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ration from the service if subsequent to that age having a value equal to the present worth of a deferred annuity beginning at the age of sixty-two years, or at age of separation if subsequent to age sixty-two, computed as provided in section 698 of this title: Provided further, That nothing in this chapter shall be so construed as to prohibit the refund of deductions, deposits, or redeposits made prior to the effective date of this chapter with interest thereon, or of any voluntary contributions made under the provisions of sections 719, 719-1, 721, and 722 of this title, with interest: And provided further, That all moneys, except voluntary contributions, so refunded an officer or employee must be redeposited with interest before such officer or employee may derive any annuity benefits based on the service covered by the refund.

(b) Should an annuitant under the provisions of this section be reemployed in a position included in the provisions of this chapter, the annuity and any right to an immediate or deferred annuity as provided herein shall cease as of the date of such employment. If such annuitant is reemployed in any position in the service of the United States or the District of Columbia, not within the provisions of this chapter, annuity payments shall be discontinued during the period of such employment, and resumed in the same amount upon termination of such employment.

(c) Interest shall be allowed on the amount credited to such separated officer's or employee's individual account in the retirement fund at 3 per centum compounded on June 30 of each year until the beginning date of annuity. (Sept. 22, 1922, ch. 428, $S 1, 3, 4, 42 Stat. 1047, 1048, as amended July 3, 1926, ch. 801, $ 7,44 Stat. 909; May 29, 1930, ch. 349, § 7, 46 Stat. 474; Jan. 24, 1942, ch, 16, $ 5,56 Stat. 16.)

AMENDMENTS 1942—Act Jan. 24, 1942, cited to text, repealed former section 7 of act May 29, 1930, also cited, and substituted new text in lieu thereof.

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.

$ 736a. Same; involuntary separation.-Whenever at any time after June 16, 1933, and prior to July 1, 1935, any employee of the United States or the District of Columbia to whom this chapter applies, who has an aggregate period of service of at least thirty years computed as prescribed in section 707 of this title, is involuntarily separated from the service for reasons other than his misconduct, such employee shall be entitled to an annuity computed as provided in sections 698, 706 of this title payable from the civil-service retirement and disability fund less a sum equal to 312 per centum of such annuity: Provided, That when an annuitant hereunder attains the age which would have been the retirement age prescribed for automatic separation from the service applicable to such annuitant had he continued in the sery

ice to such retirement age, such deduction from the annuity shall cease. If and when any such annuitant shall be reemployed in the service of the District of Columbia or the United States (including any corporation the majority of the stock of which is owned by the United States), the right to the annuity provided by this section shall cease and the subsequent annuity rights of such person shall be determined in accordance with the applicable provisions of retirement law existing at the time of the subsequent separation of such person from the service. (June 16, 1933, ch. 101, § 8 (a), 48 Stat. 305.)

8 736b. Credit for past service.—All employees who may be brought within the purview of this chapter by legislative enactment, or by appointment, or through classification, or by transfer, or reinstatement, or Executive order, or otherwise, shall be required to deposit with the Treasurer of the United States to the credit of the "civil-service retirement and disability fund" a sum equal to 21/2 per centum of the employee's basic salary, pay, or compensation received for services rendered after July 31, 1920, and prior to July 1, 1926, and also 312 per centum of the basic salary, pay, or compensation for services rendered from and after July 1, 1926, and prior to July 1, 1942, and also 5 per centum of such basic pay, salary, or compensation for services rendered on and after July 1, 1942 together with interest computed at the rate of 4 per centum per annum compounded on June 30 of each fiscal year, but such interest shall not be included for any period during which the employee was separated from the service. All employees who may hereafter be brought within the purview of this chapter may elect to make such deposits in installments during the continuance of their service in such amounts and under such conditions as may be determined in each instance by the Civil Service Commission. The amount so deposited, less $1, for. each month, or major fraction thereof, of service after July 1, 1930, shall be credited to the employee's individual account: Provided, That failure to make such deposit shall not deprive the employee of credit for any past service rendered prior to August 1, 1920, to which he or she would otherwise be entitled: And provided further, That, notwithstanding the failure of an employee to make such deposit, credit shall be allowed for the service rendered, but the annuity of such employee shall be reduced by the amount such deposit would purchase if made, unless the employee shall elect to eliminate such service entirely from credit under this chapter. (July 3, 1926, ch. 801, $ 9, 44 Stat. 910, as amended May 29, 1930, ch. 349, § 9, 46 Stat. 475; July 3, 1930, ch. 863, § 2, 46 Stat. 1016; Ex. Ord. No. 6670, April 7, 1934; June 23, 1938, ch. 596, 52 Stat. 943; Jan. 24, 1942, ch. 16, § 6, 56 Stat. 16.)

