B-5723, SEPTEMBER 12, 1939, 19 COMP. GEN. 352

B-5723: Sep 12, 1939

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GENERAL ACCOUNTING OFFICE JURISDICTION AND RETIREMENT STATUS OF DISTRICT OF COLUMBIA EMPLOYEE TRANSFERRED FROM TEACHER TO COMMUNITY CENTER DEPARTMENT WHETHER AN EMPLOYEE IS ENTITLED TO RETIREMENT UNDER ANY PARTICULAR RETIREMENT ACT IS FOR DETERMINATION PRIMARILY BY THE HEAD OF THE ESTABLISHMENT CHARGED WITH THE DUTY OF ADMINISTERING THE APPLICABLE RETIREMENT ACT AND. THE GENERAL ACCOUNTING OFFICE WILL NOT ATTEMPT AN AUTHORITATIVE DECISION AS TO THE STATUS OF AN EMPLOYEE FOR RETIREMENT PURPOSES DURING ANY PERIOD OF HER SERVICE AS A TEACHER IN THE PUBLIC SCHOOLS OF THE DISTRICT OF COLUMBIA AND AS DIRECTOR OF THE DISTRICT OF COLUMBIA COMMUNITY CENTER DEPARTMENT. WHERE A TEACHER IN THE PUBLIC SCHOOLS OF THE DISTRICT OF COLUMBIA WAS TRANSFERRED FROM THE TEACHING SERVICE TO THE POSITION OF DIRECTOR OF COMMUNITY CENTERS.

B-5723, SEPTEMBER 12, 1939, 19 COMP. GEN. 352

GENERAL ACCOUNTING OFFICE JURISDICTION AND RETIREMENT STATUS OF DISTRICT OF COLUMBIA EMPLOYEE TRANSFERRED FROM TEACHER TO COMMUNITY CENTER DEPARTMENT WHETHER AN EMPLOYEE IS ENTITLED TO RETIREMENT UNDER ANY PARTICULAR RETIREMENT ACT IS FOR DETERMINATION PRIMARILY BY THE HEAD OF THE ESTABLISHMENT CHARGED WITH THE DUTY OF ADMINISTERING THE APPLICABLE RETIREMENT ACT AND, ACCORDINGLY, THE GENERAL ACCOUNTING OFFICE WILL NOT ATTEMPT AN AUTHORITATIVE DECISION AS TO THE STATUS OF AN EMPLOYEE FOR RETIREMENT PURPOSES DURING ANY PERIOD OF HER SERVICE AS A TEACHER IN THE PUBLIC SCHOOLS OF THE DISTRICT OF COLUMBIA AND AS DIRECTOR OF THE DISTRICT OF COLUMBIA COMMUNITY CENTER DEPARTMENT. WHERE A TEACHER IN THE PUBLIC SCHOOLS OF THE DISTRICT OF COLUMBIA WAS TRANSFERRED FROM THE TEACHING SERVICE TO THE POSITION OF DIRECTOR OF COMMUNITY CENTERS, DISTRICT OF COLUMBIA, WHICH SHE HELD FOR MORE THAN 5 YEARS, AND, AFTER THE TRANSFER HER STATUS WAS REGARDED AS OTHER THAN THAT OF TEACHER BY BOTH THE AGENCY CHARGED WITH THE ADMINISTRATION OF THE CIVIL SERVICE RETIREMENT ACT OF MAY 29, 1930, 46 STAT. 468, AND THE AGENCY CHARGED WITH ADMINISTERING THE DISTRICT OF COLUMBIA TEACHERS' RETIREMENT ACT OF JUNE 11, 1926, 44 STAT. 727, AND THERE APPEARS NO PROPER BASIS FOR QUESTIONING AT THIS TIME THE DETERMINATION OF THE TWO AGENCIES WITH RESPECT TO THE MATTER, SHE MUST BE REGARDED AS HAVING BEEN "SEPARATED FROM TEACHING SERVICE IN ANY PUBLIC SCHOOL SYSTEM FOR MORE THAN FIVE YEARS," WITHIN THE MEANING OF THOSE WORDS AS USED IN SECTION 9 OF THE TEACHERS' RETIREMENT ACT AND, ACCORDINGLY, IS NOT ENTITLED TO PURCHASE LONGEVITY CREDIT FOR RETIREMENT PURPOSES UNDER THE SAID ACT FOR ANY PERIOD PRIOR TO HER REAPPOINTMENT AS A TEACHER AFTER HER PERIOD OF SERVICE WITH THE COMMUNITY CENTER DEPARTMENT.

