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(C) 25 percent for section 8133(a)(4) of this title, if one parent was wholly dependent on the deceased member at the time of his death and the other was not dependent to any extent; 16 percent to each,, if both were wholly dependent; and if one was or both were partly dependent, a proportionate amount in the discretion of the Secretary of Labor; (3) a payment may not be made under section 8133(a)(5) of this title; (4) "performance of duty" means only active service, and travel to and from that service, rendered in performance or support of operational missions of the Civil Air Patrol under direction of the Department of the Air Force and under written authorization by competent authority covering a specific assignment and prescribing a time limit for the assignment; and (5) the Secretary of Labor or his designee shall inform the Secretary of Health, Education, and Welfare when a claim is filed and eligibility for compensation is established under section 8133(a)(2) or (3) of this title, and the Secretary of Health, Education, and Welfare shall certify to the Secretary of Labor as to whether or not the member concerned was fully or currently insured under subchapter II of chapter 7 of title 42 at the time of his death. (c) The Secretary of Labor or his designee may inform the Secretary of the Air Force or his designee when a claim is filed. The Secretary of the Air Force, on request of the Secretary of Labor, shall advise him of the facts concerning the injury and whether or not the member was rendering service, or engaged in travel to or from service, in performance or support of an operational mission of the Civil Air Patrol at the time of injury. This subsection does not dispense with the report of the immediate superior of the member required by section 8120 of this title, or other reports agreed on under that section. § 8142. Peace Corps volunteers (a) For the purpose of this section, "volunteer" means— (1) a volunteer enrolled in the Peace Corps under section 2504 of title 22; (2) a volunteer leader enrolled in the Peace Corps under section 2505of title 22; and (3) an applicant for enrollment as a volunteer or volunteer leader during a period of training under section 2507(a) of title 22 before enrollment. (b) Subject to the provisions of this section, this subchapter applies to a volunteer, except that entitlement to disability compensation payments does not commence until the day after the date of termination of h'service as a volunteer. (c) For the purpose of this subchapter— (1) a volunteer is deemed receiving monthly pay at the minimum rate for G S - 7; (2) a volunteer leader referred to by section 2505 of title 22 is deemed receiving monthly pay at the minimum rate for GS—11; (3) an injury suffered by a volunteer when he is outside the several States, territories and possessions of the United States, and the District of Columbia is deemed proximately caused by his employment, unless the injury or disease is— (A) caused by willful misconduct of the volunteer; (B) caused by the volunteer's intention to bring about the injury or death of himself or of another; or

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130 In the case recently decided of United States vs. United States Steel Corporation, is found an enunciation of a great truth: "It has become an aphorism that there is danger of deception in generalities, and in a case of this importance we should have something surer for judgment than speculation, something more than a deduction equivocal of itself, even though the facts it rests on or asserts were not contradicted. If the phenomena of production and prices were as easily resolved as the witness implied, much discussion and much literature have been wasted, and some of the problems that are now distracting the world would have been given composing solution.  Of course, competition affects prices, but it is only one among other influences, and does not more than they register itself in definite and legible effect."

It is no doubt because of this truth that our law of Freedom, out law that lets all of the people take part in finding natural values and fair and reasonable prices, has, in the end, always asserted its triumphant and necessary superiority. If there be at least found a method by which business men can reduce all these uncertainties to that degree of proof necessary for criminal conviction, may it not be asked why Congress did not announce it, instead of imposing a task impossible of performance upon business men and the Courts?

It is fortunate that in dealing with the sugar cases arising under the Act we have an illustration of the wisdom of settled principles, where the history of the matter and its results have so largely become public property. Raw sugar has, within recent years, sold as low as $.0327½ per pound. Notwithstanding the War, Mr., with the aid of the Refiners,

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(C) proximately caused by the intoxication of the injured volunteer; and (4) the period of service of an individual as a volunteer includes— (A) any period of training under section 2507(a) of title 22 before enrollment as a volunteer; and (B) the period between enrollment as a volunteer and the termination of service as a volunteer by the President or by death or resignation. §8143. Job Corps enrollees; volunteers in service to America (a) Subject to the provisions of this subsection, this subchapter applies to an enrollee in the Job Corps under sections 2711-2720 of title 42, except that compensation for disability does not begin to accrue until the day after the date of termination of his enrollment as an enrollee. I n administering this subchapter for an enrollee covered by this subsection— (1) the monthly pay of an enrollee is deemed $150 for the purpose of computing compensation for disability or death, except that with respect to compensation for disability accruing after the individual concerned becomes 21 years of age the monthly pay is deemed to be that received at the minimum rate forGS-2; (2) section 8113(a), (b) of this title applies to an enrollee; and (3) "performance of duty" does not include an act of an enrollee while— (A) on authorized leave or pass; or (B) absent from his assigned post of duty, except while participating in an activity authorized by or under the direction or supervision of the Job Corps. (b) This subchapter applies to a volunteer in service to America during training and a volunteer in service to America assigned under section 2943(a)(2) of title 42 to the same extent as enrollees of the Job Corps under subsection (a) of this section. § 8144. Student-employees A student-employee as defined by section 5351 of this title who suffers disability or death as a result of personal injury arising out of and in the course of training, or incurred in the performance of duties in connection with that training, is considered for the purpose of this subchapter an employee who incurred the injury in the performance of duty. §8145. Administration The Secretary of Labor shall administer, and decide all questions arising under, this subchapter. H e may— (1) appoint employees to administer this subchapter; and (2) delegate to any employee of the Department of Labor any of the powers conferred on him by this subchapter. § 8146. Administration for the Canal Zone and The Alaska Railroad (a) The President, from time to time, may transfer the administration of this subchapter— (1) so far as employees of the Canal Zone Government and of the Panama Canal Company are concerned to the Governor of the Canal Zone; and (2) so far as employees of The Alaska Railroad are concerned to the general manager of The Alaska Railroad.

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(b) When administration is transferred under subsection (a) of this section, the expenses incident to physical examinations which are payable under section 8123 of this title shall be paid from appropriations for the Canal Zone Government or for The Alaska Railroad or from funds of the Panama Canal Company, as the case may be, instead of from the Employees' Compensation Fund. The President may authorize the Governor of the Canal Zone and the general manager of The Alaska Railroad to pay the compensation provided by this subchapter, including medical, surgical, and hospital services and supplies under section 8103 of this title and the transportation and burial expenses under sections 8103 and 8134 of this title, from appropriations for the Canal Zone Government and for The Alaska Railroad, and these appropriations shall be reimbursed for the payments by transfer of funds from the Employees' Compensation Fund. (c) The President may authorize the Governor of the Canal Zone to waive, at his discretion, the making of the claim required by section 8121 of this title in the case of compensation to an employee of the Canal Zone Government or of the Panama Canal Company for temporary disability, either total or partial. (d) When administration is transferred under subsection (a) of this section to the general manager of The Alaska Railroad, the Secretary of Labor is not divested of jurisdiction and a claimant is entitled to appeal from the decision of the general manager of The Alaska Railroad to the Secretary of Labor. The Secretary on receipt of an appeal shall, or on his own motion may, review the decision of the general manager of The Alaska Railroad, and in accordance with the facts found on review m a j proceed under section 8128 of this title. The Secretary shall provide the form and manner of taking an appeal. (e) The same right of appeal exists with respect to claims filed by employees of the Canal Zone Government and of the Panama Canal Company or their dependents in case of death, as is provided with respect to the claims of other employees to whom this subchapter applies, under section 8149 of this title. The Employees' Compensation Appeals Board referred to by section 8149 of this title has jurisdiction, under regulations prescribed by the Secretary, over appeals relating to claims of the employees or their dependents. § 8147. Employees' Compensation Fund (a) There is in the Treasury of the United States the Employees' Compensation Fund which consists of sums that Congress, from time to time, may appropriate for or transfer to it, and amounts that otherwise accrue to it under this subchapter or other statute. The Fund is available without time limit for the payment of compensation and other benefits and expenses, except administrative expenses, authorized by this subchapter or any extension or application thereof, except as otherwise provided by this subchapter or other statute. The Secretary of Labor shall submit annually to the Bureau of the Budget estimates of appropriations necessary for the maintenance of the Fund. (b) Before August 15 of each year, the Secretary shall furnish to each agency and instrumentality of the United States having an employee who is or may be entitled to compensation benefits under this subchapter or any extension or application thereof a statement showing the total cost of benefits and other payments made from the Employees' Compensation Fund during the preceding fiscal year on account of the injury or death of employees or individuals under the jurisdiction of the agency or instrumentality. Each agency and instrumentality shall include in its annual budget estimates for the next

