^■*k. U. S. Congress. House. Committee on Interstate and Foreign Commerce. Civil service retirement. J^lSt -i" 'V,. THE LIBRARY OF THE NEW YORK STATE SCHOOL OF INDUSTRIAL AND LABOR RELATIONS AT CORNELL UNIVERSITY CIVIL SERVICE RETIREMENT HEARINGS BEFORE THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE OF THE HOUSE OF REPRESENTATIVES SIXTY-FIFTH CONGRESS SECOND SESSION ON H. R. 11352 AUGUST 7, 1918 WASHINGTON (.|]\ KU.NMKXT PRINTING OFFICE 1!)I8 COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE. House of Repkesentatives. THETUS W. SIMS, Tennessee, Cliawman. FRANK E. DOREMUS, Michigan. DAN V. STEPHENS, Nebraska. ALBEN W. BARKLBY, Kentucky. SAM RAYBURN, Texas. ANDREW J. MONTAGUE, Virginia. PERL D. DECKER, Missouri. CHARLES P. COADY, Maryland. ARTHUR G. DEW ALT, Pennsylvania. HARRY H. DALE, New York. JOHN S. SNOOK, Ohio. JARED Y. SANDERS, Louisiana. W. ALVA 2 .lOHN J. ESCH, Wisconsin. EDWARD L. HAMILTON, Michigan. RICHARD WAYNE PARKER, New Jersey. SAMUEL B. WINSLOW, Massachusetts. JAMBS S. PARKER, New York. CHARLES H. DILLON, South Dakota. BURTON E. SWEET, Iowa. WALTER R. STINESS, Rhode Island. JOHN G. COOPER, Ohio. Taylor, Cleric. CIVIL SERVICE EETIEEMENT. Committee on Interstate and Foreign Commerce, House or Representatives, Wednesday, August 7, 1918. The committee this day met, Hon. Thetus W. Sims (chairman), presiding. Mr. Alcorn. Mr. Chairman, I desire to introduce as the first speaker Mr. George T. Keyes, secretary of the National Civil Service Reform League. STATEMENT OF MR. GEORaE T. KEYES, SECRETARY OF THE NA- TIONAL CIVIL SERVICE REFORM LEAGUE, NEW YORK CITY. Mr. Keyes. Mr. Chairman, I will only take a very few minutes of your time. Mr. John Joy Edson, of Washington, was to appear for the league, but he is detained in connection with his duties on the District draft board, and I want to ask, on his behalf, for an oppor- tunity to have him heard at the adjourned hearing after the con- gressional recess. The Chairman. Certainly. Mr. Alcorn. The next speaker will be Mr. Ryan, president of the Railway Mail Association. STATEMENT OF MR. EDWARD J. RYAN, PRESIDENT RAILWAY MAIL ASSOCIATION, WASHINGTON, D. C. Mr. Ryan. Mr. Chairman and members of the committee, it is not my purpose to enter into any lengthy discussion of this subject of the retirement of civil-service employees. I prefer to leave the details of it to men who have made a greater study of it than I have, those who may be referred to as experts on the subject. I just wish to say a word or two in behalf of the men whom it is my duty to represent, namely, the railway postal clerks, men assigned to the distribution of mails on trains. Singularly enough, in our service, within recent years — -I will say within the last two years, men have been removed for no other reason than because they were old. Some of them had served as much as 35 or 40 years in the Government service as railway postal clerks. I thing that statement itself is sufficient to indicate unfair and unreasonable treatment of Government employees. Many times it has been stated that despite the fact that these men grow old and become inefficient, nevertheless the Government can not possibly take the attitude of dismissing them from the service, and I make this statement to show that it has already been done. I believe in our service that there were some 37 4 CIVIL SERVICE RETIREMENT. men dismissed just for that simple reason, because they were old, no recognition being given whatever for the manj- years of service that they had rendered. Dr. JoEDON. How recently did that take place ? Mr. Etan. Within the last two years — ^I think 37 have been dis- missed within the last two years. I may say in this connection that I saw a copy of the subjects to be considered in connection with the advisability of dismissing these men, and out of about a dozen items to be considered age was the first and efficiency was the last. I believe I could produce a copy of those items and submit them later on if you desire to have them to insert in the record. The Chaieman. You can make them a part of this hearing if you desire. Mr. Eyan. I will do that, Mr. Chairman. [Confidential.] Chief Cleek Railway Mail Seevice. (List of names of clerks under his jurisdiction.) Herewith find a list of clerlis in your district who have been reported by post office inspectors as being tlie least efficient. It is desired that you go over this list carefully and submit a consolidated list for your entire district, insert- ing any additional names you may desire, showing the clerks in the order of least efficiency and value to the service. Following the name of each clerk .should be furnished a concise paragraph stating clearly the reasons for your conclusions. The evidence in this office indicates that practically all of these listed should be dropped from the service because of inefficiency. If in your ■opinion any should be reduced in grade instead of being dropped you should so indicate, giving full and explicit reasons. This matter should be treated as confidential, and your report in detail regarding each of these clerks should be rendered immediately upon receipt of this letter, and should be forwarded under cover marked " Personal and con- fidential." (Issued through the official channels of the Railway Mail Service.) (Date, about July 1, 1917.) EAILWAT MAIL SEEVICE. Items to be considered (in rating railway postal clerks) : (1) Why is clerk on list, (2) age, (3) health, (4) physical condition, (5) attendance — that is, frequency of absence on account of physical condition due to Injury in the service, or illness, or for personal reasons — (6) work in car, (7) habits, (8) application, (9) examinations, (10) executive ability in directing the work of the crew to best advantage (11) clerical ability, (12) efficiency rating. Mr. Eyan. Briefly, I may say that in my humble experience and jny humble ability to observe conditions or comparisons, it strikes my mind that this is more of a business proposition than anything else, and I get that opinion from the fact that private corporations have inaugurated pension systems for their employees. I do not believe that these big private corporations, which we are apt to criticize because they are attempting at all times to put their hands in the pockets of poor people and take out of them everything they can possibly get, are so liberal, if our criticisms are true, as to be establishing retirement systems for their employees. In other words, they would not be inclined to permit their employees to put their hands into the treasuries of the corporations and take out some relief in the form of a retirement system. I believe that those corpora- tions have made a study of superannuation among their employees CIVIL SERVICE EETIREMENT. 5 and have established these systems purely upon the basis of business and purely because it is a business proposition. As for the railway postal clerks, I must say that I know of no other class of Government employees whose occupation is as haz- ardous, and it is significant to us that this Congress has already passed retirement laws for the Coast Guard service and, I believe, re- cently included the Lighthouse Service men. I think statistics will bear opt the statement that the occupation of the railway postal clerks is more hazardous than even that of the Life Saving Corps or the Lighthouse Service. I merely make that as a statement of com- parison to show that if it is Just to provide some sort of relief for the superannuation of those services it must also follow that the railway postal clerks are deserving of like consideration. And yet the rail- way postal clerks are not asking for any special favor or what we might call class legislation. We have cooperated with other em- ployees in the civil service ; we do not desire to place ourselves ahead of them and whatever is agreeable to them in the nature of a retire- ment bill is also agreeable to us. We would be perfectly willing to accept whatever measure of relief this Congress may see fit to grant to the clerks in the departments, to the other postal clerks and em- ployees in the other branches of the Government service. But I feel, Mr. Chairman and members of the committee, as I stated before, that a thorough study of the subject will show conclusively that it can be placed on a paying basis, or, as T might say, that it can be instituted on a basis that will be equally satisfactory to the Government, to the people, and to the employees. We do not ask for any special consid- eration. Our men are in that frame of mind where they are willing to pay something as their share for the operation of a retirement law. I know that in the years gone by they did not feel that way. They felt that the burden of the operation or the cost of the proposition should be maintained wholly by the Government. They realize now, however, that the day has come in our service when the old men must step aside without any relief whatever. As I stated before, it has actually happened, and rather than to see any more of our older men dismissed — many of them thrown out in life without any opportunity whatever to make a living, because the experience they gained in the Railway Mail Service is not salable outside of that service — as I say, they realize that this condition confronts the men as they grow older and are willing, therefore, to accept almost any kind of a proposition which will give them even a meager amount to get along on, just barely enough to keep them out of the poorhouse. But I may say in that connection that we feel that $600 a year, as proposed in this McKellar-Keating bill, especially under present conditions, is hardly enough. The Chairman. You mean as a maximum? Mr. Etan. As a maximum, yes ; and it is hardly enough as a mini- mum, for that matter. I will put it that way- but