AMENDMENTS 1942—Act Jan. 24, 1942, cited to text, inserted "and prior to July 1, 1942.

after July 1, 1942”.

*

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.

§ 736c. Benefits extended to those already retired. In the case of those who before July 1, 1930, shall have been retired on annuity under the provisions of this chapter, or as extended by Executive orders, the annuity shall be computed, adjusted, and paid under the provisions of this chapter, but said chapter shall not be so construed as to reduce the annuity of any person retired before July 1, 1930, nor shall any increase in annuity commence before said date. (July 3, 1926, ch. 801, § 8, 44 Stat. 909; May 29, 1930, ch. 349, § 8, 46 Stat. 475.)

COMPENSATION FOR INJURIES TO EMPLOYEES OF

UNITED STATES

8 751. Disability or death of employee; willful misconduct.The United States shall pay compensation as hereinafter specified for the disability or death of an employee resulting from a personal injury sustained while in the performance of his duty, but no compensation shall be paid if the injury or death is caused by the willful misconduct of the employee or by the employee's intention to bring about the injury or death of himself or of another, or if intoxication of the injured employee is the proximate cause of the injury or death. (Sept. 7, 1916, ch. 458, § 1, 39 Stat. 742.)

CROSS REFERENCES Compensation for injuries in time of peace, see sections 797 and 798 of this title.

Compensation for injury and retirement annuity not to be received for same period, see section 714 of this title.

8 752. Time of accrual of right. During the first three days of disability the employee shall not be entitled to compensation except as provided in section 759 of this title. No compensation shall at any time be paid for such period. (Sept. 7, 1916, ch. 458, § 2, 39 Stat. 743.)

8 753. Total disability.-If the disability is total, the United States shall pay to the disabled employee during such disability a monthly compensation equal to 66 2/3 per centum of his monthly pay, except as hereinafter provided. (Sept. 7, 1916, ch. 458, § 3, 39 Stat. 743.)

8 754. Partial disability; affidavit. If the disability is partial, the United States shall pay to the disabled employee during such disability a monthly compensation equal to 66 2/3 per centum

of the difference between his monthly pay and his monthly wageearning capacity after the beginning of such partial disability. The commission may, from time to time, require a partially disabled employee to make an affidavit as to the wages which he is then receiving. In such affiadvit the employee shall include a statement of the value of housing, board, lodging, and other advantages which are received from the employer as a part of his remuneration and which can be estimated in money. If the employee, when required, fails to make such affidavit, he shall not be entitled to any compensation while such failure continues, and the period of such failure shall be deducted from the period during which compensation is payable to him. (Sept. 7, 1916, ch. 458, § 4, 39 Stat. 743.)

$ 755. Same; employee to seek other employment. If a partially disabled employee refuses to seek suitable work or refuses or neglects to work after suitable work is offered to, procured by, or secured for him, he shall not be entitled to any compensation. (Sept. 7, 1916, ch. 458, § 5, 39 Stat. 743.)

