Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-10-06
OLDU. S. EMPLOYEES SUFFER
FROM RETIREMENT POLICY
Ousted for Age, Other Doors to Service
Seen Barred by Conflicting
Law interpretations.

inquiry at various quarters leo 10 Tie
conclusion that the action was in ac-
cordance with policy adopted by Sec
rotary Wilbur.
Editors Note-The author is entitled
to the opinion he expresses here. The
Star is informed by the Interior De-
partment. however, that Mr.. Wilbur has
not adopted any fixed policy. and that
each case is decided according to the
various factors that must be taken into
consideration)
In recent article Henry Ford de-
clares that he would prefer to have his
employees between IS and go years of
age, but that he would not care how
much over 60 the men were so long as
they could do their work." and that 1T
is not to be expected that a man of 70
will have as much endurance as one Of
25. It is not at all necessary that he
should have, for by the time man has
reached 70 he ought to have something
a great deal more valuable than physi-
cal strength"
I do not find anything in the act Of
July 3, 1925, nor in the opinion OF the
Attorney General of December Is, 1925,
which justif1es the fixing Of the age OF
the applicant as the test or standard
of his efficiency. It seems to be clearly
contrary to the intent of the legislators
Annuity Not Sufficient.
The maximum annuity of $1,000
granted by the retirement act Is not
sufficient to support family, and one
of these clerks desired to continue In
the Government service. Advice was
plentiful. The courts were suggested;
This meant expense and Decay, ,t ano
perhaps a court decision OF non inter-
ference with what might be considered
an administrative question. Congress
sional influence was suggested. but
clerk who has resided in washington
for a number of years, even II retaining
his voting privilege in the states, Is OUT
of touch with such influence.
An effort was made to erect uans-
fer to another branch Of the Govern
won't service Immediately the neces-
sity for the certificate required by the
retirement act came up. Secretary VIII
hur appeared to be the only person
qualified to furnish it, and he had de-
clined to do so.
At the civil Service Commission there
was furnished a one-page circular cor
tanning list of establishments OUTSIDE
the competitive classifed service.
There were 10 establishments on the
list and it was the understanding that
this list comprised places Where tne re-
tired
vided there was an interim between ms
retirement and his new service. In TINS
list are the Federal Reserve Bank, Feo.
eral Farm Loan Bureau, the DlStrlct Oh
Columbia municipal government tex
cent the police and fire department.
and others, which the circular on the
retirement act issued by the Civil Serv-
ice Commission in 1927 shows not TO De
included in the classified service, put 10
be included in agencies to Wnicn APP
pointments may be made without re-
gard to the civil service laws ana Fuiss'
Eligibility Questioned.
Several Of these establishments were
visited. At one place the question was
raised as to the eligibility OF the re.
tired clerk for appointment in one OF
the executive offices. This started a
new INQUIRY and a search for the per
son with the desired Information. lbs
extended through branches OF the ClVu
Service Commission and OF the tnCelioI
Department. It developed that there Is
a doubt whether a retired Government
clerk can legally be appointed to po-
sition in one of the executive estap-
lishments of the Government even II
the law provides for the appoint
ments of Its personnel without re.
gard to the civil service law. rms
doubt is caused by the wording OF para.
graph 3 of section OF the retlrement
act of July 8, 1925, which READS: NO
person separated from the service VINO
is receiving an annuity under the pro,
visions of this act shall be employed
again in any position Wlthn tne puh-
view of this act"
The question hinges on what positions
are within the purview OF the act. sec
ton 3 of the act, paragraph l, particu-
larizes the employees and groups OF EN-.
Moves to which the retirement act shaH
apply. Among these employees and groups
are persons who have been heretofore
Or may thereafter be given competltlve
status in the classified civil service, WIN
or without competitive examination by
legislative enactment, or under cNl
service rules promulgated by the Presl-
service.
dent. or by executive orders covering
into the competitive classified service
groups of employees with their positions,
or authorizing the appointment OF IN
diyiduals to positions within sucn
AS any of the groups within the un,
classified civil service may be covered
into the classified service by legislative
enactment or by the PRESIDENT or Elk
these positions may be within the per-
view of the retirement law. However,
no definite ruling is available now EEK
cent as to Government corporations. the
stock of which is held by the Unlteo
states. in which case 1t Is held tnaC
such unemployment Is permlsslple);
and probably will not be until an actual
case arises. Then the matter mlgnt oe
submitted to the Controller General IoI
clerk is entitled to draw his retirement
annuity as we'll as his pay for services
in an unclassif1ed position.
District Employees In Group.
Another group of employees mentioned
in paragraph /. said section 8. TO Wnlcn
the retirement act applies and, there
fore re-employment by the retired clerk
is not permissible, is "all regular annual
employees of the municipal government
of the District of Columbia. appointed
directly by the Commissioners or by
other competent authority. including
those employees receiving per diem COM
pensation paid out of general appro-
priations and including public school
employees. excepting school officers and
teachers"
Thus it appears that law which
| was intended as O benefit to the aged
clerk has been construed to his detri-
ment. He cannot be appointed to po-
! sitions in establishments or agencies
which may be brought within the clas-
| sified service, and he Is shut out from
service under most Of the District gov
eminent.
In the newspapers dated August 20,
| 1929, there was published an article
stating that the Civil Service Commits
sion has drawn up an amendment to
the retirement law with reference to
| the feature which provides that After
August 90. 1880. no employe shall be
continued in the civil service OF the