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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

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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 sepa. ration 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 amend-
ment of section should be effective as of Jan. 1, 1940.
Ex. ORD. No. 9047. EXEMPTION FROM OPERATION OF AUTOMATIC SEPARATION

Ex. Ord. No. 9047, SS 1, 2, January 30, 1942, 7 F. R. 629 provided as follows:

“1. All officers nd employees in Exec ive 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.

§ 715c. Continuance in service for less than thirty-one days after reaching retirement age; date of beginning of annuityAll officers and employees of the United States Government or of the government of the District of Columbia who had reached the retirement age prescribed for automatic separation from the service on or before July 1, 1932, or during the month of July 1932, and who were continued in active service for a period of less than thirty-one days after June 30, 1932, shall be regarded as having been retired and entitled to annuity beginning with the day following the date of separation from active service, instead of August 1, 1932, and the United States Civil Service Commission is hereby authorized and directed to make payments accordingly from the civil-service retirement and disability fund to those persons entitled and who make application therefor. (Aug. 28, 1935, ch. 791, 49 Stat. 941.)

$ 716. Application for retirement.-Applications for annuity shall be in such form as the Civil Service Commission may prescribe, and shall be supported by such certificates from the heads of departments, branches, or independent offices of the Government in which the applicant has been employed as may be necessary to the determination of the rights of the applicant. (May 22, 1920, ch. 195, § 7, 41 Stat. 617; July 3, 1926, ch. 801, § 13, 44 Stat. 912; May 29, 1930, ch. 349, § 13, 46 Stat. 476; July 3, 1930, ch. 863, § 2, 46 Stat. 1016; Ex. Ord. No. 6670, Apr. 7, 1934.)

8 717. Same; determination; certificate of retirement.-Upon receipt of satisfactory evidence the Civil Service Commission shall forthwith adjudicate the claim of the applicant, and if title to annuity be established, a proper certificate shall be issued to the annuitant. (May 22, 1920, ch. 195, § 7, 41 Stat. 618; July 3, 1926, ch. 801, § 13, 44 Stat. 912; May 29, 1930, ch. 349, § 13, 46 Stat. 476; July 3, 1930, ch. 863, § 2, 46 Stat. 1016; Ex. Ord. No. 6670, Apr. 7, 1934.)

§ 718. Commencement and duration of annuity.-Annuities granted under this chapter for retirement under the provisions of section 691 of this title shall commence from the date of separation from the service and shall continue during the life of the annuitant. Annuities granted under the provisions of sections 710-714, 716-718, 725, 733, 735, and 736 of this title shall be subject to the limitations specified in said sections. (May 22, 1920, ch. 195, § 7, 41 Stat. 618; July 3, 1926, ch. 801, § 13, 44 Stat. 912; May 29, 1930, ch. 349, § 13, 46 Stat. 476.)

§ 7184. Definition of annuitant. The term "annuitant” as used in this chapter shall include any employee who has met all requirements of the chapter for title and has filed claim herefor, notwithstanding final administrative action was not taken by the Civil Service Commission prior to his death. Nothing in sections 716-718a and 725 of this title shall be so construed as to reduce any benefit otherwise payable. (May 22, 1920, ch. 195, $ 7, 41 Stat. 618, as amended July 3, 1926, ch. 801, $ 13, 44 Stat. 912; May 29, 1930, ch. 349, § 13, 46 Stat. 476; Jan. 24, 1942, ch. 16, § 9, 56 Stat. 17.)

CODIFICATION Section is from a paragraph of act May 29, 1930, § 13, cited to text, which paragraph was added by act Jan. 24, 1942, also cited. The former act purported to be a general amendment of act July 3, 1926, cited to text which in turn purported to be a general amendment of act May 22, 1920, also cited.

CONSTRUCTION AND EFFECTIVE DATE Act Jan. 24, 1942, § 9, cited to text, was made "effective from January 1, 1940,” by the enacting words thereof. For general effective date of that act, see note under section 691 of this title.

Construction of act Jan. 24, 1942, cited to text with regard to rights of persons separated prior thereto, see note under section 691 of this title.

