§ 709. — Technicians: employment, use, status.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 32USC709]
TITLE 32--NATIONAL GUARD
CHAPTER 7--SERVICE, SUPPLY, AND PROCUREMENT
Sec. 709. Technicians: employment, use, status
(a) Under regulations prescribed by the Secretary of the Army or the
Secretary of the Air Force, as the case may be, and subject to
subsections (b) and (c), persons may be employed as technicians in--
(1) the administration and training of the National Guard; and
(2) the maintenance and repair of supplies issued to the
National Guard or the armed forces.
(b) Except as authorized in subsection (c), a person employed under
subsection (a) must meet each of the following requirements:
(1) Be a military technician (dual status) as defined in section
10216(a) of title 10.
(2) Be a member of the National Guard.
(3) Hold the military grade specified by the Secretary concerned
for that position.
(4) While performing duties as a military technician (dual
status), wear the uniform appropriate for the member's grade and
component of the armed forces.
(c)(1) A person may be employed under subsection (a) as a non-dual
status technician (as defined by section 10217 of title 10) if the
technician position occupied by the person has been designated by the
Secretary concerned to be filled only by a non-dual status technician.
(2) The total number of non-dual status technicians in the National
Guard is specified in section 10217(c)(2) of title 10.
(d) The Secretary concerned shall designate the adjutants general
referred to in section 314 of this title to employ and administer the
technicians authorized by this section.
(e) A technician employed under subsection (a) is an employee of the
Department of the Army or the Department of the Air Force, as the case
may be, and an employee of the United States. However, a position
authorized by this section is outside the competitive service if the
technician employed in that position is required under subsection (b) to
be a member of the National Guard.
(f) Notwithstanding any other provision of law and under regulations
prescribed by the Secretary concerned--
(1) a person employed under subsection (a) who is a military
technician (dual status) and otherwise subject to the requirements
of subsection (b) who--
(A) is separated from the National Guard or ceases to hold
the military grade specified by the Secretary concerned for that
position shall be promptly separated from military technician
(dual status) employment by the adjutant general of the
jurisdiction concerned; and
(B) fails to meet the military security standards
established by the Secretary concerned for a member of a reserve
component under his jurisdiction may be separated from
employment as a military technician (dual status) and
concurrently discharged from the National Guard by the adjutant
general of the jurisdiction concerned;
(2) a technician may, at any time, be separated from his
technician employment for cause by the adjutant general of the
jurisdiction concerned;
(3) a reduction in force, removal, or an adverse action
involving discharge from technician employment, suspension, furlough
without pay, or reduction in rank or compensation shall be
accomplished by the adjutant general of the jurisdiction concerned;
(4) a right of appeal which may exist with respect to paragraph
(1), (2), or (3) shall not extend beyond the adjutant general of the
jurisdiction concerned; and
(5) a technician shall be notified in writing of the termination
of his employment as a technician and, unless the technician is
serving under a temporary appointment, is serving in a trial or
probationary period, or has voluntarily ceased to be a member of the
National Guard when such membership is a condition of employment,
such notification shall be given at least 30 days before the
termination date of such employment.
(g) Sections 2108, 3502, 7511, and 7512 of title 5 do not apply to a
person employed under this section.
(h) Notwithstanding sections 5544(a) and 6101(a) of title 5 or any
other provision of law, the Secretary concerned may prescribe the hours
of duty for technicians. Notwithstanding sections 5542 and 5543 of title
5 or any other provision of law, such technicians shall be granted an
amount of compensatory time off from their scheduled tour of duty equal
to the amount of any time spent by them in irregular or overtime work,
and shall not be entitled to compensation for such work.
(i) The Secretary concerned may not prescribe for purposes of
eligibility for Federal recognition under section 301 of this title a
qualification applicable to technicians employed under subsection (a)
that is not applicable pursuant to that section to the other members of
the National Guard in the same grade, branch, position, and type of unit
or organization involved.
(Aug. 10, 1956, ch. 1041, 70A Stat. 614; Pub. L. 87-224, Sec. 2, Sept.
13, 1961, 75 Stat. 496; Pub. L. 90-486, Sec. 2(1), Aug. 13, 1968, 82
Stat. 755; Pub. L. 92-119, Sec. 2, Aug. 13, 1971, 85 Stat. 340; Pub. L.
96-513, title V, Sec. 515(5)-(7), Dec. 12, 1980, 94 Stat. 2937; Pub. L.
