eligible for retirement on an annuity as provided in section 698 of this title. (b) Any officer or employee to whom this chapter applies who shall have attained, or shall hereafter attain the age of sixty years and have rendered at least thirty years of service. computed as prescribed in section 707 of this title, or who shall have attained, or shall hereafter attain the age of sixty-two years and have rendered at least fifteen years of such service may, upon his own option, retire and shall be paid an annuity computed as provided in section 698 of this title. (c) The head of a department or independent Government agency concerned may request the retirement of any such officer or employee described in subsection (b) of this section who, by reason of a disqualification is unable to perform satisfactorily and efficiently the duties of his position or some other position of the same grade or class as that occupied by the employee and to which he could be assigned. No such request shall be submitted to the Civil Service Commission unless and until the said officer or employee has been notified in writing of the proposed retirement. Each such officer or employee shall, upon request by him, have opportunity for a hearing before the Civil Service Commission, at which hearing the officer or employee may appear in person or he may be represented by a person of his choice. No such officer or employee shall be so retired unless the Civil Service Commission. after examination finds that he is so disqualified. The determination of the Civil Service Commission as to whether the officer or employee shall be retired under this subsection shall be final and conclusive. Any person so retired shall be paid an annuity computed as provided in section 698 of this title. Nothing in this subsection shall be deemed to authorize any person to request the retirement of any officer or employee in the legislative branch of the Government within the classes of officers and employees which were made eligible for the benefits of this chapter by sections 693b-693d, 698b, 715d, and 719a of this title, or any employee of the office of the Architect of the Capitol. (d) Any officer or employee who has completed thirty years of service computed in accordance with the provisions of section 707 of this title and who has reached or may hereafter reach the age of fifty-five years may voluntarily retire and shall be paid an immediate life annuity beginning on the first day of the month following the date of separation from the service having a value equal to the present worth of a deferred annuity at the age of sixty years computed as provided in section 698 of this title. If none of the options provided in this section is exercised prior to the date upon which the officer or employee would otherwise be eligible for retirement from the service, the provisions of this chapter with respect to automatic separation from the service shall apply. (As amended July 3, 1926, ch. 801, § 1, 44 Stat. 904; May 29, 1930, ch. 349, § 1, 46 Stat. 468; Jan. 24, 1942, ch. 16, § 1, 56 Stat. 13; Mar. 7, 1942, ch. 166, § 16 (a), 56 Stat. 147.) AMENDMENTS 1942-Act Jan. 24, 1942, cited to text, amended section by striking out former provisions and substituting new text. Subsec. (c) was amended by act Mar. 7, 1942, cited to text, which struck out "any elective officer," after "retirement of" in last sentence thereof. CONSTRUCTION AND EFFECTIVE DATE OF ACT JAN. 24, 1942 Sections 10 and 11 of act Jan. 24, 1942, which act affected sections 691, 693, 698, 715, 718a, 719, 724, 733, 735, 736, and 736b of this title, provided as follows: "Sec. 10. Nothing in this Act shall be so construed as to affect any rights of persons separated prior to the effective date of this Act, but all such rights shall continue and may be enforced in the same manner as though this Act had not been made. "Sec. 11. This Act shall take effect upon approval except as otherwise provided herein." REIMBURSEMENT OF OFFICERS MADE INELIGIBLE BY ACT MAR. 7, 1942 Section 16 (d) of act Mar. 7, 1942, cited to text, provided as follows: "The amounts deducted and withheld from the basic salary, pay, or compensation of any officer made ineligible for the benefits of such Act of May 29, 1930, as amended (Title 5, § 691 et seq.), by the amendments made by this section to such Act of May 29, 1930 (affecting Title 5, §§ 691 (c), 693 (a), and 715 (a)), and deposited to the credit of the civil-service retirement and disability fund, and any additional amounts paid into such fund by such officer, shall be returned to such officer within thirty days after the date of enactment of this Act." HISTORY OF CIVIL SERVICE RETIREMENT ACTS Act May 22, 1920, cited to text, was the original Civil Service Retirement Act and as such was the basis of this chapter. Acts July 3, 1926, and May 29, 1930, also cited, purported to be general amendments of the 1920 act and acts amendatory thereof, and of the 1926 act, respectively; yet despite their declared purport each appears to have been treated actually as a basic act, superseding all prior enactments. Word "chapter" in this section refers to the entire act of May 29, 1930, cited to text, which affected sections 691, 693, 698, 706-715, 716-719-1, 720736, 736b, and 736c of this title. CROSS REFERENCES Automatic separation generally, see section 715 et seq. of this title. Definition of term "department" as used in this section, see note under section 693 of this title. § 693. Employees included. (a) This chapter shall apply to all officers and employees in or under the executive, judicial, and legislative branches of the United States Government, and to all officers and employees of the municipal government of the District of Columbia, except elective officers and heads of executive department: Provided, That this chapter shall not apply to any such officer or employee of the United States or of the municipal government of the District of Columbia subject to another retirement system for such officers and employees of such governments: Provided further, That this chapter shall not apply to any officer or employee in the legislative branch of the Government within the classes of officers and employees which were made eligible for the benefits of this chapter by sections 693b-693d, 698b, 715d, and 719a of this title, until he gives notice in writing to the disbursing officer by whom his salary is paid, of his desire to come within the purview of this chapter; and any officer or employee within such classes may, within sixty days after January 24, 1942, withdraw from the purview of this chapter by giving similar notice of such desire. In the case of any officer or employee in the service of the legislative branch of the Government on January 24, 1942, such notice of desire to come within the purview of this chapter must be given within the calendar year 1942. In the case of any officer or employee of the legislative branch of the Government who enters the service after January 24, 1942, such notice of desire to come within the purview of this chapter must be given within six months after the date of entrance to the service. (b) The President shall have power, in his discretion, to exclude from the operation of this chapter any officer or employee or group of officers or employees in the executive branch of the service whose tenure of office or employment is intermittent or of uncertain duration. (c) The provisions of this chapter shall not apply to employees of the Senate or the House of Representatives whose employment is temporary or of uncertain duration; and the Architect of the Capitol is authorized to exclude from the operation of this chapter any employees under the Office of the Architect of the Capitol whose tenure of employment is temporary or of uncertain duration. (As amended July 3, 1926, ch. 801, § 3, 44 Stat. 905; May 29, 1930, ch. 349, § 3, 46 Stat. 470; July 3, 1930, ch. 863, §§ 1-5, 46 Stat. 1016, 1017; June 23, 1936, ch. 728, 49 Stat. 1888; Aug. 4, 1939, ch. 426, § 1, 53 Stat. 1200; Jan. 24, 1942, ch. 16, § 3, 56 Stat. 15; Mar. 7, 1942, ch. 166, § 16 (c), 56 Stat. 147.) AMENDMENTS 1942-Act Jan. 22, 1942, cited to text, amended act May 29, 1930, also cited, by striking out all thereof and inserting in lieu thereof the material therein set out. The section had previously consisted of subsecs. (a)-(h). Subsec. (a) was amended by act Mar. 7, 1942, cited to text. REFERENCES IN TEXT Word "chapter" read "Act" in amendatory acts cited to text. CONSTRUCTION AND EFFECTIVE DATE Act Jan. 24, 1942, cited to text, effective date and construction with regard to rights of persons separated prior thereto, see note under section 691 of this title. "DEPARTMENT" IN SUBSECTION (A) DEFINED Section 1 (d) of act Mar. 7, 1942, cited to text, provided as follows: "(d) the term 'department', including such term when used in the amendment made by section 16 (section 1016 of Appendix to Title 50, amending Title 5, §§ 691, 693, and 715), means any executive department, independent establishment, or agency (including corporations) in the executive branch of the Federal Government." Said section 1 (d) was made effective from Sept. 8, 1939, until twelve months after the termination of the present war, as proclaimed by the President, by provision of section 15 of that act, constituting section 1015 of Appendix to Title 50, War. CROSS REFERENCES Reimbursement of officers made ineligible for benefits by act Mar. 7, 1942, cited to text, see note under section 691 of this title. § 698. Method of computing annuities.-(a) The annuity of an employee retired under the provisions of the preceding sections of this chapter shall be a life annuity, terminable upon the death of the annuitant and shall be composed of (1) a sum equal to $30 for each year of service not exceeding thirty: Provided, That such portion of the annuity shall not exceed three-fourths of the average annual basic salary, pay, or compensation received by the employee during any five consecutive years of allowable service at the option of the employee; nor shall such portion be less than an amount equal to the employee's purchasable annuity as provided in (2) hereof; and (2) the amount of annuity purchasable with the sum to the credit of the employee's individual account as provided in section 724 (a) hereof, together with interest of 4 per centum per annum compounded on June 30 of each year, according to the experience of the civil-service retirement and disability fund as may from time to time be set forth in tables of annuity values by the Board of Actuaries. (b) The total annuity paid shall in no case be less than an amount equal to the average annual basic salary, pay, or compensation, not to exceed $1,600 per annum, received by the employee during any