A-17122, FEBRUARY 8, 1927, 6 COMP. GEN. 511

A-17122: Feb 8, 1927

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WILL BE CONSIDERED AS EFFECTIVE TO RETAIN THE EMPLOYEES IN THE SERVICE IF OTHERWISE REGULAR. WILL NOT BE CONSIDERED AS FULFILLING THE CONDITIONS OF THE STATUTE SO AS TO RETAIN THE EMPLOYEES IN THE SERVICE. 1927: I HAVE YOUR LETTER OF JANUARY 20. IT WAS POINTED OUT THAT IN SO FAR AS ACTION BY THE ADMINISTRATIVE OFFICE WAS CONCERNED THE EXECUTION OF SAID FORM CONSTITUTED ONLY THE APPROVAL BY THE HEAD OF THE DEPARTMENT. THAT THE HEAD OF THE DEPARTMENT IN WHICH THE EMPLOYEE IS EMPLOYED CERTIFY TO THE CIVIL SERVICE COMMISSION "THAT BY REASON OF HIS EFFICIENCY AND WILLINGNESS TO REMAIN IN THE CIVIL SERVICE OF THE UNITED STATES THE CONTINUANCE OF SUCH EMPLOYEE THEREIN WOULD BE ADVANTAGEOUS TO THE PUBLIC SERVICE.'.

A-17122, FEBRUARY 8, 1927, 6 COMP. GEN. 511

RETIREMENT, CIVILIAN - CERTIFICATION FOR RETENTION THE CERTIFICATION FOR RETENTION OF EMPLOYEES IN THE CIVIL SERVICE BEYOND THE AGE OF RETIREMENT ON CIVIL SERVICE FORM NO. 2318 MADE BY ADMINISTRATIVE OFFICES PRIOR TO THE DATE OF THIS DECISION, FEBRUARY 8, 1927, WILL BE CONSIDERED AS EFFECTIVE TO RETAIN THE EMPLOYEES IN THE SERVICE IF OTHERWISE REGULAR, BUT THE USE OF SAID FORM AFTER FEBRUARY 8, 1927, WILL NOT BE CONSIDERED AS FULFILLING THE CONDITIONS OF THE STATUTE SO AS TO RETAIN THE EMPLOYEES IN THE SERVICE.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE NAVY, FEBRUARY 8, 1927:

I HAVE YOUR LETTER OF JANUARY 20, 1927, REQUESTING DECISION WHETHER LUCIEN T. PAUL AND LOUIS F. STOETZER, EMPLOYEES AT THE WASHINGTON NAVY YARD, MAY BE RETAINED IN THE CIVIL SERVICE SUBSEQUENT TO DATE OF ATTAINING AGE OF RETIREMENT UNDER THE PROVISIONS OF THE RETIREMENT ACT OF JULY 3, 1926, 44 STAT. 904, UNDER CIRCUMSTANCES SET FORTH IN LETTER OF JANUARY 4, 1927, FROM THE ACCOUNTING OFFICER AT THE WASHINGTON NAVY YARD TO THE COMMANDANT OF SAID YARD, AS FOLLOWS: REFERENCE:(A) RETIREMENT ACT OF 3 JULY, 1926.

(B) 6 COMP. GEN. DEC. 366.

1. THIS OFFICE HAS RECEIVED COPIES OF CONTINUANCE CERTIFICATES ON CIVIL- SERVICE FORM 2318 IN THE CASE OF LUCIEN T. PAUL, MACHINIST, AND LOUIS F. STOETZER, MACHINIST, PROVIDING FOR A CONTINUANCE IN THE CIVIL SERVICE FOR A PERIOD OF TWO YEARS FROM 7 JANUARY AND 10 JANUARY, 1927, RESPECTIVELY. EACH OF THESE EMPLOYEES HAS MORE THAN FIFTEEN YEARS' SERVICE.

2. THE ABOVE-MENTIONED FORM DOES NOT PROVIDE FOR AND THEREFORE THE SECRETARY OF THE NAVY HAS NOT SPECIFICALLY CERTIFIED IN THESE CASES THAT "BY REASON OF HIS EFFICIENCY AND WILLINGNESS TO REMAIN IN THE CIVIL SERVICE OF THE UNITED STATES THE CONTINUANCE OF SUCH EMPLOYEE THEREIN WOULD BE ADVANTAGEOUS TO THE PUBLIC SERVICE" AS REQUIRED BY LAW, REFERENCE (A).

IN DECISION OF NOVEMBER 27, 1926, 6 COMP. GEN. 366, 367, IT WAS POINTED OUT THAT IN SO FAR AS ACTION BY THE ADMINISTRATIVE OFFICE WAS CONCERNED THE EXECUTION OF SAID FORM CONSTITUTED ONLY THE APPROVAL BY THE HEAD OF THE DEPARTMENT, BRANCH, OR INDEPENDENT OFFICE CONCERNED, OF A SUBORDINATE'S RECOMMENDATION FOR RETENTION OF THE EMPLOYEE, AND DID NOT CONSTITUTE A COMPLIANCE WITH THE REQUIREMENT OF SECTION 2 OF THE ACT OF JULY 3, 1926, 44 STAT. 905, THAT THE HEAD OF THE DEPARTMENT IN WHICH THE EMPLOYEE IS EMPLOYED CERTIFY TO THE CIVIL SERVICE COMMISSION "THAT BY REASON OF HIS EFFICIENCY AND WILLINGNESS TO REMAIN IN THE CIVIL SERVICE OF THE UNITED STATES THE CONTINUANCE OF SUCH EMPLOYEE THEREIN WOULD BE ADVANTAGEOUS TO THE PUBLIC SERVICE.' A COPY OF SAID DECISION WAS SENT TO EACH AND EVERY DEPARTMENT AND INDEPENDENT GOVERNMENT ESTABLISHMENT ON OR ABOUT DECEMBER 1, 1926, AND COMPLIANCE THEREWITH MUST BE REQUIRED. SEE 5 COMP. GEN. 793.

IN THE CASE OF LUCIEN T. PAUL, RETIREMENT AGE WAS REACHED JANUARY 7, 1927, AND THE ACTION OF THE SECRETARY OF THE NAVY WAS NOVEMBER 18, 1926. CERTIFICATION BY THE CIVIL SERVICE COMMISSION WAS MADE NOVEMBER 26, 1926. IN THE CASE OF LOUIS F. STOETZER, RETIREMENT AGE WAS REACHED JANUARY 10, 1927, AND THE ACTION OF THE SECRETARY OF THE NAVY WAS NOVEMBER 19, 1926. CERTIFICATION BY THE CIVIL SERVICE COMMISION WAS MADE NOVEMBER 29, 1926. IN BOTH CASES THE ACTION BY THE SECRETARY OF THE NAVY IN EXECUTING FORM NO. 2318, AS A COMPLIANCE WITH THE REQUIREMENT OF THE LAW AS TO RETENTION, AND THE CERTIFICATION OF THE CIVIL SERVICE COMMISSION WERE WITHIN THE TIME REQUIRED BY THE RETIREMENT ACT AND UNDERSTANDING THAT ACTION AND CERTIFICATION IS NOW BEING REQUIRED IN ACCORDANCE WITH THE DECISION OF NOVEMBER 27, 1926, THERE APPEARS NO REASON TO FURTHER QUESTION THE ACTION AND CERTIFICATION IN THESE TWO CASES, OR IN SUCH CASES WHERE THE ACTION AND CERTIFICATION HERETOFORE WERE SIMILAR THERETO.