103-160, div. A, title V, Secs. 523(a), 524(c), (d), Nov. 30, 1993, 107
Stat. 1656, 1657; Pub. L. 103-337, div. A, title X, Sec. 1070(b)(2),
(d)(5), Oct. 5, 1994, 108 Stat. 2856, 2858; Pub. L. 104-106, div. A,
title X, Sec. 1038(a), Feb. 10, 1996, 110 Stat. 432; Pub. L. 105-85,
div. A, title V, Sec. 522(c), Nov. 18, 1997, 111 Stat. 1735; Pub. L.
106-65, div. A, title V, Sec. 524, Oct. 5, 1999, 113 Stat. 599.)
Historical and Revision Notes
----------------------------------------------------------------------------------------------------------------
Revised section Source (U.S. Code) Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
709(a)................................ 32:42 (1st par.). June 3, 1916, ch. 134, Sec. 90;
32:42a (less 28 words before 1st restated June 4, 1920, ch. 227,
proviso). subch. I, Sec. 46; restated Mar.
709(b)................................ 32:42 (2d par., and last sentence 1, 1922, ch. 90; restated June 6,
of 4th par.). 1924, ch. 275, Sec. 5; restated
709(c)................................ 32:42 (3d par.). May 28, 1926, ch. 417, Sec. 1;
709(d)................................ 32:42 (4th par., less last Apr. 21, 1928, ch. 397; June 19,
sentence). 1935, ch. 277, Sec. 6; June 13,
709(e)................................ 32:42 (last par., less proviso). 1940, ch. 343 (1st proviso under
32:42a (28 words before 1st ``National Guard''); restated Oct.
709(f)................................ proviso). 14, 1940, ch. 875, Sec. 1, 54
32:42 (proviso of last par.). Stat. 1134.
June 25, 1938, ch. 688, 52 Stat.
1173.
----------------------------------------------------------------------------------------------------------------
In subsection (a), the words ``may be spent'' are substituted for
the words ``shall be available''. The reference to animals for military
purposes and forage, bedding, and other supplies and services for them,
is omitted as obsolete, since animals are not now authorized for the
National Guard. The word ``persons'' is substituted for the word
``help''. The words ``Army National Guard'' and ``Air National Guard''
are substituted for the words ``organizations of all kinds''. The words
``the support of'' are omitted as surplusage. The words ``A caretaker
employed under this subsection'' are substituted for the words ``Moneys
hereafter appropriated under the provisions of this title for
compensation of help for care of material, animals, armament, and
equipment, in the hands of the National Guard of the several States,
Territories, and the District of Columbia shall be available for the
hire of caretakers''. The words ``and other duties that do not interfere
with the performance of his duties as caretaker'' are substituted for
32:42a (1st proviso). 32:42a (2d and 3d provisos) is omitted as
executed.
In subsection (b), the words ``However, if a unit has more than one
caretaker'' are substituted for the words ``but if there are as many as
two caretakers in any unit''. The words ``under this section'', in the
first sentence of the revised subsection, are inserted for clarity. The
words ``under this section'', in the second sentence of the revised
subsection, are substituted for the words ``paid to caretakers who
belong to the National Guard, as herein authorized''. The words ``under
any of the provisions of this title'' are omitted as surplusage.
In subsection (c), the words ``or organizations thereof'' are
omitted as surplusage.
In subsection (d), the words ``one commissioned officer * * * in a
grade below major * * * for each pool set up under subsection (c) and
for each squadron of the Air National Guard'' are substituted for the
words ``one such officer not above the grade of captain for each
heavier-than-air squadron; and one such officer not above the grade of
captain for each pool''.
In subsection (e), the words ``Funds appropriated by Congress'' are
substituted for the words ``Funds hereafter appropriated under the
provisions of this title for the support of'', in 32:42, and ``such
moneys'', in 32:42a. The words ``are in addition to'' are substituted
for the words ``shall be supplemental to'', in 32:42, and ``may be used
as supplemental to'', in 32:42a.
In subsection (f), the words ``authorized to be employed under this
section'' are substituted for the words ``authorized to be employed''.
The words ``person to employ them'' are substituted for the words ``by
whom they shall be employed''. The words ``by regulations'' are omitted,
since the Secretary has inherent authority to issue regulations
appropriate to exercising his statutory functions.
Amendments
1999--Pub. L. 106-65 amended section catchline and text generally,
revising and restating provisions relating to employment, use, and
status of technicians.