we are willing to accept that as a start. We know that any bill that will be enacted, after being in operation for some years, will show imperfections, and we have the utmost confidence in Congress. Our experience with Congress has taught us that the Members of the House and the Senate always strive to be fair and honest and to do what they think is right, of course, having in mind the fact that they are serving the 6 CIVIL SERVICE RETIREMENT. people as well as the employees who make the direct appeal to them. And so we are perfectly willing to rest our case in the hands of this committee and the Members of Congress, knowing right well that anything that is done will, in the judgment of the Members, be the best possible conclusion that can be reached under the circumstances. We pray that this matter will receive early consideration and that some early action will be taken upon it. I thank you, Mr. Chairman. Dr. Jordan. What do you think would be the proper age of retire- ment for the railway mail employees? Mr. Etan. Answering that. Dr. Jordan, I have never made, in our conferences on this bill, any special claims for the railway postal clerks. It has been a matter of common talk in our service that the nature of the work shortens a man's life at least 10 years, and there is no doubt but that there should be some difference. From what little study I have made of the matter I have about reached the con- clusion that not only should age be considered but also years of service. For instance, in our service the men usually come in at a very young age. They are eligible to take the examination at 18 years of age, and most of them come in before they are 25. If you put the age limit of retirement, we will say, at 60, a man coming in at 20 years of age must work 40 years before he is eligible for retire- ment. It is also true that if a man did not come into the service until he was 30 years of age he has only rendered 30 years of service when he is eligible for retirement, and under the same conditions as the man who has served 10 years longer in the Government service. I think that fact is worthy of consideration in the enactment of a retirement law. Under the provisions here the railway postal clerks are in a special class that gives them the benefit of the three years difference, _ but I have already received suggestions or complaints from men in our service who point out that when they come in at 20 years of age, or even 25 years of age, that they will have to resign or give up before they reach the age of retirement as provided in this bill. Dr. Jordan. The age of 65? Mr. Eyan. Yes ; because you can see that if a man came into our service at 20 years of age and must wait until he is 65 years before he is eligible for retirement he would have to render 45 years of service, when the fact is that very few men in our service ever com- plete 45 years of service, because the work is too hard. Dr. Jordan. You think 60 would be better than 65 ? Mr. Eyan. Much better; yes. The Chairman. You spoke of some instances in which you knew there had been dismissals of railway mail clerks simply on account of age. In cases of that kind, where the clerks had served for a long period of years and their retirement has not been voluntary do you think that the bill ought to be amended so as to give such men the benefit of it? Mr. Eyan. I certainly do. The Chairjiax. I think it might be very well to consider that matter. Mr. Eyan. I will be very glad to prepare such an amendment However, it opens up quite a field, because the moment you begin CIVIL SERVICE RETIREMENT. 7 to go back you do not know how far back you are going. But in this particular instance these men were removed without prejudice. Those words were in their removal notice, and I think their cases at least should be covered. The Chairman. I had reference to cases of especial hardship, in which the removed employee would be entitled to the benefits of this bill had he remained in the service and would have remained had he not been removed. Mr. Eyan. I will be very glad to prepare an amendment along that line. I certainly do believe that those men ought to be entitled to it after those years of service. The Chairman. I do not know whether the numbers are sufficient to justify general legislation, but if the field is not too wide I think it might be covered. Mr. E.YAN. I ought to be done to that extent at least. What I meant by saying that it would open up a wide field was that if you should go back to the last two or three years, then the question might arise whether you ought to go back farther. However, the cases I have referred to might be covered by a recommendation from the committee, after the names of all the men affected were listed ; that is, a recommendation to the Executive that they be reinstated by Executive order, and then, of course, they would be entitled to the retirement privilege, but I certainly had it in mind that those men should be included somehow or other. The Chairman. Your suggestion is that they be reinstated to the extent of being entitled to the benefits of the law ? Mr. Ryan. Yes. And if the committee should recommend it I am sure the President would see the justice of it and approve it. Mr. Alcorn. The next speaker will be Mr. Morrison, secretary of the American Federation of Labor. STATEMENT OF ME. FRANK MORRISON, SECRETARY OF THE AMERICAN Federation of labor. Mr. Morrison. Mr. Chairman, I will state that the American Federation of Labor, in 1909, favored an old-age pension for all the citizens. The bill was introduced by W. B. Wilson. The Chairman. The present Secretary of Labor? Mr. Morrison. Yes. The theory and position of the American Federation of Labor is this: That if we desire a reasonably con- tented people, we want to remove from their minds those worries that create discontent and unhappiness. There is nothing that causes greater worry to the worker and his family than the danger of being out of employment and the fear of not being able to earn sufficient to take care of himself in his old age. The Government has recognized the right of superannuation to a pension by granting it to the Army, the Navy, and to the judiciary, and it is recognized, to an extent, among the school-teachers, not so much by the Government as by the general trend of legislation. We feel that if the Government recognizes the principle as to the Army, the Navy, and the Judiciarj^— which usually is much better paid than Government employees en masse — that it should extend it to the various men and women who are working in the Government 8 CIVIL SERVICE EETIEEMENT. departments, particularly because the trade that they learn or the occupation they may follow is peculiar to the Government itself. It is not like a carpenter. If a carpenter is working for the Govern- ment and gets out of employment, he immediately proceeds to do carpentering work for other employers. But you take a railway- mail clerk, a postal clerk, or any of the men working for the Gov- ernment. If they get out of employment, they have no other place to go where the particular information and skill they have acquired afters years of employment can be used to advantage. As to this particular bill our convention at St. Paul in June adopted the following ; and as it is short, I will read it : Whereas the retirement of superannuated civil-service employees upon service annuities is now generally recognized as justifiable from both a humane and a business standpoint ; and Whereas the United States Government Is one of the few in the world that makes no provision for the retirement of its aged civil-service workers, resulting in one of two conditions — men are heartlessly dismissed after years of faithful service or they are retained upon the pay roll when no longer able to render efficient service ; and Whereas the compensation of Government employees is insufficient to permit of adequate savings for voluntary retirement in old age; and Whereas all political parties in their platforms have pledged their support for the enactment of retirement legislation : Therefore, be it Resolved, That this Thirty-eighth Convention of the American Federation of Labor does hereby go on record as favoring an equitable retirement law for superannuated Government employees as contemplated by the McKellar- Keating bill now pending before Congress, and that the executive council is hereby instructed to use every means at its command to secure the enactment of such legislation by the Sixty-fifth Congress. I will also submit, without reading, a resolution that was adopted at the Baltimore convention in 1916 : Whereas there are employed by the United States and the District of Columbia several thousand workers who have grown old in the service, who are no longer able to render services commensurate with the salaries paid to them, and who are absolutely dependent upon the said salaries for their support, because the cost of living has Increased of late years to such an extent that comparatively few of them have been able to accumulate any savings ; and Whereas the efficiency of the service of the United States and of the District of Columbia is impaired to a very great extent by the retention in the serv- ice of these superannuates and the continued requirement by the United States that they shall render service despite their physical disability is an inhumane treatment, but to discharge them, as is sometimes done, with abso- lutely no provision for their old age is even more inhumane and unjust, as they have devoted their lives to the service ; and Whereas the experience of the commercial and industrial world has shown the wisdom and economy of retiring superannuated employees, as is indicated by the fact that several hundred of the largest corporations now have provi- sions for the retirement