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authority to ascertain currently the facts as to the duties and responsibilities of any such position and to review and, subject to the President's approval, to change the allocation thereof whenever in its opinion, the facts warrant: Provided, That such review and change shall be made only after consultation with the heads of the departments concerned and after affording all incumbents of positions affected an opportunity to be heard, of which hearing a permanent written record shall be made and kept, including all testimony taken: Provided further, That in all cases where the commission shall change the allocation of a position to a lower grade the rate of pay fixed for such position prior to such change may be continued so long as the position is held by the incumbent then occupying it. (July 3, 1930, ch. 850, 4, 46 Stat. 1005; June 30, 1932, ch, 314, $ 505, 47 Stat. 416.)
ABOLISHMENT OF BOARD
The Personnel Classification Board was abolished and its duties, functions, etc., transferred to the Civil Service Commission by act June 30, 1932, cited to text.
8 673c. Restoration of wage rates; adjustment of weekly rates and hours of employees.-The weekly compensation, minus any general percentage reduction which may be prescribed by Act of Congress, for the several trades and occupations, which is set by wage boards or other wage-fixing authorities, shall be reestablished and maintained at rates not lower than necessary to restore the full weekly earnings of such employees in accordance with the full-time weekly earnings under the respective wage schedules in effect on June 1, 1932: Provided, That the regular hours of labor shall not be more than forty per week; and all overtime shall be compensated for at the rate of not less than time and one half.
Where the adjustment of regular hours of duty of employees subject to the provisions of the preceding paragraph requires the adjustment of regular hours of duty of any employee whose compensation is fixed under sections 661-663, 664-673 and 674 of this title, the aggregate weekly earnings of such employee whose compensation is fixed under sections 661-663, 664-673 and 674 of this title, for full-time service shall not be less by reason of such adjustment than his aggregate weekly earnings for fulltime service prior to March 28, 1934. Full-time service within the meaning of this paragraph shall not be less than forty hours per week. For the purposes of this paragraph, authority is hereby granted to adjust the hourly rates of compensation of employees whose compensation is fixed under sections 661-663, 664-673 and 674 of this title, to such extent as may be necessary to make the aggregate compensation for a forty-hour week equal to the compensation for a full-time week prior to March 28, 1934. (Mar. 28, 1934, ch. 102, title II, $ 23, 48 Stat. 522; June 26, 1936, ch. 832, § 1, 49 Stat. 1969.)
EFFECTIVE DATE Section 2 of act June 26, 1936, ch. 832, cited to the text, provided that the second paragraph of this section should become effective on July 1, 1936. § 674. Estimates of expenditures and appropriations in Budget to conform to classifications; rates of compensation, when effective. The estimates of the expenditures and appropriations set forth in the Budget to be transmitted by the President to Congress on the first day of the next ensuing regular season shall conform to the classification herein provided, and the rates of salary in the compensation schedules shall not become effective until the first day of the fiscal year estimated for in such Budget. (Mar. 3, 1923, ch. 265, § 14, 42 Stat. 1499.)
$ 677. Salaries of persons in the field service; payment. Those civilian positions in the field services under the several executive departments and independent establishments, the compensation of which was fixed or limited by law but adjusted for the fiscal year 1925 under the authority and appropriations contained in the Act entitled "An Act making additional appropriations for the fiscal year ending June 30, 1925, to enable the heads of the several executive departments and independent establishments to adjust th rates of compensation of civilian employees in certain of the field services”, approved December 6, 1924 (43 Stat. 704), may be paid under the applicable appropriations for the fiscal year 1929 and thereafter at rates not in excess of those permitted for them under the provisions of such Act of December 6, 1924. (Mar. 5, 1928, ch. 126, § 2, 45 Stat. 193.)
CROSS REFERENCE Adjustment by heads of departments of compensation of certain civilian positions in the field services, see sections 678, of this title.