COMPTROLLER GENERAL BROWN TO THE PRESIDENT, BOARD OF COMMISSIONERS, DISTRICT OF COLUMBIA, SEPTEMBER 12, 1939:

I HAVE YOUR LETTER OF AUGUST 21, 1939, AS FOLLOWS:

THE COMMISSIONERS DESIRE TO SUBMIT FOR YOUR EARLY CONSIDERATION AND ADVICE A QUESTION PRESENTED TO THEM BY THE ACTING SUPERINTENDENT OF SCHOOLS IN LETTER DATED JULY 20, 1939, AS FOLLOWS:

" I AM PRESENTING FOR YOUR CONSIDERATION AND POSSIBLE REFERRAL TO THE COMPTROLLER GENERAL THE CASE OF MRS. ELIZABETH K. PEEPLES, WHO WAS TRANSFERRED BY VOTE OF THE BOARD OF EDUCATION ON JULY 15 FROM THE POSITION OF DIRECTOR OF THE COMMUNITY CENTER DEPARTMENT, SALARY CLASS 10, TO ADMINISTRATIVE PRINCIPAL OF THE E. V. BROWN ELEMENTARY SCHOOL, SALARY CLASS 7.

" MRS. PEEPLES FINDS UPON INQUIRY THAT ALTHOUGH WHEN SHE WAS MADE DIRECTOR OF THE COMMUNITY CENTER DEPARTMENT HER CONTRIBUTIONS IN THE TEACHERS' RETIREMENT FUND WERE TAKEN OVER INTO THE CIVIL SERVICE RETIREMENT FUND, SHE CANNOT NOW TRANSFER HER FUNDS FROM THE CIVIL SERVICE RETIREMENT FUND BACK TO THE TEACHERS' RETIREMENT FUND BECAUSE SHE HAS BEEN OUT OF TEACHING SERVICE FOR FIVE YEARS. SHE WAS PROMOTED IN 1931 TO BE DIRECTOR OF THE COMMUNITY CENTER DEPARTMENT, AND SO EIGHT YEARS HAVE ELAPSED SINCE THAT APPOINTMENT.

" MRS. PEEPLES' DUTIES AS COMMUNITY CENTER DIRECTOR INCLUDED THE ADMINISTRATION AND SUPERVISION OF A VERY LARGE NUMBER OF EDUCATIONAL CLASSES THAT WERE CONDUCTED BY HER DEPARTMENT. IT IS OUR FEELING THAT MRS. PEEPLES HAS NEVER BEEN DIVORCED FROM THE TEACHING SERVICE AT ANY TIME DURING HER DIRECTING OF THE COMMUNITY CENTER PROGRAM. IN FACT, THE DISTRICT OF COLUMBIA APPROPRIATIONS ACT, APPROVED FEBRUARY 22, 1921, ANOTHER ACT APPROVED ON JUNE 29, 1922, ANOTHER ACT APPROVED ON FEBRUARY 28, 1923, AND STILL ANOTHER APPROPRIATIONS ACT APPROVED ON JUNE 7, 1924, ALL SPECIFY THAT THE APPROPRIATIONS WERE FOR " SALARIES OF DIRECTORS, SUPERVISORS, TEACHERS, CLERKS, AND OTHER EMPLOYEES FOR CIVIC, EDUCATIONAL, RECREATIONAL, AND SOCIAL ACTIVITIES UNDER THE DIRECTION OF THE BOARD OF EDUCATION.' THE INFERENCE APPEARS TO BE FROM THIS LANGUAGE THAT IN SETTING UP THE COMMUNITY CENTER ACTIVITIES UNDER THE HEADINGS OF CIVIC, EDUCATIONAL, RECREATIONAL, AND SOCIAL, CONGRESS CONCLUDED, IN PUTTING THEM UNDER THE BOARD OF EDUCATION, THAT THEY WERE A DEFINITE PART OF THE TEACHING SERVICE WHICH THE BOARD WOULD RENDER TO THE COMMUNITY.