1997--Subsec. (b). Pub. L. 105-85 substituted ``A technician'' for
``Except as prescribed by the Secretary concerned, a technician''.
1996--Subsec. (b). Pub. L. 104-106 amended subsec. (b) generally.
Prior to amendment, subsec. (b) read as follows: ``Except as prescribed
by the Secretary concerned, a technician employed under subsection (a)
shall, while so employed, be a member of the National Guard and hold the
military grade specified by the Secretary concerned for that position.''
1994--Subsec. (e)(6). Pub. L. 103-337, Sec. 1070(d)(5)(A),
substituted ``30 days before'' for ``thirty days prior to''.
Pub. L. 103-337, Sec. 1070(b)(2), made technical correction to
directory language of Pub. L. 103-160, Sec. 524(c). See 1993 Amendment
note below.
Subsec. (g)(2). Pub. L. 103-337, Sec. 1070(d)(5)(B), substituted
``paragraph (1)'' for ``clause (1) of this subsection''.
1993--Subsec. (e)(6). Pub. L. 103-160, Sec. 524(c), as amended by
Pub. L. 103-337, Sec. 1070(b)(2), inserted ``, unless the technician is
serving under a temporary appointment, is serving in a trial or
probationary period, or has voluntarily ceased to be a member of the
National Guard when such membership is a condition of employment,''
after ``termination of his employment as a technician and''.
Subsec. (h). Pub. L. 103-160, Sec. 524(d), struck out subsec. (h)
which read as follows: ``In no event shall the number of technicians
employed under this section at any one time exceed 53,100.''
Subsec. (i). Pub. L. 103-160, Sec. 523(a), added subsec. (i).
1980--Subsec. (f). Pub. L. 96-513, Sec. 515(5), struck out ``,
United States Code,'' after ``title 5''.
Subsec. (g). Pub. L. 96-513, Sec. 515(6), substituted ``6101(a) of
title 5'' for ``6102 of title 5, United States Code,'' in two places,
``5332 of title 5'' for ``5332 of title 5, United States Code'' and
``5543 of title 5'' for ``5543 of title 5, United States Code,''.
Subsec. (h). Pub. L. 96-513, Sec. 515(7), struck out limitation of
49,200 technicians employed during the fiscal year beginning July 1,
1971.
1971--Subsec. (h). Pub. L. 92-119 increased number of technicians
employable under section from 42,500 to 53,100 with exception that such
number is fixed at 49,200 for fiscal year beginning July 1, 1971.
1968--Pub. L. 90-486 substituted ``Technicians: employment, use,
status'' for ``Caretakers and clerks'' in section catchline.
Subsec. (a). Pub. L. 90-486 substituted provisions that persons may
be employed as technicians in administration and training of National
Guard and maintenance and repair of supplies issued to National Guard or
armed forces for provisions that authorized the Secretaries of the Army
and the Air Force to hire, out of funds allotted to them for the Army
National Guard and the Air National Guard, respectively competent
persons to care for material, armament, and equipment of the Army
National Guard and Air National Guard, and provisions that a caretaker
so employed may also perform clerical duties incidental to his
employment and other duties that do not interfere with performance of
his duties as caretaker.
Subsec. (b). Pub. L. 90-486 substituted provisions requiring, except
as prescribed by the Secretary concerned, any technician employed to be
a member of the National Guard and hold the military grade specified by
the Secretary concerned for that position for provisions permitting
civilians as well as enlisted men to be employed as caretakers, provided
that if a unit has more than one caretaker, one of them must be an
enlisted member, and provisions that any compensation under this section
is in addition to compensation otherwise provided for a member of the
National Guard.
Subsec. (c). Pub. L. 90-486 substituted provisions authorizing the
Secretary concerned to designate adjutants general to employ and
administer the technicians authorized by this section for provisions
authorizing the Secretary concerned to place in a common pool for care,
maintenance, and storage the material, armament, and equipment of the
Army National Guard or Air National Guard, with proviso that not more
than 15 caretakers be employed for each pool.
Subsec. (d). Pub. L. 90-486 substituted provisions that a technician
employed under subsec. (a) is an employee of the particular department
concerned, and an employee of the United States, with proviso that a
position authorized by this section is outside competitive service if
technician so employed is required under subsec. (b) to be a member of
the National Guard, for provisions that one commissioned officer of the
National Guard in a grade below major may be employed for each pool set
up and for each squadron of the Air National Guard.
