FEDERAL REGISTER

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP57-00384R001000060004-3
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 5
• Document Creation Date: November 17, 2016
• Document Release Date: August 6, 2000
• Sequence Number: 4
• Publication Date: July 4, 1945
• Content Type: OPEN

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FEDtllAI1JIEiuI ~STER
At_ 193 4
F UNITED S
Washington, Wednesday, July 4, 1945
EXECUTIVE ORDER #578
APPROVING REGULATIONS Of THE CIVIL
SERVICE COMMISSION UNDER THE FED-
ERAL EMPLOYEES PAT Acr or 1945
By virtue of the authority vested In me
by section 605 of the Federal Employees
Pay Act of 1945, I hereby approve the
following regulations prescribed by the
Civil Service Commission:
REGULATIONS UNDER THE FEDERAL EMPLOY-
EES PAT ACT OF 1945
By virtue of the authority vested in
the U. S. Civil Service Commission by
section 605 of the Federal Employees Pay
Act of 1945, the Commission hereby pro-
mitigates the following regulations for
the administration of the provisions of
that Act, effective on and after July 1,
1945.
CHAPTER I. OVERTIME PAY REGULATIONS
Part 1. Extent of Overtime Pay
Regulations
SECTION 101. Employees to whom these
regulations apply. These regulations
apply to all civilian officers and employ-
ees in or under the executive branch of
the United States Government, includ-
ing Government-owned or controlled
corporations, except those specified In
section 102 of these regulations.
SEC. 102. Employees to whom these
regulations do not apply. These regu-
lations do not apply to:
(a) Elected officials;
(b) Heads of departments or inde-
pendent establishments or agencies, In-
cluding Government-owned or controlled
corporations; 1. e., heads of govern-
mental establishments in the executive
branch which are not component parts
of any other such establishments.
(c) Officers and employees in or un-
der the field service of the Post Office
Department;
(d) Employees whose basic compensa-
tion Is fixed and adjusted from time to
time in accordance with prevailing rates
by wage boards or similar administrative
authority serving the same purpose, ex-
The Codillcatbn Ga de, consist-
ing of a numerical list of the parts
of the Code of Federal Regulations
affected by documents appearing
in this issue, follows the table of
contents.
cept that section 404 (d) of these regula-
tions shall be applicable to such em-
ployees whose basic rate of compensation
is fixed on an annual or monthly basis;
(e) Employees outside the continental
limits of the United States, Including
those in Alaska, who are paid in accord-
ance with local prevailing native wage
rates for the area In which employed;
(f) Officers and employees of the In-
land Waterways Corporation;
(g) Officers and employees of the Ten-
nessee Valley Authority;
(h) Individuals to whom the provisions
of section 1 (a) of the Act entitled "An
Act to amend and clarify certain provi-
visions of law relating to functions of
the War Shipping Administration, and
for other purposes," approved-March 24,
1943 (Public Law No. 17-78th Con-
gress), are applicable:
(i) Officers and members of the United
States Park Police and the White Rouse
Police; and
(j) Employees of the Transportation
Corps of the Army of the United States
on vessels operated by the United States,
vessel employees of the Coast and Geo-
detic Survey, and vessel employees of
the Panama Railroad Company.
Part 11. Definitions
SEC. 201. Bask workweek for /tat-time
officers and employees. "Basic work-
week" for full-time officers and employees
means the forty-hour workweek estab-
lished pursuant to section 301 (a) of
these regulations.
Sac. 202. Administrative workweek for
full-time officers and employees. "Ad-
l42inlstrative workweek" for full-time of-
ficers and employees means the adminis-
trative workweek established pursuant to
section 301 (b) of these regulations.
(Continued on p. 6193)
CONTENTS
THE PRESIDENT
Oau u: Pap
Civil Service Commission regu-
lations under Federal Emt-
ployees Pay Act of 1945, ap-
proval-------------------- $191
`~nllsted personnel of the-Navy,
Coast Guard, Naval Re-
serve, and Coast Guard Re-
serve; amendment of E. O.