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fiscal year a request for an appropriation in an amount equal to the costs. Sums appropriated pursuant to the request shall be deposited in the Treasury to the credit of the Fund within 30 days after they are available. An agency or instrumentality not dependent on an annual appropriation shall make the deposit required by this subsection from funds under its control. If an agency or instrumentality (or part or function thereof) is transferred to another agency or instrumentality, the cost of compensation benefits and other expenses paid from the Fund on account of the injury or death of employees of the transferred agency or instrumentality (or part or function) shall be included in costs of the receiving agency or instrumentality. (c) In addition to the contributions for the maintenance of the Employees' Compensation Fund required by this section, a mixed ownership corporation as defined by section 856 of title 31, or any other corporation or agency or instrumentality (or activity thereof) which is required by statute to submit an annual budget pursuant to or as provided by sections 841-869 of title 31, shall pay an additional amount for its fair share of the cost of administration of this subchapter as determined by the Secretary. With respect to these corporations, agencies, and instrumentalities, the charges billed by the Secretary under this section shall include an additional amount for these costs, which shall be paid into the Treasury as miscellaneous receipts from the sources authorized and in the manner otherwise provided by this section. §8148. Reports The Secretary of Labor shall report to Congress at the beginning of each regular session on the work for the preceding fiscal year under this subchapter. The report shall include— (1) a detailed statement of appropriations and expenditures; (2) a detailed statement showing receipts of and expenditures from the Employees' Compensation F u n d; and (3) his recommendations for legislation. §8149. Regulations The Secretary of Labor may prescribe rules and regulations necessary for the administration and enforcement of this subchapter. The rules and regulations shall provide for an Employees' Compensation Appeals Board of three individuals designated or appointed by the Secretary with authority to hear and, subject to applicable law and the rules and regulations of the Secretary, make final decisions on appeals taken from determinations and awards with respect to claims of employees. § 8150. Effect on other statutes (a) This subchapter does not affect the maritime rights and remedies of a master or member of the crew of a vessel. (b) Section 8141 of this title and section 9441 of title 10 do not confer military or veteran status on any individual.

SUBCHAPTER II—EMPLOYEES OF NONAPPROPRIATED FUND INSTRUMENTALITIES § 8171. Compensation for work injuries; generally (a) Chapter 18 of title 33 applies with respect to disability or death resulting from injury, as defined by section 902(2) of title 33, occurring to an employee of a nonappropriated fund instrumentality described by section 2105(c) of this title who is— (1) a United States citizen or a permanent resident of the United States or a territory or possession of the United States employed outside the continental United States; or

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(2) employed inside the continental United States. However, that part of section 903(a) of title 33 which follows the first comma does not apply to such an employee. (b) For the purpose of this subchapter, the term "employer" in section 902(4) of title 33 includes the nonappropriated fund instrumentalities described by section 2105(c) of this title. (c) The Secretary of Labor may— (1) extend compensation districts established under section 939 (b) of title 33, or establish new districts to include the areas outside the continental United States; and (2) assign to each district one or more deputy commissioners as the Secretary considers advisable. (d) Judicial proceedings under sections 918 and 921 of title 33 with respect to an injury or death occurring outside the continental United States shall be instituted in the district court within the territorial jurisdiction of which is located the office of the deputy commissioner having jurisdiction with respect to the injury or death. § 8172. Employees not citizens or residents of the United States I n case of disability or death resulting from injury, as defined by section 902(2) of title 33, occurring to an employee of a nonappropriated fund instrumentality described by section 2105(c) of this title who is— (1) not a citizen or permanent resident of the United States or a territory or possession of the United States; and (2) employed outside the continental United States; compensation shall be provided in accordance with regulations prescribed by the Secretary of the military department concerned and approved by the Secretary of Defense or regulations prescribed by the Secretary of the Treasury, as the case may be. § 8173. Liability under this subchapter exclusive The liability of the United States or of a nonappropriated fund instrumentality described by section 2105(c) of this title, with respect to the disability or death resulting from injury, as defined by section 902(2) of title 33, of an employee referred to by sections 8171 and 8172 of this title, shall be determined as provided by this subchapter. This liability is exclusive and instead of all other liability of the United States or the instrumentality to the employee, his legal representative, spouse, dependents, next of kin, and any other person otherwise entitled to recover damages from the United States or the instrumentality because of the disability or death in a direct judicial proceeding, in a civil action, or in admiralty, or by an administrative or judicial proceeding under a workmen's compensation statute or under a Federal tort liability statute. CHAPTER 83—RETIREMENT SUBCHAPTER I—GENERAL PROVISIONS Sec. 8301. Uniform retirement date.

SUBCHAPTER II—FORFEITURE OF ANNUITIES AND RETIRED PAY Sec. 8311. 8312. 8313. 8314.

Definitions. Conviction of certain offenses. Absence from the United States to avoid prosecution. Refusal to testify.

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Sec.

8315. 8316. 8317. 8318. 8319.

Falsifying employment applications. Refund of contributions and deposits. Repayment of annuity or retired pay properly paid; waiver. Restoration of annuity or retired pay. Removal of members of the uniformed services from rolls; restoration; reappointment. 8320. Offense or violation committed in compliance with orders. 8321. Liability of accountable employees. 8322. Effect on other statutes.

SUBCHAPTER III—CIVIL SERVICE RETIREMENT Sec.

8331. 8332. 8333. 8334. 8335. 8336. 8337. 8338. 8339. 8340. 8341. 8342. 8343. 8344. 8345. 8346. 8347. 8348.

Definitions. Creditable service. Eligibility for annuity. Deductions, contributions, and deposits. Mandatory separation. Immediate retirement. Disability retirement. Deferred retirement. Computation of annuity. Cost-of-living adjustment of annuities. Survivor annuities. Lump-sum benefits; designation of beneficiary; order of precedence. Additional annuities; voluntary contributions. Annuities and pay on reemployment. Payment of benefits; commencement, termination, and waiver of annuity. Exemption from legal process; recovery of payments. Administration; regulations. Civil Service Retirement and Disability Fund.

SUBCHAPTER I—GENERAL PROVISIONS § 8301. Uniform retirement date (a) Except as otherwise specifically provided by this title or other statute, retirement authorized by statute is eflfective on the first day of the month following the month in which retirement would otherwise be effective. (b) Notwithstanding subsection (a) of this section, the rate of active or retired pay or allowance is computed as of the date retirement would have occurred but for subsection (a) of this section. SUBCHAPTER

II—FORFEITURE OF ANNUITIES AND RETIRED PAY

§8311. Definitions For the purpose of this subchapter— (1) "employee" means— (A) an employee as defined by section 2105 of this title; (BJ a Member of Congress as defined by section 2106 of this title and a Delegate to Congress; (C) a member or former member of a uniformed service; and (D) an individual employed by the government of the District of Columbia; (2) "annuity" means a retirement benefit, including a disability insurance benefit and a dependent's or survivor's benefit under subchapter II of chapter 7 of title 42, and a monthly annuity under section 228b or 228e of title 45, payable by an agency of the Government of the United States or the government of the District of Columbia on the basis of service as a civilian employee and other service which is creditable to an employee 65-300 0-67—38

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toward the benefit under the statute, regulation, or agreement which provides the benefit, but does not include— (A) a benefit provided under statutes administered by the Veterans' Administration; (B) pay or compensation which may not be diminished under section 1 of Article III of the Constitution of the United States; (C) that portion of a benefit payable under subchapter II of chapter 7 of title 42 which would be payable without taking into account, for any of the purposes of that subchapter, including determinations of periods of disability under section 416(i) of title 42, pay for services as an employee; (D) monthly annuity awarded under section 228b or 228e of title 45 before September 26j 1961, whether or not computed under section 228c (e) of title 45; (E) that portion of an annuity awarded under section 228b or 228e of title 45 after September 25, 1961, which would be payable without taking into account military service creditable under section 228c-l of title 45; (F) a retirement benefit, including a disability insurance benefit and a dependent's or survivor's benefit under subchapter II of chapter 7 of title 42, awarded before September 1, 1954, to an individual or his survivor or beneficiary, insofar as the individual, before September 1, 1954— (i) was convicted of an offense named by subsection (b) of section 8312 of this title, to the extent provided by that subsection; or (ii) violated section 8314 or 8315(a)(1) of this title; or (G) a retirement benefit, including a disability insurance benefit and a dependent's or survivor's benefit under subchapter II of chapter 7 of title 42, awarded before September 26, 1961, to an individual or his survivor or beneficiary, insofar as the individual, before September 26, 1961— (i) was convicted of an offense named by subsection (c) of section 8312 of this title, to the extent provided by that subsection; or (ii) violated section 8315(a)(2) of this title; and (3)' "retired pay" means retired pay, retirement pay, retainer pay, or equivalent pay, payable under a statute to a member or former member of a uniformed service, and an annuity payable to an eligible beneficiary of the member or former member under chapter 73 of title 10 or section 5 of the Uniformed Services Contingency Option Act of 1953 (67 Stat. 504), but does not include— (A) a benefit provided under statutes administered by the Veterans' Administration; (B) retired pay, retirement pay, retainer pay, or equivalent pay, awarded before September 1, 1954, to an individual, insofar as the individual, before September 1, 1954— (i) was convicted of an offense named by subsection (b) of section 8312 of this title, to the extent provided by that subsection; or (ii) violated section 8B14 or 8315(a)(1) of this title; (C) retired pay, retirement pay, retainer pay, or equivalent