Subsec. (e). Pub. L. 90-486 substituted provisions authorizing the
adjutant general of the jurisdiction concerned to separate from
technicians employment any technician for the specified grounds,
provisions requiring the technician concerned to be notified in writing
of the termination of his employment at least 30 days prior to the
termination date of such employment, and provisions granting a limited
right of appeal from such termination, for provisions appropriating
funds by Congress for the National Guard as additional to funds
appropriated by the several states and territories, etc., and provisions
making such funds available for the hire of caretakers and clerks.
Subsec. (f). Pub. L. 90-486 substituted provisions making
inapplicable sections 2108, 3502, 7511, and 7512 of Title 5 to any
person employed under this section for provisions authorizing the
Secretary concerned to fix the salaries of clerks and caretakers and to
designate the person to employ them, and provisions authorizing
compensation to include the amounts of the employer's contributions to
retirement systems.
Subsecs. (g), (h). Pub. L. 90-486 added subsecs. (g) and (h).
1961--Subsec. (f). Pub. L. 87-224 provided that the authorized
compensation may include employer's contributions to retirement systems,
and that such contributions shall not exceed 6\1/2\ per centum of the
compensation upon which based.
Effective Date of 1999 Amendment
Amendment by Pub. L. 106-65 effective 180 days after the date of
receipt by Congress of the plan required by section 523(d) of Pub. L.
105-85, set out as a note under section 10217 of Title 10, Armed Forces,
or a report by the Secretary of Defense providing an alternative
proposal to the plan required by section 523(d), see section 525 of Pub.
L. 106-65, set out as a note under section 10217 of Title 10.
Effective Date of 1994 Amendment
Section 1070(b) of Pub. L. 103-337 provided that the amendment made
by that section is effective as of Nov. 30, 1993, and as if included in
the National Defense Authorization Act for Fiscal Year 1994, Pub. L.
103-160, as enacted.
Effective Date of 1980 Amendment
Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section
701(b)(3) of Pub. L. 96-513, set out as a note under section 101 of
Title 10, Armed Forces.
Effective Date of 1968 Amendment
Section 11 of Pub. L. 90-486 provided that: ``This Act [see Short
Title note below] becomes effective January 1, 1969, except that no
deductions or withholding from salary which result therefrom shall
commence before the first day of the first pay period that begins on or
after January 1, 1969.''
Short Title
Section 1 of Pub. L. 90-486 provided: ``That this Act [amending this
section and section 715 of this title, sections 2105, 8332, 8334, and
8339 of Title 5, Government Organization and Employees, sections 3848,
3851, 8848, and 8851 of Title 10, Armed Forces, and section 418 of Title
42, The Public Health and Welfare, and enacting provisions set out as
notes under this section] may be cited as the `National Guard
Technicians Act of 1968'.''
Military Education for Army National Guard Civilian Technicians
Pub. L. 101-189, div. A, title V, Sec. 506(a)-(c), Nov. 29, 1989,
103 Stat. 1438, 1439, which related to attendance by civilian
technicians of Army National Guard in Battle Skills Course and military
promotions, courses and training meeting requirements of reserve
component noncommissioned officers education program, and submission by
Secretary of the Army to committees of Congress of a plan to use State
and National Guard Bureau regional academies to provide portion of
Reserve Component Noncommissioned Officers Education System specifically
related to military occupational specialties, was repealed by Pub. L.
103-160, div. A, title V, Sec. 523(b)(2), Nov. 30, 1993, 107 Stat. 1656.
Pub. L. 100-456, div. A, title V, Sec. 523, Sept. 29, 1988, 102
Stat. 1974, as amended by Pub. L. 101-189, div. A, title V, Sec. 506(d),
Nov. 29, 1989, 103 Stat. 1439; Pub. L. 101-510, div. A, title XIV,
Sec. 1484(l)(2), Nov. 5, 1990, 104 Stat. 1719, which related to training
of civilian technicians of Army National Guard at National Guard
schools, was repealed by Pub. L. 103-160, div. A, title V,
Sec. 523(b)(1), Nov. 30, 1993, 107 Stat. 1656.
