PUBLIC LAW 854 - 84TH CONGRESS CHAPTER 804 - 2D SESSION H. R. 7619 AN ACT

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• Document Release Date: August 1, 2006
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• Content Type: REGULATION

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Public Law 854 - 84th Congress
Chapter 804 - 2d Session
H. R. 7619
All 70 Stat. 736.
To aujust the rates of compensation of the heads of the executive departments
and of certain other officials of the Federal Government, and for other pur-
poses.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assemb led,
TITLE I - BASIC COMPENSATION FOR HEADS OF Federal Exeou-
EXECUTIVE DEPARTMENTS AND OTHER FEDERAL ofve Pay Aat
of 1956,
OFFICIALS
SEC. 101. This title may be cited as "Federal Executive Pay Act of
1956".
SEC. 102. The annual rate of basic compensation of each of the Annual rates
offices or positions listed in this section shall be $25,000. of basin aom-
(1) Secretary of State. penastion.
(2) Secretary of the Treasury.
3 Secretary of Defense.
(4) Attorney General.
5) Postmaster General.
6) Secretary of the Interior.
(7) Secretary of Agriculture.
(8) Secretary of Commerce.
(9) Secretary of Labor.
(10) Secretary of Health, Education, and Welfare.
SEC. 103. (a) The annual rate of basic compensation of each of the
offices or positions listed in this subsection shall be $22,500.
1 Director of the Bureau of the Budget.
2 Comptroller General of the United States.
3 Director, Office of Defense Mobilization.
4 Under Secretary of State.
5 Deputy Secretary of Defense.
(b) The annual rate of basic compensation of each of the offices or
positions listed in this subsection shall be $22,000.
(1) Secretary of the Army.
(2) Secretary of the Navy.
(3) Secretary of the Air Force.
SEc. 104. (a) The annual rate of basic compensation of each of the
offices or positions listed in this section shall be $21,000.
1) Commissioner of Internal Revenue.
2 Director of Central Intelligence.
(3 Director of the Federal Bureau of Investigation.
(4) Administrator of the Federal Civil Defense Administration.
(5) Administrator of General Services.
(6) Administrator of the Housing and Home Finance Agency.
(7) Administrator of Veterans' Affairs.
(8 Director of the International Cooperation Administration.
(9 Director of the United States Information Agency.
(10) Governor of the Farm Credit Administration.
(11) President of the Export-Import Bank of Washington.
(12) Under Secretary of the Treasury.
(13) Under Secretary of the Treasury for Monetary Affairs.
14) Deputy Postmaster General.
(15) U
d
S
n
er
ecretary of the Interior.
(16) Under Secretary of Agriculture.
MORKIDIF
17) Under Secretary of Commerce.
~18) Under Secretary of Commerce for Transportation.
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Direotor of
7131 .
(19) Under Secretary of Labor.
(20) Under Secretary of health, Education, and Welftrre.
(b) Notwithstanding the provisions of subsection (a), the annual
rate of basic compensation of the Director of the, Federal Bureau of
Investigation shall be $22,000 so long as such office is 1-held by the
present incumbent.
Ssc. 105. The annual rate of basic compensation of each of the
offices or positions listed in this section shall be $20,500.
(1) Chairman, Civil Aeronautics Board.
(2) Chairman of the United States Civil Service Commission.
(3) Chairman of the Council of Economic Advisers.
(4) Chairman, Federal Communications Commission.
(5) Chairman, Board of Directors, Federal Deposit Insurance
Corporation.
(6) Chairman of the Federal Maritime Board.
(7) Chairman, Federal Power Commission.
(8) Chairman, Board of Governors of the Federal Reserve System.
(9) Chairman, Federal Trade Commission.
(10) Chairman, Foreign Claims Settlement Commission of the
United States.
(11) Chairman of the Federal Home Loan Bank Board.
(12) Chairman, Interstate Commerce Commission.
(13) Chairman, National Labor Relations Board.
(14) Chairman, National Mediation Board.
(15) Chairman, Railroad Retirement Board.
( Is) Chairman of the Renegotiation Board.
(17) Chairman, Securities and ExcliaDge Commission.
(18) Chairman, Subversive Activities Control Board.
(19) Chairman, Board of Directors of the Tennessee Valley An-
Iliority.
(20) Chairman, United States Tariff Commission.
(21) Comptroller of the Currency.
(22) Assistant Comptroller General of the United Stages.
(2:I) Deputy Administrator of the Federal Civil Defense Adminis-
tration.
(24) Deputy Administrator of Veterans' Affairs.
(25) Deputy Director of the Bureau of the Budget.
(26) Deputy Director of Central Intelligence.
(27) Deputy Director of tie Office of Defense Mobilization.
(5$) Deputy Director of the United States Information Agency.
(29) Deputy Under Secretary of the Department of State (3).
(30) Director of the Federal Mediation and Conciliation Service.
(31) First Vice President of the Export-Import Bank of Washing-
ton.
Sec. 106. (a) The annual rite of basic compensation of each of the
offices or positim.s listed in this subsection shall be $20,000.
(1) Administrator, Bureau of Security and Consular Affairs, De-
partment of State.
(2) Administrator of Civi'. Aeronautics.
(3) Administrator, Commodity Stabilization Service.
(4) Administrator of the Rural Electrification Administration.
(5) Administrator of the Small Business Administration.
(6) Administrator of the Saint Lawrence Seaway Development
Corporation.
(7) Administrator, Wage and Hour and Public Contracts Divi-
-ions, Department of Labor.
(til Archivist of the L nitei States.
(9) Assistant (Directors of the Bureau of the Budget (2).
(tat) Assistant Postmasters General (5).
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(11) Assistant Secretaries of Agriculture (3).
(12) Assistant Secretaries of Commerce (3).
(13) Assistant Secretaries of Defense (9).
(14) Assistant Secretaries of Health, Education, and Welfare (2).
(15)) Assistant Secretaries of the Interior (3).
16) Assistant Secretaries of Labor (3).
17 Assistant Secretaries of State (10).
18) Assistant Secretaries of the Treasury (3).
((19) Assistant Secretaries of the Air Force (4).
(20 Assistant Secretaries of the Army (4).
(21) Assistant Secretaries.of the Navy (4).
92) Associate Director of the Federal Bureau of Investigation.
(23) Chairman of the Military Liaison Committee to the Atomic
Energy Commission, Department of Defense.
(24) Commissioner, Community Facilities, Housing and Home
Finance Agency.
(25) Commissioner, Federal Housing Administration.
(26) Commissioner, Public Housing Administration.
27 Commissioner, Urban Renewal Administration.
(28) Counselor of the Department of State.
(29) Deputy Administrator of the Housing and Home Finance
Agency.
(30) Deputy Administrator of General Services.
(31) Director of the Administrative Office of the United States
Courts.
)) Director of the Bureau of Prisons.
M) Director of the National Advisory Committee for Aeronautics.
(34 Director of the National Science Foundation.
(35) Director of Selective Service.
(36) Fiscal Assistant Secretary of the Treasury.
(37) General Counsel of the National Labor Relations Board.
(38 Librarian of Congress.
(39 President of the Federal National Mortgage Association.
(40) Public Printer.
(41) Special Assistant to the Secretary (Health and Medical Af-
fairs), Department of Health, Education, and Welfare.
(42) Under Secretary of the Army.
(43) Under Secretary of the Navy.
(44) Under Secretary of the Air Force.
(45) Members of boards and commissions (excluding chairmen)
Civil Aeronautics Board (4).
