Notes on 32 U.S.C. § 709 : US Code - Notes

Search Notes on 32 U.S.C. § 709 : US Code - Notes

(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
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Revised Source (U.S. Code) Source (Statutes at
section Large)
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709(a) 32:42 (1st par.). June 3, 1916, ch. 134,
Sec. 90; restated June
4, 1920, ch. 227, subch.
I, Sec. 46; restated
Mar. 1, 1922, ch. 90;
restated June 6, 1924,
ch. 275, Sec. 5;
restated May 28, 1926,
ch. 417, Sec. 1; Apr.
21, 1928, ch. 397; June
19, 1935, ch. 277, Sec.
6; June 13, 1940, ch.
343 (1st proviso under
"National Guard");
restated Oct. 14, 1940,
ch. 875, Sec. 1, 54
Stat. 1134.


709(b)

709(c)
709(d)

709(e)

709(f)
32:42a (less 28 words
before 1st proviso).
32:42 (2d par., and last
sentence of 4th par.).
32:42 (3d par.).
32:42 (4th par., less
last sentence).
32:42 (last par., less
proviso).
32:42a (28 words before
1st proviso).
32:42 (proviso of last
par.).
June 25, 1938, ch. 688,
52 Stat. 1173.
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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.