§ 257.2 Applicability.

The provisions of this part apply to the Departments of the Army, Navy, and Air Force, and to the Office of the Secretary of Defense.

§ 257.3

Service of process defined.

When applied to the filing of a court action against an officer or agency of the United States, this term signifies the delivery by a U.S. marshal of a summons and complaint, by serving the United States and by delivering a copy of the summons and complaint to such officer or agency. It further signifies the delivery of a subpoena requiring a witness to appear and give testimony, or a subpoena requiring production of documents, or for any other reason whether or not the matter involves the United States.

§ 257.4 Designation.

The following officers have been designated to receive service of process on behalf of the Secretaries specified in § 257.1:

(a) Office of the Secretary of Defense: General Counsel, DoD.

(b) Department of the Army: Assistant Judge Advocate General for Civil Law.

(c) Department of the Navy: Director, Litigation Division, Navy, Judge Advocate General.

(d) Department of the Air Force: Director of Civil Law, Air Force, Judge Advocate General.

§ 257.5 Receipt of service of summons and complaint by the U.S. Marshal for the District Court of the District of Columbia.

(a) The respective Secretaries have agreed that in litigation before the U.S. District Court for the District of Columbia, service of a summons and complaint upon the Secretary of Defense, the Secretary of the Army, the Secretary of the Navy, and the Secretary of the Air Force may be accomplished by the U.S. marshal for the District Court of the District of Columbia by serving the General Counsel of the Department of the Navy or one of his designees at Room 2034, Main Navy Building, 18th and Constitution Avenue, Washington, D.C. 20360.

(b) Acceptance of process is not to be deemed to constitute an admission or

This part reissues DoD Directive 1400.13, dated October 15, 1959, to reflect changes resulting from Public Law 87172, to incorporate additional regulations; and to reflect current interpretation of various features of the regulations. DoD Directive 1400.13, dated October 15, 1959, and ASD (MP&R) multi-addressee memorandum, "Tours of Duty for Overseas Dependents Schools Personnel," dated November 22, 1960, are hereby canceled.

§ 259.2 Applicability and scope.

(a) The provisions of this part apply to the military departments and cover all teaching positions and teachers, including substitute and summer school teachers who are paid from appropriated funds.

(b) They do not apply to principals, school administrators, or others in the DoD School System whose services are required for a full calendar year.

§ 259.3 Policy.

Section 259.4 to this part contains the policies and procedures to be followed in implementing the subject matter of this part. In addition, except as otherwise provided in applicable law and by this part, the regulations issued by the U.S. Civil Service Commission for the "Excepted Service" published in the Code of Federal Regulations under Title 5, Part 21, will apply.

§ 259.4 Policies and procedures governing salaries and personnel practices applicable to teachers, certain school officers and other employees of the overseas dependents' schools of the Department of Defense.

(a) Definitions. As used herein: (1) "Teaching position" means those duties and responsibilities which

(i) Are performed on a school-year basis principally in a school operated by the Department of Defense in an overseas area for dependents of members of the armed forces and dependents of civilian employees of the Department of Defense, and

(ii) Involve-

(a) Classroom or other instruction or the supervision or direction of classroom or other instruction; or

(b) Any activity (other than teaching) which requires academic credits in eudcational theory and practice required for a bachelor's degree in education from an accredited institution of higher education; or

(c) Any activity in or related to the field of education notwithstanding that academic credits in educational theory and practice are not a formal requirement for the conduct of such activity. (2) "Teacher" means an individual(i) Who is a citizen of the United States,

(ii) Who is a civilian, and

(iii) Whose services are required on a school-year basis in a teaching position.

(3) "Substitute teacher" means a civilian who is a U.S. citizen whose services are required on a temporary or intermittent basis to perform the duties and responsibilities assigned to a teacher.

(4) "Summer school teacher" means a civilian who is a U.S. citizen whose services are required during a summer school session to perform the duties of a teaching position.

(5) "Overseas Dependents' Schools" means the schools operated by the military departments to provide primary and

secondary education for dependents of military personnel and civilian personnel employed by the Department of Defense in areas located outside the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Canal Zone, and the possessions of the United States (excluding the Trust Territory of the Pacific Islands and Midway Islands).

(b) Applicability of Civil Service Commission rules and regulations. Except as otherwise provided in applicable law and by these regulations, the regulations issued by the U.S. Civil Service Commission for the "Excepted Service," as implemented by the military departments, will apply.

(c) School year. The "school year" for teachers will consist of not more than 190 working days including not less than 175 days of classroom instruction.