9336 of June 24, 1943, pre-
scribing regulations govern-
ing furnishing clothing or
payment of cash allow-
ances -------------------- 8197
Hawaii:
Land restored for aeronau-
tical purposes and re-
served for military pur-
poses------------------- 8197
Territorial War labor Board
Jurisdiction over volun-
tary wage and salary ad-
justments of employees
subject to the Railway
Labor Act; amendment
of E. O. 9299 of Feb. 4,
1943 ------------------- 8197
Panama Canal and the Panama
Canal Railroad Co., condi-
tions of employment;
amendment of E. O. 1888 of
Feb. 2,1914--------------- 8196
Persons in armed forces of
United States, amendment
of E. O. 8937 of Nov. 7, 1941,
extending period of eligibil-
ity on Civil Service regis-
ters or lists--------------- 8196
REGULATIONS AND NOTICES
CIVIL AERONAtrTR BOARD:
Reduction of prescribed alti-
tudes (Corr.) ------------- 8201
CIVIL SERVICE CoWMisszoN:
Federal Employees Pay Act of
1945, cross reference to reg-
ulations ------------------ 8197
COAST GUARD:
Vessels engaged in business con-
nected with conduct of war,
waiver of compliance------ 8243
(Continued on p. 8192)
8191
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WAR PROOVCTIOx Bow--Con.
Books and booklets (L-245) ---
Chian (L-30'1)- -------
Controlled materials plan:
Copper wire mill warehouses,
stock orders (CMP Reg. 4,
Dir. 4) -----------------
Steel sheet and strip, 45 day
inventory (CMP Reg. 2,
Dir. 24) ----------------
Hardwood lumber (L-335, Dir.
6) ----- --
Magazines and periodicals (L-
2") -- -----------
Newspapers (L-240) -----------
Printing and duplicating, com-
mercial (L-241)___________
Priorities system, operation (PR
3; PR 3. Int. 15) (2 docu-
Restricted Priorities assist-
ance for civilian products
(PR 28) ----------------
Shipping containers, fluid milk
(M-200, revocation) _______
Suspension orders, etc.:
Dill, Cyril J_________________
Gartner Printing and Litho-
graphing Co__r________
Gimpel, Charles H. (Corr.)
(2 documents) -------___
Springfield Union Publishing
Co. and Republican Pub-
lishing Co--------------
Textile, clothing and related
products, special programs
(M-328B) ---------------
Children's Apparel Program
No..3 (M-323B, Bch. A) _
Children's Snow Suit Program
No. 2 (M-328B, Supp.
XIII t9 Bch. A)_--___-_
Cotton fabrics for children's
apparel items (M-328B,
Sch C) ----------------
Cotton and wool machine
knitted items (M-328B,
Bch. B) ------------_
Knit Goods Program No. 6
(M-328B, Supp. XV to
Knitted fabrics for civilian
items, special programs
(M-3288, Sch. E) ---___-
Limited application of PR 29
and MM ratings (M-328,
Dir. 18) ----------------
WAR SHIPPING ADMINISTRATION:
FEDERAL REGISTER? W aditesday, July 4, 1945
Fags
8210
8232
8,221
8202
8217
8210
8209
8204
8203
8203
8203
8224
8230
Compensation payable to gen-
eral agents, agents, and
berth agents, effective date_ 8243
CODIFICATION GUIDE
A numerical list of the parts of the Code of
Federal Regulations affected by documents
published in this issue. Documents carried
in the Cumulative Supplement by uneoditied
tabulation only are not Included within the
purview of this list.
TITLE 3-THE PRESIDENT:
Chapter II-Executive orders:
Page
9578
-----------------------
8191
9579
-----------------------
8196
9580
-----------------------
8196
9581
-----------------------
8197
9582
-----------------------
8197
CODIFICATION GUIDE--Coatinued
TITLE 3-Tits PsssmsxT-Con.
Chapter II-Executive orders-
Continued: page
OM ----------------------- 9197
TITLE 5-AMINx=AT s Pssa0NNEL:
Chapter I--Civil Service Com-
mission:
Part 28--Regulations under
the Federal Employees
Pay Act of 1945__________ 8197
Tin.; 10--ARRIT:), WAR DEPART-
Chapter VIII=Supplies and
equipment:
Subchapter C-Termination
of contracts ------------ 8201
TITLE 14-CIVIL AVIATIoN:
Chapter I-Civil Aeronautics
Board:
Part 60-Air traffic rules----- 8201
TITLE 29-LASOkI:
Chapter VIA-National War La-
bor Board:
Part 803-Oeeneral orders---- 8201
TITLE 32-NATIONAL DETENSE:
Chapter IX-War - Production
Board:
Part 944-Regulations appli-
cable to the operation of
the priorities system (3
documents)-_-_____ 8204. 8209
Chapter XVIII-0mce of Eco-
nomic Stabilisation:
Part 4003-Support prices:
subsidies --------------- 8242
TITLE 46--SNIPPING:
Chapter I-Coast Guard: In-
spection and Navigation :
Appendix A-Waivers of navi-
gation and vessel inspec-
tion laws --------------- 8243
Chapter III-War. Shipping Ad-
ministration:
Part 306-General agents and
agents ----------------- 8243
TITLE 49--TRANSPORTATION AND
RAII.aoADE :
Chapter I-Interstate Com-
merce Commission:
Part 10-Steam roads: uni-
form system of accounts_ 8243
Sze. 203. Basic rate of compensation.
