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tere "fae O10 e 10-106 mar tees EDOM is be GheM @L, mo o1F UNTPED SPATES GOVERNMENT Memorandum ae EO MR. MOHR DATE. 2-18-69 Pet wae FROM. ON, P- CALLAHAN. Aone fo f*" / Gandy —F_._. scaiecl EXEMPTION OF DIRECTOR FROM Dibit opt COMPULSORY RETIREMENT FOR AGE % [7 oe The Civil Service Retirement Act provides tha mp: yee who shall have attained the age of 70 years and completed 15 years of service shali be automatically separated from the service and also provides for the immediate re-empioyment of such annuitants who shail serve at the wilii of the appointing officer. Under the Act the President may, by Executive Order, exempt from automatic separation any employee when, in his judgment, the public interest so requires. This authority was, except for Presidential appointees, delegated to the Civil Service Commission by Executive Order 10682 dated October 22, 1956, which has been superseded by Executive Order 11228 dated June 14, 1965, Although the Director was not a Presidentiai appointee, President Johnson exercised his authority to make an exemption from the mandatory retirement regulations and issued Executive Order 11154 on May 8, 1964, providing that "Whereas, in my judgment, the public interest requires that Mr. Hoover be exempted from such compulsory retirement: Now therefore... Ihereby exempt J. Edgar Hoover from compulsory retirement for age for an indefinite period of time." It is to be noted; however, that had the Director been retired on 1-1-65 it would have been necessary for the then Attorney Gene:al to recommend his reappointment. On 5-8-64 when the President issu2u his Executive Order, Robert F. Kennedy was the Attorpey | General, subsequently resigning in September, 1964. a4- Ot, L. - Se ae ae . inate _--_ ee, hal “hed Urata The Civil Service Commission advised pat théjef GRagpetive: Order 11154 was to continue the Director as an acti ye Federal employee and not as a re-employed annuitant who receives an annuity from the Civil Service Commission with the employing agency paying the employee the difference between his regular salary and the annuity. Re-employed annuitants do not contréaute to the Retirement Fund. Section 4(a) of the Retirement Act provides that, ‘There shall be deducted and withheld from each employee's basic salary an amount equal to 63 per ‘centum of such basic salary...'' My memorandum to you of May 12, 1964, reported that, fin connection with Executive Order 11154, j Mr. David F. Lawton, "Deputy Director, Bureau of Retirement and Insuragce, Civil Service Commission, advised that salary payments to the Director would be made in the same manner after 1-1-65 as they-had-_been made in the past - \ and that deductions for retirement must continue>. hy rE MEDION, + For information. Pw: EB = y Vinh. JBA:‘cr. (5) Cor tempow et ces PE OR TO me A palpate ope mea: te Err ne ere cern ry cee men tein