or independent branch of the service of the United States under which such employee is employed shall approve in writing as shall be prescribed by the Commissioner of Pensions, such employee shall be retired on an annuity according to the provisions of section two of this act, the same as if such employee had attained the age of sixty-five years.

SEC. 4. That the head of any department or independent branch of the service of the United States may, in the interests of greater efficiency and economy, compel the retirement of any employees in the classified civil service subject to his control who has attained the age of sixty years or over, and that such employee shall be entitled to an annuity as prescribed in section two of this act, the same as if such employee had attained the age of sixty-five years.

SEC. 5. That any employee in the classified civil service under sixty years of age, upon his or her request, or upon the order of the head of the department or independent branch of the service of the United States in which such employee is employed, who has served the United States for a total period of not less than fifteen years, and who, by reason of the exigencies of the service or on account of accident or illness not due to vicious habits or intemperance, and without fault or delinquency on his or her part, has become disabled so as not to be fitted for useful and efficient service to the Government, shall be retired on an annuity as prescribed in section two of this act, the same as if such employee had attained the age of sixty-five years: Provided, however, That no employee in the classified civil service shall be retired under the provisions of this section except on the certificate of a board of examining surgeons of the Bureau of Pensions, approved by the Commissioner of Pensions and by the head of the department or independent branch in which such employee is employed. SEC. 6. That on the death of an employee in the classified civil service who has served the United States for a total period of not less than fifteen years, thereby being entitled to an annuity as prescribed in section two of this act, the same as if such employee had attained the age of sixty-five years, or who has been retired on an annuity as allowed by the provisions of this act, the widow of such deceased employee shall be entitled to receive an allowance equal to fifty per centum of the annuity to which such employee would be entitled throughout her life: Provided, however, That the said widow shall be certified by the Commissioner of Pensions to be solely or principally dependent on the earnings or annuity of the said deceased employee: And provided further, That, if the widow of such deceased employee is also an employee in the classified civil service at the time of the death of such employee, she shall not be entitled to an allowance as provided herein, nor shall she be entitled to such an allowance after date of employment should she later become an employee in said service: And provided further, That such widow must have been married to the said deceased employee for not less than five years, and they must have lived together without separation during that period to entitle the said widow to an allowance as herein provided: And provided further, That if the widow of such deceased employee marry again she shall forfeit, from the date of such marriage, all right and claim to an allowance as herein provided.

SEC. 7. That upon the death of an employee in the classified civil service who has served the United States for a total period of not less than fifteen years, thereby being entitled to an annuity as prescribed in section two of this act, the same as if such employee had attained the age of sixty-five years, or who has been retired on an annuity as allowed by the provisions of this act, each dependent child of such employee under sixteen years of age shall be entitled to receive, payable to the guardian of such child, an allowance equal to twenty per centum of the annuity to which such employee would be entitled, payable until such child shall attain the age of sixteen years: Provided, however, That the allowances to which such dependent children of such deceased employee, if there be no surviving widow, shall not together exceed the full amount of the annuity to which the deceased employee would be entitled, the allowance to be divided equally among said children, if more than five, share and share alike: And provided further, That the total amount of the allowance to which the widow and said dependent children of such deceased employee are entitled under the provisions of this act shall not together exceed the full amount of the annuity to which the deceased employee would be entitled.

SEC. 8. That for the purposes of administration, except as otherwise provided herein, the Bureau of Pensions of the Department of the Interior is hereby authorized, under the direction of the Commissioner of Pensions, to perform, or cause to be performed, any and all acts and to make such rules and regula

tions as may be necessary and proper for the purpose of carrying the provisions of this act into full force and effect.

SEC. 9. That for the purposes of this act the dependent children of a deceased employee in the classified civil service of the United States shall include, besides the legitimate children of the decedent under sixteen years of age, stepchildren and legally adopted children under sixteen years of age; that the allowance provided for such dependent children shall cease and determine upon their death, marriage, or upon their attainment of the age of sixteen years.