(a) "Basic rate of compensation" means
the rate of compensation fixed by law or
administrative regulation for the position
held by the officer or employee, exclusive
of overtime compensation and extra pay
for night or holiday work, but inclusive
of (a) any salary differential for duty
outside the continental United States, or
In Alaska, and (b) the value of quarters,
subsistence, and other maintenance al-
lowances under section 3 of the Act of
March 5, 1928, 45 Stat. 193, U. S. Code,
Title 5, Sec. 75a.
(b) Hereafter for all pay computation
purposes basic per annum rates of com-
pensation established by or pursuant to
law shall be regarded as payment for em-
ployment during fifty-two basic work-
weeks of forty hours.
Sec. 204. Irregular or occasional over-
time duty. "Irregular or occasional over-
time duty" means hours of employment
in excess of the regularly scheduled ad-
ministrative workweek.
Part Ill. Regulations To Be Prescribed
by Heads of Departments and Agencies
Sze. 301. Establishment of basic work-
week and administrative workweek.
Heads of departments or Independent es-
tablishments or agencies, including Gov-
ernment-owned or controlled corpora-
tions, shall, with respect to each grcup
of full-time employees to whom these
regulations apply, establish by general
public regulation, to be effective July 1,
1945:
(a) A regularly scheduled basic work-
week of forty hours In length which shall
not extend over more than six of any
seven consecutive days. Such regulation
shall specify the names of the calendar
days constituting the basic workweek
and, for each of such calendar days, the
number of hours of employment included
within the basic workweek.
(b) (1) A regularly scheduled admin-
istrative workweek which shall consist
of the forty-hour basic workweek estab-
lished in accordance with section 301
(a) of these regulations, plus such period
of overtime work as will be regularly re-
quired of each group of employees. The
periods of time included in such adminis-
trative workweek which do not constitute
a part of the basic workweek shall be
identified by names of calendar days and
by number of hours per day for purposes
of leave and overtime pay administration.
(2) In the case of employees whose
work includes periods during which they
are required to remain on duty and render
"stand-by service" at or within the con-
fines of their stations, the length of the
administrative workweek, for the pur-
pose of these regulations, shall be the
total number of regularly scheduled
hours of duty per week (or in rotating-
shift systems, the average number of
regularly scheduled hours of duty per
week for the cycle), including all such
"stand-by" or "on call" time except that
allowed by regulation of the department
or independent establishment for sleep
and meals.
Ssc. 302. Compensatory lime off for
irregular or occasional overtime ditty.
Heads of departments or independent
establishments or agencies, including
Government-owned or controlled corpo-
rations, may. with respect to officers and
employees to whom these regulations
apply, prescribe regulations effective as
of July 1, 1945, for the granting of com-
pensatory time off from duty, in lieu of
overtime compensation, for irregular or
occasional duty in excess of forty-eight
hours in any regularly scheduled admin-
istrative workweek, to those per annum
employees requesting such compensatory
time off from duty.
Part IV. Overtime Work and Occrtinte
Compensation
Sze. 401. Overtime compensation au-
thorized. (a) Officers or employees to
whom these regulations apply shall be
paid overtime compensation, computed
as provided in section 404 of these regu-
lations, for all hours of employment of-
ficially ordered or approved In excess cf
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8194 FEDERAL REGISTER, Wednesday, July 4, 1945
forty hours in any administrative work-
week, including irregular or occasional
overtime duty.
(b) Any per annum employee may re-
quest compensatory time off, in lieu of
overtime pay, for irregular or occasional
duty in excess of forty-eight hours In any
regularly scheduled administrative work-
week, in accordance with administrative
regulations issued pursuant to section
302 of these regulations. Unless com-
pensatory time off for such irregular or
occasional overtime duty is specifically
requested by the employee it shall be
paid for in money when due.
(c) Heads of departments or Independ-
ent establishments or agencies, including
Governlhent-owned or controlled corpo-
rations, may delegate to any oMcer or
employee authority to order or approve
overtime in excess of the administrative
workweek. No overtime In excess of the
administrative workweek shall be ordered
or approved except in writing by an offi-
cer or employee to whom such authority
has been specifically delegated by the
head of the department or independent
establishment or agency, or Govern-
ment-owned or controlled corporation.