8719. Deductions from salaries; amount; civil-service retirement and disability fund.-Beginning as of July 1, 1926, there shall be deducted and withheld from the basic salary, pay, or compensation of each employee to whom this chapter applies a sum equal to 342 per centum of such employee's basic salary, pay, or compensation: Provided, That after June 30, 1942, there shall be deducted and withheld from the basic salary, pay, or compensation of any officer or employee to whom this chapter applies a sum equal to 5 per centum of such officer's or employee's basic salary, pay, or compensation. The amounts so deducted and withheld from the basic salary, pay, or compensation of each employee shall, in accordance with such procedure as may be prescribed by the Comptroller General of the United States, be deposited in the Treasury of the United States to the credit of the "civil-service retirement and disability fund” created by this chapter, and said fund is hereby appropriated for the payment of annuities, refunds, and allowances as provided in said chapter. (As amended July 3, 1926, ch. 801, § 10, 44 Stat. 910; May 29, 1930, ch. 349, § 10, 46 Stat. 475; Jan. 24, 1942, ch. 16, § 7, 56 Stat. 16.)

AMENDMENTS 1942—Act Jan. 24, 1942, cited to text, added proviso in first sentence.

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.

8 719-1. Voluntary deposit of additional sums; refund in event of death.—Any employee may at his option and under such regulations as may be prescribed by the Civil Service Commission deposit additional sums in multiples of $25 but not to exceed 10 per centum per annum of his annual basic salary, pay, or compensation, for service rendered since August 1, 1920, which amount together with interest thereon at 3 per centum per annum compounded as of June 30 of each year, shall, at the date of his retirement, be available to purchase, as he shall elect and in accordance with such rules and regulations as may be prescribed by the Civil Service Commission with the approval of the Board of Actuaries, in addition to the annuity provided by this chapter, an annuity according to the experience of the civil-service retire ment and disability fund as may from time to time be set forth in tables of annuity values by the Board of Actuaries based on

an interest rate of 4 per centum. In the event of death or separation from the service of such employee before becoming eligible for retirement on annuity, the total amount so deposited with interest at 3 per centum per annum compounded on June 30 of each year shall be refunded in accordance with the provisions of section 724 of this title. (May 29, 1930, ch. 349, § 10, as added Aug. 4, 1939, ch. 426, § 4, 53 Stat. 1202.)

EFFECTIVE DATE Act Jan. 24, 1942, § 9, cited to text, was made "effective from January 1, by section 5 of said act.

$ 720. Investment of fund.—The Secretary of the Treasury shall invest from time to time, in interest-bearing securities of the United States or Federal farm-loan bonds, such portions of the "civil-service retirement and disability fund” as in his judgment may not be immediately required for the payment of annuities, refunds, and allowances as herein provided, and the income derived from such investments shall constitute a part of said fund for the purpose of paying annuities and of carrying out the provisions of section 724 of this title. (May 22, 1920, ch. 195, $ 8, 41 Stat. 618; July 3, 1926, ch. 801, § 11, 44 Stat. 910; May 29, 1930, ch. 349, § 11, 46 Stat. 476.)

§ 721. Contributions, donations, etc., to supplement contributions by employees.—The Secretary of the Treasury is hereby authorized and empowered in carrying out the provisions of this chapter to supplement the individual contributions of employees with moneys received in the form of donations, gifts, legacies, or bequests, or otherwise, and to receive, deposit, and invest for the purposes of said chapter all moneys which may be contributed by private individuals or corporations or organizations for the benefit of civil-service employees generally. (May 22, 1920, ch. 195, § 8, 41 Stat. 618; July 3, 1926, ch. 801, § 10, 44 Stat. 910; May 29, 1930, ch. 349, $ 10, 46 Stat. 475.)

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.

8 722. Consent of employee to deductions deemed given.Every employee coming within the provisions of this chapter shall be deemed to consent and agree to deductions from salary, pay, or compensation as provided herein, and payment less such deductions shall be a full and complete discharge and acquitance of all claims and demands whatsoever for all regular services rendered by such employee during the period covered by such payment, except the right to the benefits to which he shall be entitled under the provisions of said chapter, notwithstanding the provisions of sections 167 and 168 of the Revised Statutes of the United States, and section 43 of this title, and of any other law, rule, or regulation affecting the salary, pay, compensation of any person or persons employed in the civil service to whom this chapter applies. (May 22, 1920, ch. 195, § 9, 41

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