United States Civil Service Commission (2).
Council of Economic Advisers (2).
Board of Directors of the Export-Import Bank of Washington
(3).
Federal Communications Commission (6).
Federal Deposit Insurance Corporation (1).
Board of Governors of the Federal Reserve System (6).
Federal Maritime Board (2).
Foreign Claims Settlement Commission of the United States
(2).
Federal Power Commission (4).
Federal Trade Commission (4).
Federal Home Loan Bank Board (2).
Interstate Commerce Commission (10).
National Labor Relations Board (4).
National Mediation Board (2).
Railroad Retirement Board (2).
Renegotiation Board (4).
Securities and Exchange Commission (4).
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Subversive Activities Control Board (4).
Board of Directors of the Tennessee Valley Authority (2).
United States TaritT Commission (5).
(b) The annual rate of basic compensation of each of the offices or
positions listed in this subsection shall be $19,000.
(1) Architect of the Capitol.
(2) Assistant to the Director of the Federal Bureau of Investiga-
tion.
(:3) Con.inissioner of the United States Court of Claims (12).
(4) Governor of Alaska.
(5) Governor of the Canal Zone.
(6) Governor of Guam.
(7) Governor of Hawaii.
(8) Governor of the Virgin Islands.
(9) Legal adviser, solicitor, or general counsel of an executive or
military department (excluding the Department of Justice).
(c) 'the annual rate of basic compensation of each of the offices or
positions listed in this subsection shall be $18,000.
( 1) Commissioner of the Indian Claims Commission (3).
Si'-C. 107. (a) The annual rate of basic cons nsation of each of the
ofces or ppositions listed in this subsection shallbe $17,500.
(1) Administrator, Agricultural Research Service, Department of
Agriculture.
(2) Administrator, Bonneville Power Administration.
(3) Administrator, Farmers' Home Administration.
(4) Administrator, Soil Conservation Service, Departnwnt of Agri-
( 5) Assistant Architect of the Capitol.
(6) Assistant Director of the Administrative Office of the United
States Courts.
(7) Asusciatr Director of tlhe Federal Mediation and Conciliation
Service.
(8) Chief Assistant Librarian of Congress.
(9) Chief Forester of the Forest Service, Department of Agricul-
ture.
(11-) ('hief of StafT of the Joint Committee on Internal Revenue
Taxation.
(1 t) Commissioner of Customs.
(1.2) (bmniissioner, Federal Supply Service, General Services
Adnim istration.
( 1:3) ('onuuissioner of Immigration and Naturalization.
(14) Commissioner of Narcotics.
(1) ) Coinniissioner. Public Buildings Service.
(w) ('ommissioner of Public Roads.
(17) Commissioner of Reclamation.
(lm) ('oniniissioner of Social Security.
(19) 1) putp Administrator of the Saint Lawrence Seaway Devel-
opiuent Corporation.
(20) Deputy Commissioner of the Internal Revenue Service.
(+21) Deputy Public Printer.
(22) Manager, Federal Crop Insurance Corporation, Department of
_Agriculture.
(b) The annual rate of basic compensation of each of the offices or
positions listed in this subsection shall be $17,1KK).
(1) Deputy Administrator, Small Business Administration (3).
(?) Treasurer of the United States.
half e&n, in- SF(,,. 108. Except as otherwise specifically provided in this title, the
dependent ,?hairnian or other head of each independent board or commission in
board or the executive branch shall receive, during the period of his service as
ow nlasion.
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chairman or other head of such board or commission, annual basic
compensation at a rate which is $500 more than the annual rate of
basic compensation prescribed by this title for the other members of
such board or commission.
SEC. 109. Section 105 of title 3 of the United States Code is amended 62 Stat. 678.
to read as follows :
105. Compensation of secretaries and executive, administrative, and
staff assistants to President.
"The President is authorized to fix the compensation of the six ad-
ministrative assistants authorized to be appointed under section 106
of this title, of the Executive Secretary of the National Security Coun-
cil, and of eight other secretaries or other immediate staff assistants in
the White House Office, as follows : Two at rates not exceeding $22,500
per annum, three at rates not exceeding $21,000 per annum, seven at
rates not exceeding $20,000 per annum, and three at rates not exceeding
$17,500 per annum."
SEC. 110. (a) The Surgeon General of the Public Health Service
shall receive such compensation, in addition to his pay and allowances
under the Career Compensation Act of 1949, as amended, as will 63 Stat. 602.
make his compensation equal to $20,000 per annum in addition to such 37 USC 231 note.
allowances.
(b) The Deputy Surgeon General of the Public Health Service
shall receive such compensation, in addition to his pay and allowances
under the Career Compensation Act of 1949, as amended, as will make
his compensation equal to $19,000 per annum in addition to such
allowances.
(c) The Director, National Institutes of Health, the Chief, Bureau
of Medical Services, and the Chief, Bureau of State Services, of the
Public Health Service, shall each receive such compensation, in addi-
tion to his pay and allowances under the Career Compensation Act
of 1949, as amended, as will make his compensation equal to $17,500
per annum in addition to such allowances.
SEC. 111. The annual compensation for each of the offices established
by section 1 (d) of Reorganization Plan Numbered 7 of 1953, effective
August 1, 1953 (67 Stat. 639) shall be established by the Secretary
of State at a rate not more than $19,000.
SEC. 112. Section 2 of Public Law 565, Seventy-ninth Congress,
approved July 30, 1946 (60 Stat. 712), is amended by striking out 22 USC 287n.
"$12,000" and inserting in lieu thereof "$15,000".
SEC. 113. Section 527 (b) of the Mutual Security Act of 1954,
approved August 26, 1954 (Public Law 665, Eighty-third Con ress
(68 Stat. 832)) is amended by striking out "$15,000 per annum' and 22 USC 1787.
inserting in lieu thereof "$19,000 per annum".
SEC. 114. (a) The compensation schedule for the General Schedule
contained in section 603 (b) of the Classification Act of 1949, as 63 Stat. 965.
amended, is amended by striking out: 5 USC 1113.
"GS-17 ----- 13, 975 14, 190 14, 405 14,620
GS-18 ----- 14, 800"
and inserting in lieu thereof :
"GS-17 ----- 13, 975 14,190 14,405 14,620 14,835
GS-18 ----- 16, 000".
(b) The rates of basic compensation of officers and employees to
whom this section applies shall be initially adjusted as follows:
(1) If the officer or employee is receiving basic compensation imme-
diately prior to the effective date of this section at a scheduled rate of
grade 17 or 18 of the General Schedule, he shall receive a rate of basic
compensation at the corresponding scheduled rate in effect on and after
such date;
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(2) If the officer or employee, immediately prior to the effective
date of this section, is in a position in grade 17 of the General Schedule
and is receiving basic compensation at a rate between two scheduled
rates of such grade, he shall receive a rate of basic compensation at
the higher of the two corresponding rates in effect on and after such
date;
(3) If the officer or em()loyee, immediately prior to the effective date
of this section, is in a position in grade 17 of the General Schedule and
is receiving basic compensation at a rate which is in excess of the
maximum scheduled rate of his_giade as provided in this section, he
shall continue to receive such higher rate of basic compensation until
(A) he leaves such position, or (B) he is entitled to receive basic com-
pensation at a higher rate by reason of the operation of the Classifica-
63 Stat. 954. tion Act of 1919, as amended ; but when such position becomes vacant,
5 USC 1071 the rate of basic compensation of any subsequent appo ntee thereto
note. shall be fixed in accordance with such Act, as amended.