Sec. 402. Computation of overtime em-
ployment. The computation of the
amount of overtime employment' of an
officer or employee shall be subject to the
following conditions:
(a) Leave with pay. Absence from
duty on authorized leave with pay dur-
Ing the time when an employee would
otherwise have been required to be on
duty during the basic workweek (in-
cluding authorized absence on legal holi-
days and during the compensatory time
off provided for In section 302 and 401
(b) of these regulations) shall be con-
sidered to be employment and shall not
have the effect of reducing the amount
of overtime compensation to which the
employee may be entitled during an ad-
ministrative workweek. Leave of ab-
sence with pay shall not be charged for
any absence which does not occur during
the forty hours prescribed as the basic
workweek. If in an administrative work-
week, the officer or employee does not
actually work during any overtime pe-
riod in excess of the forty hours pre-
scribed as the basic workweek, no over-
time compensation shall be paid.
(b) Night or holiday duty. Hours of
night or holiday duty shall be considered
as employment on the same basis as day-
time hours or an ordinary day's duty
for the purpose of computing the number
of hours of overtime employment under
these regulations. Any extra compen-
sation for night or holiday duty shall
not, however, be included in any basic
rate In computing overtime compensa-
tion under these regulations.
(c) Service subject to other overtime
statutes. Overtime services for which
overtime compensation is paid under any
of the following statutes shall not form a
basis for overtime employment under
these regulations: Act of February 13,
1911, as amended (U.S.C., title 19, sees.
261 and 267) involving inspectors, store-
keepers, weighers, and other customs of-
ficers and employees; Act of July 24, 1919
(41 Stat. 341: U.S.C., title 7, sec. 394)
Involving employees engaged in enforce-
ment of Meat Inspection Act; Act of
June 17, 1930, as amended (U.S.C., title
19, sec. 1450, 1451, and 1452) Involving
customs officers and employees; Act of
March 2, 1931 (46 Stat. 1467; U.S.C.,
title 8. secs. 109a and 109b) involving
Inspectors and employees, Immigration
and Naturalization Service; Act of May
27. 1936, as amended (52 Stat. 345;
U.S.C., title 46, sec. 382b) involving local
Inspectors of steam vessels and assist-
ants, U. S. shipping commissioners,
deputies and assistants, and customs of-
ficers and employees; Act of March 23,
1941 (55 Stat. 46; U.S.C., sup. IV, title
47, sec. 154 (f) (2)) involving certain
inspectors of the Federal Communica-
tions Commission ; Act of June 3, 1944
(Public Law 328-78th Congress) Involv-
ing customs officers and employees.
SEC. 404. Computation of overtime
compensation. (a) For employees whose
basic compensation is at a rate less than
$2,980 per annum, the overtime hourly
rate shall be one and one-half times
the basic hourly rate of compensation :
Provided, That in computing such over-
time compensation for per annum em-
ployees, the basic hourly rate of com-
pensation shall be determined by divid-
ing the basic per annum rate by two
thousand and eighty (2,080).
(b) For employees whose basic com-
pensation Is at a rate of $2,980 per an-
num or more, the overtime hourly rate
shall be in accordance with and In pro-
portion to the following -schedule, sub-
ject to the limitation contained in sub-
section (c) of this section.
Overtime rate of
compensation
Basic rate of compensation per 416
per annum: overtime hours
$2,980--------------------------
{894.000
$3,090--------------------------
885.554
$3.200--------------------------
877.108
$3,310--------------------------
868.662
$3,420--------------------------
860.216
1.3.630--------------------------
851.770
$3.640--------------------------
843.324
$3,750--------------------------
834.878
$3.860--------------------------
826. 482
93.970--------------------------
817.986
$4,080------------------------
809.540
$4.190--------------------------
801,094
$4.300--------------------------
792. 648
$4,410--------------------------
784.202
$4,520--------------------------
775.756
?4.630--------------------------
787.310
?4,740--------------------------
758.884
$4.960--------------------------
741. 072
$5,180--------------------------
725.080
$5.390--------------------------
708. 955
$5 600--------------------------
692.831
$5.810--------------------------
670.707
$e.020--------------------------
660. 583
$6.230--------------------------
644.458
`6,440 and over-----------------
628.334
Noit.-In the foregoing schedule the over-
time rate for 416 overtime hours for any basic
rate of compensation in excess of $2,980 per
annum Is computed by subtracting 1roin
$894, 7.6782 per centum of the amount by
which such basic rate is in excess of $2,980
per annum; with the condition that the rate
for 416 overtime hours for all salaries of
$6,440 or more shall be `628.334.