"IT WOULD THEN BECOME A QUESTION OF WHETHER MRS. PEEPLES MAY NOT HAVE BEEN IMPROPERLY CLASSIFIED UNDER THE CIVIL SERVICE RETIREMENT FUND, WHEN HER DUTIES WERE, IN FACT, THOSE OF TEACHING, AND TO HAVE MADE HER ELIGIBLE TO CONTINUE HER CONTRIBUTIONS TO RETIREMENT UNDER THE TEACHERS' RETIREMENT FUND SINCE SHE CONTINUED TO WORK AS A PAID REPRESENTATIVE OF THE BOARD OF EDUCATION.

"IF THE COMPTROLLER GENERAL RULES AGAINST THE RECLASSIFICATION OF MRS. PEEPLES UNDER THE TEACHERS' RETIREMENT ACT, WILL YOU NOT FOLLOW UP YOUR PROPOSAL MADE DURING OUR INFORMAL CONVERSATION ON TUESDAY, JULY 18, THAT LEGISLATION BE DRAFTED FOR PRESENTATION AT THE NEXT SESSION OF CONGRESS TO BRING ABOUT THE REDRESS OF THIS INJUSTICE WHICH IS BEING DONE TO MRS. PEEPLES UNDER THE PRESENT INTERPRETATION OF HER STATUS?

THE 1940 DISTRICT OF COLUMBIA APPROPRIATION ACT, APPROVED JULY 15, 1939, UNDER THE CAPTION COMMUNITY CENTER DEPARTMENT PROVIDES IN PART:

"FOR PERSONAL SERVICES OF THE DIRECTOR, GENERAL SECRETARIES, AND COMMUNITY SECRETARIES IN ACCORDANCE WITH THE ACT APPROVED JUNE 4, 1924 (43 STAT. 369, 370); CLERKS AND PART-TIME EMPLOYEES INCLUDING JANITORS ON ACCOUNT OF MEETINGS OF PARENT-TEACHER ASSOCIATIONS AND OTHER ACTIVITIES; DIRECTORS, SUPERVISORS, AND OTHER PLAYGROUND PERSONNEL, AT RATES OF PAY TO BE FIXED BY THE BOARD OF EDUCATION WITHOUT REFERENCE TO THE CLASSIFICATION ACT OF 1923, AS AMENDED, AND CONTINGENT EXPENSES, EQUIPMENT, SUPPLIES, AND LIGHTING FIXTURES, $255,320: PROVIDED, THAT THE ACTIVITIES PROVIDED FOR UNDER THIS APPROPRIATION SHALL BE OPERATED UNDER THE JOINT CONTROL, SUPERVISION, AND DIRECTION OF THE COMMISSIONERS OF THE DISTRICT OF COLUMBIA AND THE BOARD OF EDUCATION.'

THE FIRST PART OF THIS LANGUAGE IS CONTAINED IN THE 1939 AND PRIOR APPROPRIATION ACTS.

THE ACT OF JUNE 4, 1934, PROVIDES IN PERTINENT PART:

" COMMUNITY CENTER DEPARTMENT, DIRECTOR.