of their superannuates, even though in many cases the promise of retirement to the employees is in the nature of " strike insurance " ; and Whereas the United States has heretofore shown it concurrence in this view by providing for the retirement of the officers and enlisted men of the Army and Navy and Marine Corps, the judges of the Federal courts, the members of the Life-Saving Service, the Coast Guard, the Revenue-Cutter Service, and various other special classes of employees, a great many of whom perforin services no more dangerous than the work of the civilian employees of the United States ; and Whereas there is a widespread and prevalent belief in the wisdom of providing a law under which the civilian employees of the United States and of the Dis- trict of Columbia who are superannuated may be retired, a great many of the officials of the United States and Members of Congress being outspokenly in favor of the plan ; and CIVIL SERVICE EETIKEMENT. \) Whereas the sentiment and views of Congress in regard to this matter are such that there is only required a strong impetus, such as could be furnished by the American Federation of Labor, to induce Congress to enact a law that will be a model retirement system upon which private employees may be induced to base their systems of retirement; and Whereas the Democratic Party is now in power and in control of the House and Senate of the United States, has incorporated in its platform a plank de- claring itself in favor of the enactment of a retirement law for the employees of the United States: Therefore, be it Resolved, That the president and executive council of the American Federa- tion of Labor be, and hereby are, instructed to use every available means to secure the establishment ' of a retirement system for Federal civil employees which will not either directly or indirectly cause them to suffer a reduction in wages during employment. I believe that this class of legislation should be given the most careful consideration. The trend of legislation is to bring about a civilization in which all workers can live in reasonable comfort. Now. you might ask what is reasonable comfort ? Eeasonable comfort is a condition in which a man and his family can live as citizens of this country should live and educate his children, so that they should have a common-school education and a vocational edvication, so that they will be trained to take up, when they become 18 or 20 years of age. their share of the world's work. I believe our boys and girls should be educated to do the world's work and the Federation stands for a vocational education in order to do that. The old idea was to edu- cate our boys, after the grammar school, for professions, but we hope to see the day when there will be more workers and fewer professional men — not that we have anything against professional men — law- yers, doctors, and ministers, because they are doing a splendid work; but as this legislation advances and the minds of men get to a point that they are willing that everybody should live in reason- able comfort there will be less need for doctors and lawyers, because men will live right, and if you live right there will be little, if any, illness. If a man working for the Government realizes that when he reaches a certain age and is unable to do as much work as the Government feels he should do that he will be retired on a pension immediately is removed from his mind the fear of what is going to happen in his old age, and his family looks forward to the fact that no matter what happens the Government will pay him a certain amount, an amount, I take it, that will permit him to live in reasonable comfort. He will have no family, probably, at that age but himself and his wife. We feel the Government should do that and set an example, and feel that the time will come when every industry will take care of its aged and that there will be a pension for every worker who does his share of the world's work because, in the last analysis, if a man has to work he must be taken care of by charity or the poorhouse. Now, how much the better would it be, in the construction of the laws of the country, instead of leaving a man to charity and the work- house, if a Government enactment should be made so that these men and women would be entitled to a pension and not be objects of charity, which is obnoxious to all free men and free women, and not subject to the poorhouse— something that the people of all coun- tries dread more than anything else. So the labor unions, recognizmg the necessity of taking care of men from the cradle to the grave, have adopted pensions for their members. I am a member of the Inter- 10 CIVIL SERVICE EETIBEMBNT. national Typographical Union, and, after I am 60 years of age and unable to follow my occupation and secure employment, I am en- titled to $5 per week from the International Typographical Union' as long as I live, and Chicago Union No. 16, of which I am a member, will pay me the additional sum of $3 per week. Therefore, after I am 60 years of age, if I am unable to secure employment, I will receive a pension from the printers of this country. I will receive it because I will be entitled to it. I have paid for it in the form of dues. As I say, I would receive $8 per week. But we feel that it should apply to the whole citizenry or to all of the citizens of the country who are benefited by the men who do the world's work, or who do the real work — who build the homes and take care of the homes, who do the work that is necessary to carry on our business — we think that all of them should be taken care of in the same way. There should be no preference shown as between citizens. I hold that the man who runs the train, the railway-mail clerk — and I have seen them work, and I ha^e seen the men in the post offices work long, continuous hours — I hold that they are entitled to equal consideration. The railway-mail clerks, unless they have changed the laws of late, have long hours and then lay off for a day and a half. These people perform hard and irksome work, and thej' are equally entitled with the judiciary, if not more so, from the equitable stand- point, to receive pensions. They are more entitled from the equitable standpoint than the judiciary, because the judiciarj' receives a higher rate of wage or higher salaries than these employees. The Govern- ment is not a respecter of persons, but it is supposed to deal out even- handed justice to all of its citizens, and for that reason, then, an effort should be made to the end that all should receive pensions in their old age for the purpose of taking away the worry and anxiety, and for the purpose of having a happy and contended people. That is what laws ai'e passed for. They are passed for the benefit of the people and for the purpose of having a happy and contended people, Mr. Chairman, if this Congress should enact a retirement law for the Government employees. you would secure in the aggregate more satisfactory returns. Therefore, without taking any more of your time, I want to say that the American Federation of Labor, repre- senting 3,000,000 wage workers, urge upon you to give favorable consideration to this bill and to use yoixr influence to secure its enact- ment, to the end that it will be a stepping-stone to further legislation that will bring about such conditions that we will .have 100,000,000 people with higher concepts of citizenship than ever before. The Chairman. Mr. Morrison, Mr. Hamill would like to ask you some questions. Mr. Hamill. You spoke about the matter of corporations and industrial enterprises taking care of their men, and referred to the fact that there should be a law to that effect in the future. Now, it is a fact that a number of them do at this time take care of their men by pensions, is it not? Mr. Morrison. Yes, sir; or, that is, they promise to do so. The only trouble is that, with respect to some of them, just before the pension period arrives they sever their connection. Mr. Hamill. The point t wanted to bring out was that, at any rate, it indicates a disposition, whether it is from motives of justice or from motives of policy on the part of corporations to help their CIVIL SERVICE EETIREMBNT. 11 men, and in that respect they have gone a little bit ahead of the ■Government in taking care of their employees. Mr. MoREisoN. Yes, sir. That is usually in companies that refuse -to allow their men to be organized, and it is for the purpose of making the men contended. It is for the purpose of keeping them or holding them in their employment. If the Government grants retirements, it would be for the purpose I have indicated. Then, there would be the additional surety and confidence that a man would have that in his old age he would receive his pension. But where a man is working for a corporation there is the danger that through lack of work he may be laid off, and then when he ceases Avork he loses his pension. In other words, he is tied right onto conditions that are not as satisfactory as they might be, and then, without his own volition and without any act of his own. he may be cut off. As inthe case of the Pennsylvania Co., the United States Steel Cor- poration, and other companies who give pensions, it is a voluntary act of their own, and there is no law compelling them to do it. They could change it. But the Government says, " Here, you work for us or work for the Government, and we will take care of you in your old age by giving you this pension," and if it also says that the people working in any industry, no matter how they work or in what industry, shall receive pensions, the worker's mind is at rest. He knows that the Government in his old age will be back of him, and with that knowledge the mind is satisfied. Both the man and his family feel that the old-age