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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 12 (5 U. S. C., sec. 724] of this Act. (May 22, 1920, sec. 8, 41 Stat. 618; July 3, 1926, sec. 11, 44 Stat. 910; May 29, 1930, sec. 11, 46 Stat. 476; 5 U. S. C., sec. 720.)

242. Returns of amounts deducted from salaries.-(a) Under such regulations as may be prescribed by the Civil Service Commission the amounts deducted and withheld from the basic salary, pay, or compensation of each employee for credit to the “civil-service retirement and disability fund” created by the Act of May 22, 1920 (5 U. S. C., ch. 14), covering service during the period from August i, 1920, to the effective date of this Act, shall be credited to an individual account of such employee, to be maintained by the department or office by which he is employed and the amounts deducted and withheld from the basic salary, pay, or compensation of each employee for credit to the “civil-service retirement and disability fund” covering service from and after the effective date of this Act, less the sum of $1 per month or major fraction thereof, shall similarly be credited to such individual account.

(b) In the case of any employee to whom this Act applies who shall be transferred to a position not within the purview of the Act or who shall become absolutely separated from the service before becoming eligible for retirement on annuity, the amount credited to his individual account shall be returned to such employee together with interest at 4 per centum per annum compounded on June 30 of each year: Provided, That when any employee becomes involuntarily separated from the service, not by removal for cause on charges of misconduct or delinquency, the total amount of his deductions with interest thereon shall be paid to such employee: And provided further, That all money so returned to an employee must, upon reinstatement, retransfer, or reappointment to a position coming within the purview of this Act, be redeposited with interest before such employee may derive any benefits under this Act, except as provided in this section, but interest shall not be required covering any period of separation from the service.

(c) In case an annuitant shall die without having received in annuities purchased by the employee's contributions as provided in (2) of section 4 of this Act [5 U. S. C., sec. 698] an amount equal to the total amount to his credit at time of retirement, the amount remaining to his credit and any accrued annuity shall be paid, upon the establishment of a valid claim therefor, in the following order of precedence:

First, to the beneficiary or beneficiaries designated in writing by such annuitant and recorded on his individual account;

Second, if there be no such beneficiary, to the dúly appointed executor or administrator of the estate of such annuitant;

Third, if there be no such beneficiary or executor or administrator, payment may be made, after the expiration of thirty days from the date of the death of the annuitant, to such person or persons as may appear in the judgment of the Civil Service Com

mission to be legally entitled thereto, and such payment shall be a bar to recovery by any other person.

In the case of an annuitant who has elected to receive an increased annuity as provided in section 4 of this Act [5 U. S. C., sec. 698), the amount to be paid under the provisions of this subsection shall be only the accrued annuity.

(d) In case an employee shall die without having attained eligibility for retirement or without having established a valid claim for annuity, the total amount of his deductions with interest thereon shall be paid, upon the establishment of a valid claim therefor, in the following order of precedence:

First, to the beneficiary or beneficiaries designated in writing by such employee and recorded on his individual account;

Second, if there be no such beneficiary, to the duly appointed executor or administrator of the estate of such employee;

Third, if there be no such beneficiary or executor or administrator, payment may be made, after the expiration of thirty days from the date of the death of the employee, to such person or persons as may appear in the judgment of the Civil Service Commission to be legally entitled thereto, and such payment shall be a bar to recovery by any other person.

(e) In case a former employee entitled to the return of the amount credited to his individual account shall become legally incompetent, the total amount due may be paid to a duly appointed guardian or committee of such former employee. If the amount of refund due such former employee does not exceed $1,000, and if there has been no demand upon the Civil Service Commission by a duly appointed guardian or committee, payment may be made, after the expiration of thirty days from date of separation from the service, to such person or persons, in the discretion of the Commission, who may have the care and custody of such former employee, and such payment shall be a bar to recovery by any other person.