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pay, awarded before September 26, 1961, to an individual, insofar as the individual, before September 26, 1961— (i) was convicted of an offense named by subsection (c) of section 8312 of this title, to the extent provided by that subsection; or (ii) violated section 8315(a)(2) of this title; or (D) an annuity payable to an eligible beneficiary of an individual under chapter 73 of title 10 or section 5 of the Uniformed Services Contingency Option Act of 1953 (67 Stat. 504), if the annuity was awarded to the beneficiary, or if retired pay was awarded to the individual, before September 26, 1961, insofar as the individual, on the basis of whose service the annuity was awarded, before September 26, 1961— (i) was convicted of an offense named by section 8312 of this title, to the extent provided by that section; or (ii) violated section 8314 or 8315 of this title. § 8312. Conviction of certain offenses (a]) An individual, or his survivor or beneficiary, may not be paid annuity or retired pay on the basis of the service of the individual which is creditable toward the annuity or retired pay, subject to the exceptions in section 8311(2) and (3) of this title, if the individual— (1) was convicted, before, on, or after September 1, 1954, of an offense named by subsection (b) of this section, to the extent provided by that subsection; or (2) was convicted, before, on, or after September 26, 1961, of an offense named by subsection (c) of this section, to the extent provided by that subsection. The prohibition on payment of annuity or retired pay applies— (A) with respect to the offenses named by subsection (b) of this section, to the period after the date of the conviction or after September 1, 1954, whichever is later; and (B) with respect to the offenses named by subsection (c) of this section, to the period after the date of conviction or after September 26, 1961, whichever is later. (b) The following are the offenses to which subsection (a) of this section applies if the individual was convicted before, on, or after September 1, 1954: (1) An offense within the purview of— (A) section 792 (harboring or concealing persons), 793 (gathering, transmitting, or losing defense information), 794 (gathering or delivering defense information to aid foreign government), or 798 (disclosure of classified information), of chapter 37 (relating to espionage and censorship) of title 18; (B) chapter 105 (relating to sabotage) of title 18; (C) section 2381 (treason), 2382 (misprision of treason), 2383 (rebellion or insurrection), 2384 (seditious conspiracy), 2385 (advocating overthrow of government), 2387 (activities affecting armed forces generally), 2388 (activities affecting armed forces during war), 2389 (recruiting for service against United States), or 2390 (enlistment to serve against United States), of chapter 115 (relating to treason, sedition, and subversive activities) of title 18; (D) section 10(b)(2), (3), or (4) of the Atomic Energy Act of 1946 (60 Stat. 766, 767), as in effect before August 30, 1954;

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(E) section 16(a) or (b) of the Atomic Energy Act of 1946 (60 Stat. 773), as in effect before August 30, 1954, insofar as the offense is committed with intent to injure the United States or with intent to secure an advantage to a foreign nation; or (F) an earlier statute on which a statute named by subparagraph (A), (B), o r (C) of this paragraph (1) is based. (2) An offense within the purview of— (A) article 104 (aiding the enemy) or article 106 (spies) of the Uniform Code of Military Justice (chapter 47 of title 10) or an earlier article on which article 104 or article 106, as the case may be, is based; or (B) a current article of the Uniform Code of Military Justice (or an earlier article on which the current article is based) not named by subparagraph (A) of this paragraph (2) on the basis of charges and specifications describing a violation of a statute named by paragraph (1), (3), or (4) of this subsection, if the executed sentence includes death, dishonorable discharge, or dismissal from the service, or if the defendant dies before execution of that sentence as finally approved. (3) Perjury committed under the statutes of the United States or the District of Columbia— (A) in falsely denying the commission of an act which constitutes an offense within the purview of— (i) a statute named by paragraph (1) of this subsection; or (ii) an article or statute named by paragraph (2) of this subsection insofar as the offense is within the purview of an article or statute named by paragraph (1) or (2) (A^ of this subsection; (B) in falsely testifying before a Federal grand jury, court of the United States, or court-martial with respect to his service as an employee in connection with a matter involving or relating to an interference with or endangerment of, or involving or relating to a plan or attempt to interfere with or endanger, the national security or defense of the United States; or (C) in falsely testifying before a congressional committee in connection with a matter under inquiry before the congressional committee involving or relating to an interference with or endangerment of, or involving or relating to a plan or attempt to interfere with or endanger, the national security or defense of the United States, (4) Subornation of perjury committed in connection with the false denial or false testimony of another individual as specified by paragraph (3) of this subsection. (c) The following are the offenses to which subsection (a) of this section applies if the individual was convicted before, on, or after September 26, 1961: (1) An offense within the purview of— (A) section 2272 (violation of specific sections) or 2273 (violation of sections generally of chapter 23 of title 42) of title 42 insofar as the offense is committed with intent to injure the United States or with intent to secure an advantage to a foreign nation;

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(B) section 2274 (communication of restricted data), 2275 (receipt of restricted data), or 2276 (tampering with restricted data) of title 42; or (C) section 783 (conspiracy and communication or receipt of classified information), 822 (conspiracy or evasion of apprehension during internal security emergency), or 823 (aiding evasion of apprehension during internal security emergency) of title 50. (2) An offense within the purview of a current article of the Uniform Code of Military Justice (chapter 47 of title 10) or an earlier article on which the current article is based, as the case may be, on the basis of charges and specifications describing a violation of a statute named by paragraph (1), (3), or (4) of this subsection, if the executed sentence includes death, dishonorable discharge, or dismissal from the service, or if the defendant dies before execution of that sentence as finally approved. (3) Perjury committed under the statutes of the United States or the District of Columbia in falsely denying the commission of an act which constitutes an offense within the purview of a statute named by paragraph (1) of this subsection. (4) Subornation of perjury committed in connection with the false denial of another individual as specified by paragraph (3) of this subsection. § 8313. Absence from the United States to avoid prosecution (a) A n individual, or his survivor or beneficiary, may not be paid annuity or retired pay on the basis of the service of the individual which is creditable toward the annuity or retired pay, subject to the exceptions in section 8311(2) and (3) of this title, if the individual— (1) is under indictment, or has outstanding against-him charges preferred under the Uniform Code of Military Justice— (A) after July 31, 1956, for an offense named by section 8312(b) of this title; or (B) after September 26, 1961, for an offense named by section 8312(c) of this title; and (2) willfully remains outside the United States, or its territories and possessions including the Commonwealth of Puerto Rico, for more than 1 year with knowledge of the indictment or charges, as the case may be. (b) The prohibition on payment of annuity or retired pay under subsection (a) of this section applies to the period after the end of the 1-year period and continues until— (1) a nolle prosequi to the entire indictment is entered on the record or the charges are dismissed by competent authority; (2) the individual returns and thereafter the indictment or charges is or are dismissed; or (3) after trial by court or court-martial, the accused is found not guilty of the offense or offenses. § 8314. Refusal to testify (a) An individual, or his survivor or beneficiary, may not be paid annuity or retired pay on the basis of the service of the individual which is creditable toward the annuity or retired pay, subject to the exceptions in section 8311(2) and (3) of this title, if the individual, before, on, or after September 1, 1954, refused or refuses, or knowingly and willfully failed or fails, to appear, testify, or produce a book, paper, record, or other document, relating to his service as an em-

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ployee, before a Federal grand jury, court of the United States, courtmartial, or congressional committee, in a proceeding concerning— (1) his past or present relationship with a foreign government; or (2) a matter involving or relating to an interference with or endangerment of, or involving or relating to a plan or attempt to interfere with or endanger, the national security or defense of the United States. (b) The prohibition on payment of annuity or retired pay under subsection (a) of this section applies to the period after the date of the failure or refusal of the individual, or after September 1, 1954, whichever is later. § 8315. Falsifying employment applications (a) An individual, or his survivor or beneficiary, may not be paid annuity or retired pay on the basis of the service of the individual which is creditable toward the annuity or retired pay, subject to the exceptions in section 8311(2) and (3) of this title, if the individual knowingly and willfully made or makes a false, fictitious, or fraudulent statement or representation, or knowingly and willfully concealed or conceals a material fact— (1) before, on, or after September 1, 1954, concerning his— (A) past or present membership in, affiliation or association with, or support of the Communist Party, or a chapter, branch, or subdivision thereof, in or outside the United States, or other organization, party, or group advocating— (i) the overthrow, by force, violence, or other unconstitutional means, of the Government of the United States; (ii) the establishment, by force, violence, or other unconstitutional means, of a Communist totalitarian dictatorship in the United States; or (iii) the right to strike against the United States; (B) conviction of an offense named by subsection (b) of section 8312 of this title, to the extent provided by that subsection; or (C) failure or refusal to appear, testify, or produce a book, paper, record, or other document, as specified by section 8314 of this title; or (2) before, on, or after September 26, 1961, concerning his conviction of an offense named by subsection (c) of section 8312 of this title, to the extent provided by that subsection; in a document executed by the individual in connection with his employment in, or application for, a civilian or military office or position in or under the legislative, executive, or judicial branch of the Government of the United States or the government of the District of Columbia. (b) The prohibition on the payment of annuity or retired pay applies— (1) with respect to matters specified by subsection (a)(1) of this section, to the period after the statement, representation, or concealment of fact is made or occurs, or after September 1, 1954, whichever is later; and (2) with respect to matters specified by subsection (a)(2) of this section, to the period after the statement, representation, or concealment of fact is made or occurs, or after September 26, 1961, whichever is later.

