Evening star., 1920-06-16
AGED EMPLOYEES
LOSE Jobs WITHOUT
PENSION BENEFITS
Attorney General Rules on
Provisions of Retirement
Law.
Fifteen YEARS. SERVICE
REQUIRED OF WORKERS
Charwoman and Watchman, Each
80, Cited Among Unfortunates
in Government Departments.

Employees of the Interior Depart
nent who have attained the age OF
seventy years but have not rendered
the minimum of fifteen years of serv-
fee required for retirement on an an
nuity shall be automatically dropped
according to a decision handed down
today by Attorney General Palmer.
While the decision was in reply to
letter from Secretary Payne of the
Interior Department, and refers spe-
officially only to employees of that de-
partment, the answer of the Attorney
General in reality covers all such
superannuated employees in all fed
eral departments, both In this city
and elsewhere. it is held.
Copies Sent Department.
Copies of the decision were sent to-
day by Secretary Payne to all heads
of departments in the District for
their guidance in handling the cases
of such employees who come within
the retirement age but have not rem
dered the requisite fifteen years OF
service.
No comparatively large number of
federal employees are effected by the
decision, it is believed. but among
those employees who will be deprived
of retirement under annuity. and OF
their Jobs at the same time, there are
said to be some rather pathetic cases.
Pathetic Cases Cited.
Particularly will it come hard, it is
declared. to automatically separate
from the service next August 20 one
watchman of the Interior Department,
who is now more than eighty years
old and has served in the depart
mept just fourteen years, one less
than necessary. A charwoman in the
pension bureau, which is handling the
administration of the retirement law,
is more than eighty years old, but has
not served fifteen years.
Attorney General Palmer in his de-
cisioD takes up in detail the various
clauses of the retirement law which
seemed to make ambiguous the mat
ter Of retiring or not retiring GER
tain employees and led Secretary
Payne to ask whether such employees
in his department. who have attained
the age of seventy years. but have not
rendered the minimum fifteen years
of service. shall be automatically
dropped.
"Your question must be answered
in the affirmative," Mr.. Palmer de-
cided.
"It would be unreasonable" the de-
cision declares. to construe the act
as providing that one who has rem
dered less than fifteen years service
may be retained in the service beyond
the age Of retirement. regardless OF
his efficiency, while one who has rem
dered fifteen years or more service
can be retained beyond that age only
If efficient. and then only for limited
period.
II have no doubt, therefore, that
~ he
classes enumerated in section is
automatically separated from the
service upon arriving at the age OF
retirement, regardless Of length OF
his service, unless by certification OF
the head of his department and the
approval of the Civil Service Commits
sion he Is continued in the service as
provided in said section s.
Those who have rendered fifteen
years or more service are entitled to
who have rendered less service are
not"
Text of Decision in Full.
The complete decision of the At
torney General follows:
''Dear Mr.. Secretary:
"I beg to acknowledge receipt Of your
letter Of June 5, 1920, requesting an ex-
preston of my opinion upon the ques-
tion whether under the retirement act
of May %. 1920. public No. 215, en-
have attained the age of seventy years
but have not rendered the minimum of
fifteen years of service required for re-
tirement on an annuity shall be auto
matically dropped.
Section 1 of the act. so far as ma
terial here. provides that beginning at
the expiration of ninety days next fol-
lowing the passage of this act all en-
ployes in the classified civil service of
the United States who have on that
,t,oh hoxy
after. reached the age of seventy years
and rendered at last fifteen years of
service shall be eligible for re-
tirement on an annuity Under the
provisions Of section / the act applies
not merely to employees of the United
States but also to the regular annual
employees of the municipal government
of the District Of Columbia, with GER
tain exceptions, and the President is en-
powered to extend the act to employees
or groups of employees in the civil service
of the United States not classified at the
time of it's passage and to exclude from
it's operation certain employees in the
classified service. Postmasters and GER
tain employees of the lighthouse service
are expressly excepted, and in the case
of certain other classes of employees a
lower retirement age is provided for.
Provisions for Annuity.
section 5 provides for the retire.
ment on an annuity of any employe
to whom this act applies who shal
have served for total period of no,
less than fifteen years, and who, be.
fore reaching the retirement age az
fixed in section ! hereof. becomes
totally disabled for useful and efficien,
service by reason of disease or iniur,
not due to vicious habits, intemper.
ance or willful misconduct on the par
OF the employe.'
Section 6, SO far as material here
provides that all employees to whom
this act applies shall, upon the expira
tion of ninety days next succeedins
its passage, If of retirement age, OF
thereafter on arriving at retiremen
age as defined in section l hereof, b,
automatically separated from the sery
ice: Provided, That if within sixty day.
after the passage of this act or no
less than thirty days before the ar
rival of an employee at the age O
retirement the head of the depart
ment. branch, or independent office O
the government in which he or she ii
employed certifies to the Civil Servic
Commission that by reason of his O.
her efficiency and willingness to re
main in the civil service of the United
States the continuance of such EN-
ploye therein would be advantageou
to the public service, such employ
may be retained for a term not ex
ceeding two years upon approval ant
certification by the Civil Service Com
mission, and at the end of the twt
years he or she may, by similar ap
proval and certificati ton. be continued
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