(f) Each employee or annuitant to whom this Act applies may, under regulations prescribed by the Civil Service Commission, designate a beneficiary or beneficiaries to whom shall be paid, upon the death of the employee or annuitant any sum remaining to his credit (including any accrued annuity) under the provisions of this Act. (May 22, 1920, sec. 11, 41 Stat. 619; Feb. 14, 1922, sec. 1, 42 Stat. 364; May 27, 1924, 43 Stat. 176; July 3, 1926, sec. 12, 44 Stat. 911; May 29, 1930, sec. 12, 46 Stat. 476; July 3, 1936, sec. 2, 46 Stat. 1017; Apr. 7, 1933, Executive Order 6670; June 22, 1934, secs. 1-4, 48 Stat. 1201; 5 U.S. C., sec. 724.)

243. Payment of annuities and form of application.—Annuities granted under the terms of this Act shall be due and payable in monthly installments on the first business day of the month following the month or other period for which the annuity shall have accrued, and payment of all annuities, refunds, and allowances granted hereunder shall be made by checks drawn and issued by the disbursing clerk for the payment of pensions in such form and manner and with such safeguards as shall be prescribed by the Civil Service Commission in accordance with the laws, rules, and regulations governing accounting that may be found applicable to such payments.

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. 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 under the seal of the Civil Service Commission.

Annuities granted under this Act for retirement under the provisions of section 1 of this Act [5 U. S. C., sec. 691] 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 6 and 7 hereof [5 U. S. C., secs. 710, 711, 712, 713, 714, 733, 735, 736] shall be subject to the limitations specified in said sections (July 3, 1926, sec. 13, 44 Stat. 912; May 29, 1930, sec. 13, 46 Stat. 476; Apr. 7, 1933, Executive Order 6670; 5 U. S. C., secs. 725, 716, 718.)

244. Credit for services beyond purview of act. Employees who have gone from employment within the purview of this Act to other employment under the Government and have returned to a position under the purview of this Act shall have the time of such other service included in the computation for his retirement: Provided, That such employee shall contribute to the retirement fund upon reentering such employment within the purview of this Act an amount, including interest, equivalent to that which would have been paid if such employee had continued in such employment. (May 22, 1920, sec. 10, 41 Stat. 618; July 3, 1926, sec. 14, 44 Stat. 912; May 29, 1930, sec. 14, 46 Stat. 476; 5 T. S. C., sec. 723.)

245. Duties of the Civil Service Commission.—The Civil Service Com. mission shall keep a record of appointments, transfers, changes in grade, separations from the service, reinstatements, loss of pay, and such other information concerning individual service as may be deemed essential to a proper determination of rights under this Act; and shall prepare and keep all needful tables and records required for carrying out the provisions of this Act, including data showing the mortality experience of the employees in the service and the percentage of withdrawals from such service, and any other information that may serve as a guide for future valuations and adjustments of the plan for the retirement of employees under this Act. (May 22, 1920, sec. 13, 41 Stat. 619; Feb. 14, 1922, sec. 2, 42 Stat. 365; July 3, 1926, sec. 15, 44 Stat. 912; May 29, 1930, sec. 15, 46 Stat. 478; July 3, 1930, sec. 2, 46 Stat. 1016; 5 U.S. C., sec. 727.)

246. Board of actuaries.—The Civil Service Commission is hereby authorized and directed to select three actuaries, one of whom shall be the Government actuary, to be known as the Board of Actuaries, whose duty it shall be to annually report upon the actual operations of this Act, with authority to recommend to the Civil Service Commission such changes as in their judgment may be deemed necessary to protect the public interest and maintain the system upon a sound financial basis, and they shall make a valuation of the “civil-service retirement and disability fund” at intervals of five years, or oftener if deemed necessary by the Civil Service Commission; they shall also

prepare such tables as may be required by the Civil Service Commission for the purpose of computing annuities under this Act. The compensation of the members of the Board of Actuaries, exclusive of the Government actuary, shall be fixed by the Civil Service Commission. (May 22, 1920, sec. 16, 41 Stat. 620; July 3, 1926, sec. 16, 44 Stat. 912; May 29, 1930, sec. 16, 46 Stat. 478; Apr. 27, 1933, Executive Order 6670; 5'U. S. C., sec. 731.)