problem will be taken care of. There is :a great deal of worry among people about what will happen to them in their old age. It is something that is lurking there in what is called the subconscious mind. You know what that is, Mr. Chairman. Tt is the thought that is in the heart and mind of the man. It comes to him every once in a while. He tries to forget it, and does not want to think about it. He does not want to think about what will happen to him in his old age, but he sees what is happening to people in their old age. He sees men living on charity, or doing little jobs here and there, getting just sufficient to buy bread. That is not how any citi- zen should be taken care of. The Government of the United States should pass this bill and should set at rest the minds of their em- ployees for all time. The Chairman. All people who have worked all their lives have, •of course, contributed to the production of wealth, that wealth, you think, when those people cease to be able to further contribute to it, should be used at least, for the maintenace of its own creators? Mr. Morrison. Yes, sir; for the maintenance of the men who helped to create it. The Chairman. The workers do create wealth in fact. Capital is the most helpless thing on earth without the labor of men, and can not create itself. Mr. Morrison. No. sir; that is true. The Chairman. Without the labor of men no return could be paid on capital. No interest could be received on capital unless there were workers to use it. You believe, then, that there is a universal obliga- tion upon accumulated wealth to take care of its producers when they are no longer able to further produce by their labor? Mr. Morrison. Yes, sir. It is the same as the workmen's compensa- tion bill, and that is the principle upon which you based the compen- 12 CIVIL SEEVIOE BETIEEMENT. sation bill. That principle is that if a man is hurt or injured in his occupation, the only thing necessary for him to prove is the fact that he was injured, and he receives compensation. This is a charge on the industry. Prior to that, when men refused to pay compensation for those injuries, the matter went into the hands of lawyers, and some people never went into court with their claims because they were helpless. All of that has been cleared up by the passage of the workmen's compensation laws. When a man is injured or out of em- ployment through injury, he gets his compensation. There is usually a representative of organized labor on the commission that is taking care of it. Therefore, we are making progress along these lines. It is progressive legislation, and I am glad to have lived to see it. I think I will live to see a law enacted that will take care of men who are working in the various industries. I think I will live to see a law enacted so that they will be taken care of as well as the judiciary and the representatives of tlie Navy and representatives of the Army. Of course the men in the Army and Navy, or the men who are pro- tecting the country, should be taken care of. It its natural that they should be taken care of, because they put their lives in the balance. They put their physical lives in the balance. At the same time, let me call your attention to the fact that in carrying on the industries of this country before the Avar 30,000 people were killed every year and 700,000 people were injured and the injuries were of a character that kept them out of work more than two weeks in that year. This shows that industry is dangerous to life and to health. There is danger to life and health in the in- dustries, as well as the more apparent danger to which the man who is a soldier is exposed in battle, as appears to-day when a great and fearful war is being carried on for democracy — for the democracy that we are struggling to get through legislation so as to make a happier and more contented people, and so that the people may govern. I believe that when we have 2,000,000 of our people over there in the trenches, with our merchant fleet augmented, we will drive the Germans back out of Belgium, back out of France, back oyer the Ehine to Berlin, and in that city I believe a peace will be signed tliat will mean much for the people of this country and for the people of every other country. I believe that we may look for- ward to a time when the millions of people that populate the earth that have been called the submerged people will come up out of their present condition, and the efforts of the Government, through future legislation, will bring about a condition which will enable them to live m reasonable comfort, so that every child that is born will have an equal opportunity for an education to carry on the world's work. The Chairman. We thank you for your statement. Mr Alcorn-. Mr. Chairman, I would like to have the committee hear Mr^ Edward J. Gamor, president of the National Association of L/etter Carriers. STATEMENT OF MR. EDWARD J. GAINOR, MTJNICE, IND. Mr. Gainor. Mr. Chairman, I wish to avail myself of this oppor- tunity simply to record the indorsement of the National Association: ot l^etter Carriers, an organization representing 35,000 members,^ CIVIL SEEVIOE EETIKEMENT. 13 upon the general provisions in the pending measure, the McKellar- Keating bill. Later, during these hearings I hope to be granted the privilege of including in the record a more extended brief, setting forth the arguments favoring this legislation and the attitude of this association on the question. As I see it, Mr. Chairman, there is one fundamental principle in- volved in this proposed legislation and that is whether or not it has grown to be a recognized social obligation on the part of the employer to care for the aged employee after a life of useful service. If this social obligation is admitted — and no careful student of public opinion can conclude otherwise — ^then a law should be enacted carry- ing this principle into effect. If to care for the superannuated in industry is not a social obligation, then there is no place for this legislation. Originally, when this Government was established, we were a peo- ple almost entirely devoted to agriculture. Ninetj'-five per cent of the population lived on farms, they largely supplied their own wants, and individual notions prevailed so generally that even the Govern- ment in it relation to the people was expected to do little more than to use its police power so that each individual citizen, unaided and imdisturbed, could work out his own destiny. A great change has come over our way of doing things in the inter- vening 150 years. The functions of Government have been widely extended and society has grown so interdependent that it now takes a million hands to prepare a breakfast. We realize that we can not live alone and we understand now that the Nation is simply a large family, one depending upon the other. Consequently the natural trend of legislation in keeping with the economic and politi- cal development of our country has been to add new duties and new obligations to the State, and in the end each of these added responsi- bilities have turned out well for all concerned. The State demands more and more of the individual and in return manifests increasing ■concern for his welfare. In keeping with this natural trend, public sentiment has grown to favor an equitable retirement system for Government employees, until now there is a remarkable unanimity of opinion on the sub- ject. This is indicated by the indorsement of more than 100 city ■councils and a great number of State legislatures, as well as by ap- proving declarations inserted as planks in all the leading political party platforms, including that of the dominant party. The people are ready for this legislation, public sentiment favors it, and there is not a single valid argument in opposition. Not one. In the first place no one will challenge the assertion that a retire- ment plan will increase the efficiency of the service. The superan- nuated employee is with us now in alarming numbers and an awak- ened public conscience will quite properly not permit the discharge ■of old men and women although they maj^ be little able to render ■efficient service. The enactment of a retirement law would furnish a means to definitely care for these deserving employees, provide young blood to fill their places, arid immediately the service would re- spond to the newer strain. Again, the argument of cost carries little weight because older em- ployees contributing lesser service are displaced by young and active 14 CIVIL SERVICE EETIREMENT. ,.es. But this is but one phase of the cost argument — an argument: ^Aich was similarily advanced when the workmen's compensation, law was up for consideration. Experience has shown that when an employee is injured in production he must either fall back on his own meager resources or call upon charity. The case of the super- annuate is just the same. Should the aged employee be discharged on account of disability, and left without a means of support, ulti- mately society, in one way or another, must pay the bill. A pension plan as contemplated in the pending measure simply proposes to place upon a well-established workable order a burden which is now borne by society but in a helter-skelter fashion. Again, the effect of this legislation upon human character will be profound. Henry George, in his Progress and Poverty, calls atten- tion to the fact that much of human misery arises from the fear of want. Once the worker realizes that his old age will not be afflicted by penury he takes a new attitude toward society and a new feeling of cheerfulness reposes within him. As in all similar legisla- tions, whether the eight-hour day, the child-labor law, the compensa- tion law, or what not, when once put in operation the effect has been beneficial, so will