SEC. 115. The Postal Field Service Schedule: in section 301 (a) of the
69 Stat. 118. Act of June 10, 1955 (Public Law 68, 84th Congress), is amended by
39 USC 971. striking out:
"18 -------- 12, 500 12, 800
13, 100
13. 400
13, 700
14, 000
14,
300
10-------- 13.600 13, 900
14, 200
14, 500
14, 800
20 -------- 14, 800"
and inserting in lieu thereof:
1,18 --------
12,800 13, 100
13.400
13, 700
14, 000
1-,,300
14,
000
19--------
14.000 14,300
14, 000
14, 000
15.200
20--------
16, 000".
SEC. 116. Section 3 of the Act of January 3, 1946, as i4.mended (38
59 Stat. 675. U. S. C. 15b), is hereby amended as follows:
(a) The last sentence of section 3 (b) is amended to read: "During
the period of his service as such, the Chief Medical Director shall be
paid a salary of $17,800 a year."
(b) The last sentence of section 3 (e) is amended to rend: "During
the period of his service as such, the Deputy Chief Medical Director
shall be paid a salary of $16,800 a year."
(e) That portion of section 3 (d) which precedes the proviso is
amended to read: "Each Assistant Chief Medical Director shall be
g a pointed by the Administrator upon the recommendition of the
( lief Medical Director and shall be paid a salary of $15,8)0."
SEC. 117. (a) The first section of the Act a proved August 1, 1947
5 USC 171p (61 Stat. 715; Public Law 313, Eightieth ( ongress), as amended,
and note. relating to salary limitations on research and development positions
requiring the services of specially qualified scientific or professional
personnel in certain departments and agencies, is amended by striking
out "$10,000" and "$15,000" and inserting in lieu thereof "S12,500" and
"$19,000", respectively.
(b) Section 208 (g) of the Public Health Service Act, as amended
64 Stat. 447. (42 1'. S. C. 210 (g)), relating to salary limitations on research and
development positions requiring the services of specially qualified
scientific or professional personnel in the Public Health Service is
amended by striking out "$10,000" and "$20,000" and inserting in lieu
thereof "$12,500" and "$19,0({)", respectively.
SEC. 118. The salary amendments contained in section '_17 shall not
affect the authority of the Civil Service Commission or the procedure
for fixing the pa of individual officers or employees under the statutes
therein amended: except that the existing rate of basic compensation
of any officer or employee to whom such section applies which is less
than a rate of $12,500 per annum shall be increased to such rate on the
effective date of this title.
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SEc. 119. Section 12 of the Act of May 29, 1884, as amended (21
U. S. C. 113a), relating to salary limitation on technical experts or 62 Stat. 198.
scientists for research and study of foot-and-mouth disease and other
animal diseases, is hereby amended by striking out "$15,000" and
inserting in lieu thereof "$19,000".
SEC. 120. This title shall take effect at the beginning of the first pay Effeotive date.
period commencing after June 30, 1956.
TITLE II-PROVISIONS RELATING TO ORGANIZATION
OF CIVIL SERVICE COMMISSION
SEc. 201. (a) The first section of the Act entitled "An Act to regu-
late and improve the civil service of the United states", approved
January 16, 1883, as amended (5 U. S. C., sec. 632), is amended by 22 Stat. 403.
inserting immediately after the first paragraph thereof a paragraph
as follows :
"The term of office of each such Commissioner shall be six years,
except that (1) the terms of office of the Commissioners holding office
on the effective date of this paragraph (including the term of office
of an individual appointed to fill any vacancy in the Commission
existing on such effective date) shall expire, as designated by the
President, one at the end of two years, one at the end of four years, and
one at the end of six years, after such effective date; (2) any Com-
missioner appointed to fill a vacancy occurring prior to the expiration
of the term of his predecessor shall be appointed for the remainder of
such term; and (3) upon the expiration of his term of office a Com-
missioner may continue to serve until his successor is appointed and
has qualified.'
(b) Such first section of such Act of January 16, 1883, is further
amended by adding at the end thereof the following paragraph :
"In addition to designating a Chairman of the Commission from
time to time, pursuant to section 1 of Reorganization Plan Numbered
5 of 19492 the President shall from time to time designate one of the 63 Stat. 1067.
Commissioners as Vice Chairman of the Commission. During the 5 USC 632 note.
absence or disability of the Commissioner designated as Chairman, or
in the event of a vacancy in the office of such Commissioner, the Com-
missioner designated as Vice Chairman shall perform those functions
of the Chairman which were transferred to the Chairman by the pro-
visions of section 2 (a) (2) to 2 (a) (6), inclusive, of such Reorganiza-
tion Plan. During the absence or disability of both the Commissioner
designated as Chairman and the Commissioner designated as Vice
Chairman, or in the event of vacancies in the offices of both such Com-
missioners, the remaining Commissioner shall perform such functions.
During the absence or disability of all three Commissioners, or in the
event of vacancies in the offices of all three Commissioners, the Execu-
tive Director shall perform such functions; but the Executive Director
shall at no time sit as a member or acting member of the Commission."
SEC. 202. (a) This section and section 201 (b) shall take effect on Effeotive dates.
the date of enactment of this Act.
(b) Section 201 (a) shall take effect on March 1, 1957.
TITLE III-MISCELLANEOUS PROVISIONS
SEc. 301. (a) The President shall hereafter appoint, by and with Appointment of
the advice and consent of the Senate, a General Counsel of the Post certain Gen-
Office Department, a General Counsel of the Department of Agricul- eral counsels.
ture, and a General Counsel of the Department of Health, Education,
and Welfare.
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(b) The existing office of Solicitor of the Post Office Department
and the existing offices of General Counsel of the Department of Agri-
culture and the f)eparinwnt of Health, Education, and Welfare, shall
be abolished effective upon the appointment and qualification of the
General Counsels of such respective departments provided for by
subsection (a) or April 1, 1957. whichever is earlier.
Sfc. 302. The positions of three Deputy Administrators of the
Agricultural Research Service, I)epartutet t of Agriculture, shall be
in grade GS-18 of the General Schedule established by the Classifica-
Ante, p. 740. lion Act of 1949, as amended. Such positions shall be in addition to
the number of positions authorized to be placed in such grade by
5 USC 1105, section 505 (b) of such Act,
Civil Servioe
Retirement Aot
Amendments of
1956.
46 Stat. 468.
5 USC 691
note.
TITLE IV-CIVIL SERVICE RETIREMENT
S#c. 401. The Civil Service Retirement Act.of M.ty 20, 1930, as
amended, is amended to read as follows:
'iIr1XITtoXS
"SFA-riuw 1. Wherever used in this Act--
"anployee". "(a) The term 'employee' shall mean a civilian officer or employee
in or under the Government and, except for purposes of section 2, shall
mean a person to whom this Act applies.
"Member". '(b) The term 'Member' shall mean the Vice President, a United
States Senator. Representative in Langres , Delegate from a Territory,
or the Resident ('ommissiorer from Puerto Rico, and, except for pur-
poses of section 2, shall mean a Member to whom this Act applies.
"Congression- "(c) The term 'congressional employee' means an employee of the
al employee". Senate or House of Representatives or of a committee of either House,
all employee of a joint committee of the two Houses, an elected officer
of the Senate or House of Representatives who is not a Member of
either House, the Legislative Counsel of the Senate and the Legisla-
tive Counsel of the House of Representatives and the employees in
their respective offices, an Official Reporter of Debates of the Senate
and a person employed by the Official Reporters of l,ebates of the
Senate in connection with the performance of their ofl.cial duties, a
member of the Capitol Police force, all employee of the Vice President
if such employee's compensation is disbursed by the Secretary of the
Senate, and an employee of a Member if such employeee's compensa-
tion is disbursed by the Secretary of the Senate or the Clerk of the
House of Representatives.