247. Administration. For the purpose of administration, except as otherwise provided herein, the Civil Service Commission be, and 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 Act into full force and effect. (May 22, 1920, sec. 4, 41 Stat. 616; July 3, 1926, sec. 17, 44 Stat. 913; May 29, 1930, sec. 17, 46 Stat. 478 July 3, 1930, sec. 2, 46 Stat. 1016; Àpr. 7, 1933; Executive Order 6670; 5 U.S. C., sec. 709.)

248. Same.—The Civil Service Commission shall make a detailed comparative report annually showing all receipts and disbursements on account of annuities, refunds, and allowances, together with the total number of persons receiving annuities and the total amounts paid them, and it shall transmit to Congress the reports and recommendations of the Board of Actuaries. (May 22, 1920, sec. 13, 41 Stat. 620; Feb. 14, 1922, sec. 2, 42 Stat. 365; July 3, 1926, sec. 17, 44 Stat. 913; May 29, 1930, sec. 17, 46 Stat. 478; July 3, 1930, sec. 2, 46 Stat. '1016; Apr. 7, 1933, Executive Order 6670; 5 U. S. C., sec. 728.)

249. Exemption from execution, and so forth.- None of the moneys mentioned in this Act shall be assignable, either in law or equity, or be subject to execution, levy, or attachment, garnishment, or other legal process. (May 22, 1920, sec. 14, 41 Stat. 620; July 3, 1926, sec. 18, 44 Stat. 913, May 29, 1930, sec. 18, 46 Stat. 479; 5 U.'S. C., sec.

729.)

250. Services rendered subsequent to June 30, 1930, credited in computing pay accruing subsequent to June 30, 1935.—That notwithstanding the suspension during the fiscal years 1933, 1934, and 1935 of the longevity increases provided for in the tenth paragraph of section 1 of the Pay Adjustment Act of 1922, the personnel (active or retired) so affected shall be credited with service rendered subsequently to June 30, 1932, in computing their active or retired pay accruing subsequently to June 30, 1935: Provided, That this section shall not be construed as authorizing the payment of back longevity pay for the fiscal years 1933, 1934, and 1935 which would have been paid during such years but for the suspension aforesaid. (June 13, 1935, Public 133, 74th Cong.)

COMPENSATION FOR INJURIES TO EMPLOYEES OF UNITED STATES

251. Disability or death of employee; willful misconduct. That the United States shall pay compensation as hereafter 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, sec. 1, 39 Stat. 742; 5 U. S. C., sec. 751.)

252. Time of accrual of right.—That during the first three days of disability the employee shall not be entitled to compensation except as provided in section nine [5 U. S. C., sec. 759). No compensation shall at any time be paid for such period. (Sept. 7, 1916, sec. 2, 39 Stat. 743; 5 U.S.C., sec. 752.)

253. Total disability.—That if the disability is total the United States shall pay to the disabled employee during such disability a monthly compensation equal to sixty-six and two-thirds per centum of his monthly pay, except as hereinafter provided. (Sept. 7, 1916, sec. 3, 39 Stat. 743; 5 U. S. C., sec. 753.)

254. Partial disability.—That if the disability is partial the United States shall pay to the disabled employee during such disability a monthly compensation equal to sixty-six and two-thirds 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 affidavit 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, sec. 4, 39 Stat. 743; 5 Ù. S. C., sec. 754.)

255. Same; employee to seek other employment.—That 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, sec. 5, 39 Stat. 743; 5 U. S.C., sec. 755.)

256. Monthly compensation for total and for partial disability; increase on basis of expectancy of earning capacity; decrease on account of old age.That 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. (Sept. 7, 1916, sec. 6, 39 Stat. 743; Feb. 12, 1927, sec. 1, 44 Stat. 1086; 5 U. S. C., sec. 756.)

257. Person receiving compensation not to receive other pay for services to Government.—That as long as the employee is in receipt of compensation under this Act [5 U. S. C., ch. 15), or, if he has been paid

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