disability, all honorable military or naval service shall be included; and nothing in sections 691, 693, 698, 706-715, 716-719, 720-736, 736b, and 736c of the title, shall be construed as to affect in any manner an employee's right to retired pay, pension, or compensation in addition to the annuity therein provided.

In computing length of service for the purpose of this chapter all periods of separation from the service, and so much of any leaves of absence as may exceed six months in the aggregate in any calendar year, shall be excluded, except such leaves of absence granted employees while receiving benefits under sections 751-791 and 793 of this title, and in the case of substitutes in the Postal Service credit shall be given from date of original appointment as a substitute.

In determining the aggregate period of service upon which the annuity is to be based, the fractional part of a month, if any, in the total service shall be eliminated. (May 22, 1920, ch. 195; § 3, 41 Stat. 615; July 3, 1926, ch. 801, § 5, 44 Stat. 907; May 29, 1930, ch. 349, § 5, 46 Stat. 472; Oct. 14, 1940, ch. 859, § 1, 54 Stat. 1116.).

EFFECTIVE DATE

First paragraph was amended by act Oct. 14, 1940, cited to text. Section 5 of said act Oct. 14, 1940, provided as follows: "SEC. 5. This Act shall · take effect the 1st day of the month next succeeding the date of enactment. Any person separated from the service prior to such effective date may, upon request, have his claim for retirement adjudicated under the terms of this Act; but no increase in annuity shall be allowed prior to such effective date nor shall this Act be construed so as to reduce the annuity of any person separated prior to its effective date."

§ 709. Powers and duties of Civil Service Commission.-For the purpose of administration, except as otherwise provided herein, the Civil Service Commission is hereby authorized and directed to perform, or cause to be performed, any and all acts and to make such rules and regulations as may be necessary and proper for the purpose of carrying the provisions of this chapter into full force and effect. (May 22, 1920, ch. 195, § 4, 41 Stat. 616; July 3, 1926, ch. 801, § 17, 44 Stat. 913; May 29, 1930, ch. 349, § 17, 46 Stat. 478; July 3, 1930, ch. 863, § 2, 46 Stat. 1016; Apr. 7, 1934, Ex. Ord. No. 6670.)

§ 710. Retirement for disability; employes entitled to; application; medical examination.--Any employee to whom this chapter applies who shall have served for a total period of not less than five years, and who, before becoming eligible for retirement under the conditions defined in sections 691, 693, 698, 706, 707, 715 of this title, becomes totally disabled for useful and efficient service in the grade or class of position occupied by the employee, by reason of disease or injury not due to vicious habits, intemperance, or willful misconduct on the part of the employee, shall upon his own application or upon the request or order of the head of the department, branch, or independent office concerned, be retired on an annuity computed in accordance with the provisions of section 698 of this title: Provided, That proof of freedom from vicious habits, intemperance, or willful misconduct for a period of more than five years next prior to becoming so disabled for useful and efficient service, shall not be required in any case.

No claim shall be allowed under the provisions of this section unless the application for retirement shall have been executed prior to the applicant's separation from the service or within six months thereafter: Provided, That any employee who heretofore has failed to file an application for retirement within six months after separation from the service, may file such application within three months after July 1, 1930. No employee shall be retired under the provisions of this section unless examined by a medical officer of the United States, or a duly qualified physician or surgeon, or board of physicians or surgeons, designated by the Civil Service Commission for that purpose, and found to be disabled in the degree and in the manner specified herein. The time limitation for execution of claims for retirement under the terms of this section may be waived by the Civil Service Commission in cases of employees who at the date of separation from service or within six months thereafter, are adjudged mentally incompetent, but the application in such cases must be filed with the Civil Service Commission within one year from the date of restoration of any such person to competency or the appointment of a fiduciary whichever is the earlier. In the case of any such person heretofore separted from service application may be filed within one year after the effective date of this section. (May 22, 1920, ch. 195, § 5, 41 Stat. 616; July 3, 1926, ch. 801, § 6, 44 Stat. 907; May 29, 1930, ch. 349, § 6, 46 Stat. 472; July 3, 1930, ch. 863; § 2, 46 Stat. 1016; Apr. 7, 1934, Ex. Ord. No. 6670; Aug. 4, 1939, ch. 4246, §3 (a), 53 Stat. 1202.)

EFFECTIVE DATE

Act August 4, 1939, cited to text, was made effective January 1, 1940, by section 5 of said act.