SEC. 10. That for the purpose of this act the period of service of an employee in the classified civil service shall be computed from original employment, whether as a classified or unclassified employee in the service of the United States, and shall include periods of service at different times and services in one or more departments, branches, or independent offices of the Government.

SEC. 11. That the provisions of this act shall apply to all persons entering the classified civil service of the United States of America after the first day of July next following the passage of this act and to all persons in the said classified civil service prior to the taking effect of this act.

SEC. 12. That any person who shall, on account of any of the provisions of this act, make a false affidavit for the purpose of obtaining or assisting any person to obtain an annuity fraudulently shall, on conviction thereof, be punished by a fine of not more than $2,000 or by imprisonment of not more than one year, or both such fine and imprisonment: Provided, however, That if the person making such false affidavit is an employee in the classified civil service such employee shall, on conviction thereof, be dismissed from said service and may also be punished by imprisonment for not more than one year, and all the benefits of this act shall cease and determine to such employee: And provided further, That if the person making such false affidavit is receiving any benefits on account of the provisions of this act such person shall, on conviction thereof, be punished by the loss of such benefits, and may also be punished by imprisonment of not more than one year.

SEC. 13. That none of the moneys mentioned in this act shall be assignable either in law or in equity nor be subject to execution, levy, or attachment, garnishment, or other legal process.

SEC. 14. That the Secretary of the Treasury is hereby authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, on warrant of the Commissioner of Pensions, a sum or sums sufficient to carry out the purposes and provisions of this act: Provided, however, That in no case shall an annuity or allowance authorized to be paid under the provisions of this act exceed the maximum sum of $600 per annum.

SEC. 15. That all laws and parts of laws inconsistent with this act are hereby repealed.

PROVISIONS OF THE BILL.

Mr. TAVENNER. The provisions of this bill are believed by the Joint Civil Service Retirement Committee to be based on the best and most recent practice as determined by a careful study of private pension systems in this country, and of the various municipal and foreign methods of superannuation retirement.

While the bill is based on actual pension practice, it has been drafted to meet the views and win the support of the public, of Congress, and of the civil-service employees' organizations. It has received strong indorsement and is promised strong support. The annuity provisions are reasonable, and pension rights of the dependent widow and children are clearly recognized. It should, however, be amended to take in laborers employed under the civil service. The bill provides as follows:

1. It shall take effect upon passage.

2. It shall include all employees in the classified civil service. 3. Service shall be computed in the aggregate, and shall include employment in any branch or department of the Government.

4. The amount of pensions shall be determined by length of service as follows:

(a) Thirty-five per cent of the average annual salary or compensation for the last 10 years for 30 or more years' service.

(b) Thirty per cent of the average salary for 25 and less than 30 years' service.

(c) Twenty-five per cent of the average salary for 20 and less than 25 years' service.

(d) Twenty per cent of the average salary for 15 and less than 20 years' service.

5. Superannuation retirement shall be as follows:

(a) Employee may retire at his own option at 65 years of age.

(b) Employee may request and be retired at 60 or more years of age upon approval of head of department.

(c) The head of department may compel retirement for superannuation at any age over 60.

6. Disability retirement shall be as follows:

Action for the retirement of any employee under 60 years of age may be initiated by the employee or the head of division where he is employed. It shall be referred to a pension board, who will decide upon the fitness of said employee for useful governmental work. If found unfitted, the employee shall then be retired, and shall be entitled to a service pension, as provided in paragraph 4.

7. Widows' and children's pensions:

The pension rights of any employee shall be continued, upon his decease, for the relief of his widow and children. His widow shall be entitled to one-half of said pension during widowhood, and each child under 16 shall be entitled to one-fifth pension, the total amount thus provided for shall not exceed the full amount to which the employee would have been entitled, had he been retired at the time of death.

8. In no case shall the maximum annuity exceed $600.