Page:United States Statutes at Large Volume 78.djvu/529

 78 STAT. ]

PUBLIC LAW 88-448-AUG. 19, 1%4

SEC. 203. The last two sentences of section 203(a) of the Annual and Sick Leave Act of 1951 (5 U.S.C. 2062(a)) are amended to read as follows: "Except as otherwise provided in this subsection, in determining years of service for the purposes of this subsection, there shall be included all service creditable under the provisions of section 3 of the Civil Service Retirement Act for the purposes of an annuity under such Act and the determination of the period of service rendered m a j be made upon the basis of an affidavit of the employee. Active military service of a retired member of any of the uniformed services is not creditable in determining years of service for the purpose of this subsection unless— "(1) his retirement was based on disability (A) resulting from injury or disease received in line of duty as a direct result of armed conflict or (B) caused by an instrumentality of war and incurred in the line of duty during a period of war (as defined in sections 101 and 301 of title 38, United States Code); or "(2) immediately prior to the effective date of this sentence, he was employed in a civilian office to which this Act applies and, on and after such date, he continued to be employed in any such office without a break in service of more than thirty days; or "(3) such service was performed in the armed forces during any war, or in any campaign or expedition (for which a campaign badge has been authorized). In the case of an officer or employee who is not paid on the basis of biweekly pay periods, the leave provided W this title shall accrue on the same basis as it would accrue if such officer or employee were paid on the basis of biweekly pay periods.". SEC. 204. (a) A retired member of any of the armed forces may be appointed to serve in a civilian office in or under the Department of Defense during the period of one hundred and eighty days immediately following his retirement only if— (1) the proposed appointment is authorized by the Secretary concerned (or his designee for the purpose), and, if such civilian office is in the competitive civil service, after approval by the United States Civil Service Commission; or (2) the minimum rates of basic compensation for such civilian office have been increased under authority of section 504 of the Federal Salary Reform Act of 1962 (5 U.S.C. 1173); or (3) a state of national emergency exists. (b) A request by appropriate authority for the authorization, or the authorization and approval, as the case may be, required by subsection (a)(1) of this section shall be accompanied by a statement which shows the actions taken to assure that— (1) full consideration, in accordance with placement and promotion procedures of the department concerned, was given to eligible career employees; and (2) when selection is by other than certification from an established civil service register, the vacancy has been publicized to give all interested candidates an opportunity to apply; and (3) qualification requirements for the position have not been written in a manner designed to give advantage to such retired member; and (4) the position has not been held open pending the retirement of such retired member. 31-667 0-65—34

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