five consecutive years of allowable service at the option of the employee, multiplied by the number of years of service, not exceding thirty years, and divided by forty; nor shall such total annuity paid be less than an amount equal to the average annual basic salary, pay, or compensation received by the employee during any five consecutive years of allowable service at the option of the employee, multiplied by the number of years of service, not exceeding thirty-five years, and divided by seventy. (c) Any employee at the time of his retirement may elect to receive, in lieu of the life annuity herein described, an increased annuity of equivalent value which shall carry with it a proviso that no unxpended part of the principal upon the annuitant's death shall be returned. (d) Any employee retiring under the provisions of section 691 of this title may at the time of his retirement elect to receive in lieu of the life annuity described herein a reduced annuity payable to him during his life, and an annuity after his death payable to his beneficiary, duly designated in writing and filed with the Civil Service Commission at the time of his retirement, during the life of such beneficiary (a) equal to or (b) 50 percentum of such reduced annuity and upon the death of such surviving beneficiary all payments shall cease and no further annuity shall be due or payable. The amounts of the two annuities shall be such that their combined actuarial value on the date of retirement as determined by the Civil Service Commission shall be the same as the actuarial value of the single life increased annuity with forfeiture provided by this section: Provided, That no election in lieu of the life annuity provided herein shall become effective in case an employee dies within thirty days after the effective date of retirement, and in the event of such death within this period, such death shall be considered as a death in active service. (e) For the purpose of this chapter all periods of service shall be computed in accordance with section 707 hereof, and the annuity shall be fixed at the nearest multiple of twelve. (f) The term "basic salary, pay, compensation," wherever used in the this chapter, shall be so contrued as to exclude from the operation of the chapter, all bonuses, allowances, overtime pay, or salary, pay, or compensation given in addition to the base pay of the position as fixed by law or regulations. (May 22, 1920, ch. 195, § 2, 41 Stat. 614; July 3, 1926, ch. 801, § 4, 44 Stat. 907; May 29, 1930, ch. 349, § 4, 46 Stat. 471; Aug. 4, 1939, ch. 426, § 2, 53 Stat. 1201; Jan. 24, 1942, ch. 16, § 4, 56 Stat. 16.) EFFECTIVE DATE Act August 4, 1939, cited to text, was made effective January 1, 1940, by section 5 of said act. 1942-Subsection (b) was amended by act Jan. 24, 1942, cited to text, which added matter following semicolon. CONSTRUCTION AND EFFECTIVE DATE Act Jan. 24, 1942, cited to text, effective date and construction with regard to rights of persons separated prior thereto, see note under section 691 of this title. CROSS REFERENCES Authorization of annuity payments, see section 691 of this title. History of civil service retirement acts, see note under section 693 of this title. § 706. Basic salary, pay, or compensation defined. The term "basic salary, pay, or compensation", wherever used in this chapter, shall be so construed as to exclude from the operation of the said sections all bonuses, allowances, overtime pay, or salary, pay, or compensation given in addition to the base pay of the position as fixed by law or regulation. (May 22, 1920, ch. 195, § 2, 41 Stat. 615; July 3, 1926, ch. 801, § 4, 44 Stat. 907; May 29, 1930, ch. 349, § 4, 46 Stat. 471.) REFERENCES IN TEXT The term "chapter" as used in this section refers to act of May 29, 1930, cited to text, which purported to amend act of May 22, 1920, cited to text, although the 1930 act was an entire new one. § 707. Computation of period service.-Subject to the provisions of section 736b of this title the aggregate period of service which forms the basis for calculating the amount of any benefit provided in sections 691, 693, 698, 706-715, 716-719, 720-736, 736b, and 736c of this title, shall be computed from the date of original employment, whether as a classified or an unclassified employee in the civil service of the United States, or in the service. of the District of Columbia, including periods of service at different times and in one or more departments, branches, or independent offices, or the legislative branch of the Government, and also periods of service performed overseas under the authority of the United States, and periods of honorable service in the Army, Navy, Marine Corps, or Coast Guard of the United States; in the case of an employee, however, who is eligible for and receives retired pay on account of military or naval service, the period of service upon which such retired pay is based shall not be included; in the case of an employee who is eligible for and receives a pension on account of non-service-connected disability under laws administered by the Veterans' Administration the minimum period of service necessary to entitle him to pension shall not be included; but in the case of an employee who is eligible for and receives pension or compensation under laws administered by the Veterans' Administration on account of service-connected |