uncertain duration. { _ / (d) Uneleeeided employees of the United States in all- cities · ‘ and in all wtebliehmeots or omces in` which appointments are made under labor regulations approved by the Prwideut, " or “ from subelericul , or other remsters for the classided- service; ~ and unclassjided employeu transferred from clsssided positions: l Provided That thme groups sbA11.in<;1ude 0¤1y thx? emplvyemf ` whose teuinre ot employmeiit is not iutermitmnt nor oi wear- ·] tam duration. ‘ ‘ L ' o _· t E (e) All rwular annual employem of the muhicipal govern-· 1 ment of the Distrid ct Columbia, appointed directly by the ‘ commissio¤m·s er by othereempetent authority, e E empxoyeee recaviug per diem eompeoredon paid out ot- general W appreprhtiom and public-school employcwg exeeptuig _ scho010$eérsn¤dt%¤·¤.I .» . ‘ (t) All employem had groups otmpioyees to. whom the mem of the Act ot my E, 19e0,* md gmeudmernts tbueo!. shall Mve been extended by Executive orders. b _-

  • “Act” would be translated "‘ cheptef·."— ·` ‘·". `
  • "B ·1 of thin Act" should he tnmygted "Bect!o¤ M1: et *

this chapter ot Title 5·o!_the nppéudlx."' ’ _ · "Aet or May u, 1920, md nshendmentn " constitutes this ehuptero otTit1e5 o!the‘Cod¤¤1v11i—ch1éhere amended. · _

LOVERNMEN T OFFICERS AND EMPLOYEES 1834 (g) Pcstmesters ot the mst., second, and third class vvho xave been promoted, appointed, or transferred from the classiled civil service. . - This Act' shall- not applguto such employees of the Lighthouse Service as come- wifh the pmvimons of section 6 et che Act or June 20, 1918,{‘ entitled "A¤ Act tb authorize aids

0 navigation `and for other works in the Lighthouse Service,

md for other purposes," nor to members of the police and tire 1`epartmehts ot me municipal government ot the Distriéf of Solumbia, nor to postmasters, excepting those specidcally described in p¤1‘&81’¤l>h (Sl of this section, nor fb such mployees >r groups of employees as may have been before the etiective late of this Aet emlpxded by Eiecudve orders {rem the benems at the Act qf. May 22, 1920, and amendments .t.hereof.’ - " The proviszloes of this Act' may be extended by Executive rrder, upon recommendation of the Civil Service Gcmmiwicm, to zpply to any employee or grbup of emplhyem in the civil service rf ’the“IJulted States no; included at the fimc of it; psseage. Phe Pi·e@s»ldent·‘shalrhave powver, in his discretion, w , exclude from the operation of this Act any employee er group of employees ‘l¤_ the Civil seivice whosé tenure of 0Qce er memment is lubermittwt or of tmcmtsin. dumtiw: Provided, Thatj he -provjsio¤s of this Act ‘ shall apply to anyone wm wtcyed che UIll§¢d States service as n rpral arriet. bdsm Jam mary·1, 1897, and who continued in the service as meh carrie: zontlnuously for twenty yeufs crlmere, and who _ wx: hemrnbly gemrnted from the service. ’S@_=carrle;· shall be paid such eompcnsation under this Act'}: hislmth of service entitles-himto receive. _ (July]3, 19%, c. 801,j 3, 44 Sfit. 905;) se tootnote ·t¤ mé enipzu. ‘ e V- V _ 694s. Methdd of i epmputing •a¤&es.··—The annuity of Y-an employee ret:ired—u1ideli the pmvisione ct {the preceding seetions at this Act=‘ shell be compuhed by multjplyiug th8`.1]’8!¤gE. me uml. basic salary, pay, `or ccmpezfsstlcn, not to exceed $1,500 per annum, received by `suclx employee jdurieg the ten fears et allowable serviqe pext `preceding the date ct retirme1:t,_by the number oi years ot service, `uet to exceed years, and dividing the product by ·!0rty-Eve. In uo·mse,,hcweve1·, shell the annuity exceed $1,000 per annum. __ Forfthe purposes of this Acf 'dall periods ofservice bball be computed in accordance with sec~tirm`6“ hereof, end the annuity shall lr Jxed at the unrest multiple ot. twelve. . = · I - ~ l Q ~ ’ The term “ basic salary, `pay, or_ compensationf vvhetever used in this Act‘ gl1all·be_ se construed as to exclude frem the Jpenjution of the Aet ‘» all bonuses,. allowances, overtime phy, or salary, pay, picoinpensation given in addition to the bise my if the positioh is Exed bi law er rektilatiou. (July 3, 1926. 2. 80;, f _4, 44 Stat.'·907.) ° ` Q w ‘ See feotnolé to this chnpteg. _ *2 ` 695d. Combutatleu of aecredited xrvicc.-—·-Subjei:t tp the prbvisiéhs of segtlcn 9 ” hereof. the u¤i‘€£¤te‘ of service ghieh terms the basis to; mlculntlns the amount et my benedt provided in this Act" shall be computed from the dam of ‘pfiK-· {nel mployment, whether es a elmlded er an we pleyee; in the elvil wrvlce of the Ulxited Stated, lgcluding peri<>dS ut Qservice at ditterent, dma and in er more dwartments. brmiches or index ndeg et the `Govemmemt, and also periods ex service pertermed overseas wider authority c( the United Stat®, lmimmhle lu the Amy, Ngvy, Marine Ocrps, or Coast Guard et the United Qutmglnthe ease chan employee, however, who is eligible ter elcctS· • •‘A¢;" nbeuld b• ••emp¢e:.” ‘ q • Met et my 22, 1920, me qnemmmu " eenmmues this enapewr at Title 5 dt me Code wlnl¢ ln here amended. . . - esectien 6 at tl;e’Act·e¢ Jam 20, 191; censututq { 768 et Titdlc 33_ qt tha Galle. . . · . ’ , ‘ - z¤·•Be¢¤e¤ ¤” should bn tmnglatec "s0cti<>:l wsa! _ ¤°‘3ee¤e¤ O" should-b• ¤·p¤•litndx“nc·t:len 691•."