[Pub. L. 103-160, div. A, title V, Sec. 523(c), Nov. 30, 1993, 107
Stat. 1656, provided that: ``A civilian technician of the Army National
Guard serving in an active status on the date of the enactment of this
Act [Nov. 30, 1993] who under the provisions of law repealed by
subsection (b) [repealing section 523 of Pub. L. 100-456 and section
506(a)-(c) of Pub. L. 101-189, formerly set out as notes above] (or
under other Department of the Army policy in effect on the day before
such date of enactment) was granted credit on the technician's military
record for the completion of certain education and training courses
shall retain such credit, notwithstanding the provisions of subsections
(a) [amending this section] and (b), for a period determined by the
Secretary of the Army. Such a period may not terminate, in the case of
any such civilian technician, before the effective date of such civilian
technician's next mililitary [sic] promotion.'']
Retirement Credit for Certain Former National Guard Technicians
Pub. L. 99-661, div. A, title VI, Sec. 654, Nov. 14, 1986, 100 Stat.
3890, provided that:
``(a) Civil Service Retirement Credit.--A period of service
performed under section 709 of title 32, United States Code (or under a
prior corresponding provision of law), before January 1, 1969, which
would not otherwise be creditable under subchapter III of chapter 83 of
title 5, United States Code, because of the antepenultimate sentence of
section 8332(b) of such title, shall be considered creditable service
under such subchapter, notwithstanding such sentence, in the case of an
individual described in subsection (b).
``(b) Covered Individuals.--Subsection (a) applies in the case of an
individual who--
``(1) before the end of the 14-month period beginning on the
date of the enactment of this Act [Nov. 14, 1986], files appropriate
written application with the Office of Personnel Management in
accordance with regulations under subsection (c);
``(2) at the time of filing application under paragraph (1), is
employed by the United States and is subject to subchapter III of
chapter 83 of title 5, United States Code (other than under section
8344 of such title); and
``(3) before the date of the separation on which entitlement to
an annuity under subchapter III of chapter 83 of title 5, United
States Code, is based, makes an appropriate deposit under section
8334(c) of such title with respect to the period of service
involved, based on the percentage of basic pay for such service
which would be required under such section if such service had been
performed as an employee under such subchapter.
``(c) Regulations.--The Office of Personnel Management shall
prescribe regulations to carry out subsection (a). Such regulations
shall be prescribed not later than 60 days after the date of the
enactment of this Act [Nov. 14, 1986].''
Savings Provision for Accrued Claims; Conversion to Federal Employee
Status; Credit for Past Service; Leave Credit
Section 3 of Pub. L. 90-486, as amended by Pub. L. 101-530, Sec. 2,
Nov. 6, 1990, 104 Stat. 2338, provided that:
``(a) A claim accrued under section 715 of title 32, United States
Code, before the effective date of this Act [see effective date note
above] by reason of the act or omission of a person employed under
section 709 of title 32, United States Code, may, if otherwise
allowable, be settled and paid under section 715 of title 32, United
States Code.
``(b) Except as provided in this Act and in the amendments made by
this Act [see Short Title note above] and notwithstanding any law, rule,
regulation, or decision to the contrary, the positions of persons
employed under section 709 of title 32, United States Code, existing on
the day before the effective date of this Act, and the persons holding
those positions on that day, shall, on and after that effective date, be
considered to be positions in and employees of the Department of the
Army or the Department of the Air Force, as the case may be, and
employees of the United States to the same extent as other positions in
and employees of the Department of the Army or the Department of the Air
Force. Such positions shall be outside the competitive service, if, as a
condition of employment, the persons employed therein were, on the day
before the effective date of this Act, required to be members of the
Army National Guard or the Air National Guard.
``(c) All service under section 709 of title 32, United States Code,
or prior corresponding provision of law, performed before the effective
date of this Act shall be included and credited in the determination of
length of service for the purposes of leave, Federal employees death and
disability compensation, group life and health insurance, severance pay,
tenure, and status.
``(d) Annual leave and sick leave to which a technician was entitled
on the day before the conversion of his position, as provided in
subsection (b) of this section, shall be credited to him in his new
position.''
[Pub. L. 101-530, Sec. 3(b), Nov. 6, 1990, 104 Stat. 2339, provided
that:
[``(1) General rule.--Except as provided in paragraph (2), the
amendment made by section 2 [amending section 3 of Pub. L. 90-486, set
out above] applies only with respect to an individual performing service
as an officer or employee of the Government on or after the date of
enactment of this Act [Nov. 6, 1990] and only to determine--
[``(A) any annual leave accruing under section 6303 of title 5,
United States Code, to the individual on or after such date; and
[``(B) the individual's length of service for the purposes of
entitlement to Federal employee death and disability compensation,
group life insurance and health benefits, severance pay, tenure, and
status.