"A BASIC SALARY OF $3,200.00 PER YEAR WITH AN ANNUAL INCREASE IN SALARY OF $100.00 FOR THREE YEARS OR UNTIL A MAXIMUM SALARY OF $3,500.00 PER YEAR IS REACHED.'

THE RECORDS INDICATE THAT MRS. PEEPLES HAD BEEN EMPLOYED AS A TEACHER IN THE PUBLIC SCHOOLS DURING THE PERIOD SEPTEMBER 1, 1920, TO JUNE 24, 1931, AND THAT THERE HAD BEEN DEDUCTED FROM HER SALARY FOR THE BENEFIT OF THE TEACHERS' RETIREMENT FUND, INCLUDING ACCRUED INTEREST, $1,469.85; THAT THIS AMOUNT WAS REFUNDED TO HER UPON SEPARATION FROM THE TEACHING SERVICE AND THAT ON JANUARY 11, 1932, SHE PURCHASED SERVICE CREDIT IN THE CIVIL SERVICE RETIREMENT FUND FOR THE SAME PERIOD OF SERVICE, $884.33.

EFFECTIVE JUNE 25, 1931, MRS. PEEPLES WAS TRANSFERRED FROM THE TEACHING SERVICE TO THE POSITION OF DIRECTOR OF COMMUNITY CENTERS, WHICH POSITION SHE HELD UNTIL JULY 15, 1939, WHEN SHE WAS TRANSFERRED BY THE BOARD OF EDUCATION TO THE POSITION OF ADMINISTRATIVE PRINCIPAL IN THE E. V. BROWN ELEMENTARY SCHOOL, SALARY CLASS 7, AS PROVIDED IN THE TEACHERS' SALARY ACT OF JUNE 24, 1934. THE FACT IS, OF COURSE, THAT THE DIRECTOR, GENERAL SECRETARIES, AND COMMUNITY SECRETARIES UNDER THE COMMUNITY CENTER DEPARTMENT WERE NOT CONSIDERED TEACHERS, OR SUBJECT TO THE TEACHERS' RETIREMENT LAW, AND SINCE THE ENACTMENT OF THE CIVIL SERVICE RETIREMENT ACT OF MAY 22, 1920, AS AMENDED, HAVE BEEN SO TREATED. MISS SIBYL BAKER, WHO UNTIL JULY 1, 1939, WAS SUPERVISOR OF PLAYGROUNDS AND WHO HAS BEEN APPOINTED DIRECTOR OF COMMUNITY CENTERS, IS IN A SIMILAR STATUS.

IN YOUR DECISION TO THE COMMISSIONERS, D.C. (17 COMP. GEN. 950), THERE WAS INVOLVED A QUESTION OF CREDIT FOR TEACHING SERVICE AFTER THERE HAD BEEN A BREAK IN SUCH SERVICE FOR MORE THAN FIVE YEARS, AND YOUR OFFICE DENIED CREDIT FOR PREVIOUS SERVICE UNDER THESE CONDITIONS. HOWEVER, IN THIS CASE THERE IS INVOLVED THE QUESTION OF WHETHER MRS. PEEPLES WAS PROPERLY CLASSIFIED AND SHOULD NOT HAVE BEEN CONTINUED AS A TEACHER SUBJECT TO THE PROVISIONS OF THE TEACHERS' RETIREMENT ACT OF JANUARY 15, 1920, AS AMENDED, FOR HER ENTIRE SERVICE.

THE SCHOOL OFFICIALS HAVE REPORTED THAT:

"THE DUTIES OF MRS. ELIZABETH K. PEEPLES AS COMMUNITY CENTER DIRECTOR, I WISH TO SAY THAT THE EDUCATIONAL PHASE (ONE OF THE FOUR SET UP BY CONGRESS --- CIVIC, EDUCATIONAL, RECREATIONAL, AND SOCIAL), FORM A MOST IMPORTANT PART OF HER DUTIES.

