Page:United States Statutes at Large Volume 56 Part 1.djvu/42

 PUBLIC LAWS-CH. 16 -JAN. 24, 1942 46 Stat. 471 . 472. prescribed in section 5 of this Act shall be eligible for retirement on Post, p. 16. an annuity as provided in section 4 hereof. Optionalretirement. "(b) Any officer or employee to whom this Act applies who shall have attained, or shall hereafter attain the age of sixty years and have rendered at least thirty years of service computed as prescribed 46 Stat. 472 . in section 5 of this Act, or who shall have attained, or shall hereafter 5US. C. 07. attain the age of sixty-two years and have rendered at least fifteen 46 Stat. 471 . years of such service may, upon his own option, retire and shall be 5ropip. 16 . 9 paid an annuity computed as provided in section 4 of this Act. Retirement re- (c) The head of a department or independent Government agency ued by employing concerned may request the retirement of any such officer or employee described in subsection (b) of this section who, by reason of a dis- qualification is unable to perform satisfactorily and efficiently the duties of his position or some other position of the same grade or class as that occupied by the employee and to which he could be Notification to em- assigned. No such request shall be submitted to the Civil Service ploye. Commission unless and until the said officer or employee has been R;iht of hearing. notified in writing of the proposed retirement. Each such officer or employee shall, upon request by him, have opportunity for a hearing before the Civil Service Commission, at which hearing the officer or employee may appear in person or he may be represented by a person of his choice. No such officer or employee shall be so retired unless the Civil Service Commission after examination finds that he is so disqualified. The determination of the Civil Service Commission as to whether the officer or employee shall be retired under this subsec- 46 Stt.471. tion shall be final and conclusive. Any person so retired shall be 5"Pi.S. C6. paid an annuity computed as provided in section 4 hereof. Nothing Ps"et, p. 147. in this subsection shall be deemed to authorize any person to request the retirement of any elective officer, any officer or employee in the legislative branch of the Government within the classes of officers and employees which were made eligible for the benefits of this Act by 50 stat. 512. the Act of July 13, 1937, or any employee of the office of the Architect 5U.S.c. 63b. of the Capitol. Voluntary retire- "(d) Any officer or employee who has completed thirty years of ment. 46 stat. 472. service computed in accordance with the provisions of section 5 hereof U.S.C . §707. and who has reached or may hereafter reach the age of fifty-five years may voluntarily retire and shall be paid an immediate life annuity beginning on the first day of the month following the date of separation from the service having a value equal to the present 46BStat. 471. worth of a deferred annuity at the age of sixty years computed as isU. s. C. pt, p. 6. provided in section 4 of this Act. If options not exer- "If none of the options provided in this section is exercised prior to the date upon which the officer or employee would otherwise be eligible for retirement from the service, the provisions of this Act with respect to automatic separation from the service shall apply." 46 Stat4. .SEC. 2. Strike out all of section 2 of the Act of May 29, 1930, as amended, and insert in lieu thereof the following: Automatic separ- "(a) Except as provided in section 204 of the Act of June 30, tion. 5 U. S. C. i1ns, 1932 (47 Stat. 404), and section 3 of the Act of July 13, 1937 (50 Stat. 512), all officers or employees to whom this Act applies shall, on the last day of the month in which they attain retirement age as defined in the preceding section; and having rendered at least fifteen years of service, be automatically separated from the service, and all Adace notice to salary, pay, or compensation shall cease from that date, and it shall be the duty of the head of each department, branch, or independent office of the Government concerned to notify each such employee under his direction of the date of his separation from the service at [56 STAT.
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