"easio salary: "(d) The term `basic salary' shall not include bonuses;, allowances,
overtime pay. military pay, or salary, pay, or compensation given in
addition to the base pay of the position as fixed by law or regulation :
Provided. That for employees paid on a fee basis, the maximum
amount of basic salary wltiA may be used shall be $10,000 per annum.
For a Member, the terra `basic salary' shall include, from April 1,
1954, to February 28, 19,",5, the amount receised as expense allowance
60 Stat. 850. under section 601 (b) of the Legislative Reorganization Act of 1946,
2 USC 31. its amended, and such amount from January 3, 1953, to March 31,
1954, provided deposit is made therefor as provided in section 4.
"Average "(e) The term average salary' shall mean the largest annual rate
salary". resulting from averaging, over any period of five consecutive years of
creditable service, or at a Member's option over all periods of Member
service subsequent to the date of enactment of the Legislative Reor-
2 use 72a ganization Act of 1946 used in the computation of an annuity under
note, this Act, a Member's or an employee's rates of basic salary in effect
during such period, with each rate weighted by the time it was in
effect.
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"(f) The term `fund' shall mean the civil service retirement and "Fund".
disability fund created by the Act of May 22,1920.
"(g) The terms `disabled' and `disability' shall mean totally disabled "Disability".
for useful and efficient service in the grade or class of position last
occupied by the employee or Member by reason of disease or injury
not due to vicious habits, intemperance, or willful misconduct on his
part within the five years next prior to becoming so disabled.
"(h) The term `widow', for purposes of section 10, shall mean the "Widow".
surviving wife of an employee or Member who was married to such
individual for at least two years immediately preceding his death or is
the mother of issue by such marriage.
"(i) The term `widower', for purposes of section 10, shall mean the "Widower".
surviving husband of an employee or Member who was married to
such employee or Member for at least two years immediately preced-
ing her death or is the father of issue by such marriage. The term
`dependent widower', for purposes of section 10, shall mean a 'wid-
ower' who is incapable of self-support by reason of mental or physi-
cal disability, and who received more than one-half his support from
such employee or Member.
"(j) The term `child', for purposes of section 10 shall mean an un- "Child".
married child, including (1) an adopted child, and (2) a stepchild or
recognized natural child who received more than one-half his support
from and lived with the Member or employee in a regular parent-
child relationship, under the age of eighteen years, or such unmarried
child regardless of age who because of physical or mental disability
incurred before age eighteen is incapable of self-support.
"(k) The term Government' shall mean the executive, judicial, and "Government".
legislative branches of the United States Government, including Gov-
ernment-owned or controlled corporations and Gallaudet College, and
the municipal government of the District of Columbia.
"(1) The term `lump-sum credit' shall mean the unrefunded "'"'"P-sum
amount consisting of (1) the retirement deductions made from the oredit'
basic salary of an employee or Member, (2) any sums deposited by
an employee or Member covering prior service, and (3) interest on
such deductions and deposits at 4 per centum per annum to December
31, 1947, and 3 per centum per annum thereafter compounded annually
to December 31, 1956 or, in the case of an employee separated or trans-
ferred to a position not within the purview of this Act before he has
completed five years of civilian service or a Member separated before
he has completed five years of Member service, to the date of the sep-
aration or transfer. The lump-sum credit shall not include interest
if the service covered thereby aggregates one year or less, nor shall it
include interest for the fractional part of a month in the total service.
"(m) The term `Commission' shall mean the United States Civil "Commission".
Service Commission.
"(n) The term `annuitant' shall mean any former employee or "Annuitant".
Member who, on the basis of his service, has met all requirements of
the Act for title to annuity and has filed claim therefor.
"(o) The term `survivor' shall mean a person who is entitled to "Survivor".
annuity under this Act based on the service of a deceased employee
or Member or of a deceased annuitant.
"(p) The term `survivor annuitant' shall mean a survivor who has
filed claim for annuity.
"(q) The term `service' shall mean employment which is creditable "Servioe".
under section 3.
"(r) The term `military service' shall mean Tionorable active service "Military
in the Army, Navy, Air Force, Marine Corps, or Coast Guard of the service".
United States, but shall not include service in the National Guard
except when ordered to active duty in the service of the United States.
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All 70 Stat. 745.
"Member
servioe".
" (s) The term 'ember service' shall mean service as a Member and
shall include the period from t1w date of the beginning of the term for
which the Member is elected or appointed to the date on which he takes
office as a Member.
e4 `oVEEAGE
`SEC. 2. (a) This Act shall apply to each employee and Member,
except as hereinafter provided.
Nonapplioabil- "(b) This Act shat not apply to the President, to any judge of the
ity? United States as defined under section 451 of title 28 of the United
62 Stat. 907. States Code, or to any employee of the Government subject to another
retirement systems for Government employees.
`(c) This Act shall not apply co any Member or to any congressional
employee until lie gives notice in writing to the officer by whom his
salary is aid of his desire to come within the purview of this Acr.
ie(a) This Act. shall not apply to any temporary congressional
employee unless such employee is all pointed at an annual rite of sal-
ary and gives notice in writing to tie officer by whom his salary is
1?aid of his desire to come within the purview of this Act.
"(e) The Commission may exclude from the operation cf this Act
any employee or group of en-1>loyecs in the executive branch of the
United States Government, or of the District of Columba govern-
merit upon recommendation by its Commissioners, whose tenure of
oflire or employment is temporary or intermittent.
"(f) This Act shall not apply to any temporary employee cf the
Adn-inistrative Office of the United States Courts, of the courts :;peci-
62 stat. 915. Pied in section 610 of title ?`t of tine United States Code, or to cons-truc-
tion employees or any other temporary, part-time, or intermittent
employees of the Tennessee Valley Authority; and the Architect of
the C'att)itol and the Librarian of Congress are authorized to exclude
from t}he operation of this Act any employees under the office of the
Architect of the Capitol and the Library of Congress, respectively,
whose tenure of employment is temporary or of uncertain duration.
"(g) Not withstanding any other provision of law or any, Executive
order, this Act shall apply to each United States Commissioner whose
total compensation for services rendered as United States; Co,nmis
sioner is not less than $3,01)0 in each of the hest three consecutive cal-
endar years (1) ending prior to the effective date of the Civil Service
Retirement Act Amendments of 1956 or (2) ending prior to the first
flay of any calendar year which begins after such effective date. For
ti-e purposes of this Act, the employment and compensation of each
such United States Commissioner coming within the purview cf this
Act pursuant to this subsectio-: shall be held and considered to be on
a daily basis when actually employed, but nothing in thi; Act shall
affect, otherwise than for the purposes of this Act, the basis, under
applicable law other than this Act, on which such United States Coni-
-nissioner is employed or on which his compensation is determined
and paid.
Par Amerioan
5ar.itar_y
Bureau.
Military
servioe.
"Sec. 3. (a) All employee's service for the purposes cf this Act
including service as it substitute in the postal service shall be credited
from the date of original emtloymnent to the date of the separation
upon which title to annuity is based in the civilian service of the Gov-
ernment. Credit shall similarly be allowed for service in the Pan
American Sanitary Bureau. No credit shall be allowed for any period
of separation from the service in excess of three calendar days.