§ 756. Monthly compensation for total and for partial disability; increase on basis of expectancy of productive capacity; decrease on account of age; additional compensation for necessary services of attendant.—The monthly compensation for total disability shall not be more than $116.66, nor less than $58.33, unless the employee's monthly pay is less than $58.33, in which case his monthly compensation shall be the full amount of his monthly pay. The monthly compensation for partial disability shall not be more than $116.66. In the case of persons who at the time of the injury were minors or employed in a learner's capacity and who were not physically or mentally defective, the commission shall, on any review after the time when the monthly wage-earning capacity of such persons would probably, but for the injury, have increased, award compensation based on such probable monthly wage-earning capacity. The commission may, on any review after the time when the monthly wage-earning capacity of the disabled employee would probably, irrespective of the injury, have decreased on account of old age, award compensation based on such probable monthly wage-earning capacity.

In addition to the monthly compensation the Employees' Compensation Commission may pay an injured employee awarded compensation for permanent total disability from injury an additional sum of not more than $50 a month, as the Commission may deem necessary, when the Commission shall find that the service of an attendant is necessary constantly to be used by reason of the employee being totally blind, or having lost both hands or both feet or the use thereof, or is paralyzed and unable to walk, or by reason of other total disability actually rendering him so helpless as to require constant attendance. (Sept. 7, 1916, ch. 458, § 6, 39 Stat. 743; Feb. 12, 1927, ch. 110, § 1, 44 Stat. 1086; May 13, 1936, ch. 382, 49 Stat. 1270.)

§ 757. Person receiving not to be paid for other services; pensions.--As long as the employee is in receipt of compensation under sections 751-791, 793 of this title, or, if he has been paid a

lump sum in commutation of installment payments, until the expiration of the period during which such installment payments would have continued, he shall

not receive from the United States any salary, pay, or remuneration whatsoever except in return for services actually performed, and except pensions for services in the Army or Navy of the United States: Provided, That whenever any person is entitled to receive any benefits under sections 751-791 and 793 of this title by reason of his injury, or by reason of the death of an employee, as defined in section 790 of this title, and is also entitled to receive from the United States any payments or benefits (other than the proceeds of any insurance policy), by reason of such injury or death under any other Act of Congress, because of service by him (or in the case of death, by the deceased) as an employee, as so defined, such person shall elect which benefits he shall receive. Such election shall be made within one year after the injury or death, or such further time as the Commission may for good cause allow, and when made shall be irrevocable unless otherwise provided by law. (Sept. 7, 1916, ch. 458, § 7, 39 Stat. 743; July 1, 1944, ch. 373, title VI, § 605 (a), 58 Stat. 712.)

§ 758. Employee having annual or sick leave to his credit.If at the time the disability begins the employee has annual or sick leave to his credit he may, subject to the approval of the head of the department, use such leave until it is exhausted, in which case his compensation shall begin on the fourth day of disability after the annual or sick leave has ceased. (Sept. 7, 1916, ch. 458, § 8, 39 Stat. 743.)

§ 759. Medical, surgical, and hospital service; tranportation expenses. For any injury sustained by an employee while in the performance of duty, whether or not disability has arisen, the United States shall furnish to the employee all services, appliances, and supplies prescribed or recommended by duly qualified physicians which, in the opinion of the commission, are likely to cure or to give relief or to reduce the degree or the period of disability or to aid in lessening the amount of the monthly compensation. Such services, appliances, and supplies shall be furnished by or upon the order of United States medical officers and hospitals, but where this is not practicable they shall be furnished by or upon the order of private physicians and hospitals designated or approved by the commission. For the securing of such services, appliances, and supplies, the employee may be furnished transportation, and may be paid all expenses incident to the securing of such services, appliances, and supplies, which, in the opinion of the commission, are necesasry and reasonable. All such expenses when authorized or approved by the commission shall be paid from the employees' compensation fund. Any awards heretofore made by the commission on account of expenses incurred under this section prior to June 26, 1926, shall be valid, if such award would be valid if made on account of expenses incurred under this section after June 26, 1926. (Sept. 7, 1916, ch. 458, § 9, 39 Stat. 743; June 26, 1926, ch. 695, $ 1, 44 Stat. 772.)

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