§ 711. Same; medical examination; restoration to service.— Every annuitant retired under the provisions of sections 710-714 of this title, unless the disability for which retired be permanent in character, shall at the expiration of one year from the date of such retirement and annually thereafter, until reaching retirement age as defined in section 691 of this title, be examined under the direction of the Civil Service Commission by a medical officer of the United States, or a duly qualified physician or surgeon, or board of physicians or surgeons designated by the Civil Service Commission for that purpose, in order to ascertain the nature and degree of the annuitant's disability, if any. If an annuitant shall recover before reaching retirement age and be restored to an earning capacity which would permit him to be appointed to some appropriate position fairly comparable in compensation to the position occupied at the time of retirement, payment of the annuity shall be continued temporarily to afford the annuitant opportunity to seek such available position but not in any case exceeding one year from the date of the medical examination showing such recovery. Should the annuitant fail to appear for examination, as required under this section, payment of the annuity shall be suspended until continuance of the disability shall have been satisfactorily established. The Civil Service Commission may order or direct at any time such medical or other examination as it shall deem necessary to determine the facts relative to

the nature and degree of disability of any employee retired on an annuity under this section. (May 22, 1920, ch. 195, § 5, 41 Stat. 616; July 3, 1926, ch. 801, § 6, 44 Sat. 907; May 29, 1930, ch. 349, § 6, 46 Stat. 472; July 3, 1930, ch. 863, § 2, 46 Stat. 1016; Ex. Ord. No. 6670, Apr. 7, 1934; Aug. 4, 1939, ch. 426, § 3b, 53 Stat. 1202.)

EFFECTIVE DATE

Act August 4, 1939, cited to text, was made effective January 1, 1940, by section 5 of said act.

§ 712. Same; medical examination; fees for.-Fees for examinations made under the provisions of sections 710-714 of this title, by physicians or surgeons who are not medical officers of the United States, shall be fixed by the Civil Service Commission, and such fees, together with the employee's reasonable traveling and other expenses incurred in order to submit to such examinations, shall be paid out of the appropriations for the cost of administering this chapter. (May 22, 1920, ch. 195, § 5, 41 Stat. 616; July 3, 1926, ch. 801, § 6, 44 Stat. 907; May 29, 1930, ch. 349, § 6, 46 Stat. 472; July 3, 1930, ch. 863, § 2, 46 Stat. 1016; Ex. Ord. No. 6670, Apr. 7, 1934.)

§ 713. Same; discontinuance of annuity; refund of excess of contributions over. In all cases where the annuity is discontinued under the provisions of sections 710-714 of this title before the annuitant has received a sum equal to the amount credited to his individual account as provided in section 724 (a) of this title, together with interest at 4 per centum per annum compounded on June 30 of each year, the difference, unless he shall become reemployed in a position within the purview of this chapter, shall be paid to the retired employee, as provided in section 724 (b) hereof, upon application therefor in such form and manner as the Civil Service Commission may direct. In case of reemployment in a position within the purview of this chapter the amount so refunded shall be redeposited as provided in section 724 (b) of this title. (May 22, 1920, ch. 195, § 5, 41 Stat. 617; July 3, 1926, ch. 801, § 6, 44 Stat. 907; May 29, 1930, ch. 349, § 6, 46 Stat. 472; July 3, 1930, ch. 863, § 2, 46 Stat. 1016; Ex. Ord. No. 6670, Apr. 7, 1934.)

§ 714. Compensation under chapter and compensation for injuries for same period not allowed.-No person shall be entitled to receive an annuity under the provisions of this chapter and compensation under the provisions of chapter 15 of this title, covering the same period of time; but this provision shall not be so construed as to bar the right of any claimant to the greater benefit conferred by either chapters for any part of the same period of time.

Notwithstanding any provision of law to the contrary, the right of any person entitled to an annuity under sections 691, 693, 698, 707-715, 716-718, 719, 719-1, 720-731, 733, 736b and 736c of this title shall not be affected because such person has received an award of compensation in a lump sum under section 764 of this title, except that where such annuity is payable on account of the same disability for which compensation under section 764 of this title has been paid, so much of such compensation as has

been paid for any period extending beyond the date such annuity becomes effective, as determined by the United States Employees' Compensation Commission, shall be refunded to the United States Employees' Compensation Commission, to be covered into the Employees' Compensation Fund. Before such person shall receive such annuity he shall (1) refund to such Commission the amount representing such commuted payments for such extended period, or (2) authorize the deduction of such amount from the annuity payable to him under sections 691, 693, 698, 707-715, 716-718, 719, 719-1, 720-731, 733, 736b and 736c of this title, which amount shall be transmitted to such Commission for reimbursement to such fund. Deductions from such annuity may be made from accrued and accruing payments, or may be prorated against and paid from accruing payments in such manner as the United States Employees' Compensation Commission shall determine, whenever it finds that the financial circumstances of the annuitant are such as to warrant such deferred refunding. (May 22, 1920, ch. 195, § 5, 41 Stat. 617; July 3, 1926, ch. 801, § 6, 44 Stat. 907; May 29, 1930, ch. 349, § 6, 46 Stat. 472; Dec. 23, 1944, ch. 728, 58 Stat. 927.)