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§ 8316. Refund of contributions and deposits (a) When payment of annuity or retired pay is denied under this subchapter because an individual was convicted of an offense named by section 8312 of this title, to the extent provided by that section, or violated section 8314 or 8315 of this title— (1) the amount, except employment taxes, contributed by the individual toward the annuity, less the amount previously refunded or paid as annuity benefits; and (2) deposits made under section 1438 of title 10 or section 5 of the Uniformed Services Contingency Option Act of 1953 (67 Stat. 504) to provide the eligible beneficiary with annuity for any period, less the amount previously paid as retired pay benefits; shall be refunded, on appropriate application therefor— (A) to the individual; (B) if the individual is dead, to the beneficiary designated to receive refunds by or under the statute, regulation, or agreement under which the annuity, the benefits of which are denied under this subchapter, would have been payable; or (C) if a beneficiary is not designated, in the order of precedence prescribed by section 8342(c) of this title or section 2771 of title 10, as the case may be. (b) A refund under subsection (a) of this section shall be made with interest at the rate and for the period provided under the statute, regulation, or agreement under which the annuity would have been payable. However, interest may not be computed— (1) if the individual was convicted of an offense named by section 8312(b) of this title, or violated section 8314 or 8315(a)(1) of this title, for the period after the conviction or commission of the violation, or after September 1, 1954, whichever is later; or (2) if the individual was convicted of an offense named by section 8312(c) of this title, or violated section 8315(a)(2) of this title, for the period after the conviction or commission of the violation, or after September 26, 1961, whichever is later. §8317. Repayment of annuity or retired pay properly paid; waiver (a) An individual, or his survivor or beneficiary, to whom payment of annuity is denied under this subchapter is not thereafter required to repay that part of the annuity otherwise properly paid to the individual, or to his survivor or beneficiary on the basis of the service of the individual, which is in excess of the aggregate amount of the contributions of the individual toward the annuity, with applicable interest. (b) An individual, including an eligible beneficiary under chapter 73 of title 10 or section 5 of the Uniformed Services Contingency Option Act of 1953 (67 Stat. 504), to whom payment of retired pay is denied under this subchapter is not thereafter required to repay retired pay otherwise properly paid to the individual or beneficiary which is paid in violation of this subchapter. § 8318. Restoration of annuity or retired pay (a) If an individual who was convicted, before, on, or after September 1, 1954, of— (1) an offense named by section 8312 of this title; or (2) an offense constituting a violation of section 8314 or 8315 of this title; is pardoned by the President, the right of the individual and his survivor or beneficiary to receive annuity or retired pay previously denied under this subchapter is restored as of the date of the pardon.

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[80 STAT.

(b) The President may restore, effective as of the date he prescribes, the right to receive annuity or retired pay which is denied, before, on, or after September 1, 1954, under section 8314 or 8315 of this title, to the individual and to his survivor or beneficiary. (c) Payment of annuity or retired pay which results from pardon or restoration by the President under subsection (a) or (b) of this section may not be made for a period before— (1) the date of pardon referred to by subsection (a) of this section; or (2) the effective date of restoration referred to by subsection (b) of this section. (d) Credit for a period of service covered by a refund under section 8316 of this title is allowed only after the amount refunded has been redeposited. § 8319. Removal of members of the uniformed services from rolls; restoration; reappointment (a) The President may drop from the rolls a member of a uniformed service who is deprived of retired pay under this subchapter. (b) The President may restore— (1) military status to an individual dropped from the rolls to whom retired pay is restored under this subchapter or under section 2 of the Act of September 26, 1961 (75 Stat. 648); and (2) all rights and privileges to the individual and his beneficiaries of which he or they were deprived because his name was dropped from the rolls. (c) If the individual restored was a commissioned officer, the President alone may reappoint him to the grade and position on the retired list held when his name was dropped from the rolls. § 8320. Offense or violation committed in compliance with orders When it is established by satisfactory evidence that an individual— (1) was convicted of an offense named by section 8312 of this title; or (2) violated section 8314 or 8315 of this title; as a result of proper compliance with orders issued, in a confidential relationship, by an agency or other authority of the Government of the United States or the government of the District of Columbia, the right to receive annuity or retired pay may not be denied. § 8321. Liability of accountable employees An accountable employee may not be held responsible for a payment made in violation of this subchapter when the payment made is in due course and without fraud, collusion, or gross negligence. § 8322. Effect on other statutes This subchapter does not restrict authority under a statute, other than this subchapter, to deny or withhold benefits authorized by statute. SUBCHAPTER III—CIVIL SERVICE RETIREMENT §8331. Definitions For the purpose of this subchapter— (1) "employee" means— (A) an employee as defined by section 2105 of this title; (B) the Architect of the Capitol and an employee of the Architect of the Capitol;

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(C) a Congressional employee as defined by section 2107 of this title (except the Architect of the Capitol and an employee of the Architect of the Capitol^, after he gives notice in writing to the oflEicial by whom he is paid of his desire to come within the purview of this subchapter; (D) a temporary Congressional employee appointed at an annual rate of pay, after he gives notice in writing to the official by whom he is paid of his desire to come within the purview of this subchapter; (E) a United States Commissioner whose total pay for services performed as Commissioner is not less than $3,000 in each of the last 3 consecutive calendar years ending after December 31, 1954; (F) an individual employed by a county committee established under section 590h(b) of title 16; (G) an individual employed by the government of the District of Columbia; (H) an individual employed by Gallaudet College; and (I) an individual appointed to a position on the office staff of a former President under section 1(b) of the Act of August 25, 1958 (72 Stat. 838); but does not include— (i) a justice or judge of the United States as defined by section 451 of title 28; (ii) an employee subject to another retirement system for Government employees; (iii) an employee or group of employees in or under an Executive agency excluded by the Civil Service Commission under section 8347(g) of this title; (iv) an individual or group of individuals employed by the government of the District of Columbia excluded by the Commission under section 8347(h) of this title; (v) a temporary employee of the Administrative Office of the United States Courts or of a court named by section 610 of title 28; (vi) a construction employee or other temporary, parttime, or intermittent employee of the Tennessee Valley Authority; (vii) an employee under the Office of the Architect of the Capitol excluded by the Architect of the Capitol under section 8347(i) of this title; (viii) an employee under the Library of Congress excluded by the Librarian of Congress under section 8347(j) of this title; or (ix) a student-employee as defined by section 5351 of this title. Notwithstanding this paragraph, the employment of a teacher in the recess period between two school years in a position other than a teaching position in which he served immediately before the recess period does not qualify the individual as an employee for the purpose of this subchapter. For the purpose of the preceding sentence, "teacher" and "teaching position" have the meanings given them by section 901 of title 20; (2) "Member" means a Member of Congress as defined by section 2106 of this title, and a Delegate to Congress, after he gives notice in writing to the official by whom he is paid of his desire to come within the purview of this subchapter;

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[80 STAT.

(3) "basic pay" includes— (A) the amount a Member received from April 1, 1954, to February 28, 1955, as expense allowance under section 601(b) of the Legislative Reorganization Act of 1946 (60 Stat. 850), as amended; and that amount from January 3, 1953, to March 31, 1954, if deposit is made therefor as provided by section 8334 of tnis title; and (B) additional p a y provided by— (i) subsection (a) of section 60e-7 of title 2 and the provisions of law referred to by that subsection; and (ii) sections 60e-8, 60e-9, 60e-10, and 60e-ll of title 2; but does not include bonuses, allowances, overtime pay, military ay, pay given in addition to the base pay of the position as fixed y law or regulation except as provided by subparagraph (B) of this paragraph, retroactive pay under section 5344 of this title in the case of a retired or deceased employee, uniform allowances under section 5901 of this title, or lump-sum leave payments under subchapter VI of chapter 55 of this title. For an employee paid on a fee basis, the maximum amount of basic pay which may be used is $10,000; (4) "average pay" means the largest annual rate resulting from averaging an employee's or Member's rates of basic pay in effect— (A) over any 5 consecutive years of creditable service; or (B) at a Member's option over all periods of Member service after August 2, 1946, used in the computation of an annuity under this subchapter; with each rate weighted by the time it was in effect; (5) " F u n d " means the Civil Service Retirement and Disability Fund; (6) "disabled" and "disability" mean totally disabled or total disability, respectively, for useful and efficient service in the grade or class of position last occupied by the employee or Member because of disease or injury not due to vicious habits, intemperance, or willful misconduct on his part within 5 years before becoming so disabled; (7) "Government" means the Government of the United States, the government of the District of Columbia, and Gallaudet College; (8) "lump-sum credit" means the unrefunded amount consisting of— (A) retirement deductions made from the basic pay of an employee or Member; (B) amounts deposited by an employee or Member covering earlier service; and (C) interest on the deductions and deposits at 4 percent a year to December 31, 1947, and 3 percent a year thereafter compounded annually to December 31, 1956, or, in the case of an employee or Member separated or transferred to a position not within the purview of this subchapter before he has completed 5 years of civilian service, to the date of the separation or transfer; but does not include interest— (i) if the service covered thereby aggregates 1 year or less; or (ii) for the fractional part of a month in the total service;