the enactment of this bill result in unmixed good to both the Government and the Government employees. Primarily, I believe that the cost of a retirement plan should be borne entirely by the State. I believe that the chairman in the ques- tion he asked touched the crux of the issue. I believe that all the burden involved in caring for superannuated employees should be borne by the State on the principal that when a producer who has spent his life in useful production can no longer produce for society, then it becomes society's duty to care for that producer. The same principle is involved in the workman's compensation law. AVhen a workman or producer has been injured in the performance of duty this law provides that he shall be cared for until he is able to Avork again. It is a social obligation. The same obligation exists Avhen we ask the Government to provide for its aged employees, and the experience with compensation laws which have been so favorably received will be exactly the same if retirement legislation is passed. Therefore, Mr. Chairman, I wish to place the seal of approval of the National Association of Letter Carriers upon this proposed legislation and the principle involved therein and I trust it will meet with your approving consideration. Mr. Alcorn. Mr. Chairman, Congressman Hamill has made quite a study of this subject, and we would be glad to have him heard. The Chairman. I was just going to suggest that, as Mr. Hamill is a Member of the present House and will be in the next House, we would be glad to have his views on this matter of legislation. STATEMENT OF HON. JAMES A. HAMILL, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF NEW JERSEY. Mr. Hamill. Mr. Chairman, I am very thankful for the invitation so graciously extended to me to say a word or two on this subject, which is the one of prime importance at the present time, outside of the winning of the war. I have had quite a little to do with the subject of pension legislation. At the request of several of the great CIVIL SERVIOE BETIREMENT. 15 organizations of Federal employees I introduced a pension bill, Euad we have held meetings throughout the country for the purpose^ advocating the granting by the Government of a pension to the Federal employees. While I believe my own pension bill is the best introduced and will endeavor to have it enacted, I will, nevertheless, support any bill which contains a proposition to pension civil-service employees. So thoroughly convinced were the people of the country as to the justice of a pension measure that the matter was reflected m public sentiment, which was so strong ihat the dominant party to-day adopted in its platform a provision promising the enactment of an equitable retirement law. I well remember the committee hear- ing, or the hearing of the platform committee, at which this subject was discussed. Mr. Morrison was there, with Mr. Gompers, myself, and some others, notably Senator Hughes, now gone to his long rest, and who was a most ardent friend of pension legislation. Therefore, I wish to say, Mr. Chairman — and this is important to you and to me as members of the dominant party, because we are in a measure charged with the responsibility of this mattei- — that our platform provides for the enactment of an equitable retirement law. Now, what is an equitable retirement law? There have jjrobably ' been a dozen pension bills introduced. I have introduced one myself called a straight pension bill. I have always said, and I repeat it now, and I think every other man ought. to take the same attitude, that, no matter what happens, we want some kind of a pension bill enacted — a pension bill that will be equitable to the employees, no matter what are the provision of it. Now, I do not know that I can say anything on this subject that has not been said by Mr. Morrison and that will not be said by the several well-informed gentlemen who will follow him. The import- ance of a pension bill, the necessity of it, and the justice of it appear on a very little reflection. I take it for granted that you will agree with me that a man is entitled to a decent living, provided, of course, he has not squandered his life. That is to say, if a man during the days when he can toil puts forth all of his energy in useful labor, certainly he is entitled to a living to the day of his death and during the time when he can no longer labor. He has given all that is in him, and in the days when he is helpless, he is entitled to be cared for. Now, take the case of the Government employee. I see instances of it in the case of the letter carriers. For instance, in my own town, Jersey City, old men are doing that work, and it is a shame, and it is an injustice, I was going to say, on the part of the Government to let men like that walk through the streets carrying bags of mail on their backs, all bearing proof to the people of this country that this Government is willing to work a man regardless of his condition and regardless of his health, down to the very time when he dies. Now, that is a matter of sentiment, but it is sound, strong, and healthy sentiment, backed by reason and by justice. Now, take the case of any one of these Government em- ployees. Take the case of a man holding a clerical position in one of the departments. He passes a civil-service examination, and it is hard for him to get into the service. He gets a very small salary at the beginning, and he walks up the ladder slowly and painfully, re- ceiving promotions only on account of merit. After 30 years of serv- 16 CIVIL SEBVICE RETIBEMENT. ice, he reaches a state of mental and physical exhaustion where he can not properly carry on the work. Will any man say that the Govern- ment ought not to keep that man to the day of his death ? He has given all that is in him to the Government. Now, on what principle would the Government do that ? You say, or you might say, that it would do it on the principle of justice and humanity, but there is another and more material principle, and that is on the principle that this man has already heaped up wages which were never paid at the time that they were earned. Those wages are deferred, and they ought to be paid to him in installments after he is physically and men- tally incapable of working for the Government. Pensions, I have always maintained, are not gratuities, but they are the deferred pay- ment of wages that have been earned but that were not paid at the time they were earned. That is the position, and it is a thoroughly sound one, on which this Government, if it does not listen to the argument of justice, ought to proceed in the matter of granting pen- sions. Now, we have an example in the case of some big corporations that Mr. Morrison and I talked about. I suppose it is true that in most cases they give the pensions in order to bind the man to his position and in order to get the best that is in him. Well, if that be a sound policy for corporations, merely on the ground of self-interest, or merely because it will make money for them and will be good busi- ness, why is it not good business for the Government? The Gov- ernment of the United States would bind its employees and it would have contented employees. You would then have the sentiment ot loyalty. They would be helping the Government, and they would be assured that after they were worn out a pension would be paid them and that they would be kept in reasonable comfort to the end of their years on earth. I have heard a great many arguments ad- vanced on this subject, and it has always been a matter of wonder to me that America did not grant these pensions. Other countries of the world, like Great Britain and France, have granted such pen- sions for years. They have seen the justice of it. Yet this country, which is the most enlightened, the strongest, the richest, and the most open-handed country in all other things, seems to hesitate in doing justice in this very important, and at this time immediate matter, because, depend upon this, Mr. Chairman, the wages that are paid by the Government according to the present scale are not any too high. Industrial concerns are paying higher wages and there may come a time when the Government will be glad to give pensions or inducements for men to enter its service. When that time comes it will probably have to be done hurriedly. It will probably have to be done hurriedly if not done now deliberately, and somethmg m.ight be passed that would not be satisfactory to the Government nor satisfactory to the emplovees. Now, we have the best time of any to pass this bill. It can be considered carefully. It IS now possible to draw it after mature and painstaking delibera- tion. We can get a measure now that will be satisfactory to the Govern- ment and satisfactory to the employees. As I said at the outset, the matter of prime and present importance at this time, outside of the prosecution of the war to a victorious finisli, is the granting of pensions to the great army of civil-service employees, who as well CIVIL SERVICE BETIBEMENT. 17 as the legions in uniform, will help to the full extent of their power in the magnificent accomplishment of the great enterprise we are now engaged in of beating down the hordes of the German Empire and establishing democracy throughout the world. Mr. Alcoen. Mr. Chairman, we now desire to hear Mr. E. S. Sexton, legislative representative of the American Federation of Labor. STATEMENT OF MR. R. S. SEXTON, LEGISLATIVE REPRESENTA- TIVE, AMERICAN FEDERATION OF LABOR, WASHINGTON, D. C. Mr. Sexton. Mr. Chairman, I will not take-up any more of your time this morning, since there are perhaps other committeemen here who will be more edifying on the subject, and I will just allow the position of the American Federation of Labor as represented bj?