[``(2) Exception.--
[``(A) Rule for individuals separating after december 31, 1968,
and before the enactment of this act.--The amendment made by section
2 of this Act applies with respect to any individual who separated
from Government employment after December 31, 1968, and before the
date of the enactment of this Act [Nov. 6, 1990], for the purpose of
determining whether such individual satisfies the length of service
requirement under section 8901(3)(A) of title 5, United States Code
(relating to the definition of the term `annuitant', as in effect at
the time of such individual's separation) for the purposes of
chapter 89 of such title.
[``(B) Conditions for enrolling in a health benefits plan.--Any
individual who satisfies the length of service requirement referred
to in subparagraph (A) as a result of the application of the
amendment made by section 2 shall be enrolled in a health benefits
plan (described in section 8903 of such title) of such individual's
choice, if--
[``(i) application for enrollment is received by the Office
of Personnel Management within one year after the date of the
enactment of this Act; and
[``(ii) such individual would have qualified under section
8905(b)(1) of such title at the time of such individual's
separation.'']
Persons Employed Prior to January 1, 1969, Whose Employment Was Covered
by Civil Service Retirement Provisions
Section 5(d) of Pub. L. 90-486 provided that: ``Clause (4) of
subsection (a) of this section [amending section 8332(b) of Title 5,
Government Organization and Employees] and subsections (b) and (c) of
this section [amending section 8334(c) and adding section 8339(l) of
title 5] do not apply to any person employed prior to the effective date
of this Act [see Effective Date note above] under section 709 of title
32, United States Code, whose employment under that section was covered
by subchapter III of chapter 83 of title 5, United States Code.''
Election To Remain Under State Retirement System; Reemployed
Technicians; Continuation of Federal Contributions
Section 6 of Pub. L. 90-486, as amended by Pub. L. 99-514, Sec. 2,
Oct. 22, 1986, 100 Stat. 2095, provided that:
``(a) Notwithstanding section 709(d) of title 32, United States
Code, a person who, on the date of enactment of this Act [Aug. 13,
1968], is employed under section 709 of title 32, United States Code,
and is covered by an employee retirement system of, or plan sponsored
by, a State or the Commonwealth of Puerto Rico, may elect, not later
than the effective date of this Act [see Effective Date note above], not
to be covered by subchapter III of chapter 83 of title 5, United States
Code, and with the consent of the State concerned or Commonwealth of
Puerto Rico, to remain covered by the employee retirement system of, or
plan sponsored by, that State or the Commonwealth of Puerto Rico. Unless
such an election, together with a statement of approval by the State
concerned or the Commonwealth of Puerto Rico, is filed with the
Secretary of the Army or the Secretary of the Air Force, as appropriate,
on or before the effective date of this Act, the person concerned is
covered by subchapter III of chapter 83 of title 5, United States Code,
as of that date.
``(b) A member of the National Guard of a State or the Commonwealth
of Puerto Rico who was employed as a technician under section 709 of
title 32, United States Code, or prior corresponding provision of law,
who--
``(1) was involuntarily ordered to active duty after January 1,
1968, from that employment and has not been released from that duty
prior to the effective date of this Act [see Effective Date note
above]; or
``(2) is on active duty under section 265 [see 10211], 3015,
3033, 3496 [see 12402], 8033 or 8496 [see 12402] of title 10, United
States Code, on the effective date of this Act;
and was covered by a retirement system or plan of a State or the
Commonwealth of Puerto Rico, may, if he is reemployed within sixty days
under section 709 of title 32, United States Code, make the election
described in subsection (a) of this section, within thirty days
following the date of his reemployment.
``(c) In the case of any person who files a valid election under
this section to remain covered by an employee retirement system of, or
plan sponsored by, a State or the Commonwealth of Puerto Rico, the
United States may pay the amount of the employer's contributions to that
system or plan that become due for periods beginning on or after the
effective date of this Act [see Effective Date note above]. However, the
payment by the United States, including any contribution that may be
made by the United States toward the employer's tax imposed by section
3111 of the Internal Revenue Code of 1986 [formerly I.R.C. 1954], as
amended (26 U.S.C. 3111), may not exceed the amount which the employing
agency would otherwise contribute on behalf of the person to the Civil
Service Retirement and Disability Fund under section 8334(a) of title 5,
United States Code. Notwithstanding section 8332(b) of title 5, United
States Code, as amended by section 5 of this Act, the service under
section 709 of title 32, United States Code, or prior corresponding
provision of law, of a person who has made an election to remain covered
by the employee retirement system of, or plan sponsored by, a State or
the Commonwealth of Puerto Rico, shall not be creditable toward
eligibility for or amount of annuity under subchapter III of chapter 83
of title 5, United States Code. A person who retires pursuant to his
valid election shall not be eligible for any rights, benefits, or
privileges to which retired civilian employees of the United States may
be entitled.''
