Evening star. [volume] (Washington, D.C.) 1854-1972, 1920-06-22
RETIREMENT ACT
BENEFIT IN REACH
Of UNCLASS|F|ED

visions to All Employees of
Civil Service, Palmer Rules.
President Wilson has authority 10
extend the obligations and benefits OF
the retirement act of May -, 1870, 10
unclassitied employees of the govern
ment who have not been included in
the rssified service. according to an
opinion of Attorney General Palmer
today.
In letter to the President the At
torney General states that he believes
the provisions of the civil service re-
tIrement law confer upon the Pres-
dent authority to extend the act 10
include. among others, charwomen in
the departments. guards and some
Watchmen, as well as laborers
You have recently referred to me 4
letter from the Civil Service Comm: :ss3oa
requesting an expression of my opinion
upon the question whether the presideu.
mas authority to extend the obligations
and benefits of the retirement ac; of
May %, 1920" the Attorney General
wrote.
Would Kill Effect.
Section / of the act provides that
its provisions may be extended by
executive order upon recommendation
of the Civil Service Commiss ion to
include any employe or group Of en-
ployes in the civil service of the
United States not classified at the
time of the passage of this act
To construe this provision as the
Service Com m -
strue 1t, as extending the act only to
employees In positions classified sub.
sequent to the passage of the act,
would give it no effect whatever
since even in its absence all positions
in the civil service not expressly eS
cepted would fall within the scope ci
the act as soon as they are classified.
i think the provision under cor.
sldc-atton ccnfers Upon the Frss,-
dent author.t! TO extend the act IL
individuals occupying unclassified
positions. Consequently your ques-
tion must be answered in the affirma-
tive
Call for Meetings.
In order to arrive at just exactly
what shall be recommended 10 the
President in the matter, and in order
to evolve uniform policy in re-
gard to the unclassifed employees of
the government in this city and else
where, IL Will De the uuty Vi The Alfll
Service Commission to hold confer
ences with the ten departments and
the independent establishments OF
the government here.
While the Civil Service Commission
is bound by the decision of the Attor-
ney General. which in a sense lets
down the bars of retirement to the
great uncla ssified groups of govern
ment workers, it Is generally under
stood in the departments that no eH-
press Recommendations will be made
TO the President on the matter until
broad. general and essentially faiT
lines of policy shall be determined
upon.
The act stipulates that its provis-
ions may be extended ito include any
empIoye or group of employees IN the
civil service of the United States not
classified at the time of the. passage
of the act
Some Quarters Differ.
1t is held that the concluding
words. "at the time of the passage
of the act" are integral with the re-
mainder OF the section. and that had
it not been for this clause there
would have been a fight over the
passage of the act.
Not classified at the time of the
passage of the act is construed in
some quarters to mean that employees
who are not classified at the tine OF
the passage of the act should not
have the provisions of the act ex-
tended to them. and il is declared
that such Interpretation was clearly
the meaning and intent of those who
framed the law and voted for its pas
sage.
1t is feared that if a blanket ordel
were issued following tie decisio-
of the Attorney General. therebs
Letting down the bars" TO all the
workers in the unclassified civil serv-
ice, there would be cases of such
persons being retired on larger an
nuities than their present salaries.
Might Defeat Purpose.
1t would be possible. it is claimed.
for charwoman, for instance, who is
making perhaps $40 year by work
ing an hour or SO a day, to be retired
on an annuity of $500 year and thus
be paid more while retired than when
she worked.
Section of the act declares that
class A of employees shall include all
employees to whom the act applies
who shall have serve1 the United
States for total period of thirty
years or more.
The annuity to retired employe
in this class shall equal so per centum
of such employees annual basic sal
ary, pay or compensation from the
United States for the ten years next
preceding the date on which he or
she shall retire: Provided. That IN
no case shall an annuity in this class
exceed s720 per annum or be less than
1850 per annum.
These provisions of the bill would
make possible the eventuality above
suggested. ii is said. and any such
case would defeat the purpose and
intent of the legislation, it is declared.