MANDATORY RETIREMENT FOR AGE

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP59-00882R000300150056-9
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 2
• Document Creation Date: December 20, 2016
• Document Release Date: November 17, 2000
• Sequence Number: 56
• Publication Date: October 5, 1955
• Content Type: MFR

/22c ~GCarx-tee -~~
Approved For Release 2007/02/07 : CIA-RDP59-00 2R000300150056-9
(t, v e- h 0r-'",1-
5 October 1955
SUBJECT: Mandatory Retirement for Age
1. On 30 September I was advised by Mr. Houston that I25X1A9a
Executive Officer, Personnel, hinquired about the applica-
tion of mandatory retirement provisions the Agency with particular
reference to the case of F__ I GS-6, age 70.
2. Civil Service Retirement Act of 1930, as amended, constitutes
in its entirety the background of the Civil Service retirement system.
The fact that various provisions appeared in various acts of Congress,
passed at various times, seems irrelevant to a determination th.tt this
retirement system is a system in toto and not composed of numerous
separable compartments.
3. This Agency has chosen to apply to its employees the benefits
of this retirement system. Deductions are made from employees' salaries
and employees who retire from CIA may apply for pensions on the same
basis as other employees of the Federal Government.
4. Whether we could have avoided the application of the retire-
ment act ab initio is a moot question, although it is my personal
opinion that we probably could have done so. The question is moot
because in actual practice we have accepted the retirement system
since the establishment of this Agency. If we accept the system, I
believe we must accept it as a whole. We cannot pick and choose,
applying beneficial provisions and avoiding those which we consider
detrimental. There are certainly elements of impropriety in being a
mugwump, and perhaps of illegality as well.
25X1A9a
5. I so advised by phone on the afternoon of 30
September and he expresses agreement with this viewpoint.
6. The relevant provisions of law are cited in the Federal
Personnel Manual Z-1-3i'5, and the regulations directly applicable
will be found in P 5-41 and R 5-57.
 Approved For Release 2007/02/07 : CIA-RDP59-00882R000300150056-9
7. By statute the President is authorized to exclude from
this mandatory retirement provision any employee of the Executive
Branch. He has delegated this authority, except in the case of
Presidential appointees, to the Civil Service Commission. Regulations
provide that we-agency heath requesting waiver of the mandatory age
retirement must submit reasons as to why they have not used the re-
employment provision.
8. The re-employment provision established by Civil Service
regulation, provides that an employee mandatorily retired for age
may be re-employed immediately on a temporary renewable appointment
if, in the opinion of the agency head, he is possessed of special
qualifications making his re-employment in the interest of the
Government.
9. At the request of Colonel White, I briefed him generally
on the foregoing the afternoon of 1+ October and in more detail on
the morning of 5 October.
Office of General Counsel