^ Sec- retary Morrison to answer in my stead this morning, as I am not quite conversant Avith many of the points of this bill, just recently having come into the emploj' of that department of the American Federation of Labor, and therefore would prefer not to address the •committee on the subject this morning. The Chairman. I will state that I understand that this is only a preliminary hearing held by consent without a quorum of the com- mittee being present, and perhaps some of those in favor of this bill would be better satisfied to make their statement before the full com- mittee, or at least before the committee when there is a quorum here. I am simply trying to accommodate those who desire a hearing as €arly as possible, and that is the only reason why we are proceeding in this way. Mr. Alcorn. Mr. Chairman, I would like to have heard next Mr. Beach, representing the National Federation of Federal Employees. STATEMENT OF MR. JOHN S. BEACH, ACTING PRESIDENT NA- TIONAL FEDERATION OF FEDERAL EMPLOYEES, WASHINGTON, D. C. Mr. Beach. Mr. Chairman, just about a year ago exhausttive hear- ings on the subject of retirement were held before the Senate Com- mittee on Civil Service and Retrenchment. At that time I pre- sented to the committee a carefully prepared statement outlining my views on this question which has been printed in the hearings, and consequently I do not deem it necessary to cover the same ground again. The Chairman. Do you want your statement that you refer to included in the statement which you are now making ? Mr. Beach. A part of it, if you please, sir. The Chairman. Then that will enable you to be perhaps briefer in your present remarks. Mr. Beach. Exactly. The Chairman. If you prefer to do so you can submit the state- ment as a part of your present statement, of course modifying or supplementing it in any way you think proper. Mr. Beach. Thank you. The conditions are almost identical at this time and the line of argument which I presented then would 79180—18 2 18 CrVIL SERVICE EETIEEMENT. hold now. It appears there has been a question raised as to whether or not retirement legislation at this time should be considered as war legislation. I desire to say, briefly, that, in my opinion, it is entirely competent to consider retirement legislation in connection with the prosecution of the war, because war work in nearly all of the executive departments and governmental establishments requires the maximum efficiency at this time. Such maximum efficiency can not be obtained under present conditions when the service is clogged with superannuation. In some offices it has been shown that 20 per cent of the employees are superannuated. I am employed in the Bureau of PensionSj and one year ago, I compiled certain statistics in connection with that bureau. It was found that on the 1st day of July, 1917, there were 1,013 employees in the classified civil service in that bureau. Of that number, 191 or some- thing more than 19 per cent, were over 70 years of age; 23 were over 80 years of age; and the average age of all employees in that bureau was 57 years. It might be pointed out that this is an exag- gerated case of superannuation, but it must alSo be pointed out that it is only a question of time when all bureaus in all departments Avill reach the same stage. Referring once more to the question of the enactment of retire- ment legislation as a war measure, I desire to bring out this thought: The question of the distribution of our soldiers when they shall return from the field of battle and be taken once more into our in- dustrial and commercial life is a vital one. No doubt great pressure will be brought upon the civil service at that time, not only to retain in the service those who are here at present, helping with the work, but also to provide places for others in order that the country may adjust itself to the new industrial conditions. Therefore, and I de- sire to emphasize this fact, provision should be made now to care for the civil service on account of this extraordinary pressure which will be brought upon it at the close of the war, and which will undoubtedly result in forcing out of employment thousands and tens of thousands of civil-service employees, 'it is reasonable to sup- pose that those who will be forced out of employment will be the ones who are the least efficient or those who are superannuated. So it would appear that we might well consider, in connection with the prosecution of the war, the conditions which are likely to obtain in the civil service at the conclusion of the war. In regard to the McKellar-Keating bill, which we have under consideration, I desire to say that the organization which I repre- sent stands solidly back of that bill. I understand that since its intro- duction it has been submitted to actuarial inspection and it is found that there are certain inconsistencies in the bill. We have no objec- tion to having those inconsistencies eliminated provided alwavs that the underlying principle in the bill is maintained, namely,- the "deduc- tion of not more than 2^ per cent from the compensation of the employees. I believe that these inconsistencies can be eliminated and that this principle may be maintained without injustice to the employees. In the consideration of any retirement measure we can not and must not eliminate the humanitarian factor. It has been stated here before, and it is true, that there are hundreds and thousands of CIVIL SEBVIOE BETIREMENT. 19 employees who have been in the civil service for years. It is found upon examination that some of them have served for more than 50 years. They are compelled to remain in the service to-day because of dire necessity. -They dare not resign in the face of present condi- tions. It is also true that these employees will be satisfied to retire upon the modest stipend provided in the McKellar- Keating bill. It will not provide for them existence in luxury but it will supplement their savings, and it is presumed the average Government employee will have saved some small amount of money. The annuity in itself is not large. It is hardly adequate; but it has been the desire of our organizations to present something to Congress which would attract attention rather than repel, and, therefore, w-e indorse the principle as outlined in the McKellar-Keating bill of a maximum annuity of $600 per annum. This will afford relief to the employees, will bring relief to the service, and, by removing superannuation, will provide for more rapid promotion, and will undoubtedly bring about a better morale in the service. Now, Mr. Chairman, as indicated before, I have covered this ground very completely in a former statement. It is not my desire to take up the time of the committee and I shall conclude by urging upon this committee that they can well, in view of the conditions I have outlined, consider this as a part of the war legislation, and I trust they will take this view of the question. I thank you, sirs. The Chairman. Mr. Beach, indicate such parts of your former hearing as you want to become a part of this hearing and hand it to the stenographer. Mr. Beach. Yes ; thank you. (The statement referred to follows:) [Excerpts from statement made by John S. Beach, chairman of the Committee on Retire- ment of Federal Employes' Union No. 2, before the Senate Committee on Civil Service and Retrenchment on July 12, 1917.] That Congress should enact an equitable retirement law has been so often reiterated as to become a maxim. The need for such legislation was first brought to the attention of Congress more than 30 years ago, aud bills have been repeatedly introduced in Congress since. In 1912 President Taft gave his unqualified approval to a retirement plan. Heads of departments and chiefs of bureaus have incorporated in their annual report.s from year to year recommen- dations for a retirement law. The Democratic Party in 1916 inserted a plank in its national platform recommending the passage of a retirement law ; and, in their last annual reports, the Secretary of the Treasury, the Secretary of War, the Secretary of Commerce, and the Secretary of Labor, and other department officials strongly urged retirement legislation. Hearings have been held by committees in Congress, facts and figures have been marshaled in support of various plans, and a great mass of matter has been contributed by students of the subject. Senator Pomerene, in submitting a report from the Committee on Civil Service and Retrenchment, on February 13, 1917, stated, " Present condi- tions in the civil service, due in large part to superannuation, have become almost intolerable, and each year they are growing worse." It would, therefore, appear that the time has arrived for definite action; that a concrete plan should be determined upon ; and that a retirement law should be enacted at an early date. There are but three types of system to be considered when the retirement question is under discussion— the wholly contributory system, through which the employee is required to contribute the entire amount for the purchase of his own annuity ; the noncontributory system, through which the Government pays the whole amount of pension or annuity ; and the partly contributory sys- tem in which the employee and the Government share jointly in the cost of 20 CIVIL SERVICE RETIREMENT. maintenance. The most advanced thought upon this subject is now practically unanimous in favor of the partly contributory system. These various systems are very ably discussed in a monograph recently published by Mr. Paul Stu- densky, of the bureau of municipal research of New York City. Having in mind the scant consideration which other bills providing a scale for large annuities have received in Congress, and rather t;han to try to attain the impracticable and the impossible, the organization which