"(b) Ali employee or Member shall be allowed credit for per oils of
military service prior to the date of the separation upon whirl title
to annuity is based; however, if an employee or Member is awarded
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All 70 Stat. 746.
retired pay on account of military service, his military service shall
not be included, unless such retired pay is awarded on account of a
service-connected disability (1) incurred in combat with an enemy of
the United States or (2) caused by an instrumentality of war and
incurred in line of duty during an enlistment or employment as pro-
vided in Veterans Regulation Numbered 1 (a), part 1, paragraph I, 38 UsC oh. 12A.
or is awarded under title III of Public Law 810, Eightieth Congress, 62 Stat. 1087.
except that for purposes of section 9 (c) (1), a Member (A) shall be 10 UsC 1036-
allowed credit only for periods of military service not exceeding five 1036i.
years, plus any military service performed by the Member upon
leaving his office, for the purpose of performing such service, during
any war or national emergency proclaimed by the President or de-
clared by the Congress and prior to his final separation from service
as Member and (B) may not receive credit for military service for
which credit is allowed for the purposes of retired pay under any other
provision of law. Nothing in this Act shall affect the right of an
employee or a Member to retired pay, pension, or compensation in
addition. to the annuity herein provided.
"(c) Credit shall be allowed for leaves of absence granted an em-
ployee while performing military service or while receiving benefits
under the Federal Employees' Compensation Act of September 7,
1916, as amended. Except for a substitute in the postal service, there 39 Stat. 742.
shall be excluded from credit so much of any other leaves of absence 5 USC 751
without pay as may exceed six months in the aggregate in any calendar et seg*
year.
"(d) An employee who during the period of any war, or of any
national emergency as proclaimed by the President or declared by the
Congress, has left or leaves his position to enter the military service
shall not be considered, for the purposes of this Act, as separated from
his civilian position by reason of such military service, unless he shall
apply for and receive a lump-sum benefit under this Act: Provided,
That such employee shall not be considered as retaining his civilian
position beyond December 31, 1956, or the expiration of five years of
such military service, whichever is later.
"(e) The total service of an employee or Member shall be the full Total service.
years and twelfth parts thereof, excluding from the aggregate the
fractional part of a month, if any.
"(f) An employee must have completed at least five years of civilian Eligibility.
service before he shall be eligible for annuity under this Act.
"(g) An employee or Member must have, within the two-year
period preceding any separation from service, other than a separation
by reason of death or disability, completed at least one year of
creditable civilian service during which he was subject to this Act
before he or his survivors shall be eligible for annuity under this Act
based on such separation. If any employee or Member, other than an
employee or Member separated from the service by reasan of death
or disability, fails to meet the service requirement of the preceding
sentence, the amounts deducted from his salary during his period of
service for which no eligibility for annuity is established based on
such separation shall be returned to him upon such separation. Fail-
ure to meet this service requirement shall not deprive the individual
or his survivors of any annuity rights which attached upon a previous
separation.
"(h) An employee who (1) has at least five years' Member service
and (2) has served as a Member at any time after August 2, 1946, shall
not be allowed credit for any service which is used in the computation
of an annuity under section 9 (c).
"(i) In the case of each United States Commissioner who comes U. S. Corr,,ission-
within the purview of this Act pursuant to section 2 (g) of this Act, 6`9-
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&11 70 Stat. 747,
service rendered prior to, on, or after the effective (late of the Civil
Service Retirement Act Anundments of 1951; as United States Com-
tnisioner shall be credited for the purposes of this Act on the basis
of one three-hundre(I-and-thirteenth of a year for each "ay on which
such United States Commissioner renders service in such capacity
and which is not credited for the purposes of this Ac' for service
performed by him in any capacity other than United States C'onunis-
stoner. Such credit shall not he granted fur service rendered as United
States Commissioner for more than three hundred and thirteen days
in any one year.
Mi litary sere- "(j) Notwithstanding any )ther provision of this section, any mili-
ice after Lary service (outer than military service covered by military leave
Dec, 1956, with pay from it civilian position) performed by all individual after
December 1956 shall he excluded in determining the aggregate period
of service upon which an annuity payable under this Act to such
individual or to his widow or child is to be based, if such individual
or widow or child is entitled (or would upon proper application be
entitled), at the time of such determination, to montlill old-age or
49 Stat, 623, survivors benefits under section 202 of the Social Security Act_ based
42 use 402. on such individual's wages and self-employment income. If in the
case of the individual or widow such military service is not excluded
under the preceding sentence, but upon attaining retirement age (as
42 USC 416, defined in section 216 (a) of the Social Security Act) he or she becomes
entitled (or would upon, proper application he entitled) tc such bene-
fits, the Commission shall redetermine the aggregate period of serv-
ice upon which such annuity is based, effective as of the :first day of
the month in which he or she attains such age, so as to exclude such
service. The Secretary of health, Education, and We=fare shall,
upon the request of the Commission, inform tltb Cotntuissi.3n whether
or not any such individual or widow or child is entitled at any speci-
fied time to such benefits.
Cons ent to
deductions.
"Ssc. 4. (a) From and after the first day of the first pay period
which begins on or after the effective date of the Civil Seri ice Retire-
ment Act Amendments of 1956, there shall be deducted and withheld
from each employee's basic salary an amount equal to 61/.z per ccntum
of such basic salary and from each Member's basic salary an
amount equal to 71.2 per centum of such basic salary. Front and after
the first day of the first pay period which begins after June 30, 1957,
an equal suns shall also be contributed from the respective -
appropria-tion or fund which is used for pavnierlt of his salary, pay or ,oml,ensa-
tion, or in the case of an elect.) official, from such approl,riation or
fund as may be available for payment of other salaries of the same
office or establishment. The amounts so deducted and withheld by
each department or agency, together with the amounts so contributell,
shall. in accordance with such prcWedures its nuty be pre::crilxd by
the Comptroller General of the United States. be deposited by the
department or agency in the 't'reasury of the United States to (lie
credit of the fund. There ;hall also le so credited all deposits made
by employees or 1Jernlwr-s under this section. Amounts contributed
under this subseci ion from appropriations of the Post Office Depart-
ment shall not he considered as costs of providing postal sere cc for the
purpose of establishing pnsral rates.
"(b) Each employee or Member shall be deemed to consent and
agree to such deductions front basic salary, and payment less such
deductions shall be a full and complete discharge .inch acqu_ttance of
all claims and demands whatsoever for all regular services during, the
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All 70 Stat. 748.
period covered by such payment, except the right to the benefits to
which he shall be entitled under this Act, notwithstanding any law,
rule or regulation affecting the individual's salary.
"ic) Each employee or Member credited with civilian service after Deposits for
July 31, 1920, for which, for any reason whatsoever, no retirement service after
deductions or deposits have been made, may deposit with interest an July 31, 1920.
amount equal to the following percentages of his basic salary received
for such service :
Percentage of
basic salary Service period
Employee--------- 21/2---------------- August 1, 1920, to June 30, 1926
31/2--------------- . July 1, 1926, to June 30, 1942
5-----------------. July 1, 1942, to June 30, 1948
6------------------ July 1, 1948, to October 31, 1956
61/2---------------- After October 31, 1956
Member for Mem- 21/2 ---------------- August 1, 1920, to June 30, 1926
ber service. 31/2 ---------------- July 1, 1926, to June 30, 1942
5--____-___..------. July 1, 1942, to August 1, 1946
6----------------- . August 2, 1046, to October 31, 1956
71/2---------------- After October 31, 1956
"(d Each employee or Member who has received a refund of retire-
ment deductions under this or any other retirement system established
for employees of the Government covering service for which he may
be allowed credit under this Act may deposit the amount received, with
interest. No credit shall be allowed for the service covered by the
refund until the deposit is made.