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(9) "annuitant" means a former employee or Member who, on the basis of his service, meets all requirements of this subchapter for title to annuity and files claim therefor; (10) "survivor" means an individual entitled to annuity under this subchapter based on the service of a deceased employee, Member, or annuitant; (11) "survivor annuitant" means a survivor who files claim for annuity; (12) "service" means employment creditable under section 8332 of this title; (13) "military service" means honorable active service— (A) in the armed forces; (B) in the Regular or Reserve Corps of the Public Health Service after June 30, 1960; or (C) as a commissioned officer of the Coast and Geodetic Survey after June 30, 1961; but does not include service in the National Guard except when ordered to active duty in the service of the United States; (14) "Member service" means service as a Member and includes the period from the date of the beginning of the term for which elected or appointed to the date on which he takes office as a Member; and (15) "price index" means the annual average over a calendar year of the Consumer Price Index (all items—United States city average) published monthly by the Bureau of Labor Statistics. § 8332. Creditable service (a) The total service of an employee or Member is the full years and twelfth parts thereof, excluding from the aggregate the fractional part of a month, if any. (b) The service of an employee shall be credited from the date of original employment to the date of separation on which title to annuity is based in the civilian service of the Government. Credit may not be allowed for a period of separation from the service in excess of 3 calendar days. The service includes— (1) employment as a substitute in the postal field service; (2) service in the Pan American Sanitary Bureau; (3) subject to sections 8334(c) and 8339 (h) of this title, service performed before July 10, 1960, as an employee of a county committee established under section 590h(b) of title 16 or of a committee or an association of producers described by section 610(b) of title 7; (4) service as a student-employee as defined by section 5351 of this title only if he later becomes subject to this subchapter; and (5) a period of satisfactory service of a volunteer or volunteer leader under chapter 34 of title 22 only if he later becomes subject to this subchapter. The Civil Service Commission shall accept the certification of the Secretary of Agriculture or his designee concerning service for the purpose of this subchapter of the type performed by an employee named by paragraph (3) of this subsection. For the purpose of paragraph (5) of this subsection— (A) a volunteer and a volunteer leader are deemed receiving pay during their service at the respective rates of readjustment allowances payable under sections 2504(c) and 2505(1) of title 22: and

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[80 STAT.

(B) the period of an individual'service as a volunteer or volunteer leader under chapter 34 of title 22 is the period between enrollment as a volunteer or volunteer leader and the termination of that service by the President or by death or resignation. (c) Except as provided by subsection (d) of this section, an employee or Member shall be allowed credit for periods of military service before the date of the separation on which title to annuity is based. However, if an employee or Member is awarded retired pay on account of military service, his military service may not be credited unless the retired pay is awarded— (1) on account of a service-connected disability— (A) incurred in combat with an enemy of the United States; or (B) caused by an instrumentality of war and incurred in line of duty during a period of war as defined by section 301 of title 38; or (2) under chapter 67 of title 10. (d) For the purpose of section 8339(c)(1) of this title, a Member—• (1) shall be allowed credit only for periods of military service not exceeding 5 years, plus military service performed by the Member on leaving his office, for the purpose of performing military service, during a war or national emergency proclaimed by the President or declared by Congress and before his final separation from service as Member; and (2) may not receive credit for military service for which credit is allowed for purpose of retired pay under other statute, (e) This subchapter does not affect the right of an employee or Member to retired pay, pension, or compensation in addition to an annuity payable under this subchapter. (f) Credit shall be allowed for leaves of absence without pay granted an employee while performing military service or while receiving benefits under subchapter I of chapter 81 of this title. Except for a substitute in the postal field service, credit may not be allowed for so much of other leaves of absence without pay as exceeds 6 months in the aggregate in a calendar year. (g) An employee who during the period of a war, or of a national emergency as proclaimed by the President or declared by Congress, leaves his position to enter the military service is deemed, for the purpose of this subchapter, as not separated from his civilian position because of that military service, unless he applies for and receives a lump-sum credit under this subchapter. However, the employee is deemed as not retaining his civilian position after December 31, 1956, or after the expiration of 5 years of that military service, whichever is later. (h) An employee who— (1) has at least 5 years' Member service; and (2) serves as a Member at any time after August 2, 1946; may not be allowed credit for service which is used in the computation of an annuity under section 8339(c) of this title, (i) An individual who qualifies as an employee under section 8331 (1)(E) of this title is entitled to credit for his service as a United States Commissioner, which is not credited for the purpose of this subchapter for service performed by him in a capacity other than Commissioner, on the basis of— (1) 1/313 of a year for each day on which he performed service as a Commissioner before July 1, 1945; and

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(2) 1/260 of a year for each day on which he performed service as a Commissioner after June 30, 1915. Credit for service performed as Commissioner may not exceed 313 days in a year before July 1, 1945, or 260 days in a year after June 30, 1945. For the purpose of this subchapter, the employment and pay of a Commissioner is deemed on a daily basis when actually employed. (j) Notwithstanding any other provision of this section, military service, except military service covered by military leave with pay from a civilian position, performed by an individual after December 1956, and the period of an individual'service as a volunteer or volunteer leader under chapter 34 of title 22, shall be excluded in determining the aggregate period of service on which an annuity payable under this subchapter to the individual or to his widow or child is based, if the individual, widow, or child is entitled, or would on proper application be entitled, at the time of that determination, to monthly old-age or survivors benefits under section 402 of title 42 based on the individual's wages and self-employment income. If the military service or service as a volunteer or volunteer leader under chapter 34 of title 22 is not excluded by the preceding sentence, but on becoming 62 years of age, the individual or widow becomes entitled, or would on proper application be entitled, to the described benefits, the Civil Service Commission shall redetermine the aggregate period of service on which the annuity is based, effective as of the first day of the month in which he or she becomes 62 years of age, so as to exclude that service. The Secretary of Health, Education, and Welfare, on request of the Commission, shall inform the Commission whether or not the individual, widow, or child is entitled at any named time to the described benefits. For the purpose of this subsection, the period of an individual'service as a volunteer or volunteer leader under chapter 34 of title 22 is the period between enrollment as a volunteer or volunteer leader and termination of that service by the President or by death or resignation. § 8333. Eligibility for annuity (a) An employee must complete at least 5 years of civilian service before he is eligible for an annuity under this subchapter. (b) An employee or Member must complete, within the last 2 years before any separation from service, except a separation because of death or disability, at least 1 year of creditable civilian service during which he is subject to this subchapter before he or his survivors are eligible for annuity under this subchapter based on the separation. If an employee or Member, except an employee or Member separated from the service because of death or disability, fails to meet the service requirement of the preceding sentence, the amounts deducted from his pay during the service for which no eligibility for annuity is established based on the separation shall be returned to him on the separation. Failure to meet this service requirement does not deprive the individual or his survivors of annuity rights which attached on a previous separation. (c) A Member or his survivor is eligible for an annuity under this subchapter only if the amounts named by section 8334 of this title have been deducted or deposited with respect to his last 5 years of civilian service. § 8334. Deductions, contributions, and deposits (a) The employing agency shall deduct and withhold 61^ percent of the basic pay of an employee and 7 ^ percent of the basic pay of

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PUBLIC LAW 89-554-SEPT. 6, 1966

[80 STAT.

a Member, and an equal amount shall b€s contributed from the appropriation or fund used to pay the employee or, in the case of an elected official, from an appropriation or fund available for payment of other salaries of the same office or establishment. When an employee in the legislative branch is paid by the Clerk of the House of Representatives, the Clerk may pay from the contingent fund of the House the contribution that otherwise would be contributed from the appropriation or fund used to pay the employee. The amounts so deducted and withheld, together with the amounts so contributed, shall be deposited in the Treasury of the United States to the credit of the Fund under such procedures as the Comptroller General of the United States may prescribe. Deposits made by an employee or Member under this section also shall be credited to the Fund. (b) Each employee or Member is deemed to consent and agree to these deductions from basic pay. Notwithstanding any law or regulation affecting the pay of an employee or Member, payment less these deductions is a full and complete discharge and acquittance of all claims and demands for regular services during the period covered by the payment, except the right to the benefits to which the employee or Member is entitled under this subchapter. (c) Each employee or Member credited with civilian service after July 31, 1920, for which retirement deductions or deposits have not been made, may deposit with interest an amount equal to the following percentages of his basic pay received for that service: Employee

Member for Member service.

Percentage of basic pay 2i^ 3% 5 6 ey^ 2% 3^^ 5 6 7%

Service period August 1, 1920, to June 30, 1926. July 1, 1926, to June 30, 1942. July 1, 1942, to June 30, 1948. July 1, 1948, to October 31, 1956. After October 31, 1956. August 1, 1920, to June 30, 1926. July 1, 1926, to June 30, 1942. July 1, 1942, to August 1, 1946. August 2, 1946, to October 31, 1956, After October 31, 1956.