(c) Notwithstanding the provisions of
subsection (b) of this section, the over-
time compensation payable to any officer
or employee to whom these regulations
apply ah+li, with respect to any pay pe-
riod, be limited to such rate as will not
cause his aggregate compensation for
such pay period to exceed a rate of $10,000
per annum: Provided, however, That any
such officer or employee who was receiv-
ing overtime compensation on June 30,
1945, and whose aggregate rate of com-
pensation on such date was in excess of
$10,000 per annum may receive overtime
compensation at such rate as will not
cause his aggregate rate of compensation
for any pay period to exceed the aggre-
gate rate of compensation he was receiv-
ing on June 30, 1945, until he ceases to oc-
cupy the office or position he occupied on
such date or until the overtime hours of
work in his administrative workweek are
reduced by action of the head of his de-
partment or independent establishment
or agency, or Government-owned or con-
trolled corporation, and when such over-
time hours are reduced such rate of over-
time compensation shall be reduced pro-
portionately.
(d) Employees whose basic rate of
compensation is fixed on an annual or
monthly basis and adjusted from time to
time in accordance with prevailing rates
by wage boards or similar administrative
authority serving the same purpose shall
be entitled to overtime pay in accordance
with the provisions of section 23 of the
Act of March 28. 1934 (U.S.C., 1940 edi-
tion, title 5, sec. 673c). The rate of com-
pensation for each hour of overtime em-
ployment of any such employee shall be
computed as follows:
(1) If the basic rate of compensation
of the employee is fixed on an annual
basis, divide such basic rate of compen-
sation by two thousand and eighty (2080)
and multiply the quotient by one and
one-half; and
(2) If the basic rate of compensation
of the employee is fixed on a monthly
basis, multiply such basic rate of com-
pensation by twelve to derive a basic
annual rate of compensation, divide such
basic annual rate of compensation by
two thousand eighty (2080), and multiply
the quotient by one and one-half.
(e) Whenever, for the purpose of com-
puting overtime pay under these regula-
tions, It is necessary to convert a basic
monthly or annual rate to a basic weekly..
daily or hourly rate the following rules
shall govern:
(1) A monthly rate shall be multiplied
by 12 to derive an annual rate:
(2) An annual rate shall be divided by
52 to derive a weekly rate:
(3) A weekly rate shall be divided by
40 to derive an hourly rate: and
(4) A daily rate shall be derived by
multiplying an hourly rate by the num-
ber of daily hours of service required.
CHAPTER II. PERIODIC WITHIN-GRADE SAL-
ARY ADVANCEMENT REGULATIONS
Part 1. Extent of Periodic Within-Grade
Salary Advancement Regulations
SEC. 101. O$lecrs and employees to
whom these regulations apply. These
regulations apply to all officers and em-
ployees, except those who are appointed
by the President, by and with the advice
and consent of the Senate, who (a) are
compensated on a per annum basis, (b)
occupy permanent positions within the
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FEDERAL REGISTER, Wednesday, July 4, 1945 8195
scope of the compensation schedules
fixed by the Classification Act of 1923. as
amended, and (c) have not reached the
maximum rate of compensation for the
grade in which their positions are re-
spectively allocated.
Part Il. Definitions
SEC. 201, Permanent positions. "Per-
manent positions" means positions other
than those designated as temporary by
law and other than those established for
definite periods of one year or less. Po-
sitions to which appointments are made
under the War Service Regulations for
the duration of the war and six months
thereafter are permanent positions with-
in the scope of this definition.
SEC. 202, Positions within the scope of
the compensation schedules fixed by the
Classification Act of 1923, as amended.
"Positions within the scope of the com-
pensation schedules fixed by the Classi-
fication Act of 1923, as amended", means
positions in the departmental and field
services, In the executive, legislative, and
judicial branches, in Government-owned
or Government-controlled corporations,
and in the municipal government of the
District of Columbia, the compensation
of which has been fixed on a per annum
basis, pursuant to the allocation of such
positions to the appropriate grade either
by the Civil Service Commission or by
administrative action of the depart-
ment, establishment, agency, or corpo-
ration concerned, in accordance with the
compensation schedules of the Classifi-
cation Act of 1923, as amended.
SEC. 203. Equivalent increase in com-
pensation. (a) "Equivalent Increase in
compensation" means any increase or
increases in basic compensation which In
total, at the time such increase or in-
creases are made, are equal to or greater
than the compensation increment in the
lowest grade in which the employee has
served during the time period of twelve
or eighteen months, as the case may be.