"(e) Interest under subsection (c) or (d) shall be computed from
the midpoint of each service period included in the computation, or
from the date refund was paid, to the date of deposit or commencing
date of annuity, whichever is earlier. The interest shall be computed
at the rate of 4 per centum per annum to December 31, 1947, and 3
per centum per annum thereafter compounded annually. Such deposit
mazy be made in one or more installments.
` (f) Under such regulations as may be prescribed by the Commis-
sion, amounts deducted under subsection (a) and deposited under
subsections (c) and (d) shall be entered on individual retirement
records.
"(g) No deposit shall be required for any service prior to August 1,
1920, for periods of military service or for any service for the Panama
Railroad Company prior to January 1, 1924.
v
"SEC. 5. (a) Except as hereinafter provided, an employee who shall
have attained the age of seventy years and completed fifteen years of
service shall be automatically separated from the service. Such
separation shall be effective on the last day of the month in which such
employee attains the age of seventy years or completes fifteen years of
service if then beyond such age, and all salary shall cease from that
day.
"(b) Each employing office shall notify each employee under its
direction of the date of such separation from the service at least sixty
days in advance thereof : Provided, That subsection (a) shall not take
effect without the consent of the employee until sixty days after he has
been so notified.
"(c) The President may, by Executive order, exempt from auto-
matic separation under this section any employee when, in his judg-
ment, the public interest so requires.
Exemption by
President.
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Pub. Law 854 -14-
All 70 Stat. 749.
Nonapplioa-
bil'_ty.
Alaska Rail-
.oad and
?:annl Zcne
~rn'ovees.
"(d) The automatic separation provisions of this section shall not
app y to any person named in any Act of Congress provid_ng for the
continuance of such person in the service, to any Member, to any con-
gressional employee, to the Architect of the Capitol or any employee
under the office of the Architect of the Capiitol, or to any employee in
the judicial branch who has been appointed to hold office fora definite
term of Years.
"(e) fn the case of an employee of The Alaska Railroad, Territory
of Alaska. or an employee who is a citizen of the United States
etuploved on the Istluuus of P,-uania by the Panama Calla. ('onipanv
or the ('anal Zone Government. the provisions of this section shall
apply upon his attaining the rge of sixty-tiro years and completing
fifteen years of service on the Isthnnts of Panama or in the Territory
of Alaska.
"Ssc. G. (a) Any employee 'rho attains the age of sixty years and
completes thirty years of service shall, upon separation from the serv-
ice, paid an annuity computed as provided in section G.
"( b) Any employee who attains the age of fifty-five years and com-
pletes thirty years of service shall, upon separation front the service
prior to attainment of the age of sixtti years.y paid a reduced annuity
computed as provided in section 9.
"(c) Any employee the duties of whose Position are primarily the
investigation. apprehension, or detention of persons suspected or con-
victed of offenses against the criminal laws of the United States, includ-
ing any employee engaged in such activity who has been transferred
to a supervisory or alministraaive position, who attains the age of
fifty years and completes twen'v years of service in the pirforinance
of Such duties, niav, if the heal of his department or agency recom-
mends Iris retirement and the :'ommission approves, voluntarily re-
tire front the service and be piid an annuity computed as pprovided
it, section t). The head of the department or agency and the Coln-
mission shall give full considerition to the degree of )tazarl to which
such employee is subjected in the performance of his duties, rather
than the general duties of the class of the position ]tell by such
employee. Tile word 'detention', as used in this subsection, shall be
construed to include the duties of--
-(1) all employees of the Bureau of Prisons and Federal Prison
Industries, Incorporated,
"(") all eniplovees of (I it- Public health Service assigned to the
field service of the Bureau of Prisons or to the field service of
Federal Prison Industries. Incorporated,
"(3) all civilian employees employed in the field services at
Aruty or Navy disciplinary barracks or at confinement and reha-
bilitation facilities operated by any of the United States armed
services, and
"(41 all eiiipdoyees of the 1)el,artiiicnt of Corrections of the Dis-
t riot of Columbia. its indust rics and utilities,
whose duties in connection with persons in detention suspected or con-
victed of offenses against the criminal laws of the United States or of
the District of Columbia or offenses against the punitive articles of
the Uniforur Cade of Military .1 ustice require frequent (as determined
by the appropriate aduriuistratire authority with the concurrence of
the ('oumiission) direct contact with such persons in the detention,
direction, supervision, inspection, training, employment, care, trans-
portation, or rehabilitation of -uch persons.
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"(d) Any employee who completes twenty-five years of service or
who attains the age of fifty years and completes twenty years of
service shall upon involuntary separation from the service not by
removal for cause on charges of misconduct or delinquency, be paid a
reduced annuity computed as provided in section 9.
"(e) Any employee who attains the age of sixty-two years and
completes five years of service, shall, upon separation from the service,
be paid an annuity computed as provided in section 9.
"(f) Any Member who attains the age of sixty-two years and
comp etes five years of Member service, or who attains the age of
sixty years and completes ten years of Member service, shall, upon
separation from the service, be paid an annuity computed as provided
in section 9. Any Member who attains the age of fifty-five years and
completes thirty years of service shall, upon separation from the
service prior to attainment of the age of sixty years, be paid a reduced
annuity computed as provided in section 9. Any Member who com-
pletes twenty-five years of service, or who attains the age of fifty years
and completes twenty years of service, shall, upon separation from the
service (other than separation by resignation or expulsion), be paid
a reduced annuity computed as provided in section 9. No Member or
survivor of a Member shall be entitled to receive an annuity under
this Act unless there shall have been deducted or deposited the amounts
specified in section 4 with respect to his last five years of Member
service.
"SEC. 7. (a) Any employee who completes five years of civilian
service and who is found by the Commission to have become disabled
shall, upon his own application or upon application by his department
or agency, be retired on an annuity computed as provided in section 9.
Any Member who completes five years of Member service and who
is found by the Commission to have become disabled shall, upon his
own application, be retired on an annuity computed as provided in
section 9.
"(b) No claim shall be allowed under this section unless the appli-
cation is filed with the Commission prior to separation of the employee
or Member from the service or within one year thereafter. This
time limitation may be waived by the Commission for an individual
who at the date of separation from service or within one year there-
after is mentally incompetent, if the application is filed with the
Commission within one year from the date of restoration of such
individual to competency or the appointment of a fiduciary, whichever
is the earlier.
"(c) Each annuitant retired under this section or under section 6
of the Act of May 29, 1930, as amended, unless his disability is per-
manent in character, shall at the expiration of one year from the date
of such retirement and annually thereafter, until reaching age sixty,
be examined under the direction of the Commission. If the annuitant
fails to submit to examination as required under this section, payment
of the annuity shall be suspended until continuance of the disability
is satisfactorily established.
"(d) If such annuitant, before reaching age sixty, recovers from
his disability or is restored to an earning capacity fairly comparable
to the current rate of compensation of the position occupied at the
time of retirement, payment of the annuity shall cease (1) upon
reemployment by the Government, (2) one year from the date of the
medical examination showing such recovery, or (3) one year from the
date of determination that lie is so restored, whichever is earliest.
Reoovery from
disability.
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Earning capacity shall be deemed restored if in each of two succeed-
ing calendar -cars the income of the annuitant from wages or self-
employment or both shall equal at least bt) per centunt of the current
rate of compensation of the position occupied iminedittely prior to
retirement.