(d) Each employee or Member who has received a refund of retirement deductions under this or any other retirement system established for employees of the Government covering service for which he may be allowed credit under this subchapter may deposit the amount received, with interest. Credit ladij not be allowed for the service covered by the refund until the deposit is made. (e) Interest under subsection (c) or (d) of this section is computed from the mid-point of each service period included in the computation, or from the date refund was paid, to the date of deposit or commencing date of annuity, whichever is earlier. The interest is computed at the rate of 4 percent a year to December 31, 1947, and 3 percent a year thereafter compounded annually. The deposit may be made in one or more installments. Interest may not be charged for a period of separation from the service which began before October 1, 1956. (f) Under such regulations as the Civil Service Commission may prescribe, amounts deducted under subsection (a) of this section and deposited under subsections (c) and (d) of this section shall be entered on individual retirement records. (g) Deposit may not be required for— (1) service before August 1, 1920; (2) military service; or (3^ service for the Panama Railroad Company before January 1, 1924.

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(h) For the purpose of survivor annuity, deposits authorized by subsections (c) and (d) of this section may also be made by the survivor of an employee or Member. § 8335. Mandatory separation (a) Except as otherwise provided by this section, an employee who becomes 70 years of age and completes 15 years of service shall be automatically separated from the service. The separation is effective on the last day of the month in which the employee becomes 70 years of age or completes 15 years of service if then over that age, and pay ends from that day. (b) The employing office shall notify each employee under its direction of the date of his separation from the service at least 60 days in advance thereof, and subsection (a) of this section does not take effect without the consent of the employee until 60 days after he is so notified. (c) The President, by Executive order, may exempt an employee from automatic separation under this section when in his judgment the public interest so requires. (d) The automatic separation provisions of this section do not apply to— (1) an individual named by a statute providing for the continuance of the individual in the service; (2) a Member; (3) a Congressional employee; or (4) an employee in the judicial branch appointed to hold office for a definite term of years. (e) This section applies to an employee of The Alaska Railroad in Alaska, and to an employee who is a citizen of the United States employed on the Isthmus of Panama by the Panama Canal Company or the Canal Zone Government, who becomes 62 years of age and completes 15 years of service in Alaska or on the Isthmus of Panama. § 8336. Immediate retirement (a) A n employee who is separated from the service after becoming 60 years of age and completing 30 years of service is entitled to an annuity. (b) An employee who is separated from the service after becoming 55 years of age (but before becoming 60 years of age) and completing 30 years of service is entitled to a reduced annuity. (c) An employee, the duties of whose position are primarily the investigation, apprehension, or detention of individuals suspected or convicted of offenses against the criminal laws of the United States, including an employee engaged in this activity who is transferred to a supervisory or administrative position, who is separated from the service after becoming 50 years of age and completing 20 years of service in the performance of these duties is entitled to an annuity if the head of his agency recommends his retirement and the Civil Service Commission approves that recommendation. The head of the agency and the Commission shall consider fully the degree of hazard to which the employee is subjected in the performance of his duties, instead of the general duties of the class of the position held by the employee. For the purpose of this subsection, "detention" includes the duties of— (1) employees of the Bureau of Prisons and Federal Prison Industries, Incorporated; (2) employees of the Public Health Service assigned to the field service of the Bureau of Prisons or of the Federal Prison Industries, Incorporated;

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[80 STAT.

(3) employees in the field service at Army or Navy disciplinary barracks or at confinement and rehabilitation facilities operated by any of the armed forces; and (4) employees of the Department of Corrections of the District of Columbia, its industries and utilities; whose duties in connection with individuals in detention suspected or convicted of offenses against the criminal laws of the United States or of the District of Columbia or offenses against the punitive articles of the Uniform Code of Military Justice (chapter 47 of title 10) require frequent (as determined by the appropriate administrative authority with the concurrence of the Commission) direct contact with these individuals in their detention, direction, supervision, inspection, training, employment, care, transportation, or rehabilitation. (d) An employee who is mvoluntarily separated from the service, except by removal for cause on charges of misconduct or delinquency, after completing 25 years of service or after becoming 50 years of age and completing 20 years of service is entitled to a reduced annuity. (e) An employee who is separated from the service after becoming 62 years of age and completing 5 years of service is entitled to an annuity. (f) A INIember who is separated from the service after becoming 62 years of age and completing 5 years of civilian service or after becoming 60 years of age and completing 10 years of Member service is entitled to an annuity. A Member who is separated from the service after becoming 55 years of age (but before becoming 60 years of age) and completing 30 years of service is entitled to a reduced annuity. A Member who is separated from the service, except by resignation or expulsion, after completing 25 years of service or after becoming 50 years of age and (1) completing 20 years of service or (2) serving in 9 Congresses is entitled to a reduced annuity. (g) An annuity or reduced annuity authorized by this section is computed under section 8339 of this title. § 8337. Disability retirement (a) An employee who completes 5 years of civilian service and is found by the Civil Service Commission to have become disabled shall be retired on his own application or on application by his agency. A Member who completes 5 years of Member service and is found by the Commission to have become disabled shall be retired on his own application. An annuity authorized by this section is computed under section 8339 of this title. (b) A claim may be allowed under this section only if the application is filed with the Commission before the employee or Member is separated from the service or within 1 year thereafter. This time limitation may be waived by the Commission for an employee or Member who at the date of separation from service or within 1 year thereafter is mentally incompetent, if the application is filed with the Commission within 1 year from the date of restoration of the employee or Member to competency or the appointment of a fiduciary, whichever is earlier. (c) An annuitant receiving disability retirement annuity from the Fund shall be examined under the direction of the Commission— (1) at the end of 1 year from the date of the disability retirement; and (2) annually thereafter until he becomes 60 years of age; unless his disability is permanent in character. I f the annuitant fails to submit to examination as required by this section, payment of

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the annuity shall be suspended until continuance of the disability is satisfactorily established. (d) If an annuitant receiving disability retirement annuity from the Fund, before becoming 60 years of age, recovers from his disability, payment of the annuity terminates on reemployment by the Government or 1 year after the date of the medical examination showing the recovery, whichever is earlier. If an annuitant receiving disability retirement annuity from the Fund, before becoming 60 years of age, is restored to an earning capacity fairly comparable to the current rate of pay of the position occupied at the time of retirement, payment of the annuity terminates on reemployment by the Government or 1 year after the end of the calendar year in which earning capacity is so restored, whichever is earlier. Earning capacity is deemed restored if in each of 2 succeeding calendar years the income of the annuitant from wages or self-employment or both equals at least 80 percent of the current rate of pay of the position occupied immediately before retirement. (e) If an annuitant whose annuity is terminated under subsection (d) of this section is not reemployed in a position within the purview of this subchapter, he is deemed, except for service credit, to have been involuntarily separated from the service for the purpose of this subchapter as of the date of termination of the disability annuity, and after that termination is entitled to annuity under the applicable provisions of this subchapter. If an annuitant whose annuity is heretofore or hereafter terminated because of an earning capacity provision of this subchapter or an earlier statute— (1) is not reemployed in a position within the purview of this subchapter; and (2) has not recovered from the disability for which he was retired; his annuity shall be restored at the same rate effective the first of the year following any calendar year in which his income from wages or self-employment or both is less than 80 percent of the current rate of pay of the position occupied immediately before retirement. If an annuitant whose annuity is heretofore or hereafter terminated because of a medical finding that he has recovered from disability is not reemployed in a position within the purview of this subchapter, his annuity shall be restored at the same rate effective from the date of medical examination showing a recurrence of the disability. The second and third sentences of this subsection do not apply to an individual who has become 62 years of age and is receiving or is eligible to receive annuity under the first sentence of this subsection. (f) An individual is not entitled to receive an annuity under this subchapter and compensation for injury or disability to himself under subchapter I of chapter 81 of this title covering the same period of time. This provision does not bar the right of a claimant to the greater benefit conferred by either subchapter for any part of the same period of time. Neither this provision nor any provision of subchapter I of chapter 81 of this title denies to an individual an annuity accruing to him under this subchapter on account of service performed by him, or denies any concurrent benefit to him under subchapter I of chapter 81 of this title on account of the death of another individual. (g) The right of an individual entitled to an annuity under this subchapter is not affected because he has received a lump-sum payment for compensation under section 8135 of this title. However, if the annuity is payable on account of the same disability for which compensation under section 8135 of this title has been paid, so much of 65-300 0-67—39

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[80 STAT.