"EDUCATIONAL CLASSES OF ALL TYPES, FROM JUVENILE TO ADULT, WERE ORGANIZED, MAINTAINED, AND SUPERVISED BY MRS. PEEPLES. THESE CLASSES INVOLVED THE TEACHING ACT JUST THE SAME AS THE REGULAR DAY SCHOOL CLASSES AND MRS. PEEPLES HAD THESE TEACHERS UNDER HER DIRECT CHARGE JUST AS THE HEAD OF DEPARTMENT IN OUR DAY SCHOOLS HAS TEACHERS UNDER HIS DIRECT CHARGE AND SUPERVISES THEIR INSTRUCTION. IN FACT, WE FEEL THAT THE EDUCATIONAL PHASE OF THE COMMUNITY CENTER WORK WAS MOST VITAL AND IMPORTANT AND DO NOT BELIEVE IT COULD BE SUCCESSFUL UNLESS SUPERVISED BY ONE TRAINED IN THE ART OF TEACHING.

"IT IS A MATTER OF NOTE THAT THE EDUCATIONAL SIDE OF THE COMMUNITY CENTER WORK WAS PARTICULARLY SPECIFIED BY CONGRESS IN SETTING UP THE COMMUNITY CENTER DEPARTMENT UNDER THE DIRECTION OF THE BOARD OF EDUCATION, AND THE BOARD OF EDUCATION HAS ADMINISTERED THE PROGRAM DURING OUT-OF-SCHOOL HOURS AS A PURELY EDUCATIONAL FEATURE OF ITS WORK.'

THE COMMISSIONERS WOULD APPRECIATE EARLY ADVICE FROM YOU AS TO WHETHER MRS. PEEPLES MAY (1) PURCHASE CREDIT FOR THE ENTIRE AMOUNT REFUNDED TO HER AT THE TIME OF HER TRANSFER FROM THE TEACHING SERVICE TO THE COMMUNITY CENTER DEPARTMENT OF $1,469.85 AND IF SO, WHETHER THERE SHOULD BE ADDED 4 PERCENT INTEREST FOR THE TIME WHE WAS CARRIED AS DIRECTOR OF COMMUNITY CENTER, AND (2) MAY MRS. PEEPLES UNDER THE CIRCUMSTANCES PURCHASE SERVICE CREDIT IN THE PUBLIC SCHOOL SYSTEM UNDER THE TEACHERS' RETIREMENT ACT FOR THE PERIOD JUNE 25, 1931, TO JULY 15, 1939, WHEN SHE WAS TRANSFERRED BACK TO THE TEACHING SERVICE?

WHETHER AN EMPLOYEE IS ENTITLED TO RETIREMENT UNDER ANY PARTICULAR RETIREMENT ACT IS FOR DETERMINATION PRIMARILY BY THE HEAD OF THE ESTABLISHMENT CHARGED WITH THE DUTY OF ADMINISTERING THE APPLICABLE RETIREMENT ACT. 18 COMP. GEN. 955. ACCORDINGLY, THIS OFFICE WILL NOT ATTEMPT AN AUTHORITATIVE DECISION AS TO THE STATUS OF MRS. PEEPLES FOR RETIREMENT PURPOSES FOR ANY PERIOD OF HER SERVICE.

SECTION 9 OF THE TEACHERS' RETIREMENT ACT OF JUNE 11, 1926, 44 STAT. 729, PROVIDES AS FOLLOWS:

THAT UPON SEPARATION OF ANY TEACHER FROM THE SERVICE OF THE PUBLIC SCHOOLS OF THE DISTRICT OF COLUMBIA, EXCEPT FOR RETIREMENT UNDER SECTION 3 OR SECTION 4, HE SHALL RECEIVE THE AMOUNT OF HIS DEDUCTIONS, TOGETHER WITH THE INTEREST THEN CREDITED THEREON.