§ 678. Same; adjustment by heads of executive departments and independent establishments.—The heads of the several executive departments and independent establishments are authorized to adjust the compensation of certain civilian positions in the field services, the compensation of which was adjusted by the Act of December 6, 1924 (43 Stat. 604), to correspond, so far as may be practicable, to the rates established by section 673 of this title for positions in the departmental services in the District of Columbia: Provided, That in all cases where, since December 6, 1924, in such adjustment the position occupied by an employee has been or shall be allocated to a grade with a maximum salary below the salary received by the incumbent, the rate of pay fixed for such position prior to such allocation may be paid after June 16, 1933, so long as the position is held by the incumbent occupying it at the time of such allocation and the Comptroller General of the United States is authorized and directed to allow credit in disbursing officers' accounts for all payments made prior to June 16, 1933, at such higher rates. (May 28, 1928, ch. 814, § 3, 45 Stat. 785; June 16, 1933, ch. 101, § 17, 48 Stat. 308.)
EMPLOYEES AFFECTED BY ACT AUG. 1, 1942 Act Aug. 1, 1942, ch. 543, § 2 (a), 56 Stat. 735, section 1 of which amended pay paragraphs for grades 1 and 2 of "Subprofessional Service" and all of “Crafts, Protective, and Custodial Service” preceding grade 9 thereof in section 673 of this title, and section 2 (b) of which amended section 681 (d) (viii) of this title, provided as follows: "Until such time as the provisions of title II of the Act of November 26, 1940 (Public, Numbered 880, Seventy-sixth Congress) (sections 632, 635, 669, 681-684, of this title), becomes effective, the heads of the several executive departments and independent establishments having field positions in the grades affected by this Act (grades 1-8 under Crafts, Protective, and Custodial Service in section 673 of this title), the compensation of which is required to be fixed in accordance with section 13 of the Classification Act of 1923, as amended (section 673 of this title), are authorized and directed to adjust such compensation to conform to the rates established for such grades under this Act."
§ 679. Classified civil service; definition.-The expression “classified civil service" as the same occurs in acts of Congress shall, unless otherwise provided, be construed to include all persons who have been or may be given a competitive status in the classified civil service, with or without competitive examination, by legislative enactment, or under the civil service rules promulgated by the President, or by Executive orders covering groups of employees with their positions into the competitive classified service or authorizing the appointment of individuals to positions within such service. (Mar. 27, 1922, ch. 116, 42 Stat. 470.)
8 681. Extension of Classification Act by President-(a) Extension of chapter to position in agencies of Government.-Subject to the limitations contained in this section, whenever the President, after such classification and compensation surveys or investigations as he may direct the Commission to undertake, and upon consideration of the Commission's resulting reports and recommendations, shall find and declare that an extension of the provisions of sections 661-673 and 674 of this title, to any offices or positions in the agencies of the Government is necessary, to the more efficient operation of the Government, he may by Executive order extend the provisions of sections 661-673 and 674 of this title, to any such offices or positions not at the time subject to such provisions: Provided, That in the case of any federally owned and controlled corporation organized under the laws of any State, Territory, or possession of the United States (including the Philippine Islands), or the District of Columbia, the President is authorized to direct that such action be taken as will permit the compensation of such offices or positions to be fixed in accordance with sections 661-673 and 674 of this title, consistently with the laws of any such State, Territory, or possession, or the District of Columbia, or with the charter or articles of incorporation of any such corporation.
(b) Prescription of additional classification services and grades where necessary. Whenever the President, upon report and recommendation by the Commission, shall find and declare that one or more officers or positions to which sections 661-673 and 674 of this title, as extended, is applicable, may not fairly and reasonably be allocated to the professional and scientific service, the subprofessional service, the clerical, administrative, and fiscal service, the custodial service, or the clerical-mechanical service, as described in sections 661-673 and 674 of this title, he may by Executive order prescribe and define such additional classification services and grades thereof as he may deem necessary and shall describe, and fix the ranges of compensation for, the grades of such services within the limits of sections 661-673 and 674 of this title, so that they shall be comparable, as nearly as may be, with the grades in said sections for offices or positions that are comparable as to duties, responsibilities, qualifications required, and other conditions of employment.
