54 STAT.] 76TH CONG., 3D SESS.-CH. 428 -JUNE 26, 1940 Railroad retirement account: For an amount sufficient as an annual premium for the payments required under the Railroad Retirement Act, approved August 29, 1935, and the Railroad Retirement Act, approved June 24, 1937, and authorized to be appropriated to the railroad retirement account established under section 15 (a) of the latter Act, $122,600,000: Provided, That such amount shall be avail- able until expended for making payments required under said retire- ment Acts, and the amount not required for current payments shall be invested by the Secretary of the Treasury in accordance with the provisions of said Railroad Retirement Act of June 24, 1937. For printing and binding for the Railroad Retirement Board, $48,000. This title may be cited as the "Railroad Retirement Board Appro- priation Act, 1941". TITLE VII-GENERAL PROVISIONS SEC. 701. In expending appropriations or portions of appropria- tions, contained in this Act, for the payment of personal services in the District of Columbia in accordance with the Classification Act of 1923, as amended, with the exception of the Assistant Secretary and the Second Assistant Secretary of Labor, the average of the salaries of the total number of persons under any grade in any bureau, office, or other appropriation unit shall not at any time exceed the average of the compensation rates specified for the grade by such Act, as amended, and in grades in which only one position is allocated the salary of such position shall not exceed the average of the compensa- tion rates for the grade, except that in unusually meritorious cases of one position in a grade advances may be made to rates higher than the average of the compensation rates of the grade but not more often than once in any fiscal year and then only to the next higher rate: Provided, That this restriction shall not apply (1) to grades 1, 2, 3, and 4 of the clerical-mechanical service, or (2) to require the reduction in salary of any person whose compensation was fixed as of July 1, 1924, in accordance with the rules of section 6 of such Act, or (3) to require the reduction in salary of any person who is transferred from one position to another position in the same or different grade in the same or a different bureau, office, or other appropriation unit, or (4) to prevent the payment of a salary under any grade at a rate higher than the maximum rate of the grade when such higher rate is permitted by the Classification Act of 1923, as amended, and is specifically authorized by other law, or (5) to reduce the compensation of any person in a grade in which only one position is allocated. SEC. 702. None of the funds appropriated in this Act shall be used to pay the salary of any person appointed to a non-civil-service posi- tion, under the appropriations in the respective titles in this Act, if the effect of such appointment is to increase the number of non-civil- service employees from the State of residence of any such non-civil- service appointee beyond the number of non-civil-service employees to which such State is entitled, under the appropriations in the respec- tive titles of this Act, on a basis of population: Provided, That this section shall not apply to any position, the appointment of which is made by the President: Provided further, That this section shall not apply to positions in the Civilian Conservation Corps outside the District of Columbia. SEC. 703. No part of any appropriation in this Act shall be used to pay the salary of any person who received as many as three steps of administrative within-grade promotion in all positions occupied 597 Railroad retirement account. Post, p. 1090. 49 Stat. 967; 50 Stat. 316. 45 U. S. C., Supp. V, §§ 215-228r. Proviso. Availability. Printing and bind- ing. Citation of title. Salary restriction. 42 Stat. 1488. 5 U.S . 0. S 661-674; Supp. V, §§ 673, 673c. Proeiso. Restriction not ap- plicable in designated cases. 6U. .C. 666. Non-civil-service po- sitions. Restriction on use of funds. Proisos. Presidential appoint- ments. Civilian Conserva- tion Corps. Post,p. 1033 . Administrative pro- motions, restriction on use of funds.
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