§ 715. Automatic separation; notice to employee; subsequent appointment to Government position.-(a) Except as provided in sections 715a and 715d of this title, all officers or employees to whom this chapter applies shall, on the last day of the month in which they attain retirement age as defined in section 691 of this title; and having rendered at least fifteen years of service, be automatically separated from the service, and all salary, pay, or compensation shall cease from that date, and it shall be the duty of the head of each department, branch, or independent office of the Government concerned to notify each such employee under his direction of the date of his separation from the service at least sixty days in advance thereof.

(b) No person separated from the service who is receiving an annuity under the provisions of section 691 of this title shall be eligible again to appointment to any appointive office, position, or employment under the United States or of the government of the District of Columbia unless the appointing authority determines that he is possessed of special qualifications, in which event payment of his annuity shall be terminated during the period of his appointment: Provided, however, That nothing in sections 691, 693, 698, 707-715, 716-718, 719, 719-1, 720-731, 733, 736b, and 736c of this title shall be so constructed as to affect the rights of the annuitant's beneficiary if the annuitant has been receiving or had elected and was otherwise entitled to a reduced annuity under section 698 (d) of this title and dies while so reemployed or continued in the service or within thirty days after the termination of his reemployment or continuation but all such rights shall continue and may be enforced in the same manner as if the annuitant had not been reemployed or continued: And provided further, That during such reemployment or continuation there shall be deducted and withheld from the salary, pay, or compensation of such employee at each pay period a proportionate amount of the annual difference between the life annuity to

which the employee would have been entitled and the reduced annuity elected by the employee. The amounts so deducted and withheld shall be deposited in the Treasury of the United States to the credit of civil service retirement and disability fund. Any such person whose annuity is terminated shall, upon the termination of his appointment, have this subsequent annuity rights determined under the provisions of law in effect at the time of such termination. (July 3, 1926, ch. 801, § 2, 44 Stat. 905; Mar. 3, 1927, ch. 346, § 1, 44 Stat. 1380; Feb. 20, 1929, ch. 271, 45 Stat. 1248; May 29, 1930, ch. 349, § 2, 46 Stat. 469; June 30, 1932, ch. 314, § 204, 47 Stat. 404; Jan. 24, 1942, ch. 16, § 2, 56 Stat. 14; Mar. 7, 1942, ch. 166, § 16 (b), 56 Stat. 147; Dec. 19, 1944, ch. 606, § 1, 58 Stat. 815.)

AMENDMENTS

1944-Subsec. (b) amended by act Dec. 19, 1944, cited to text, which added provisos.

1942-Act Jan. 24, 1942, cited to text, struck out former provisions and substituted new text.

Subsec. (a) was amended by act Mar. 7, 1942, cited to text, which struck out a proviso excepting elective officers from application of automatic separation provisions.

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.

REFERENCES IN TEXT

Word "chapter" in this section refers to act May 29, 1930, ch. 349, 46 Stat. 468, distribution of which in this Code is shown in note under section 691 of this title.

EFFECTIVE DATE

Section 2 of act Dec. 19, 1944, cited to text, provided that the amendment of section should be effective as of Jan. 1, 1940.

Ex. ORD. No. 9047. EXEMPTION FROM OPERATION OF AUTOMATIC SEPARATION Ex. Ord. No. 9047, §§ 1, 2, January 30, 1942, 7 F. R. 629 provided as follows:

"1. All officers and employees in the Executive branch of the Government appointed by the President are hereby exempted from automatic separation from the service for an indefinite period of time not extending beyond the duration of their appointment or term of service.

"2. All officers and employees in the Executive branch of the Government not within the scope of section 1 hereof who have reached or shall reach prior to April 1, 1942, the retirement age prescribed for automatic separation from the service and are not now exempted therefrom by Executive order, are hereby exempted from automatic separation from the service until April 30, 1942: Provided, That the head of the department or agency concerned may, in his discretion, require the retirement of any such officer or employee at the end of any month prior to April 1942, except that the date of retirement shall be fixed so as to permit the allowance of any annual leave (accumulated or current) to which such officer or employee may be entitled."

CROSS REFERENCES

History of civil service retirement acts, see note under section 691 of this title.

Reimbursement of officers made ineligible for benefits by act Mar. 7, 1942, cited to text, see note under section 691 of this title.

Definition of term "department" as used in this section, see note under section 693 of this title.