(c) Establishment of necessary schedules of differentials in rates prescribed by compensation schedules. Whenever the President, upon report and recommendation by the Commission, shall find and declare that the rates of the compensation schedules of sections 661-673 and 674 of this title, are inadequate for any offices or positions under such sections, as extended, he may by Executive order establish nécessary schedules of differentials in the rates prescribed in such compensation schedules, but the differentials in the compensation of any such office or position shall not exceed 25 per centum of the minimum rate of the grade to which such office or position is allocated under such compensation schedules: Provided, That the provisions of this subsection shall be applicable only to such offices or positions having the following characteristics :
Offices or positions which are located at stations that are isolated, remote, or inaccessible when compared with stations at which offices or positions of the same character are usually located, or which involve physical hardships or hazards that are excessive when compared with those usually involved in offices or positions of the same character, or which are located outside the States of the United States and the District of Columbia: Provided further That nothing herein contained shall preclude the Commission from taking the factor of isolation, hardship, hazard, or foreign service into consideration in allocating a given class of offices or positions to a service and grade under sections 661673 and 674 of this title, if such factor is uniformly involved in each office or position in the class, in which event no differential is authorized under this section.
(e) Prohibition against racial, religious, or color discrimination.--In carrying out the provisions of sections 681-684 of this title, and the provisions of sections 661-673 and 674 of this title, there shall be no discrimination against any person, or with respect to the position held by any person, on account of race, creed, or color. (Nov. 26, 1940, ch. 919, title II, § 3, 54 Stat. 1212.)
$ 682. Same; exclusion of certain offices and positions from Classification Act.-The President is authorized, after suitable investigation by the Commission, which shall include consultation with representatives of the heads of executive departments and independent agencies, in or under the jurisdiction of which the offices or positions hereinafter designated are located, and upon a finding that such action is necessary to the more efficient operation of the Government, to exclude, by Executive order, from the provisions of sections 661-673 and 674 of this title as extended under sections 681-684 of this title
Offices or positions on work which is financed jointly by the United States and a State, Territory, or possession of the United States (including the Philippine Islands), or political subdivision thereof, or cooperating persons or organizations outside the
service of the Federal Government, and the pay of which is fixed under a cooperative agreement with the United States; offices or positions, none or only part of the compensation of which is paid from funds of the United States; offices or positions filled by inmates, patients, students, or beneficiaries in Government institutions; offices or positions outside the States of the United States and the District of Columbia filled by natives of Territories or possessions of the United States (including the Philippine Islands) or foreign nationals; emergency or seasonal offices or positions in the field service, or other field offices or positions, the duties of which are of purely temporary duration, or which are required only for brief periods at intervals; and offices or positions filled by persons employed locally on a fee, contract, or piece-work basis who may lawfully perform their duties concurrently with their private profession, business, or other employment and whose duties require only a portion of their time, where it is impracticable to ascertain or anticipate the proportion of time devoted to the service of the Federal Government. (Nov. 26, 1940, ch. 919, title II, § 4, 54 Stat. 1214.)
8 683. Same; allocation to services, grades, and classes, and fixing initial compensation of positions and offices.—When any extension of sections 661-673 and 674 of this title, becomes effective under sections 681-684 of this title
(a) The allocations of offices or positions to services, grades, and classes shall be made as set forth in section 664 of this title and in accordance with a uniform procedure to be prescribed by the Commission; and
(b) The initial compensation of the incumbents of the offices or positions to which the provisions of sections 661-673 and 674 of this title are extended under sections 681-684 of this title, shall be fixed in accordance with section 666 of this title. (Nov. 26, 1940, ch. 919, title II, § 5, 54 Stat. 1215.)
§ 684. Same; effect on promotions and applications of veteranpreference provisions.-Nothing contained in sections 631a, 631b, 681-684, and the last paragraph of section 669 of this title shall be construed to prevent the promotion of an officer or employee from an office or position in one class to a vacant office or position in a higher class at any time in accordance with civil-service laws, and when so promoted the officer or employee shall receive compensation according to the schedule established for the class to which he is promoted. Nor shall anything in section 631a, 6310, 681-684, and the last paragraph of section 669 of this title be construed to prevent the application of the existing veteranpreference provisions in civil-service laws, Executive orders, and rulings. (Nov. 26, 1940, ch. 919, title II, § 6, 54 Stat. 1215.)
RETIREMENT OF CIVIL SERVICE EMPLOYEES § 691. Voluntary retirement; involuntary retirement of disqualied employees; payment of annuities; automatic separation. -(a) All officers and employees to whom this chapter applies who shall have attained, or shall hereafter attain the age of seventy years and have rendered at least fifteen years of service computed as prescribed in section 707 of this title shall be