I represent decided to indorse a schedule of annuities which would appeal to Congress as being fair both for the Individual employee and for the Government. Tlie schedule of annuities provided in the Wadsworth bill fixes a maximum of $600 per annum for those who have been 30 years or more In the service, and other annuities graduated both in relation to the number of years in the service and the average salary, pay, or compensation received during the last 10 years of service. It can not truthfully be said that the employees are unanimously in favor of this schedule. Probably no other phase of the retirement question causes so much difference of opinion as the amount of annuity to be paid the retired employee. This is quite natural. The employee who is in receipt of a good salary, say $2,000 or more, does not regard with favor a plan which will compel him to retire on an annuity of $600 or less. The large mass of employees, how- ever, are included in the classes in which salaries range from $720 to $1,400 per annum, and such employees are more enthusiastically in favor of annuities as provided in the Wadsworth bill. As a test case, in March, 1917, I compiled statistics concerning employees in the Bureau of Pensions who would be eligible for retirement on July I, 1917, under the provisions of the Wadsworth bill if enacted before that time. It was found that if all should live until July 1, 197 would be eligible for retirement. Of this number exactly 100, or nearly 51 per cent, would receive the maximum annuity of $600 ; that the lowest annuity would be $180 ; and the average for all annuitants would be $509.40. It is believed that the average annuity under this bill for the classified service, as a whole, will be about $500 per annum. I am frank in stating, as my personal opinion, that such annuities are fair to the employee and that they will afford a great measure of relief to those who iinist sooner or later be compelled to retire from the service ; also that the Govei-nment should not, in justice and in equity, enact a retirement law provid- ing a lower schedule of annuities, particularly under a partly contributory system. The following is a sample table of annuities : Average salary, pay, or compensation. Class A, 30 years, 50 per cent. Class B, 25 years, 40 per cent. Class C, 20 years, 30 per cent. Class D, 15 years, 25 per cent. $1,800 or more 81,600 $1,400 «1,200 Sl.OOO.-.' S900 $800 $700 $600 $600 600 600 600 500 450 400 350 300 $540 540 •540 480 400 360 320 280 240 $480 480 420 360 300 270 240 210 180 Note. — The MfKellnr-Keating bill provides the same scale of annuities. $420 400 350 300 250 225 200 175. 150 The number of vacancies caused by the retirement of superannuated em- ployees and subsequently filled by appointment or promotion is an unknown quantity, difficult to estimate, and a problem which must be solved by experi- ence. The vacancies remaining unfilled become an asset to the Government. One system of retirement will have no great advantage over another when this feature is considered. If there is any force to the argument that a young em- ployee will do more work than one superannuated then it must necessarily follow that there can be, and should be, a material reduction in force follow- ing the enactment of a retirement law. CIVIL SERVICE BETIKEMBNT. 21 If this plan is followed in the branches of the service where practicable, then the saving to the Government will amount to millions of dollars annually. It is my opinion that upon the enactment of a retirement law restrictions should be placed on the filling of vacancies. This could not be done In all branches of the service ; if a letter carrier is retired his place must be filled ; if a lighthouse keeper is retired, some one must immediately take his place ; but it is safe to say that under normal conditions in the departmental service in Washington and in many branches of the service throughout the country not more than 50 per cent of the vacancies caused by retiring superannuates need be filled during the first five years under the operation of any retirement system ; and in some branches of the service I believe not more than 25 per cent of such vacancies need be filled. This would result in a direct saving to the Govern- ment amounting to millions of dollars annually. I have a concrete example to illustrate this point. As before stated, there were in March, 1917, in the Bureau of Pensions 197 employees, or more than 19 per cent, who were over 70 years of age and consequently eligible for retire- ment. The salaries of these employees aggregate $253,260 annually. If re- tired under the provisions of the Wadsworth bill the annuities would aggre- gate $99,842 annually, a difference of $153,418. There is already restrictive legislation in regard to filling vacancies in this bureau. Assuming that the commissioner would fill such vacancies as he is permitted under the law, the expenditure on account of original appointments and promotions would amount to $55,100 the first year. The contributions from those remaining in the serv- ice would amount the first year to $20,832, and the net saving to the Govern- ment would equal $119,150 — an amount more than sufficient to pay all annu- ities for the second year without taking into consideration the contributions . for that year. It may be pointed out that the Bureau of Pensions furnishes an extreme example of supei-annuation, but it also teaches the lesson that it is only a ques- tion of a few years when similar conditions will exist in nearly every branch of the service unless a retirement law is enacted. Still another distinctive feature of the Wadsworth bill will be found in section 3, which provides that employees in the civil service who have also per- formed service under the authority of the United States beyond seas or honor- able service in the Army, Navy, or Marine Corps of the United States, either Regular or Volunteer, shall receive credit for such periods of service wheik computing their total service for the purpose of classification. This will include service in the Philippines, in Porto Rico, or in other branches of the service beyond seas, also temporary service in the Military or Naval Establishments. The wisdom of such provision is apparent at this time when so many of the employees in the civil branches have been mustered into the military and naval service of the United States. It will be noted, however, that in the case of an employee who may be eligible for, and elects to receive, a pension on account of disability incurred in the line of duty, the period of his military or naval service shall not be included for the purpose of classification. Employees of the Library of Congress and the Botanic Gardens are also included in the provisions of this bill. These employees, coming as they do under the legislative branch of the Government, have a peculiar status. While they are not in the classified civil service, yet their duties, rights, and privileges are analogous to those of civil-service employees, and their tenure of office is reasonably certain; therefore it would appear to be an act of justice to give them the same benefits of a retirement law as will be received by the employees in the classified service. In conclusion I desire to state that I would not appear before this committee and urge retirement legislation at a time when so many other matters of moment are engaging the attention of Congress if I were not firmly convinced that the interests of the Government would be subserved by such legislation. It has been pointed out that there can be an actual and immediate saving to the Government through reduction in the clerical force due to the retirement of the superannuated and disabled employees! If the partly contributory system on the basis of a 2 per cent contribution as embodied in the Wadsworth bill is .adopted, no immediate outlay on the part of the Government will be necessary for the payment of annuities as provided therein. Efficiency is the watchword of the day in all commercial and industrial enter- prises, but the Government through its present method of administration in 22 CIVIL SERVICE KBTIKEMBlirT. the civil service has hardly kept pace vi'ith the times. We can no more expect an efficient civil service which is clogged with superannuation than we could expect an efficient Army or Navy under the same conditions. There is just as much reason for retirement in the civil branch of the Government as there is for retirement in the military and naval branches. It is ectually sure that In the Immediate future the utmost economy will be demanded and the maximum efficiency will be needed in the civil branch of the Government. The enactment of a retirement law will, more than any other measure, accomplish these things. I can not close this statement without making a plea for the employees whom I represent and of whom I am one. When the retirement question is being con- sidered the humanitarian factor can not be ignored. In the civil service to-day are hundreds and thousands of employees who are waiting anxiously for the enactment of a retirement law; men and women who have rendered faithful service, some of them for more than 50 years, and who would like to retire and spend their few remaining years in peace and comfort. An employee in the civil service has little opportunity to accumulate a sufficient competence during his period of service to enable him to separate himself voluntarily from the service when his earning capacity has become impaired. The fact that Gov- ernment employees have not been enabled to save a competency is accentuated when we consider the constantly increased cost of living during the past 10 or 15 years and the abnormal cost at the present time. Salaries have not kept pace with these conditions. Many