(d) Responsibilities. Subject to these regulations, the Secretary of each military department will:

(1) Determine the need for and establish teaching positions in his department; (2) Establish for each such position appropriate salary rates; and

(3) Issue such regulations as he may determine to be necessary for further implementation of Public Law 86-91 (Defense Department Overseas Teachers' Pay and Personnel Practices Act), of July 17, 1959 (73 Stat. 213), as amended, and these regulations.

(e) Establishment of teaching positions. (1) Uniform classification standards will be jointly developed and adopted by the three military departments for all teaching positions.

(2) All teaching positions which involve approximately the same degree of difficulty, responsibility and training, and which should receive comparable pay treatment, will be assigned to a single level.

(3) The schedule of teaching positions will consist of as many levels as are found to be necessary to properly recognize the various significant degrees of difficulty, responsibility and training which are required in teaching positions in the overseas dependents' schools.

(4) Each level shall include titles of classes of teaching positions which are appropriate for the various categories of teaching positions which should properly be placed in the same level. To the extent appropriate, titles should be of a broad, general nature (i.e., "Classroom Teacher," "Librarian," etc.).

(f) Compensation of teaching positions (1) Basis. Rates of basic compensation for teaching positions will be fixed by the Secretaries of the Military departments in relation to rates of basic compensation for similar positions in the continental United States, exclusive of Alaska and Hawaii, but no such rate shall exceed the highest rate of basic compensation for similar positions of a comparable level of duties and responsibilities under the municipal government of the District of Columbia.

(2) Schedules. A single, coordinated, uniform compensation schedule will be jointly developed and adopted, and from time to time adjusted, as appropriate, by the three military departments, which will:

(i) List the various classes and levels of teaching positions;

(ii) For each level, establish and prescribe on a school-year basis the basic compensation step rates. At each level the schedule will also provide, in each step rate, for an appropriate additional increment for those teachers who possess a Master's degree and may provide a further increment for those who have completed a higher level of academic preparation;

(iii) Prescribe a flat daily rate for substitute teachers and summer school teachers;

(iv) Provide for appropriate additional compensation for certain extracurricular activities normally associated with elementary and secondary school programs.

(3) Rules for fixing compensation.— (i) New appointments. Each new appointment of teachers who meet minimum qualifications requirements will be made at the first numerical step rate for the level to which the employee is assigned, plus any additional increment to which he would be entitled in accordance with subparagraph (2) (ii) of this paragraph.

Those appointed who do not meet minimum qualifications standards will be appointed to special step rates which will be prescribed in the compensation schedules.

(ii) Reemployment, transfers, reassignments and demotions other than for cause. Upon reemployment, transfer, reassignment or demotion other than for cause pay may be fixed at any step rate for the level in which employed which does not exceed the highest previous rate received in Federal employment. How

ever, if the highest previous rate falls between two scheduled service step rates of the new level, pay may be fixed at the higher step rate. In those cases where former Federal employment was under a different pay schedule the highest previous rate shall be determined as tentwelfths of the salary received under such other schedule if such salary was on an annual basis. Upon reemployment, transfer or reassignment, the teacher may be granted the step increase previously earned as indicated in subparagraph (4) (i) of this paragraph.

(iii) Eligibility for additional pay increment upon completing advanced educational preparation. A teacher who completes advanced educational preparation for which an additional pay increment is provided shall be assigned to the higher rate effective on the first day of the first pay period following the receipt of documentary evidence that the work has been completed.

(iv) Promotions between levels. A teacher who is promoted to a higher level shall be assigned to the lowest numerical step on the schedule for his new level which will give him an immediate increase in school year salary rate at least equal to a service step increment in the level from which promoted.

(v) Demotions for cause. Teachers who are demoted for cause shall be assigned to a step rate in the level to which demoted which does not exceed the numerical step held in the level from which they were demoted.

(vi) Initial conversion from Classification Act Schedule to the teacher schedule. Upon initial conversion, a teacher will be converted to a level in the new compensation schedule which is prescribed as equivalent to the Classification Act grade from which converted. The step to which the teacher is converted in the new level shall be the numerical step equivalent to the step held under the Classification Act. If after conversion the position as a result of the classification standards prescribed pursuant to subparagraph (1) of this paragraph, is reclassified to a lower level the usual rules determining salary rates will apply, except that if the salary exceeds the highest rate in the range for the level in which the position is placed, such rate shall be retained as long as the incumbent remains in a position in the same level.

(vii) During travel. While enroute to and from overseas assignments, teachers