A-43281, JULY 13, 1932, 12 COMP. GEN. 25

A-43281: Jul 13, 1932

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EXCEPT THAT THE RATE OF ACTIVE OR RETIRED PAY OR ALLOWANCE SHALL BE COMPUTED AS OF THE DATE RETIREMENT WOULD HAVE OCCURRED IF THIS ACT HAD NOT BEEN ENACTED. ARE REPEALED.'. NO PERSON RENDERING CIVILIAN SERVICE IN ANY BRANCH OR SERVICE OF THE UNITED STATES GOVERNMENT OR THE MUNICIPAL GOVERNMENT OF THE DISTRICT OF COLUMBIA WHO SHALL HAVE REACHED THE RETIREMENT AGE PRESCRIBED FOR AUTOMATIC SEPARATION FROM THE SERVICE. IT IS REQUESTED THAT RULING BE FURNISHED AS TO WHETHER OR NOT THE PROVISIONS OF SEC. 204 OF THE LEGISLATIVE APPROPRIATION ACT OF JUNE 30. WHO WAS BORN JULY 5. THEREFORE IS SUBJECT TO IMMEDIATE RETIREMENT. THERE IS DOUBT AS TO WHETHER HE MAY BE RETAINED ON THE ROLLS UNTIL THE CLOSE OF BUSINESS JULY 31.

A-43281, JULY 13, 1932, 12 COMP. GEN. 25

ECONOMY ACT - RETIREMENT OF GOVERNMENT EMPLOYEES - UNIFORM DATE THE PROHIBITION IN THE ECONOMY ACT OF JUNE 30, 1932, 47 STAT. 382, AGAINST THE CONTINUANCE IN THE SERVICE OF EMPLOYEES AFTER REACHING RETIREMENT AGE HAS REFERENCE TO THE PROVISIONS OF THE CIVIL RETIREMENT ACT FOR EXTENDING PERIODS OF SERVICE OF EMPLOYEES FOR REASONS STATED IN THAT ACT AND DOES NOT CHANGE THE PRACTICE REQUIRED BY THE UNIFORM RETIREMENT ACT OF APRIL 23, 1930, 46 STAT. 253, OF RETIRING EMPLOYEES AS OF THE FIRST DAY OF THE MONTH FOLLOWING THE MONTH IN WHICH THEIR RETIREMENT WOULD BE EFFECTIVE OTHERWISE.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF WAR, JULY 13, 1932:

THERE HAS BEEN RECEIVED YOUR LETTER OF JULY 7, 1932, AS FOLLOWS:

THE UNIFORM RETIREMENT ACT APPROVED APRIL 23, 1930 (46 STAT. 253), CONTAINS THE FOLLOWING PROVISIONS:

"THAT HEREAFTER RETIREMENT AUTHORIZED BY LAW OF FEDERAL PERSONNEL OF WHATEVER CLASS, CIVIL, MILITARY, NAVAL, JUDICIAL, LEGISLATIVE, OR OTHERWISE, AND FOR WHATEVER CAUSE RETIRED, SHALL TAKE EFFECT ON THE 1ST DAY OF THE MONTH FOLLOWING THE MONTH IN WHICH SAID RETIREMENT WOULD OTHERWISE BE EFFECTIVE, AND SAID 1ST DAY OF THE MONTH FOR RETIREMENT HEREAFTER MADE SHALL BE FOR ALL PURPOSES IN LIEU OF SUCH DATE FOR RETIREMENT AS MAY NOW BE AUTHORIZED; EXCEPT THAT THE RATE OF ACTIVE OR RETIRED PAY OR ALLOWANCE SHALL BE COMPUTED AS OF THE DATE RETIREMENT WOULD HAVE OCCURRED IF THIS ACT HAD NOT BEEN ENACTED.

"SEC. 2. THIS ACT SHALL BECOME EFFECTIVE JULY 1, 1930. ALL LAWS OR PARTS OF LAWS, INSOFAR AS IN CONFLICT HEREWITH, ARE REPEALED.'

THE LEGISLATIVE APPROPRIATION ACT APPROVED JUNE 30, 1932, CONTAINS THE FOLLOWING PROVISION:

