EXTENSION OF THE BAN ON MAXIMUM AGE LIMITS TO POSITIONS IN THE EXCEPTED SERVICE

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP75B00380R000800030027-6
• Release Decision: RIPPUB
• Original Classification: S
• Document Page Count: 8
• Document Creation Date: December 12, 2016
• Document Release Date: January 7, 2002
• Sequence Number: 27
• Publication Date: February 12, 1971
• Content Type: MF

SECRET
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2 FEB 1971
Office of Legislative Counsel
,Deputy Director for Support
12 FEB 1971
SUBJECT Extension of the Ban on Maximum Age Limits to Positions
in the Excepted Service
1. This is in response to your request for a coordinated Agency
position concerning the proposal to enact changes in subchapter II of
chapter 71 of Title 5, U. S. Code.
2. This Agency has set no maximum age limits for appointment to
staff positions in general or for particular positions although age is
25X1A obviously a factor for consideration for entry into the Career Training
Program or the
3. The Agency's retirement policy as published i and
OPM 20-12-14 (copies attached) has the effect of establishing limits
on staff employment except as specifically approved by the Director of
Central Intelligence.
4+. The issue at hand seems to present a general legal problem
rather than a matter to be justified on the basis of particular position
requirements. The real question is whether the Director shall continue
to have authority to establish personnel policies and practices in the
Agency's interest without such action being subject to external review
by the Civil Service Commission.
5. We recommend that the Agency take the position that it is
essential for the Director to have such authority and that the Agency
must, therefore, seek exemption from the proposed legislation.
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CONFIDENTIAL
HR
PERSONNEL
44. CIVIL SERVICE RETIREMENT SYSTEM. The provisions of this
paragraph apply only to retirement under the Civil Service Retirement Act, as
amended. The provisions of the CIA Retirement and Disability Act of 1964 are
in HR 20-50.
GENERAL
(1) Staff personnel, excluding only those receiving temporary appointments,
may be participants in the Civil Service Retirement System. Career Agents
may be participants in t4e Civil Service Retirement System. Contract em-
ployees whose employment or reemployment became effective on or after
1 July 1967, who are United States citizens, whose contract is for a period
in excess of one year, and who are employed on a regularly scheduled basis
(full- or part-time) may also participate in the Civil Service Retirement
System.
(2) Staff personnel and contract employees who do not meet basic eligibility
criteria may still participate in the system if their employment follows
without a break in service in excess of three days other employment sub-
ject to Civil Service retirement deductions.
(3) The amount of retirement benefits, insofar as Agency employment is con-
cerned, is based on Agency salary. Retirement deductions for Integrees,
except military staff agents, will be made by the integrating agency on
the basis of the individual's integrated salary with subsequent adjustment
In accordance with the provisions of HR 20-31d, Settlement of Compen-
sation Differences.
lb. POLICY. Employees generally will retire at age 60 or as soon thereafter as
they are eligible for optional retirement under the Civil Service Retirement Sys-
tem, i.e., upon completion of 20 years of service at age 60 or after a minimum
of five years of service at age 62. Exceptions to the general policy will be con-
sidered by the Director on an individual case basis when requested by a Deputy
Director, Head of Career Service, Head of Independent Office, or the employee.
See paragraph c below.
(1) Employees may be extended beyond the scheduled retirement age estab-
lished in accordance with b above when because of skills or other qualifica-
tions which are needed and should be preserved for the Agency or for
other reasons the Deputy Directors, Heads of Career Services, or Heads of
Independent Offices believe it desirable to continue their employment.
(2) Employees may request an exception to the Agency's policy based on un-
usual and compelling personal circumstances which would result in serious
personal hardship if retirement takes place as scheduled. Requests should
be forwarded through the Operating Official or Head of Independent Office
concerned.
(3) Requests for exceptions will be submitted at least 12 months in advance of
an employee's retirement date. Where the 12-month limit cannot be met,
an explanation of the precluding circumstances must be submitted with
the exception request.
