A-34980, FEBRUARY 10, 1931, 10 COMP. GEN. 356

A-34980, FEBRUARY 10, 1931, 10 COMP. GEN. 356

RETIREMENT - PROBATION OFFICER OF THE SUPREME COURT OF THE DISTRICT OF COLUMBIA THE PROBATION OFFICER OF THE SUPREME COURT OF THE DISTRICT OF COLUMBIA, HIS ASSISTANTS, AND THE EMPLOYEES OF HIS OFFICE, ARE NOT SUBJECT TO THE PROVISIONS OF, NOR ENTITLED TO THE BENEFITS OF, THE CIVIL RETIREMENT ACT, AS AMENDED.

COMPTROLLER GENERAL MCCARL TO THE ADMINISTRATOR OF VETERANS' AFFAIRS, FEBRUARY 10, 1931:

THERE HAS BEEN RECEIVED YOUR LETTER OF JANUARY 16, 1931, REQUESTING DECISION OF A QUESTION STATED AS FOLLOWS:

IS THE PROBATION OFFICER OF THE SUPREME COURT OF THE DISTRICT OF COLUMBIA, AND ARE HIS ASSISTANTS AND THE EMPLOYEES OF HIS OFFICE, SUBJECT TO THE PROVISIONS AND ENTITLED TO THE BENEFITS OF THE CIVIL SERVICE RETIREMENT ACTS OF MAY 22, 1920 (41 STAT. 617), JULY 3, 1926 (44 STAT. 912), AND MAY 29, 1930 (PUBLIC, NO. 279/?

THE ONLY PROVISIONS IN THE CIVIL RETIREMENT ACT OF MAY 29, 1930, 46 STAT. 470, FOR CONSIDERATION IN THIS CONNECTION ARE PARAGRAPHS (A) AND (E), SECTION 3, ENTITLED "EMPLOYEES TO WHOM THE ACT SHALL APPLY," AND ARE AS FOLLOWS:

(A) ALL EMPLOYEES IN THE CLASSIFIED CIVIL SERVICE OF THE UNITED STATES, INCLUDING ALL PERSONS WHO HAVE BEEN HERETOFORE OR MAY HEREAFTER BE GIVEN A COMPETITIVE STATUS IN THE CLASSIFIED CIVIL SERVICE, WITH OR WITHOUT COMPETITIVE EXAMINATION, BY LEGISLATIVE ENACTMENT, OR UNDER CIVIL SERVICE RULES PROMULGATED BY THE PRESIDENT, OR BY EXECUTIVE ORDERS COVERING INTO COMPETITIVE CLASSIFIED SERVICE GROUPS OF EMPLOYEES WITH THEIR POSITIONS OR AUTHORIZING THE APPOINTMENT OF INDIVIDUALS TO POSITIONS WITHIN SUCH SERVICE.

(E) ALL REGULAR ANNUAL EMPLOYEES OF THE MUNICIPAL GOVERNMENT OF THE DISTRICT OF COLUMBIA, APPOINTED DIRECTLY BY THE COMMISSIONERS OR BY OTHER COMPETENT AUTHORITY, INCLUDING THOSE EMPLOYEES RECEIVING PER DIEM COMPENSATION PAID OUT OF GENERAL APPROPRIATIONS AND INCLUDING PUBLIC- SCHOOL EMPLOYEES, EXCEPTING SCHOOL OFFICERS AND TEACHERS.

IT IS PROVIDED IN RULE II PARAGRAPH 1, OF THE CIVIL SERVICE RULES AND REGULATIONS, THAT THE CLASSIFIED SERVICE SHALL INCLUDE "ALL OFFICERS AND EMPLOYEES IN THE EXECUTIVE CIVIL SERVICE OF THE UNITED STATES. * * *" ACCORDINGLY, THE TERM "CLASSIFIED CIVIL SERVICE" APPEARING IN THE ORIGINAL CIVIL RETIREMENT ACT OF MAY 22, 1920, AS WELL AS THE SAME TERM APPEARING IN THE AMENDMENTS THEREOF, HAS BEEN APPLIED CONSISTENTLY TO MEAN THE CLASSIFIED EXECUTIVE CIVIL SERVICE, AS DISTINGUISHED FROM THE MILITARY, NAVAL, LEGISLATIVE, AND JUDICIAL BRANCHES OF THE GOVERNMENT. OP.ATTY.GEN. 192; ID. 334, AND VARIOUS DECISIONS OF THE COMMISSIONER OF PENSIONS.

THE DISTRICT OF COLUMBIA PROBATION SYSTEM, ESTABLISHED BY THE ACT OF JUNE 25, 1910, 36 STAT. 864, AMENDED BY THE ACT OF MARCH 4, 1919, 40 STAT. 1324, IS ESSENTIALLY A JUDICIAL FUNCTION UNDER THE SUPREME COURT OF THE DISTRICT OF COLUMBIA. UNDER THE ACT OF JUNE 25, 1910, SUPRA, AND AS AMENDED, THE SUPREME COURT OF THE DISTRICT OF COLUMBIA HAS THE POWER OF APPOINTMENT AND REMOVAL OF THE PROBATION OFFICERS AND EMPLOYEES UNDER THEM, AS WELL AS THE FIXING OF THE DUTIES AND RESPONSIBILITIES OF THEIR OFFICES OR POSITIONS. WHILE FOR THE PURPOSES OF THE BUDGET AND FOR CONVENIENCE IN ACCOUNTING, THE SALARIES OF SAID PROBATION OFFICERS AND EMPLOYEES, AS WELL AS THE SALARIES FOR THE JUSTICES AND OTHER OFFICERS OF THE SUPREME COURT OF THE DISTRICT, ARE PROVIDED UNDER THE APPROPRIATIONS FOR THE DISTRICT OF COLUMBIA, THAT CIRCUMSTANCE DOES NOT JUSTIFY CLASSING SAID PROBATION OFFICERS AND EMPLOYEES AS WITHIN THE CLASSIFIED EXECUTIVE CIVIL SERVICE, OR AS ,EMPLOYEES OF THE MUNICIPAL GOVERNMENT OF THE DISTRICT OF COLUMBIA," EVEN THOUGH THEY MAY BE APPOINTED AS THE RESULT OF A CIVIL-SERVICE EXAMINATION.

IT IS UNDERSTOOD THAT, HERETOFORE, SAID PROBATION OFFICERS AND EMPLOYEES HAVE BEEN CONSIDERED AS NOT UNDER THE CIVIL RETIREMENT ACT. SEE PAGE 17 OF THE PUBLICATION ENTITLED "RETIREMENT ACT HANDBOOK," PUBLISHED BY THE BUREAU OF PENSIONS ON 1929. YOU ARE ADVISED, THEREFORE, THAT UNDER EXISTING LAW, ORDERS, AND DECISIONS, THE PROBATION OFFICER OF THE SUPREME COURT OF THE DISTRICT OF COLUMBIA, HIS ASSISTANTS AND THE EMPLOYEES OF HIS OFFICE, ARE NOT SUBJECT TO THE PROVISIONS, NOR ENTITLED TO THE BENEFITS, OF THE CIVIL RETIREMENT ACT AS AMENDED.