NO TEACHER WHO SHALL WITHDRAW THE AMOUNT OF HIS DEDUCTIONS UNDER THIS SECTION SHALL, AFTER REINSTATEMENT, BE ENTITLED TO CREDIT FOR PREVIOUS SERVICE UNLESS HE SHALL DEPOSIT IN THE FUND THE AMOUNT SO WITHDRAWN BY HIM: PROVIDED, THAT THE AMOUNT REQUIRED TO BE SO DEPOSITED MAY BE PAID BY THE TEACHER, IF HE SO ELECTS, IN ANY NUMBER OF MONTHLY INSTALLMENTS, NOT EXCEEDING ONE HUNDRED, WITH INTEREST AT 4 PERCENTUM, COMPOUNDED ANNUALLY, BUT NO CREDIT FOR PREVIOUS SERVICE SHALL BE GIVEN IN ANY CASE OF REINSTATEMENT WHERE THE TEACHER HAS BEEN SEPARATED FROM TEACHING SERVICE IN ANY PUBLIC SCHOOL SYSTEM FOR MORE THAN FIVE YEARS.

SECTION 13 OF THE SAME ACT DEFINES THE TERM "TEACHER" AS USED IN SAID ACT, AS FOLLOWS:

THAT THE TERM "TEACHER," UNDER THIS ACT, SHALL INCLUDE ALL TEACHERS PERMANENTLY EMPLOYED BY THE BOARD OF EDUCATION IN THE PUBLIC DAY SCHOOLS OF THE DISTRICT OF COLUMBIA, INCLUDING OTHER EDUCATIONAL EMPLOYEES WHOSE SALARIES ARE ESTABLISHED IN THE ACT APPROVED JUNE 20, 1906, AND ACTS AMENDATORY THEREOF, EXCEPT THE EMPLOYEES OF THE COMMUNITY CENTER DEPARTMENT AND THE DEPARTMENT OF SCHOOL ATTENDANCE AND WORK PERMITS; * * * ( ITALICS SUPPLIED.)

WHILE THE SCHOOL OFFICIALS HAVE ATTEMPTED TO DRAW AN ANALOGY BETWEEN THE DUTIES OF MRS. PEEPLES AS COMMUNITY CENTER DIRECTOR AND THOSE OF REGULAR SCHOOL TEACHERS OF THE PUBLIC SCHOOLS OF THE DISTRICT OF COLUMBIA WITH THE VIEW TO ESTABLISHING THAT SHE WAS FOR ALL INTENTS AND PURPOSES A TEACHER WITHIN THE MEANING OF THE TEACHERS' RETIREMENT ACT, IT APPEARS TO HAVE BEEN THE VIEW OF THE COMMISSIONERS THAT MRS. PEEPLES WAS NOT CONSIDERED AND TREATED AS A TEACHER SUBJECT TO THE TEACHERS' RETIREMENT LAW DURING THE PERIOD SHE RENDERED SERVICES AS DIRECTOR OF THE COMMUNITY CENTER DEPARTMENT. THE COMMISSIONERS' VIEW IN THIS MATTER APPEARS TO BE IN ACCORD WITH THE DEFINITION OF THE TERM "TEACHER," SUPRA, WHICH EXPRESSLY EXCLUDES "EMPLOYEES OF THE COMMUNITY CENTER DEPARTMENT" WHICH LATTER CLASS OF EMPLOYEES UNQUESTIONABLY INCLUDES THE DIRECTOR, AS WELL AS OTHER PERSONNEL OF THE COMMUNITY CENTER DEPARTMENT. THAT VIEW SEEMS FURTHER SUPPORTED BY THE FACT THAT THE WORD "TEACHER," AS DEFINED IN THE STATUTE, SUPRA, COVERS TEACHERS PERMANENTLY EMPLOYED BY THE BOARD OF EDUCATION IN THE PUBLIC DAY SCHOOLS, WHEREAS THE STATEMENT OF THE SCHOOL OFFICIALS QUOTED ON PAGE 4 OF YOUR LETTER IS TO THE EFFECT THAT THE BOARD OF EDUCATION HAS ADMINISTERED THE PROGRAM OVER WHICH MRS. PEEPLES HAD CHARGE AND SUPERVISION DURING OUT OF SCHOOL HOURS, SUGGESTING THAT THE DUTIES OF MRS. PEEPLES WERE NOT "IN THE PUBLIC DAY SCHOOLS" WITHIN THE MEANING OF THE TERM "TEACHER" AS DEFINED IN THE STATUTE. IT WOULD SEEM TO FOLLOW, THEREFORE, THAT MRS. PEEPLES' SERVICE AS DIRECTOR OF THE COMMUNITY CENTER DEPARTMENT FROM JUNE 24, 1931, TO JULY 15, 1939, WAS NOT "TEACHING SERVICE" AND THAT SHE WAS NOT A TEACHER DURING THAT PERIOD. THAT BEING SO, YOUR FURTHER CONCLUSION THAT FOR THE PERIOD DURING WHICH MRS. PEEPLES SERVED AS DIRECTOR OF THE COMMUNITY CENTER DEPARTMENT SHE BECAME SUBJECT TO THE PROVISIONS OF THE CIVIL RETIREMENT ACT IS JUSTIFIED WHEN VIEWED IN THE LIGHT OF THE PROVISIONS OF SECTION 3 OF THE CIVIL RETIREMENT ACT OF MAY 29, 1930, 46 STAT. 470-471, READING IN PERTINENT PART, AS FOLLOWS:

