56 STAT.] 77TH CONG., 2D SESS.-CH. 16 -JAN . 24 , 1942 least sixty days in advance thereof: Provided, however, That no pro- vision of this or any other Act relating to automatic separation from the service shall have any application whatever to any elective officer. "(b) No person separated from the service who is receiving an annuity under the provisions of section 1 of this Act shall be eligible again to appointment to any appointive office, position, or employ- ment under the United States or of the government of the District of Columbia unless the appointing authority determines that he is possessed of special qualifications, in which event payment of his annuity shall be terminated during the period of his appointment. Any such person whose annuity is terminated shall, upon the termi- nation of his appointment, have his subsequent annuity rights deter- mined under the provisions of law in effect at the time of such termination." SEC. 3. That section 3 of the Act of May 29, 1930, as amended, is amended by striking out all thereof and inserting in lieu thereof the following: "(a) This Act shall apply to all officers and employees in or under the executive, judicial, and legislative branches of the United States Government, all elective and appointive officers in or under the said branches, and to all officers and employees of the municipal govern- ment of the District of Columbia: Provided, however, That this Act shall not apply to any such officer or employee of the United States or of the municipal government of the District of Columbia subject to another retirement system for such officers and employees of the said governments: Provided further, That this Act shall not apply to any elective officer or to any officer or employee in the legislative branch of the Government within the classes of officers and employees which were made eligible for the benefits of this Act by the Act of July 13, 1937, until he gives notice in writing to the disbursing officer by whom his salary is paid of his desire to come within the purview of this Act; and any such officer or employee may, within sixty days after the effective date of this subsection, withdraw from the purview of this Act by giving similar notice of such desire. In the case of any elective officer serving in the legislative branch of the Government on the effective date of this Act and in the case of any officer or employee in the service of the legislative branch of the Government on the effective date of this Act, such notice must be given within the calendar year of 1942. In the case of any elective officer elected to and serving in the legislative branch of the Government after such effective date, such notice must be given within six months after the taking of the oath of office; and, in the case of any officer or employee of the legislative branch of the Government who enters the service after such effective date, such notice must be given within six months after the date of entrance to the service. No provision of this or any other Act relating to automatic separation from the service shall have any application whatever to any elective officer. (b) The President shall have power, in his discretion, to exclude from the operation of this Act any officer or employee or group of officers or employees in the executive branch of the service whose tenure of office or employment is intermittent or of uncertain duration. "(c) The provisions of this Act shall not apply to employees of the Senate or the House of Representatives whose employment is tem- porary or of uncertain duration; and the Architect of the Capitol is authorized to exclude from the operation of this Act any employees under the Office of the Architect of the Capitol whose tenure of employment is temporary or of uncertain duration." Proviso. Elective officers. Post, p. 147. Appointment of an- nuitants. Ante, p. 13 . Termination of an- nuity. 46 Stat. 470. 5 US. C.C.§693. Post, p. 147. Application of Act. Provisos. Exceptions. Elective officers, etc. Notice to disbursing officer. 50 Stat. 512. 5 U. S. C. J§693b, 693c, 693d. Time limitations. Exemption from automatic separation Intermittent em- ployees, executive brancb. Temporary employ- ees, Senate, House, etc.
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