INSTRUCTIONS AND PROCEDURES FOR CONVERSIONS AND REINSTATEMENTS UNDER PUBLIC LAW 85-847

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP80-01826R001000180003-3
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 4
• Document Creation Date: November 11, 2016
• Document Release Date: September 11, 1998
• Sequence Number: 3
• Publication Date: November 25, 1958
• Content Type: MISC

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DEPARTMENTAL CIRCULAR 818, Supplement No. 1+
TO HEADS OF DEPARTMENTS AND INDEPENDENT ESTABLISHMENTS
SUBJECT: Instructions and Procedures for Conversions and Reinstatements
under Public Law 85-81i.7
SUMMARY OF LAW
Public Law 380 - 84th Congress provided that certain indefinite and tem-
porary employees could obtain career or career-conditional appointments if they
could qualify on the basis of a noncompetitive examination. This law applied
to persons who had three or more years of continuous or intermittent satisfac-
tory service in the competitive civil service, and who were serving in a posi-
tion in the competitive service on January 23, 1955. Persons who served con-
tinuously through November 10, 1955, could have their indefinite or temporary
appointment converted to career or career-conditional appointment. persons
who were involuntarily separated from their competitive positions between Jan-
uary 23 and November 10, 1955, could receive eligibility for reinstatement as
career or career-conditional employees until November 11, 1957. In either case,
Public Law 380 required applications for its benefits to be filed prior to
November 11, 1956.
Public Law 85-847 extends until November 26, 1959, the period for filing
applications in cases where: (1) the employee's position was removed from the
competitive service and placed under Schedule A or B of C.S. Rule VI between
January 23, 1955 and November 10, 1955, and he was serving in such position on
November 10, 1955; or (2) an employee's failure to apply for conversion bene-
fits under PL 380 was because of erroneous advice or determination by the em-
ploying agency. In addition, the law extendt indefinitely the period for re-
instatement of eligible persons whose positions had been placed in the excepted
service during the above period. This new law is effective November 26, 1958.
INSTRUCTIONS AND PROCEDURES
The instructions and procedures published in Departmental Circular 818
and previous supplements thereto will be followed in processing applications
under Public Law 85-847, with the following modifications.
I. Notification of Employees and Former Employees
It is necessary that there be some special notice of the new law, in order
that employees and former employees may file the necessary applications. Agen-
cies are requested to prepare such a notice and post it on bulletin boards, or
publish it in a local bulletin, available to all employees. Such notices may
be supplemented by special communications to individual employees and former
employees eligible for benefits under the new law, although this is not required.
As a minimum, these notices should identify the benefits and the eligibility
requirements as summarized in this circular, and advise where further informa-
tion and applications can be obtained.
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II. Basic Eligibility for Reinstatement Benefits.
An employee (or former employee) has; eligibility for reinstatement bene-
fits if he meets all of the following conditions:
A. On November 10, 1955, he was serving in the excepted service in a
position listed under Schedule A or B of Civil Service Rule VI which
was removed from the competitive service subsequent to January 23, 1955;
B. He served in a position or positions in the competitive service with-
out break in service from January 23, 1955, to the date his position
was listed in Schedule A or B;
C. (1) During the period beginning June 3, 1950, and ending January
23, 1955, he passed a qualifying examination for a position in which
he served during such period, or (2) prior to November 26, 1959 he
meets such noncompetitive examination standards as the United States
Civil Service Commission shall prescribe for the position held when it
was listed in Schedule A or B;
D. He has completed, prior to November 10, 1956, e. total of continuous
or intermittent satisfactory service aggregating not less than three
years on the rolls in a position in or under the Federal Government
or the municipal government of the District of Columbia. (Instructions
under Paragraph III of D.C. 818 will be followed in computing the three
years of service, except that credit is not restricted to service in
competitive positions); and
E. He files application with the Civil Service Commission between November
25, 1958 and November 26, 1959.
III. Application for Reinstatement Benefits
A. Application should be made on CSC Form 617. Copies of this form may
be obtained from examining offices of the Commission.