:108 Revised: 31 October 1968 (422)
CONFIDENTIAL
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OFFICE OF PERSONNEL MEMORANDUM NO. 20-12-14
SUBJECT . Appointments
REFERENCES: (a) 14 September 1967
(b) dateddated 18 August 1969
2 DEC 1-70
14 December 1970,1F
1. Career-Provisional Appointments. In accordance with reference
(a) staff personnel who are employed with the intention that they will
attain Career Employee status upon completion of 3 years' service will
normally be appointed as Career-Provisional Employees.
a. Since Agency policy requires employees to
retire at age 60, those individuals being employed for staff
officer positions who will not have completed 20 years of
Federal service (including military service) creditable toward
retirement by age 60 will normally be given limited appointments
as Reserve Employees.
b.. Individuals employed-to fill staff clerical positions
will normally be appointed. as Career-Provisional Employees
unless they will not have completed 5 or more years of service
creditable toward retirement by age 62. When this is the case,
such individuals will be appointed as Reserve or Temporary
Employees as appropriate depending upon their age and the
anticipated duration of the need for their services.
2. Reserve and Temporary Appointments. Staff personnel who are
employed for limited periods of service will be appointed as Reserve
Employees when it is expected that the need for their services will
exceed one year but not five years. Staff personnel will be appointed
as Temporary Employees when it is expected that the need for their
services will not exceed.one year. Reserve and Temporary appointments
will terminate at the end of the prescribed appointment period or
sooner whenit is determined that an individual's services are no
longer needed. The appointments.of.Reserve and Temporary Employees
may be extended beyond the prescribed. appointment period when it has
been determined that an individual's services will be required for a
longer period.
S-E-C-R-E-T
Group 1
Excluded from Automatic
Downgrading and
Declassification
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S -R-C -R-E-T
3..Appointment of Retired Military Officers and Civilian
Employees. In accordance with reference (b when it becomes necessary
to employ retired careerists from any b:.-,inch of the Government including
military officers, they will be appointed as Reserve or Temporary
Employees depending on the anticipated duration of the need for their
services. Extensions of the appointments of such retirees or the
conversion of their appointments to Career Employee status will also
be accomplished in accordance with reference (b).
4. Appointment Authority. The Chief, Staff Personnel Division
is delegated the authority to approve the appointment of Reserve
and Temporary Employees other than retirees from Government service.
He is also delegated the authority to approve the extensions of such
appointments and the conversion of such appointees to Career Employee
status when appropriate. In all cases of the conversion from Reserve
Employee or Temporary Employee to Career Employee status employees
considered will be required to sign a Statement of Retirement Under-
standing pertinent to their particular circumstances.
OPM 16-70
S -E -C -R -E -T
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9NCE.,SS1 LJ~ ASwidY,1 ILJJrY YVLUwYrrY ~.L. JwLL?
IOU YY Y1M 1'~?Y~?~ Y Ir O .~.- W ,
SUBJECT, (optional)
,FROMs m5 $ION NO.
DAI E
OLC 6136 2 February 1971 c
TO, (Officer designation, room number, and
building)
DATE
OFFICER'S
COMMENTS (Number each comment to show from whom
INITIALS
to whom. Draw a line across column aftor each commont.)
RECEIVED
FORWARDED
DDS Attn:
May we please have a co-
ordinated Agency position on the {
2.
attached proposed legislation.
Director of Personnel
Since our views to OMB are to be
r 3.
submitted'by 19 February, we
would like to have your recom-
if
10 February
mendations b
,
y
4'
that is convenient.
You will note that the pro-
posed legislation extends to Ex-
ecutive agencies and thus goes
h ex
hi
t l
h
d
-
c
e curren
aw w
beyon
t
6.
tends solely to the competitive
service. This would appear to be
7.
a legal narrowing of the Director's
existing appointment authority.
d ?
Your attention is invite
8.
to the third paragraph of the 28
January referral memorandum
9.
which our letter to OMB should
cover to be fully responsive.
In anticipation that you
10.
will be consulting the General
Counsel on this, we are sending
11.
a duplicate package to OGC.
12.
13.
14.
15. Approved F
or Rel,ea
e 2002/0
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OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON, D.C. 20503
C21-c- )/- oO 7
January 28, 1971
LEGISLATIVE REFERRAL MEMORANDUM
To:
Liaison Officer
HUD
GSA
AEC
CIA
TVA
VA
Federal Reserve
Panama Canal
Agriculture
Commerce
Legislative
Justice
Treasury
State
Labor
HEW
Defense
DOT
Interior
Subject: CSC draft bill,"Relating to age requirements
for appointments to positions in Executive agencies, and
in the competitive service.".
We would appreciate receiving the views of your agency
on the above subject before advising on its relationship
to the program of the .President, in accordance with Budget
Circular A-19..
