Page:United States Statutes at Large Volume 82.djvu/798

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[82 STAT. 756]
[82 STAT. 756]
PUBLIC LAW 90-000—MMMM. DD, 1968

756

80 Stat. 410528; 81 Stat. 196. 80 Stat. 486, 515; 81 Stat. 200, 641.

Compensatory time.

80 Stat. 485; 81 Stat. 200.

Numerical limitation.

74 Stat. 878.

Claims, provision.

PUBLIC LAW 90-486-AUG. 13, 1968

[82 STAT.

rated from his employment as a technician and concurrently discharged from the National Guard by the adjutant general of the jurisdiction concerned; " (3) a technician may, at any time, be separated from his technician employment for cause by the adjutant general of the jurisdiction concerned; " (4) 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; "(5) a right of appeal which may exist with respect to clause (1), (2), (3), or (4) shall not extend beyond the adjutant general of the jurisdiction concerned; and "(6) a technician shall be notified in writing of the termination of his employment as a technician and such notification shall be given at least thirty days prior to the termination date of such employment. "(f) Sections 2108, 3502, 7511, and 7512 of title 5, United States Code, do not apply to any person employed under this section. " (g)(1) Notwithstanding sections 5544(a) and 6102 of title 5, Lliited States Code, or any other provision of law, the Secretary concerned may, in the case of technicians assigned to perform operational duties at air defense sites— " (A) prescribe the hours of duties; " (B) fix the rates of basic compensation; and " (C) fix the rates of additional compensation; to reflect unusual tours of duty, irregular additional duty, and work on days that are ordinarily nonworkdays. Additional compensation under this subsection may be fixed on an annual basis and is determined as an appropriate percentage, not in excess of 12 percent, of such part of the rate of basic pay for the position as does not exceed the minimum rate of basic pay for GS-10 of the General Schedule under section 5332 of title 5, United States Code. "(2) Notwithstanding sections 5544(a) and 6102 of title 5, United States Code, or any other provision of law, the Secretary concerned may, for technicians other than those described in clause (1) of this subsection, prescribe the hours of duty for technicians. Notwithstanding sections 5542 and 5543 of title 5, United States Code, or any other provision of law, such technicians shall be granted an amount of comjjensatory time off from their scheduled tour of dut^ 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. " (h) In no event shall the number of technicians employed under this section at any one time exceed 42,500." (2) The analysis of chapter 7 is amended by striking out the following item: "709. Caretakers and clerks." and inserting in place thereof the following item: "709. Technicians: employment, use, status." (3) Section 715(a) is amended by striking out "caused by a person employed under section 709 of this title acting within the scope of his employment;". SEC. 3. (a) A claim accrued under section 715 of title 32, United States Code, before the effective date of this Act 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.