Compensation Rates; Conversion and Adjustment of Compensation to the
General Schedule
Section 8 of Pub. L. 90-486 provided that:
``(a) Except as provided in section 709(g) of title 32, United
States Code, the Secretary concerned shall fix the rate of basic
compensation of positions existing on the date of enactment of this Act
[Aug. 13, 1968] in accordance with the General Schedule set forth in
section 5332, or under the appropriate prevailing rate schedule in
accordance with section 5341 of title 5, United States Code, as
applicable. In fixing such rate--
``(1) If the technician is receiving a rate of basic
compensation which is less than the minimum rate of the appropriate
grade of the General Schedule, or which is less than the minimum
rate of the appropriate grade or compensation level of the
appropriate prevailing rate schedule, as applicable, in which his
position is placed, his basic compensation shall be increased to
that minimum rate.
``(2) If the technician is receiving a rate of basic
compensation which is equal to a rate of the appropriate grade of
the General Schedule, or which is equal to a rate of the appropriate
grade or compensation level under the appropriate prevailing rate
schedule, as applicable, in which his position is placed, he shall
receive basic compensation at that rate of the General Schedule, or
at that rate under the prevailing rate schedule, as applicable.
``(3) If the technician is receiving a rate of basic
compensation which is between two rates of the appropriate grade of
the General Schedule, or which is between two rates of the
appropriate grade or compensation level under the appropriate
prevailing rate schedule, as applicable, in which his position is
placed, he shall receive basic compensation at the higher of those
two rates under the General Schedule or appropriate prevailing rate
schedule, as applicable.
``(4) If the technician is receiving a rate of basic
compensation which is in excess of the maximum rate of the
appropriate grade of the General Schedule, or which is in excess of
the maximum rate of the appropriate grade or compensation level of
the appropriate prevailing rate schedule, as applicable, in which
his position is placed, he shall continue to receive basic
compensation without change in rate until--
``(A) he leaves that position, or
``(B) he is entitled to receive basic compensation at a
higher rate,
but, when any such position becomes vacant, the rate of basic
compensation of any subsequent appointee thereto shall be fixed in
the manner provided by applicable law and regulation.
``(b) The conversion of positions and employees to appropriate
grades of the General Schedule set forth in section 5332 of title 5,
United States Code, and the initial adjustment of rates of basic
compensation of those positions and technicians, provided for by this
Act [see Short Title note above], shall not be considered to be
transfers or promotions within the meaning of section 5334(b) of title
5, United States Code, and the regulations issued thereunder.
``(c) Each technician on the effective date of this Act [see
Effective Date note above], whose position is converted to the General
Schedule set forth in section 5332 of title 5, United States Code, or to
the appropriate prevailing rate schedule, as applicable, who prior to
the initial adjustment of his rate of basic compensation under
subsection (a) of this section, has earned, but has not been credited
with, an increase in that rate, shall be granted credit for such
increase before his rate of basic compensation is initially adjusted
under that subsection.
``(d) Each technician on the effective date of this Act whose
position is converted to the General Schedule set forth in section 5332
of title 5, United States Code, or to the appropriate prevailing rate
schedule, as applicable, shall be granted credit, for purposes of his
first step increase under the General Schedule or prevailing rate
schedule, for all satisfactory service performed by him since his last
increase in compensation prior to the initial adjustment of his rate of
basic compensation under subsection (a) of this section.
``(e) An increase in rate of basic compensation by reason of the
enactment of subsection (a) of this section shall not be considered to
be an equivalent increase with respect to step increases for technicians
whose positions are converted to the General Schedule set forth in
section 5332 of title 5, United States Code, or the appropriate
prevailing rate schedule under authority of this section.''
Regulations: Approval by Secretary of Defense; Uniformity
Section 10 of Pub. L. 90-486 provided that: ``Regulations prescribed
by the Secretary of the Army and Secretary of the Air Force under this
Act [see Short Title note above] shall be approved by the Secretary of
Defense and shall, so far as practicable, be uniform.''
