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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 re-, duced 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.

AMENDMENTS 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

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, 1910, 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, 8 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

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