"SEC. 204. ON AND AFTER JULY 1, 1932, NO PERSON RENDERING CIVILIAN SERVICE IN ANY BRANCH OR SERVICE OF THE UNITED STATES GOVERNMENT OR THE MUNICIPAL GOVERNMENT OF THE DISTRICT OF COLUMBIA WHO SHALL HAVE REACHED THE RETIREMENT AGE PRESCRIBED FOR AUTOMATIC SEPARATION FROM THE SERVICE, APPLICABLE TO SUCH PERSON, SHALL BE CONTINUED IN SUCH SERVICE, NOTWITHSTANDING ANY PROVISION OF LAW OR REGULATION TO THE CONTRARY: PROVIDED, THAT THE PRESIDENT MAY, BY EXECUTIVE ORDER, EXEMPT FROM THE PROVISIONS OF THIS SECTION ANY PERSON WHEN, IN HIS JUDGMENT, THE PUBLIC INTEREST SO REQUIRES: PROVIDED FURTHER, THAT NO SUCH PERSON HERETOFORE OR HEREAFTER SEPARATED FROM THE SERVICE OF THE UNITED STATES OR THE DISTRICT OF COLUMBIA UNDER ANY PROVISION OF LAW OR REGULATION PROVIDING FOR SUCH RETIREMENT ON ACCOUNT OF AGE SHALL BE ELIGIBLE AGAIN TO APPOINTMENT TO ANY APPOINTIVE OFFICE, POSITION, OR EMPLOYMENT UNDER THE UNITED STATES OR THE DISTRICT OF COLUMBIA: PROVIDED FURTHER, THAT THIS SECTION SHALL NOT APPLY TO ANY PERSON NAMED IN ANY ACT OF CONGRESS PROVIDING FOR THE CONTINUANCE OF SUCH PERSON IN THE SERVICE.'

IT IS REQUESTED THAT RULING BE FURNISHED AS TO WHETHER OR NOT THE PROVISIONS OF SEC. 204 OF THE LEGISLATIVE APPROPRIATION ACT OF JUNE 30, 1932, ABOVE QUOTED, NULLIFY THE PROVISIONS OF THE UNIFORM RETIREMENT ACT OF APRIL 23, 1930.

MR. ALBERT BEUK, CARPENTER, ENGINEER DEPARTMENT AT LARGE, MOBILE, ALABAMA, WHO WAS BORN JULY 5, 1867, REACHED THE AGE OF 65 YEARS, THE AGE FIXED FOR RETIREMENT FROM THE POSITION WHICH HE HOLDS, ON JULY 4, 1932. MR. BEUK HAS RENDERED ABOUT 25 YEARS OF SERVICE, AND THEREFORE IS SUBJECT TO IMMEDIATE RETIREMENT. THERE IS DOUBT AS TO WHETHER HE MAY BE RETAINED ON THE ROLLS UNTIL THE CLOSE OF BUSINESS JULY 31, 1932, UNDER THE ACT OF APRIL 23, 1930, OR WHETHER HIS RETIREMENT AT CLOSE OF BUSINESS JULY 4, 1932, IS REQUIRED BY THE PROVISION OF THE LEGISLATIVE APPROPRIATION ACT ABOVE QUOTED. HE HAS BEEN PLACED ON FURLOUGH WITHOUT PAY PENDING DECISION, AND SHOULD THE DECISION BE THAT HE MAY BE RETAINED UNTIL JULY 31, 1932, IT IS PROPOSED TO RESTORE HIM TO DUTY AND PAY STATUS FOR SUCH TIME AS MAY REMAIN BEFORE JULY 31, 1932. IT IS REQUESTED, THEREFORE, THAT DECISION BE GIVEN AT THE EARLIEST DATE POSSIBLE.

THE PROHIBITION IN THE ACT OF JUNE 30, 1932, PUBLIC 212, 47 STAT. 382, AGAINST CONTINUING EMPLOYEES IN THE SERVICE AFTER REACHING RETIREMENT AGE HAS REFERENCE TO THE PROVISIONS OF THE CIVIL RETIREMENT ACT FOR EXTENDING THE PERIOD OF SERVICE OF EMPLOYEES FOR STATED PERIODS FOR REASONS MENTIONED IN THE ACT. THE UNIFORM RETIREMENT ACT OF APRIL 23, 1930, DID NOT CHANGE OR MODIFY THE PROVISIONS FOR EXTENSION OF SERVICE, BUT PRESCRIBED UNIFORM DATES UPON WHICH EMPLOYEES SHOULD BE RETIRED, WHETHER RETIRED IMMEDIATELY UPON REACHING RETIREMENT AGE OR AFTER A PERIOD OF EXTENSION. IT APPLIES ALSO TO RETIREMENTS UNDER OTHER LAWS. THIS STATUTE WAS ENACTED PRIMARILY FOR ACCOUNTING PURPOSES, AND THE NEED THEREFOR HAS NOT BEEN LESSENED BY THE PROVISIONS OF THE ACT OF JUNE 30, 1932. ACCORDINGLY, YOU ARE ADVISED THAT AN EMPLOYEE WHO BECAME OF RETIREMENT AGE JULY 4, 1932, SHOULD BE RETIRED EFFECTIVE AS OF AUGUST 1, 1932.