B. The applicant must answer each question in Part A. Where an applicant
is currently employed by a Federal agency, the application should be
initially submitted to the personnel office of the agency, which will
verify the statements made by the applicant from information in the
Official Personnel Folder. If the applicant is not currently employed,
the Commission will request the verification of essential information
from the last employing agency or from the Federal Records Center.
C. All applications will be forwarded to the appropriate servicing office
of the Commission in triplicate, accompanied by Standard Form 57. Rec-
ommendation or eligibility determination by the employing agency (if
any), is not required. Basic eligibility will not be influenced by
breaks in service after November 10, 1955.
D. Where the applicant has not otherwise established qualification eligi-
bility, it will be determined through noncompetitive examination by
the appropriate office of the Commission. If the applicant fails to
qualify, one additional examination may be requested, not later than
30 days after the notice of ineligibility.
E. The Commission office acting on the application will retain one copy
for its files, return one copy to the applicant, and forward one copy
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to the current employing agency or to the Federal Records Center to
be filed as a permanent document in the applicant's Official Person-
nel Folder.
IV. Basic Eligibility for Conversion Benefits
Each indefinite or temporary employee of the Federal Government-or of the
District of Columbia who is serving in a competitive position and who did not
receive the conversion benefits of Public Law 380 -84th Congress, because of
administrative error by his employing department or agency, may file applica-
tion for the benefits of such Act between November 25, 1958 and November 26,
1959. Employees may file applications regardless of employment status or
breaks in service between November 10, 1955 and the date of application.
Former employees, who an agency determines are otherwise eligible and
would be recommended for conversion benefits if they were currently on the
rolls, may be given temporary appointments for not to exceed six months in
order to process the conversion action. This special appointing authority
may be used without regard to the existence of registers and without securing
separate authority from servicing offices of the Commission. This Circular
will be shown as authority for such appointments.
V. Application for Conversion Benefits
A. Application should be executed in duplicate on CSC Form 618. Copies
of this form may be obtained from examining offices of the Commission.
B. All applications will be submitted to the employing agency, which
will apply the standards and eligibility requirements established in
Departmental Circular 818 as of November 10, 1956 (or as of the date
of any separation which occurred between November 10, 1955 and Novem-
ber 10, 1956). In any otherwise eligible case, the agency will also
have to find that the employee failed to secure conversion benefits
under Departmental Circular 818 because of erroneous advice or deter-
mination by his employing agency. The circumstances of such advice
or determination will be recorded and treated as a part of the ap-
plication.
C. Where the employee has not otherwise established qualification
eligibility, noncompetitive examination will be requested from the
appropriate office of the Commission within 30 days of the employee's
application. If the applicant fails to qualify, one additional ex-
amination may be requested, not later than 30 days after the notice
of ineligibility.
D. Upon finding an applicant eligible for conversion (including notice
of eligible rating by the Commission in a noncompetitive examination,
where appropriate), the conversion to career or career-conditional
appointment will be processed by execution of Standard Form 50. This
Departmental Circular will be cited as authority for the action. The
effective date will be the date of the agency recommendation, and may
not be earlier than November 26, 1958, nor later than November 25,
1959.
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VI. Reinstatements
Employees or former employees who secure reinstatement eligibility in
accordance with Section II of this circular must make separate applications
to Federal appointing officers for reinstatement in competitive positions.
There is no time limit on this reinstatement eligibility (as contrasted to
eligibility obtained under the basic Departmental Circular 818, which ex-
pired on November 10, 1957). An appointing officer may reinstate at any
time a person who established eligibility under this circular.
VII. Requisitioning Application Forms
It is expected that employees eligible under this program will be very
few. Therefore, requisition of CSC Forms 617 and 618 from Commission offices
should be kept to a minimum.
IN__ UIRIE S
Inquiries concerning this circular from agencies in the metropolitan
area of Washington, D. C., should be made to the Bureau of Departmental Op-
erations, Examining Division (Code 129, Extension 5525). Inquiries in the
field should be referred to the appropriate regional office.
By direction of the Commission.
Executive Director
Warren B. Irons
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