Involuntary "(c) If such annuitant whose annuity is discontinued under subsec-
separation. tion (d) is not reemployed in any position included in the provisions
of this Act, Ire Aiall be considered, except for service credit, as having
been involuntarily separated from the service for the In rposcs of this
Act as ur the date of discontinuance of the disability annuity and
shall, after such discontinu, nce, be entitled to annuity in accordance
with the applicable provision of this Act.
"(f) No person shall be entitled to receive an annu ty under this
Act and compensation for injury or disability to hinnelf under the
39 Stat. 742. Federal Employees' Compensation Act of September 7, 1916, as
5 USC 751 :intended, covering the san ie period of time. This provision shall not
et seg, bar the right of any claimant to the greater benefit conferred by either
Act for any part of the same period of time. -Neither this provision
trot any- provision in such At of September 7, 191(:, as amended, shall
deny to any person an annuity accruing to such person raider this
.1c1 on account of service rendered by stmt, or deny any concurrent
benefit to such prison under such Act of September 7, 1916, as
amended, on account of the death of any other person.
-(,r) Notwithstanding any provision of law to the contrary, the
right of any person entitled to an annuity under this Act shall not
be affected Lecause such person has received an award of compensation
5 US~ 764. in a lump suns under section 14 of the Act of September 7. 1916, as
.:irtended. except that where such annuity is payable on account of the
saute disability for which compensation under such section has been
]raid, so much of such compensation as lilts been paid for airy period
extended beyond the date ruck annuity becomes effective, as deter-
initted b*? the Department of Labor, shall be refunded to the Depart-
ment of Laboa?, to be covered into the Federal Employees' Compen-
sation Fund. Before such person shall receive such annuity he shall
( I) refund to such Department the amount representing s:ich com-
muted payments for ,uch extended period, or (2) authorize the de-
cluc?tion of such .unount front the annuity payable to hint under this
-lcrt, which amount shall be transmitted to such Department for reim-
lumsenent to such fund. I)eductions froth such aunuitN may be made
froni accrued and accruing payments. or max' be prorat(d against and
paid from accruing payments in such manner as the I)epaitalent of
I,alLOr small determine, wlu?never it finds that the fint.neiai circum-
stances of the annuitant are such as to warrant such deferred
refunding.
tie{ S. (a) Airy employee who is separated from the service or
t r,tusferred to at position not within the purview of this Act after com-
ltlet ing five years of civilian service nuny be paid an annuity beginning
at the age of sixty-two years computed as provided in section 9.
?' (b) Anv Member ', Ito on or after Januur% I, 1950, has been or is
separated from the sei' ice as a Metuln'r after completing five years of
Member service may hereafter be paid an annuity beginning at the
:1 M. of sixty-two years, 0o11111ttted as provided in section 9. Any Mem-
ber who is separated from the service after completing ten or more
years of Member set- ice may be paid an annuity beginning at the
agcy of sixty years. computed as provided ii section 9.
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"COMPUTATION OF ANNUITY
"Snc. 9. (a) Except as otherwise provided in this section, the
annuity of an employee retiring under this Act shall be (1) the larger
of (A) 11/2 per centum of the average salary multiplied by so much of
the total service as does not exceed five years, or (B) 1 per centum of
the average salary, plus $25, multiplied by so much of the total service
as does not exceed. five years, plus (2) the larger of (A) 13/4 per centum
of the average salary multiplied by so much of the total service as
exceeds five years but does not exceed ten years, or (B) 1 per centum
of the average salary, plus $25, multiplied by so much of the total
service as exceeds five years but does not exceed ten years, plus (3) the
larger of (A) 2 per centum of the average salary multiplied by so
much of the total service as exceeds ten years, or (B) 1 per centum of
the average salary, plus $25, multiplied by so much of the total service
as exceeds ten years : Provided, That the annuity shall not exceed 80
per centum of the average salary : Provided further, That the annuity
of an employee retiring under section 7 shall be at least (1) 40 per
centum of the average salary or (2) the sum obtained under this sub-
section after increasing his total service by the period elapsing be-
tween the date of separation and the date he attains the age of sixty
years, whichever is the lesser, but this proviso shall not increase the
annuity of any survivor.
"(b) The annuity of a congressional employee retiring under this
Act shall, if he so elects at the time his annuity commences, be (1)
21/2 per centum of the average salary multiplied by his military service
and service as a congressional employee, not exceeding a total of fifteen
years, plus (2) 11/2 per centum of the average salary multiplied by so
much of the remainder of his total service as does not exceed five years,
plus (3) 13/4 per centum of the average salary multiplied by so much
of the remainder of his total service as exceeds five years but does not
exceed ten years, plus (4) 2 per centum of the average salary multi-
plied by so much of the remainder of his total service as exceeds ten
years : Provided, That the annuity shall not exceed 80 per centum
of the average salary. This subsection shall not apply unless the
congressional employee (1) has had at least five years' service as a
congressional employee, (2) has had deductions withheld from his
salary or made deposit covering his last five years of civilian service,
and (3) has served as a congressional employee during the last eleven
months of his civilian service : Provided further, Tiat the annuity
of a congressional employee retiring under section 7 shall be at least
(1) 40 per centum of the average salary or (2) the sum obtained
under this subsection after increasing his service as a congressional
employee by the period elapsing between the date of separation and
the date he attains the age of sixty years, whichever is the lesser, but
this provision shall not increase the annuity of any survivor.
"(c) The annuity of a Member retiring under this Act shall be an
amount equal to-
"(1) 21/2 per centum of the average salary multiplied by the
total of his Member and creditable military service;
"(2) 21/2 per centum of the average salary multiplied by his
total years of service, not exceeding fifteen, performed as a con-
gressional employee prior to his separation from service as a
Member, other than any such service which hp may elect to
exclude;
"(3) 11/2 per centum of such average salary multiplied by so
much of his total service, other than service used in computing
annuity under clauses (1) and (2), as does not exceed five years,
performed prior to his separation from service as a Member, and
other than any such service which lie may elect to exclude;
Pub. Law 854
All 70 Stat. 752.
Congressional
employee.
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"(4) 131 per reitun of such average salary multiplied by so
untch (if his total service. Other than service used in ,omptating
annuity under clauses (1) and (2), as exceeds live year: but does
not exceed ten years, performed prior to his separation front
service as a Meet{ er, and other than any uch service which he may
elect to exclude; and
"(5)
'_' per centum Of such average sal ty} multipl ed by sO much
of his total service, other than service u;eci in computing; annuity
under clauses (I) and (2), as exceeds ten years, performed prior
to his separation from service as it Member, and other than any
such service which lie enact elect to exclude.
Limitations. In no case shall an annuity computed under this subsection exceed 80
per centunt of the basic salary that he is receiving at Clot time of such
separation from the service, and in no case shall the annuity of a
Member retiring under section 7 be less than (A) 40 per cenleum of the
average salary or (B) the sunt obtained under this subsection after
increasing his Member service by the period elapsing between the date
of separation and the date he attains the age of sixty yeatrs. whichever
is the lesser, but this provision shall not me rease the a-nnuity of any
survivor.
-(d) The annuity as ]tereinbefore provided, for all employee retir-
ing under section G (b) or 6 d) or a Member retiring under t]ie second
Or third sentence of section 6 (f), sluell be reduced by once-twelfth
of I per centum for each full month not in excess of sixty, and one-
sixth of I per centum for each full month in excess of sixty, such
employee or Member is under the age of sixty years at date of
separation.