Number of Caretakers for Air National Guard
Pub. L. 90-580, title II, Oct. 17, 1968, 82 Stat. 1124, provided
that the number of caretakers authorized to be employed under this
section may be such as is deemed necessary by the Secretary of the Air
Force and that they may be employed without regard to their military
rank as members of the Air National Guard.
Similar provisions were contained in the following prior acts:
Sept. 29, 1967, Pub. L. 90-96, title II, 81 Stat. 236.
Oct. 15, 1966, Pub. L. 89-687, title II, 80 Stat. 985.
Sept. 29, 1965, Pub. L. 89-213, title II, 79 Stat. 868.
Aug. 19, 1964, Pub. L. 88-466, title II, 78 Stat. 469.
Oct. 17, 1963, Pub. L. 88-149, title II, 77 Stat. 259.
Aug. 9, 1962, Pub. L. 87-577, title II, 76 Stat. 323.
Aug. 17, 1961, Pub. L. 87-144, title II, 75 Stat. 370.
July 7, 1960, Pub. L. 86-601, title II, 74 Stat. 344.
Aug. 18, 1959, Pub. L. 86-166, title II, 73 Stat. 372.
Aug. 22, 1958, Pub. L. 85-724, title V, 72 Stat. 723.
Aug. 2, 1957, Pub. L. 85-117, title V, 71 Stat. 322.
July 2, 1956, ch. 488, title V, 70 Stat. 466.
July 13, 1955, ch. 358, title V, 69 Stat. 313.
June 30, 1954, ch. 432, title VI, 68 Stat. 349.
Aug. 1, 1953, ch. 305, title V, 67 Stat. 349.
July 10, 1952, ch. 630, title V, 66 Stat. 530.
Oct. 18, 1951, ch. 512, title V, 65 Stat. 444.
Sept. 6, 1950, ch. 896, Ch. X, title V, 64 Stat. 751.
Oct. 29, 1949, ch. 787, title V, 63 Stat. 1017.
Number of Caretakers for Army National Guard
Pub. L. 90-580, title II, Oct. 17, 1968, 82 Stat. 1124, provided
that the number of caretakers authorized to be employed under this
section and those necessary to provide reimbursable services for the
military departments, may be such as is deemed necessary by the
Secretary of the Army.
Similar provisions were contained in the following prior acts:
Sept. 29, 1967, Pub. L. 90-96, title II, 81 Stat. 236.
Oct. 15, 1966, Pub. L. 89-687, title II, 80 Stat. 984.
Sept. 29, 1965, Pub. L. 89-213, title II, 79 Stat. 867.
Aug. 19, 1964, Pub. L. 88-446, title II, 78 Stat. 469.
Oct. 17, 1963, Pub. L. 88-149, title II, 77 Stat. 258.
Aug. 9, 1962, Pub. L. 87-577, title II, 76 Stat. 322.
Aug. 17, 1961, Pub. L. 87-144, title II, 75 Stat. 369.
July 7, 1960, Pub. L. 86-601, title II, 74 Stat. 343.
Aug. 18, 1959, Pub. L. 86-166, title II, 73 Stat. 371.
Aug. 22, 1958, Pub. L. 85-724, title III, 72 Stat. 715.
Aug. 2, 1957, Pub. L. 85-117, title III, 71 Stat. 315.
July 2, 1956, ch. 488, title III, 70 Stat. 458.
July 13, 1955, ch. 358, title III, 69 Stat. 305.
June 30, 1954, ch. 432, title IV, 68 Stat. 340.
Aug. 1, 1953, ch. 305, title III, 67 Stat. 340.
July 10, 1952, ch. 630, title III, 66 Stat. 522.
Oct. 18, 1951, ch. 512, title III, 65 Stat. 435.
Sept. 6, 1950, ch. 896, Ch. X, title III, 64 Stat. 740.
Oct. 29, 1949, ch. 787, title III, 63 Stat. 1000.
June 24, 1948, ch. 632, 62 Stat. 662.
July 30, 1947, ch. 357, title I, 61 Stat. 564.
July 16, 1946, ch. 583, 60 Stat. 556.
Section Referred to in Other Sections
This section is referred to in section 715 of this title; title 5
sections 2105, 8332, 8337; title 10 sections 10216, 10217, 10503; title
37 sections 417, 418; title 38 sections 4303, 4314; title 42 section
418.