the compensation as has been paid for a period extended beyond the date the annuity becomes effective, as determined by the Department of Labor, shall be refunded to that Department to be covered into the Employees' Compensation Fund. Before the individual may receive Ihe annuity he shall— (1) refund to the Department of Labor the amount representing the commuted compensation payments for the extended period; or (2) authorize the deduction of that amount from the annuity payable to him under this subchapter, which amount shall be transmitted to the Department of Labor for reimbursement to the Employees' Compensation Fund. Deductions from the annuity may be made from accrued and accruing payments. When the Department of Labor finds that the financial circumstances of the annuitant warrant deferred refunding, deductions from the annuity may be prorated against and paid from accruing payments in such manner as that Department determines. § 8338. Deferred retirement (a) An employee who is separated from the service or transferred to a position not within the purview of this subchapter after completing 6 years of civilian service is entitled to an annuity beginning at the age of 62 years. (b) A Member who, after December 31, 1955, is separated from the service as a Member after completing 5 years of civilian service is entitled to an annuity beginning at the age of 62 years. A Member who is separated from the service after completing 10 or more years of Member service is entitled to an annuity beginning at the age of 60 years. A Member who is separated from the service after completing 20 or more years of service, including 10 or more years of Member service, is entitled to a reduced annuity beginning at the age of 50 years. (c) An annuity or reduced annuity authorized by this section is computed under section 8339 of this title. § 8339. Computation of annuity (a) Except as otherwise provided by this section, the annuity of an employee retiring under this subchapter is— (1) iy2 percent of his average pay multiplied by so much of his total service as does not exceed 5 years; plus (2) 1% percent of his average pay multiplied by so much of his total service as exceeds 5 years but does not exceed 10 years; plus (3) 2 percent of his average pay multiplied by so much of his total service as exceeds 10 years. However, when it results in a larger annuity, 1 percent of his average pay plus $25 is substituted for the percentage specified by paragraph (1), (2), or (3) of this subsection, or any combination thereof. (b) The annuity of a Congressional employee, or former Congressional employee, retiring under this subchapter is computed under subsection (a) of this section, except, if he has had— (1) at least 5 years' service as a Congressional employee or Member or any combination thereof; and (2) deductions withheld from his pay or has made deposit covering his last 5 years of civilian service; his annuity is computed, with respect to so much of his service as a Congressional employee and his military service as does not exceed a

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total of 15 years and any Member service, by multiplying 21/^ percent of his average pay by the years of that service. (c) The annuity of a Member, or former Member with title to Member annuity, retiring under this subchapter is computed under subsection (a) of this section, except, if he has had at least 5 years' service as a Member or Congressional employee or any combination thereof, his annuity is computed with respect to— (1) his service as a Member and so much of his military service as is creditable for the purpose of this paragraph; and (2) so much of his Congressional employee service as does not exceed 15 years; by multiplying 21/^ percent of his average pay by the years of that service. (d) The annuity of an employee retiring under section 8336(c) of this title is 2 percent of his average pay multiplied by his total service. (e) The annuity computed under subsections (a) - (d) of this section may not exceed 80 percent of— (1) the average pay of the employee; or (2) the final basic pay of the Member. (f) The annuity of an employee or Member retiring under section 8337 of this title is at least the smaller of— (1) 40 percent of his average pay; or (2) the sum obtained under subsections (a) - (c) of this section after increasing his service of the type last performed by the period elapsing between the date of separation and the date he becomes 60 years of age. However, this subsection does not increase the annuity of a survivor. (g) The annuity computed under subsections (a) - (c) and (e) of this section for an employee retiring under section 8336(b) or (d) of this title, or a Member retiring under the second or third sentence of section 8336(f) of this title or the third sentence of section 8338(b) of this title, is reduced by 1/12 of 1 percent for each full month not in excess of 60 months, and l^ of 1 percent for each full month in excess of 60 months, the employee or Member is under 60 years of age at the date of separation. (h) The annuity computed under subsections (a) - (g) of this section is reduced by 10 percent of a deposit described by section 8334 (c) of this title remaining unpaid, unless the employee or Member elects to eliminate the service involved for the purpose of annuity computation. (i) The annuity computed under subsections (a) - (h) of this section (excluding any increase because of retirement under section 8337 of this title) for a married employee or Member retiring under this subchapter, or any portion of that annuity designated in writing for the purpose of section 8341(b) of this title by the employee or Member at the time of retirement, is reduced by 2^4 percent of so much thereof as does not exceed $3,600 and by 10 percent of so much thereof as exceeds $3,600, unless the employee or Member notifies the Civil Service Commission in writing at the time of retirement that he does not desire his spouse to receive an annuity under section 8341(b) of this title. (j) At the time of retiring under section 8336 or 8338 of this title, an unmarried employee or Member who is found to be in good health by the Commission may elect a reduced annuity instead of an annuity computed under subsections (a) - (h) of this section and name in writing an individual having an insurable interest in the employee or Member to receive an annuity under section 8341(c) of this title after

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the death of the retired employee or Member. The annuity of the employee or Member making the election is reduced by 10 percent, and by 5 percent for each full 5 years the individual named is younger than the retiring employee or Member. However, the total reduction may not exceed 40 percent. (k) The annuity computed under subsections (a) - ( j) of this section for an employee who is a citizen of the United States is increased by $36 for each year of service in the employ of— (1) the Alaska Engineering Commission, or The Alaska Railroad, in Alaska between March 12, 1914, and July 1, 1923; or (2) the Isthmian Canal Commission, or the Panama Railroad Company, on the Isthmus of Panama between May 4, 1904, and April 1, 1914. § 8340. Cost-of-living adjustment of annuities (a) After January 1 of each year the Civil Service Commission shall determine the percent change in the price index from the later of 1962 or the year preceding the most recent cost-of-living adjustment to the latest complete year. On the basis of this determination, and effective April 1 of any year after the»price index change equals a rise of at least 3 percent, each annuity payable from the F u n d which has a commencing date earlier than January 2 of the preceding year shall be increased by the percent rise in the price index adjusted to the nearest i/io of 1 percent. (b) Eligibility for an annuity increase under this section is governed by the commencing date of each annuity payable from the Fund as of the effective date of an increase, except as follows: (1) Effective from the date of the first increase under this section, an annuity payable from the Fund to an annuitant's survivor (except a child entitled under section 8341(e) of this title), which annuity commenced the day after the death of the annuitant, shall be increased as provided by subsection (a) of this section if the commencing date of annuity to the annuitant was earlier than January 2 of the year preceding the first increase. (2) Effective from its commencing date, an annuity payable from the F u n d to an annuitant's survivor (except a child entitled under section 8341(e) of this title), which annuity commences the day after the death of the annuitant and after the effective date of the first increase under this section, shall be increased by the total percent increase the annuitant was receiving under this section at death. (3) For the purpose of computing an annuity which commences after the effective date of the first increase under this section to a child under section 8341(e) of this title, the items $600, $720, $1,800, and $2,160 appearing in section 8341(e) of this title shall be increased by the total percent increase allowed and in force under this section, and, in case of a deceased annuitant, the items 40 percent and 50 percent appearing in section 8341(e) of this title shall be increased by the total percent increase allowed and in force under this section to the annuitant at death. Effective from the date of the first increase under this section, this paragraph applies as if the first increase were in effect with respect to computation of the annuity of a child under section 8341(e) of this title which commenced l)etween January 2 of the year preceding the first increase and the effective date of the first increase.

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(c) This section does not authorize an increase in an additional annuity purchased at retirement by voluntary contributions. (d) The monthly installment of annuity after adjustment under this section is fixed at the nearest dollar. § 8341. Survivor annuities (a) For the purpose of this section— (1) "widow" means the surviving wife of an employee or Member who— (A) was married to him for at least 2 years immediately before his death; or (B) is the mother of issue by that marriage; C2) "widower" means the surviving husband of an employee or Member who— (A) was married to her for at least 2 years immediately before her death; or (B) is the father of issue by that marriage; (3) "dependent widower" means a widower who— (A) is incapable of self-support because of mental or physical disability; and (B) received more than half his support from the employee or Member; and (4) "child" means— (A) an unmarried child under 18 years of age, including (i) an adopted child, and (ii) a stepchild or recognized natural child who received more than half his support from and lived with the employee or Member in a regular parentchild relationship; (B) such unmarried child regardless of age who is incapable of self-support because of mental or physical disability incurred before age 18; or (C) such unmarried child between 18 and 21 years of age who is a student regularly pursuing a full-time course of study or training in residence in a high school, trade school, technical or vocational institute, junior college, college, university, or comparable recognized educational institution. For the purpose of this paragraph and subsection (e) of this section, a child whose 21st birthday occurs before July 1 or after August 31 of a calendar year, and while he is regularly pursuing such a course of study or training, is deemed to have become 21 years of age on the first day of July after that birthday. A child who is a student is deemed not to have ceased to be a student during an interim between school years if the interim is not more than 4 months and if he shows to the satisfaction of the Civil Service Commission that he has a bona fide intention of continuing to pursue a course of study or training in the same or different school during the school semester (or other period into which the school year is divided) immediately after the interim. (b) If an employee or Member dies after having retired under this subchapter and is survived by a spouse to whom he was married at the time of retirement, the spouse is entitled to an annuity equal to 55 percent of an annuity computed under section 8339(a) - (h) of this title as may apply with respect to the annuitant, or of such portion thereof as may have been designated for this purpose under section 8339 (i) of this title, unless the employee or Member has notified the Commission in writing at the time of retirement that he does not