(b) The following are not "equivalent
increases in compensation";
Q) Increases in basic rates of com-
pensation provided by section 405 of the
Federal Employes Pay Act of 1945;
(2r Rewards for superior accomplish-
ment as provided in sections 403 and
404 of the Federal Employees Pay Act of
1945; or
(3) Increases as the result of the es-
tablishment of a new minimum rate for
any class of positions in accordance with
section 401 of the Federal Employees Pay
Act of 1945.
SEC. 204. Current efficiency. "Current
efficiency" means the official efficiency
rating on record appropriate for within-
grade salary advancement purposes, in
accordance with the uniform efficiency-
rating system.
SEc. 205. War transfer. "War trans-
fer" means any transfer authorized by
the Civil Service Commission under
Executive Order Nos. 8973 of December
12, 1941, or 9067 of February 20, 1942,
War Manpower Commission Directive
No. X, or War Service Regulation IX,
under conditions entitling the employee
to reemployment in his former position
or a position of like seniority, status, and
pay.
Sic. 206. Satisfactory record on war
transfer. "A satisfactory record on war
transfer" means a record or finding that
the transferred employee has been invol-
untarily furloughed or terminated with-
out cause such as would reflect on his
suitability for reemployment in the Fed-
eral service, from the position to which
transferred.
Sic. 207. Service in the merchant
marine. "Service in the merchant ma-
rine" means service as an officer or mem-
ber of the crew on or in connection with
a vessel documented under the laws of
the United States or a vessel owned by,
chartered to, or operated by or for the
account or use of the Administrator, War
Shipping Administration, service as an
enrollee in the United States Maritime
Service on active duty, and, to such ex-
tent as said Administrator shall pre-
scribe, any period awaiting assignment
to such service and any period of educa-
tion or training for such service in any
school or Institution under the jurisdic-
tion of the Administrator.
Sic. 208. Certificate of satisfactory
service in the merchant marine. "Cer-
tificate of satisfactory service in the
merchant marine" means the certificate
Issued by the War Shipping Administra-
tor pursuant to the Act of June 23, 1943,
57 Stat. 162, U. S. Code, 1940 ed., supp.
IV, Title 50 app., sees. 1471-1475, pro-
viding reemployment rights for persons
who leave their positions to serve In the
merchant marine.
Part 111. Computation of Periods of
Service
Sic. 301. Service to be credited. In
computing the periods of service required
for within-grade salary advancements
there shall be credited to such service:
(a) Continuous civilian employment in
any branch (legislative, executive, or
judicial), executive department, inde-
pendent establishment or agency, or cor-
poration of the Federal Government or
in the municipal government of the Dis-
trict of Columbia.
(b) Time elapsing on annual, sick, or
other leave with pay.
(c) Time elapsing in a non-pay status
(including break in service) not exceed-
ing thirty days within any one time
period of twelve or eighteen months, as
the case may be.
(d) Service rendered prior to absence
on furlough or leave without pay where
such absence is in excess of thirty days
but not exceeding one year.
(e) Service in the armed forces, In the
merchant marine, or on war transfer
subject to the following conditions: The
employee must have (1) left his position
to enter the armed forces or the mer-
chant marine, or to-comply with a war
transfer, (2) been separated under hon-
orable conditions from active duty in the
armed forces, or have received a certifi-
cate of satisfactory service in the mer-
chant marine, or have a satisfactory
record on war transfer, and (8) been re-
stored, reemployed. or reinstated in any
permanent position within the scope of
the compensation schedules fixed by the
Classification Act of 1923, as amended,
under regulations of the Civil Service
Commission, or the provisions of any law
providing for restoration or reemploy.
ment, or any other administrative pro-
cedure with respect to employees not sub-
ject to civil service rules and regulations.
Any employee entitled to be credited with
service under this subsection shall also be
entitled to credit for civilian employment
prior to leaving his position to enter the
armed forces or the merchant marine, or
to comply with a war transfer, in ac-
cordance with subsections (a), (b), (c),
and (d) of this section.
Part IV. Conditions of Eligibility for Pe-
riodic Within-Grade Salary Advance-
ments
Sec. 401. Eligibility requirements and
effective date. Officers and employees
to whom these regulations apply shall be
advanced in compensation successively
to the next higher rate within the grade
at the beginning of the next pay period
(including July 1, 1945) following the
completion of (a) each twelve months
of service It such officers or employees
are in grades In which the compensation
increments are less than $200 per annum
or (b) each eighteen months of service
If such officers or employees are in grades
in which the compensation increments
are $200 or more, subject to the follow-
ing conditions:
(1) That no equivalent increase in
compensation from any cause was re-
ceived during such period;
(2) That an officer or employee shall
not be advanced unless his current em-
ciency rating is "Good" or better than
"Good."