THIS ACT SHALL APPLY TO THE FOLLOWING EMPLOYEES AND GROUPS OF EMPLOYEES:

(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. ( ITALICS SUPPLIED.)

IF MRS. PEEPLES' STATUS WERE THAT OF A SCHOOL TEACHER DURING THE PERIOD SHE SERVED AS DIRECTOR OF THE COMMUNITY CENTER DEPARTMENT, SHE WOULD, UNDER THE PLAIN TERMS OF THE LAW, HAVE BEEN EXCLUDED FROM THE PROVISIONS OF THE CIVIL RETIREMENT ACT ABOVE QUOTED, BUT IT IS EVIDENT THAT THE OFFICIAL CHARGED WITH THE ADMINISTRATION OF SAID ACT DID NOT REGARD HER STATUS DURING THE INVOLVED PERIOD AS THAT OF TEACHER. IN OTHER WORDS, HER STATUS DURING THE PERIOD FROM JUNE 24, 1931, TO JULY 15, 1939, WAS REGARDED AS OTHER THAN THAT OF A TEACHER NOT ONLY BY THE AGENCY CHARGED WITH THE ADMINISTRATION OF THE TEACHER'S RETIREMENT ACT, BUT ALSO BY THE AGENCY CHARGED WITH THE ADMINISTRATION OF THE CIVIL RETIREMENT ACT; AND THERE APPEARS NO PROPER BASIS FOR QUESTIONING AT THIS TIME THE DETERMINATION OF THE TWO AGENCIES WITH RESPECT TO THE MATTER. CONSEQUENTLY, IT WOULD APPEAR THAT MRS. PEEPLES MUST BE REGARDED AS HAVING BEEN "SEPARATED FROM TEACHING SERVICE IN ANY PUBLIC SCHOOL SYSTEM FOR MORE THAN 5 YEARS," WITHIN THE MEANING OF THOSE WORDS AS USED IN SECTION 9 OF THE TEACHERS' RETIREMENT ACT AND, ACCORDINGLY, IS NOT ENTITLED TO PURCHASE LONGEVITY CREDIT FOR RETIREMENT PURPOSES UNDER THE TEACHERS' RETIREMENT ACT FOR ANY PERIOD PRIOR TO HER REAPPOINTMENT AS TEACHER ON JULY 15, 1939. 17 COMP. GEN. 950.