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desire his spouse to receive this annuity. The annuity of the spouse commences on the day after the retired employee or Member dies. This annuity and the right thereto terminate on the last day of the month before the spouse dies or remarries. (c) The annuity of a survivor named under section 8339(j) of this title is 55 percent of the reduced annuity of the retired employee or Member. The annuity of the survivor commences on the day after the retired employee or Member dies. This annuity and the right thereto terminate on the last day of the month before the survivor dies. (d) If an employee or Member dies after completing at least 5 years of civilian service, the widow or dependent widower of the employee or Member is entitled to an annuity equal to 55 percent of an annuity computed under section 8339(a) - (e) and (h) of this title as may apply with respect to the employee or Member. The annuity of the widow or dependent widower commences on the day after the employee or Member dies. This annuity and the right thereto terminate on the last day of the month before— (1) the widow or dependent widower dies or remarries; or (2) the dependent widower becomes capable of self-support. (e)(1) If an employee or Member dies after completing at least 5 years of civilian service, or an employee or Member dies after retiring under this subchapter, and is survived by a spouse, each surviving child who received more than half of his support from the employee or Member is entitled to an annuity equal to the smallest of— (A) 40 percent of the average pay of the employee or Member divided by the number of children; (B) $600; or (C) $1,800 divided by the number of children. If the employee or Member is not survived by a spouse, each surviving child is entitled to an annuity equal to the smallest of— (i) 50 percent of the average pay of the employee or Member divided by the number of children; (ii) $720; or (iii) $2,160 divided by the number of children. (2) The annuity of the child commences on the day after the employee or Member dies. This annuity granted under this subchapter or under the Act of May 29, 1930, as amended from and after February 28, 1948, and the right thereto terminate on the last day of the month before the child— (A) becomes 18 years of age unless incapable of self-support; (B) becomes capable of self-support after age 18; or (C) dies or marries. However, the annuity of a child who is a student as described by subsection (a)(4) of this section terminates on the last day of the month before he— (i) ceases to be such a student; n i) becomes 21 years of age; or (iii) dies or marries. On the death of the surviving spouse or termination of the annuity of a child, the annuity of any other child or children shall be recomputed and paid as though the spouse or child had not survived the employee or Member. (f) If a Member heretofore or hereafter separated from the service with title to deferred annuity from the F u n d hereafter dies before having established a valid claim for annuity and is survived by a

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spouse to whom married at the date of separation, the surviving spouse— (1) is entitled to an annuity equal to 55 percent of the deferred annuity of the Member commencing on the day after the Member dies and terminating on the last day of the month before the surviving spouse dies or remarries; or (2) may elect to receive the lump-sum credit instead of annuity if the spouse is the individual who would be entitled to the lumpsum credit and files application therefor with the Commission before the award of the annuity. §8342. Lump-sum benefits; designation of beneficiary; order of precedence (a) An employee or Member who is separated from the service, or is transferred to a position not within the purview of this subchapter, is entitled to be paid the lump-sum credit if his separation or transfer occurs and application for payment is filed with the Civil Service Commission at least 31 days before the earliest commencing date of any annuity for which he is eligible. The receipt of payment of the lump-sum credit by the individual voids all annuity rights under this subchapter, until he is reemployed in the service subject to this subchapter. This subsection also applies to an employee or Member separated before October 1, 1956, after completing at least 20 years of civilian service. (b) Under regulations prescribed by the Commission, a present or former employee or Member may designate a beneficiary or beneficiaries for the purpose of this subchapter. (c) Lump-sum benefits authorized by subsections (d) - (f) of this section shall be paid to the person or persons surviving the employee or Member and alive at the date title to the payment arises in the following order of precedence, and the payment bars recovery by any other person: First, to the beneficiary or beneficiaries designated by the employee or Member in a writing received in the Commission before his death. Second, if there is no designated beneficiary, to the widow or widower of the employee or Member. Third, if none of the above, to the child or children of the employee or Member and descendants of deceased children by representation. Fourth, if none of the above, to the parents of the employee or Member or the survivor of them. Fifth, if none of the above, to the duly appointed executor or administrator of the estate of the employee or Member. Sixth, if none of the above, to such other next of kin of the employee or Member as the Commission determines to be entitled under the laws of the domicile of the employee or Member at the date of his death. (d) If an employee or Member dies— (1) without a survivor; or (2) with a survivor or survivors and the right of all survivors terminates before a claim for survivor annuity is filed; or if a former employee or Member not retired dies, the lump-sum credit shall be paid. (e) If all annuity rights under this subchapter based on the service of a deceased employee or Member terminate before the total annuity paid equals the lump-sum credit, the difference shall be paid.

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(f) If an annuitant dies, annuity accrued and unpaid shall be paid. (g) Annuity accrued and unpaid on the termination, except by death, of the annuity of an annuitant or survivor annuitant shall be paid to that individual. Annuity accrued and unpaid on the death of a survivor annuitant shall be paid in the following order of precedence, and the payment bars recovery by any other person: First, to the duly appointed executor or administrator of the estate of the survivor annuitant. Second, if there is no executor or administrator, payment may be made, after 30 days from the date of death of the survivor annuitant, to such next of kin of the survivor annuitant as the Commission determines to be entitled under the laws of the domicile of the survivor annuitant at the date of his death, (h) Amounts deducted and withheld from the basic pay of an employee or Member from the first day of the first month which begins after he has performed sufficient service (excluding service which the employee or Member elects to eliminate for the purpose of annuity computation under section 8339 of this title) to entitle him to the maximum annuity provided by section 8339 of this title, together with interest on the amounts at the rate of 3 percent a year compounded annually from the date of the deductions to the date of retirement or death, shall be applied toward any deposit due under section 8334 of this title, and any balance not so required is deemed a voluntary contribution for the purpose of section 8343 of this title, (i) An employee who— (1) is separated from the service before July 12, 1960; and (2) continues in the service after July 12, 1960, without break in service of 1 workday or more; is entitled to the benefits of subsection (h) of this section. §8343. Additional annuities; voluntary contributions (a) Under regulations prescribed by the Civil Service Commission, an employee or Member may voluntarily contribute additional sums in multiples of $25, but the total may not exceed 10 percent of his basic pay for creditable service after July 31, 1920. The voluntary contribution account in each case is the sum of unrefunded contributions, plus interest at 3 percent a year compounded annually to— (1). the date of payment under subsection (d) of this section, separation, or transfer to a position not within the purview of this subchapter, whichever is earliest; or (2) the commencing date fixed for a deferred annuity or date of death, whicliever is earlier, in the case of an individual who is separated with title to deferred annuity and does not claim the voluntary contribution account. (b) The voluntary contribution account is used to purchase at retirement an annuity in addition to the annuity otherwise provided. For each $100 in the voluntary contribution account, the additional annuity consists of $7, increased by 20 cents for each full year, if any, the employee or Member is over 55 years of age at the date of retirement. (c) A retiring employee or Member may elect a reduced additional annuity instead of the additional annuity described by subsection (b) of this section and designate in writing an individual to receive after his death an annuity of 50 percent of his reduced additional annuity. The additional annuity of the employee or Member making the election is reduced by 10 percent, and by 5 percent for each full 5 years the individual designated is younger than the retiring employee or Member. However, the total reduction may not exceed 40 percent.

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(d) A present or former employee or Member is entitled to be paid the voluntary contribution account if he files application for payment with the Commission before receiving an additional annuity. An individual who has been paid the voluntary contribution account may not again deposit additional sums under this section until, after a separation from the service of more than 3 calendar days, he again becomes subject to this subchapter. (e) If a present or former employee or Member not retired dies, the voluntary contribution acco]/int is paid under section 8342(c) of this title. If all additional annuities or any right thereto based on the voluntary contribution account of a deceased employee or Member terminate before the total additional annuity paid equals the account, the difference is paid under section 8342(c) of this title. § 8344. Annuities and pay on reemployment (a) If an annuitant receiving annuity from the Fund, except— (1) a disability annuitant whose annuity is terminated because of his recovery or restoration of earning capacity; (2) an annuitant whose annuity is based on an involuntary separation from the service other than an automatic separation; or (3) a Member receiving annuity from the F u n d; becomes employed after September 30, 1956, or on July 31, 1956 was serving, in an appointive or elective position, his service on and after the date he was or is so employed is covered by this subchapter. Deductions for the Fund may not be withheld from his pay. An amount equal to the annuity allocable to the period of actual employment shall be deducted from his pay. If the annuitant serves on a full-time basis, except as President, for at least 1 year in employment not excluding him from coverage under section 8331(1)(i) or (ii) of t his title— (A) his annuity on termination of employment is increased by an annuity computed under section 8339(a), (b), (d), (g), and (h) of this title as may apply based on the period of employment and the basic pay, before deduction, averaged during that employment; and (B) his lump-sum credit may not be reduced by annuity paid during that employment. If the described employment of the annuitant continues for at least 5 years, he may elect, instead of the benefits provided by this subsection, to deposit in the Fund an amount computed under section 8334(c) of this title covering that employment and have his rights redetermined under this subchapter. A similar right to redetermination after deposit is applicable to an annuitant— (i) whose annuity is based on an involuntary separation from the service; and (ii) who is separated after October 3, 1961, following a period of employment on a full-time basis which began before October 1, 1956. The employment of an annuitant under this subsection does not create an annuity for or affect the annuity of a survivor. (b) If a Member receiving annuity from the Fund becomes employed in an appointive or elective position, annuity payments are discontinued during the employment and resumed in the same amount on termination of the employment, except that— (1) the retired Member or Member separated with title to immediate or deferred annuity, who serves at any time after sep-

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