-(e) The annuity of an employee retiring under section 6 (c) shall
lie `12 per cent urn of the average salary multiplied by the total service :
Prow r/ed, That the annuity shall not exceed ;30 per centum of the aver-
age salary.
Reduced "(f) The annuity as ]tereinbefore provided shall be -educed by 10
annuities. per centum of any deposit described in section 4 (c) reinsining unpaid,
Ante, p.748. unless the employee or Member shall elect to eliminate the service
involved for purposes of annuity Computation.
"(g) Any employee or Member retiring under section 6, 7, or 8 may
at the tithe of retirement elect it reduced annuity, in lieu of the annuity
as hereinbefore provided, wid designate in writing his wife or hus-
band to receive an annuity after the retired individual's death cone-
piite(l as provided in section 11) (a) (1). The annuity of the employee
or Meniller making such election, excluding any incret.se because of
retirement under section 7, shall be reduced by 2% per cent urn of so
much of the portion thereof designated under section 10 (a) (1)
its does not exceed $2,400 and by 10 per centum of so much of the por-
tion so designated as exceeds S2,4o0.
"(Ii) Any unmarried employee or Member retiring u icier section G
Or 's, and found by the Commission to be in good health, May at the
tune of retirement elect a reduced annuity, in lieu of tie annuity as
hereinbefore provided. and designate in ivy--ting a person having an
insurable interest in the employee or Member to receive an annuity
after the retired individual's death. The aimuity paya'le to the etri-
ployee or Member making such election shall be reduced by 10 per
centum of' an annuity computed as provided in section 9 and Ity
5 per centum of an annuity so computed for each full five years the
person designated is younger than the retiring employee or Meniber.
but such total reduction shall not exceed 40 per centuni.
Alaskan and cc(i) The annuity its liereinbefore provided, for an employee who is
'anal zone it citi7wn of the United States, shall he increased by $36 multi plied
emotoyees. by total service in the employ of either the Alaska Engineering Corn-
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All 70 Stat. 754.
mission or The Alaska Railroad in the Territory of Alaska between
March 12, 1914, and July 1, 1923, or in the employ of either the
Isthmian Canal Commission or the Panama Railroad Company on
the Isthmus of Panama between May 4, 1904, and April 1, 1914.
"SEC. 10. (a) (1) If a Member or employee dies after having retired
under any provision of this Act and is survived by a wife or Husband
designated under section 9 (g) such wife or husband shall be paid an
annuity equal to 50 per centum of so much of an annuity computed as
provided in subsections (a), (b), (c), (d), (e), and (f) of section 9, as
may apply with respect to the annuitant, as is designated in writing for
such purpose by such Member or employee at the time he makes the
election provided for by section 9 (g).
"(2) An annuity computed under this subsection shall begin on the
first day of the month in which the retired employee or Member dies,
and such annuity or any right thereto shall terminate upon the
survivor's death or remarriage.
"(b) The annuity of a survivor designated under section 9 (It) shall
be 50 per centum of the reduced annuity computed as provided in sub-
sections (a), (b), (c), (d), (e), (f), and (h) of section 9 as may apply
with respect to the annuitant. The annuity of such survivor shall
begin on the first day of the month in which the retired employee or
Member dies, and such annuity or any right thereto shall terminate
upon the survivor's death.
"(c) If an employee dies after completing at least five years of
civilian service, or a Member dies after completing at least five years of
Member service, the widow or dependent widower of such employee or
Member shall be paid an annuity equal to 50 per centum of an annuity
computed as provided in subsections (a), (b), (c), (e), and (f) of
section 9 as may apply with respect to the employee or Member. The
annuity of such widow or dependent widower shall begin on the first
day of the month after the employee or Member dies, and such annuity
or any right thereto shall terminate upon death or remarriage of the
widow or widower, or upon the widower's becoming capable of self-
support.
"(d) If an employee dies after completing five years of civilian
service or a Member dies after completing five years of Member service,
or an employee or a Member dies after having retired under any pro-
vision of the Act, and is survived by a wife or by a husband, each
surviving child who received more than one-half of his support from
such employee or Member shall be paid an annuity equal to the small-
est of (1) 40 per centum of the employee's or Member's average sal-
ary divided by the number of children, (2) $600, or (3) $1,800
divided by the number of children. If such employee or Member
is not survived by a wife or husband, each surviving child shall be
paid an annuity equal to the smallest of (1) 50 per centum of the
employee's or Member's average salary divided by the number of
children, (2) $720, or (3) $2,160 divided by the number of children.
The child's annuity shall begin on the first day of the month after the
employee or Member dies, and such annuity or any right thereto shall
terminate upon (1) his attaining age 18 unless incapable of self-
support, (2) his becoming capable of self-support after age 1.8, (3) his
marriage, or (4) his death. Upon the death of the surviving wife or
husband or termination of the annuity of the child, the annuity of any
other child or children shall. be recomputed and paid as though such
wife, husband, or child had not survived the employee or Member.
Death after
retirement.
Death after
5 years of
servioe.
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"(e) In case a Member separated from service with title to a de-
ferred annuity under this Act. either prior to, on, or after the effective
(late of the Civil Service Retirement Act Alnendmetits )f 1956, shall
hereafter die before haying established a valid claim for annuity and
is survived by a wife or litishand to whom married at date of separa-
tion, such surviving wife or husband (1) shall be pail an annuity
equal to One-half of the deferred annuity of such Member beginning
the first deny of the month following tine death of such Member and
terminating lotion the death Or remarria e of such surviving wife
or husband or (2) may elec' to receive a lump-sum credit in lieu of
annuity if such wife or husband is the person who would be entitled
to the lump-sum credit and files application therefor with the Com-
mission prior to the award of such annuity.
Designation
of benefi-
oialy.
Preoedenoe
of payment.
?Snr. 11. (a) Any enployee or Member tt ho is separated from the
service, or is transferred to a position wherein he does not continue
subject to this Act, shall be paid the lump-sum credit provided his
separation or transfer occurs and application for payment is filed
with the Commission at leas- thirty-one days before the earliest com-
i,fencing (late of any annuity for which lie is eligible. The receipt
of payment of the lump-sutra credit by the individual shall void all
:utnuity rights under this Act, unless and until he shall be reemployed
in the service subject to this Act. This subsection shall also apply
to airy emplorce or 1lentbei separated prior to the eiRctive date of
the Civil Service Retirement Act Amendments of 1936 after,:ouiplet-
ing at least twenty years of civilian service.
"(b) Each present or former employee or Member may, under regu-
lations prescribed by the Commission, designate a beneficiary or bend-
(iciaries for Ill(- purposes (if Ibis Act.
"t c) 1,11111l)-sutra benefits authorized under subsec?ti(.us (d), (e).
:tint ( f) of this section shall be paid in the followinir older of prece-
delive to such person or persons surviving the employee or Met -doer and
:(hive at the date title to the payment arises, and such latyment shall
be a bar to recovery by any of her person :
h`irst, to the beneliciarv or Ix'nctiriaries de-igniited by the employee
.Jr .1leniler in a writiurr received in the ('outn.ission print to h s death -'stwoml, if there be,no such beneficiary. to the widow or widower of
t tit- ('1111 ol. Member:
``T'hird, if none of the above, to the child or children of the employee
Or Member and descendants of deceased children by representation;
Fourth, if none of the above, to the parents of the employee or
_'Ictuber or the survivor of Ihunt ;
"Fifth, if none of the alove. to [lie duly appornte