Please include in your comments examples of the types of
positions, if any, for which you might seek an exemption
under the proposed authority. Please also indicate the
approach you would employ in determining whether an exemp-
tion would be appropriate.
Special circumstances require priority treatment and
your views are requested by noon Friday, February 19, 1971.
Questions should be referred to Hilda Schreiber (103-4650)
or to Victor Zafra (103-3736), the legislative analyst in
this office.
Naomi R. Sweeney, for
Enclosure
CSC draft bill
Assistant Director for
Legislative Reference
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UNITED STATES CIVIL SERVICE COMMISSION lot REPLY PLEASE REFER 10
WASHINGTON. O.C. 20415
January 27, 1971
Honorable George P. Shultz
Director
Office of Management and Budget
Enclosed is a legislative proposal (draft bill, section analysis, and
statement of purpose and justification) which would substitute for the
present outright ban on maximum age limits for entry into the competi-
tive service a provision authorizing the. Civil Service Commission to
establish maximum age limits for entry into civil service positions in
Executive agencies when age is found to be a ona e occupational
qualification reasonably necessary to the performance of duties. The
proposed provision not only would introduce needed flexibility into
this area but would take the desirable step of extending the Govern-
ment's clear policy against age discrimination to positions in the
excepted service. The authority proposed for the Commission would be
similar to that now held by the Su cretary of Labor for private industry
under the-Age Discrimination in Employment Act of 1967 (81 Stat. 6,02).
This bill is part of the Commissi.on's legislative program for the 92nd
Congress. It was originally scheduled for submission in March 1971,
but at the request of your office, it is being submitted at this time.
Also at the request of your office, letters of transmittal to the House
and the Senate are not included in the package.
Under current law (5 U.S.C. 3307), no official in the Federal Govern-
ment can establish a maximum age requirement for entry into positions
in the competitive.civil service. In 11169 Congress enacted legisla-
tion (Public Law 91-73) authorizing the Secretary of the Interior to
establish minimum and. maximt;n, age limits for original' appointments to
the United States Park Poli.--e without regard to 5 U.S.C. 3307. The
Commission offered no objection torthe legislation.
In 1970, the Commission was requested by your office'to comment on a
proposed bill to authorize'the Attorney General to establish age limi-
tations for original appointments in the Department of Justice to
positions of'Border Patrol Agent, Criminal Investigator, Correctional
Officer, and Deputy United States Marshal. The Justice Department
stated that the justifications for'passage of Public Law 91-73 applied
with equal force to the four positions mentioned in its bill. The
Commission supported the Department's bill.
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THE MERIT SYSTEM-A GOOD INVESTMENT IN GOOD GOVERNMENT
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The Commission was also asked in 1970 for its comments on the legislative
proposal of the Department of Transportation to provide, among other
things, for maximum entrance and retention ages and early retirement for
air traffic controllers. We concurred in all three of these provisions,
recognizing the importance of assuring a young and effective work force
to cope with the pressures of air traffic controller duties.
Late last year our staff was asked by your office to comment on a pro-
posal by the General Services Administration to permit the Administrator
to set maximum age limits for certain guard positions in buildings under
the jurisdiction of GSA and the Post Office Department. The staff express-
ed the view that the proposal was objectionable and emphasized again our
preference for broader legislation giving the Commission authority to
set maximum age limits when. appropriate.
It has been indicated that other Federal agencies will seek similar
authority for positions under their jurisdictions for which it would
be desirable to establish a maximum entry age. In the Commission's
view, it is far more desirable for age limits to be set administratively
when found appropriate than it is for these limits to be set by statute
on an occupation-by-occupation and an agency-by-agency basis. Thus, we
propose that the Commission be given, as part of its responsibilities
for regulating employment in the civil service, the authority to estab-
lish an age limitation for appointment to a position for which it finds
age to be a bona fide occupational qualification reasonably necessary
to the performance of the duties.
As indicated above, the authority being sought for the Commission would
parallel that granted to the Secretary of Labor under the Age Disccrimina-
tion in Employment Act of 1967 to make appropriate exceptions from-that
Act's broad prohibition against age discrimination in private-sector
employment. There is as much need for this kind of relief in the Federal
service`as there is in private industry.
We shall appreciate your informing us whether the proposal is in accord
with the President's program and whether there is any objection to its
being submitted to the Congress.
By direction of the Commission:
...Sincerely yours,
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