(3) That the service and conduct of
such officer or employee are certified by
the head of the department or inde-
pendent establishment or agency, or
Government-owned or controlled corpo-
ration, or such official as he may desig-
nate, as being otherwise satisfactory.
Sic. 402. Exceptions to conditions (2)
and (3) stated in section 401. Conditions
(2) and (3) of section 401 shall not apply
upon the return to duty of any officer or
employee (a) who, while serving under
permanent, war service, temporary, or
any other type of appointment, left his
position to enter the armed forces or the
merchant marine, or to comply with a
war transfer, (b) who has been separated
under honorable conditions from active
duty in the armed forces, or has received
a certificate of satisfactory service In the
merchant marine, or has a satisfactory
record on war transfer, and (c) who,
under regulations of the Commission or
the provisions of any law providing for
restoration or reemployment, or under
any other administrative procedure with
respect to officers and employees not sub-
ject to civil service rules and regulations,
Is restored, reemployed, or reinstated In
a permanent position within the scope of
the compensation schedules fixed by the
Classification Act of 1923, as amended, In
which he would otherwise be eligible for
within-grade salary advancement under
these regulations.
Part V. Effect of Efficiency-Rating
Changes
Sic. 501. Effect of efficiency-rating
changes. In the event a change or ad-
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8196 FEDERAL REGISTER, Wednesday, July 4, 1945
justment is made In an officer's or em-
ployee's current cfflciency rating, either
by administrative action or as the result
of a review and determination by a board
of review in accordance with the pro-
visions of section 9 of the Classification
Act of 1923, as amended, the employee's
eligibility for salary advancement shall
be determined according to the efficiency
rating as changed or adjusted and other
conditions of, the salary advancement
plan, and any periodic within-grade
salary advancement to which he may be
entitled shall be made effective as of the
date he would have received the advance-
ment had no error been made in the
original rating.
CHAPTER III. NIGHT PAY DIFFERENTIAL REGU-
LATIONS
Part I. Extent of Night Pay Differential
Regulations
SEC. 101. Employees to whom these
regulations apply. These regulations
apply to all civilian officers and em-
'sloyces in or under the executive branch
...,of the United States Government, in-
cluding Government -owned or controlled
corporations, except those specified in
section 102 of these regulations.
SEC. 102. Employees to whom these
regulations do not apply. These regula-
tions do not apply to:
(a ( Elected officials;
(b) Ifeads of departments or Inde-
pendent establishments or agencies, in-
cluding Government-owned or controlled
corporations; 1. e.. heads of governmental
establishments in the executive branch
which are not component parts of any
other such establishments.
( c ' Officers and employees In or un-
der the field service of the Post Office
Department;
(d) Employees whose basic compensa-
tion is fixed and adjusted from time to
time in accordance with prevailing rates
by wage boards or similar administra-
ive authority serving the same pur-
*-I ose;
(e) Employees outside the continental
limits of the United States, including
those in Alaska, who are paid in accord-
ance with local prevailing native wage
rates for the area In which employed;
(f 1 Officers and employees of the In-
land Waterways Corporation;
(l; ( Officers and employees of the
Tennessee Valley Authority;
(h( Individuals to whom the provi-
sions of section 1 (ai of the Act entitled
"An Act to amend and clarify certain
provisions of law relating to functions
of the War Shipping Administration,
and for other purposes", approved March
24, 1943 (Public Law No. 17-78th
Conn.), are applicable;
(i Officers and members of the United
States Park Police and the White House
Police;
(J) Employees of the Transportation
Corps of the Army of the United States
on vessels operated by the United States,
vessel employees of the Coast and Geo-
detic Survey, and vessel employees of the
Panama Railroad Company;
(k( Employees of the Bureau of En-
craving and Printing who are entitled
to a night pay differential under the Act
of July 1, 1944 (Public Law 394-78th
Cong.) ; and
3. A weekly rate shall be divided by 40
to derive an hourly rate; and
(1) Employees who are entitled to ad-
4. A daily rate shall be derived by
ditional compensation for night
work
multiplying an hourly rate by the num-
under any provision of law
other
ber of daily hours of service required.
than section 301 of the Federal
Em-
Civil Service Commission
U
S
ployees Pay Act of 1945.
,
.
.
Part II. Definitions
Approved: June 29, 1#45.
SEC. 201. Basic rate of compensation.
