FEDERAL REGISTER

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CIA-RDP57-00384R001000060004-3
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August 6, 2000
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July 4, 1945
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Approved For Release 2, 000/08/25 : CIA-RDP57-00384RO010Q D60004-3 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 Approved For Release 2000/08/25 : CIA-RDP57-00384R001000060004-3 Approved For Release 2000/08/25 : CIA-RDP57-00384R001000060004-3 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 Approved For Release 2000/08/25 : CIA-RDP57-00384R001000060004-3 Approved For Releas2000/08/25 : CIA-RDP57-00384R001009860004-3 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 Approved For Release 2000/08/25 : CIA-RDP57-00384R001000060004-3 Approved For Releasg(, 000/08/25 : CIA-RDP57-00384ROO10O 60004-3 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- Approved For Release 2000/08/25 : CIA-RDP57-00384R001000060004-3 Approved For Releasc000/08/25 : CIA-RDP57-00384ROO1004080004-3 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 Approved For Release 2000/08/25 : CIA-RDP57-00384R001000060004-3