Evening star., 1925-01-13
WORKERS REGAIN
RIGHT TO RETIRE
Federal Employees Denied
Privilege, Due to Transfers,
Given Former Status.

Many Government employees who
had lost the privileges of the retire
ment law by transfer from a Civil
Service to an unclassifed status are
given back those privileges under
| regulations issued today by Hays
Haymaker, acting commissioner of
pensions, acting on authority of two
decisions by Attorney General Stone.
The regulations and the Attorney
Generals decision, 1t was said in
Mr.. Haymaker's memorandum to
heads of all departments and inde-
pendent establishments, have far
reaching Importance in the admins
tration of the retirement law, and
| 1T becomes necessary to adjust many
cases which were administered under
the terms of the original act"
Regulations Provided.
Regulations are laid down provid-
ing for the return to their former
status of persons who had lost the
retirement benefits and arrangements
nave been made whereby the financial
difficulties attendant upon their re-
establishment may be adjusted
Numerous employees" said Mr..
Haymaker, who were transferred
tios have received repayment of the
deductions (from their salaries for
the retirement fund.- as provided by
section IL of the original retirement
act of May %, 1920.
Amounts to BE Recovered.
These amounts in certain cases
VIII have to be recovered with in
terest, and collection of the current
deductions with interest accruing
since transfer will also be necessary
AS to those officers and employees who
nave reached retirement age, it will be
necessary to now apply the provi-
sions of section 6 of the retirement
law In respect to retirmnt upon
reaching the specified retirement
age, or to make proper certification
for continuance in the service as
therein provided
How many persons will be bene-
fitted under the new regulations was
not known today, but it was under
stood to be a large number
Two Opinions Quoted.
Two opinions on the matter by At
torney General Stone were made pub
lie, in the first of which he ruled.
Any person who has acquired a COM
pettiVe status in the classified civil
service retains that status so long as
ne remains continuously in the execu-
tive civil service. although he NAV
have been or may be transferred To a
non-classified position. Such persons
are at All times eligible for retransfer
TO a classified position and are en-
titled to the benefits of the civil serv-
Ice retirement act under the construc-
ton given that act by the act of
March 81, 1922"
The Attorney General, however
held that the benefit of the law did
! not belong to deputy collectors of
internal revenue, and other officers
VINO have been or may be appointed
without regard to the civil service
law, and rules made pursuant there
10, even though such persons
may take an examination prescribed
by the Civil Service Commission and
be appointed from the civil service
eligible list"
Intcrprsts Original Decision.
In further interpreting his origi-
nal decision, Mr.. Stone declared that
the privileges of retirement were held
ITO belong to those persons who have
acquired a competitive status in the
classified civil service and subse-
quently have accepted appointments
by the President to non-classified
positions and have been CONFIRMED
IIlei LII ny LHc ochdtt, SO IOuR as SUCH
persons remain continuously in the
executive or judicial civil service of
the United States
Formerly under the previous in
terpretation- of section IL of the re-
tirement act, Mr.. Haymaker explain
ed IAN employe transferred from \
classified to an unclassified position
was not subject to the act, and no
deductions for that period were
chargeable against his salary)."
Question Of Administration.
This raised one of the first aues-
tions of administration, it was said.
as to the date in relation to which
! the adjustment in funds should be
made. This date has been fixed at
March 27, 1922, for the beginning of
deductions from the salaries of en-
ployes who now will be eligible for
reinstatement to retirement privi-
leges.
So sharply have the Attorney Gen.
erals decisions reversed the prac-
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