"Basic rate of compensation" means
the rate of compensation fixed by law or
administrative regulation for the posi-
tion held by the officer or employee, ex-
clusive of overtime compensation and
extra pay for night or holiday work but
inclusive of (a) any salary differential
for duty outside the continental United
States, or In Alaska, and (b) the value
of quarters, subsistence, and other main-
tenance allowances under section 3 of
the Act of March 5. 1928, 45 Stat. 193,
U. S. Code, Title 5, sec. 75a.
SEC. 202. Regularly scheduled tour of
duty. "Regularly scheduled tour of
duty" means the regular administrative
workweek prescribed by the general pub-
lic regulations Issued by the head of a
department or Independent establish-
ment or agency, including Government-
owned or controlled corporations, in ac-
cordance with section 301 (b) of the
Overtime Pay Regulations Issued by the
Civil Service Commission pursuant to
the Federal Employees Pay Act of 1945.
SEC. 203. Night work. "Night work"
means that part of a regularly sched-
uled tour of duty which falls between 6
o'clock p. m. and 6 o'clock a. M.
Sic. 204. Night pay differential.
"Night pay differential" means the ten
percent increase over the officer's or em-
ployee's basic rate of compensation, au-
thorized by section 301 of the Federal
Employees Pay Act of 1945.
Part III. Night Work and Payment of
Night Differential
SEC. 301. Night pay differential au-
thorized. Any officer or employee to
whom these regulations apply shall be
entitled to a ten percent increase over
his basic rate of compensation for all
hours of night work, computed in ac-
cordance with section 302 (c) of these
regulations.
SEC. 302. Computation of night pay
differential. (a) Leave. Payment of a
night pay differential is not authorized
during any period when the officer or
employee Is in a leave status.
(b) Overtime. The night pay differ-
ential shall not be Included in the basic
rate of compensation in computing any
overtime compensation to which the offi-
cer or employee may be entitled.
(e) Computation of rate of night pay
differential. Whenever It is necessary to
convert a basic monthly-or annual rate to
a basic weekly, daily, or hourly rate for
the purpose of computing the amount of
the night pay differential, the following
rules shall govern:
1. A monthly rate shall be multiplied
by 12 to derive an annual rate;
2. An annual rate shall be divided by 52
to derive a weekly rate;
H. B. MITCHELL,
LUCILE FOSTER MCMILLIN,
ARTHUR S. FLEMING,
Commissioners.
THE WHITE HOUSE.
June 30, 1945.
Approved: HARRY S. TRUMAN
IF. R. Doe. 45-11902; Filed, July 2, 1945;
5:03 p.m.I
EXECUTIVE ORDER 9579
AMENDMENT OF EXECUTIVE ORDER No. 8937
OF NOVEMBER 7, 1941, EXTENDING THE
PERIOD OF ELIGIBILITY ON CIVIL SERVICE
REGISTERS OR LISTS OF PERSONS WHO
SERVE IN THE ARMED FORCES OF THE
UNITED STATES
By virtue of the authority vested in me
by section 2 of the Civil Service Act (22
Stat. 403, 404), and in order to extend
the period of time for applying for the
benefits of Executive Order No. 8937 of
November 7, 1941, entitled "Extending
the period of Eligibility on Civil Service
Registers or Lists of Persons Who Serve
In the Armed Forces of the United
States", it is ordered that the proviso
contained in the said order be, and it Is
hereby, amended to read as follows:
"Provided, That, such persons shall
notify the Civil Service Commission
within 90 days after termination of their
service in the armed forces or of hos-
pitalization continuing after discharge
for a period of not more than one year."
This order shall be effective as of De-
cember 8, 1944.
HARRY S. TRUMAN
THE WHITE HOUSE,
June 30, 1945.
IF. It. Doc. 45-11809; Filed, July 2, 1945;
5:03 p.' m.]
EXECUTIVE ORDER 9580
AMENDMENT OF EXECUTIVE ORDER No. 1888
OF FEBRUARY 2, 1914, AS AMENDED, RE-
LATING TO CONDITIONS OF EMPLOYMENT
IN THE SERVICE OF THE PANAMA CANAL
AND THE PANAMA RAILROAD COMPANY ON
THE ISTHMUS OF PANAMA
By virtue of the authority vested In me
by section 81 of title 2 of the Canal Zone
Code, as amended by section 3 of the act
approved July 9, 1937, 50 Stat. 487, It Is
hereby ordered as follows:
SEC. 1. Paragraph 31 of Executive Or-
der No. 1888 of February 2, 1914, as
amended by Executive Order No. 2514 of
January 15, 1917, Is hereby amended to
read as follows:
"31, Leave taken shall be paid for at
the same rate as that which the employee
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