superannuated employees would like to retire from the service, but either can not afford to resign or dare not take the step In the face of present conditions. They would be only too glad to retire if the Government would supplement their meager Incomes with a modest stipend such as the Wadsworth bill provides. So anxious are the employees to have a retirement law enacted that they now come to Congress and offer a contribution toward establishing and maintaining a system. The plan may not be perfect, but if enacted into a law it is sure to result in a real saving to the Government, it will give increased efficiency to the civil service, and it will afEord a great measure of relief to a •very deserving class of faithful servants. Will not Congress, in the Interest of economy, in the Interest of efficiency in the service, and in the Interest of humanity, give this question their earnest consideration? Mr. Alcoen. Mr. Chairman, I wish now to be heard Mr. M. F. O'Donough, on behalf of the civil service employees. STATEMENT OF MR. M. F. O'DOWOGHUE, SPECIAL WRITER, THE CHIEF, THE GOVERNMENT WEEKLY, UNITED STATES PATENT OFFICE, WASHINGTON, D. C. The Chairman. Mr. O'Donoghue, you may proceed in your own way. Mr. O'DoNOGi-iuE. Mr. Chairman, some of the subjects I had in- tended to touch upon have been covered by previous speakers. I had the honor, with Kepresentative Hamill, soon after the present Presi- dent of the United States was inaugurated — I was then president of the United States Civil Service Retirement Association — of waiting on the President, and we had a conversation with him on this sub- ject, and he told us he was in favor of retirement, and at the earliest opportunity he would take the question up. Things have happened since that have so far prevented that being done, but the necessities of the case now require that it should be done. There is not much need, I think, of arguing why retirement should be granted. The facts are that it exists in the world in every civilized country • and in this country in very large part retirement has been granted 'so that, there is only left out of the entire civilized world a remnant of the' United States in which the employees have not been retired on annui- ties at the close of their career. Consequently, we come now to the CIVIL SERVICE RETIREMENT. 23 closing of the chapter. The Army and the Navy, the judiciary, the paymaster clerks of the Army, and most recently the Coast Guard and the Lighthouse Service have had retirement. The Chairman. I think I ought to know something about the latter, as the legislation came from this committee. Mr. O'DoNOGHTiE. The President signed that legislation just a few days ago. That slipped through, you know, quietly, because it was for a small body. Now, my predecessor argued" why this should be passed now as a war measure, and that is for the reason that every act, Mr. Chairman, that takes place in the United States to-day is either for us or against us in the winning of the war. Every act that favors the allies, that promotes their activities, that makes it easier to transmit the weapons of war to them — no matter in what shape they may come — is for the winning of the war, and, Mr. Chaii-man, nobody should know better than you that the em- ployees of the Government in Washington and in every part of the country are a very large part of this Government. When you gen- tlemen want information you send to the departments for the infor- mation. When your letter comes to the department the head of the department never sees it. He sends it to the bureau to which it be- longs. The head of the bureau never sees it. It is sent to the di- vision to which it belongs. The chief of the division never sees it, or at least does not see it at that time, but perhaps sees it later, if at all, and it goes to the individual employee — the clerk having it in charge. He is the one, when you come down to the last analysis, upon whom ultimately the carrying on of this great Government rests. Outside there has been an hallucination that the Government employee did not have much to do ; that his position was a " cinch," so to speak. That may have come from past performances, but I assure you that at the present time they are a very hard worked and a noble working body, because there is a tenseness in the air, and their hearts are in the war, and riglit here in Washington their con- tributions to every fund is a proof of their patriotism. There is an article in one of the papers — The Scientific American — this week which speaks of war as a scientific proposition, and a matter of specialties, not of one specialty, but of a thousand special- ties. Formerly the Infantry was the entire feature of the Army. Now, it is not only the Infantry, but the Artillery and the thousand and one things behind the Infantry and the Artillery. You come first to the munition workers, and then you go from the munition workers back to the food people, and you go from the food people to agri- culture, naturally, and then to the Department of the Interior, which has charge of land, and then to the Patent Office, which has charge of patents and inventions, and you go to the trade-mark di- vision, which has charge of trade-marks, every man wanting his trade-mark to push his goods in the market. Every one of those things that is well and perfectly done adds to the perfection of the machine of this great Government and hastens the winning of the war. Mr. Chairman, it is not only now, but in the years to come, when the war is won, and when the great, crucial economic crisis comes, that you need capable employees, need men of intelligence, men of culture, men who can take their places against the trained men of other nations. 24 CIVIL SERVICE EETIE.EMENT. For instance, take Japan; Every Japanese who is in the foreign, service has to speak four languages perfectly— his own language^ English, French, and it used to be German; but after the war, I trust that German will be eliminated. The same thing is true of other nations, and we have to go up against them with trained men, and the case I alluded to a while ago applies to the individual clerk at his desk. If he is able to take hold of that case as he is expected to, if he is able to take it at the beginning, and touch every fiber of it, and in his first letter cover every feature of the case, and it goes back written in grammatical and legal phraseology, and then comes back answered, there is no delay such as there will be. if he is halt- ing in his work, if he is aged, or if he is illiterate, as he may perhaps; be, because a great many of the very best men are being taken away, and to-day you have to nurse the civil service, and you have to nurse the old men and women in the civil service, because they are the ones, who will have to do the training now, Mr. Chairman, of the number- less young people who are coming in just raw from the fields, from the schoolrooms, and just barely able to do a little typewriting. Who else is going to train them ? You can prolong the longevity of the old man 10 years by offering him a reasonable amount to retire upon. I spoke to a man yesterday and he asked me if this bill would oust him immediately. I said, " No, John, it will not. You will have 10 years in which to retire." He brightened up immediately and a new light seemed to dawn upon him. It was like a promise of a hereafter when the man saw that he was: not going to be thrown out at once, but would have 8 or 10 years left. He arose to new possibilities. He saw that there was ^t the end something for him, and that when he was thrown out he would not be absolutely and utterly dependent. However, it is not for the benefit of the man entirely ; in fact, my argument almost always has been on the other side of the matter. It is for the benefit of the Government of the United States, for the benefit of the men who pay the taxes, because the quicker the work is done the better for them. If you knew, Mr. Chairman, how people come to us over and over again, and you gentlemen are responsible for it sometimes, because you send your telephone message down to the chief of the bureau, or the head of the department, and you want to know about such and such person's case, how it stands, and why it is not acted upon; and then things begin to hum, and we have to take hold and rush the thing through, whereas we ought to be able to do that without any pressure from anybody. Good men, well paid, who can look forward to something in their old age, and not have to look forward to being thrown out, which is an awful thing to contemplate, would benefit the country, and things would be done better, and would move more smoothly, and there would be no delay. For instance when a man is waiting for his patent there should be no delay. A nian is waiting for his trade-mark, and has his con- tracts ready and has the copy ready to put into the press for his ad- vertisements and all that sort of thing and is only waiting for his trade-m.ark to be issued-and I am only speaking of this because I have personal knowledge of it, and the same thing is true in all other lines of work--consequently, it is the Government that benefits by having the work performed promptly. The man works better and CIVIL SERVICE EETIREMENT. 25 you get a better class of men, who work without fear and Avithout favor. You will get better men because when people see old men thrown out on the street, and hear people say, " Oh, he is a Govern- ment clerk who has been thrown out," they are not desirous of going into the service where things like that occur. The people of the country who are back of the clergy have seen that and most of them have provision for retirement. The Episcopal Church especially has recently established an elabrate system of retirement; and conse- quently I point to that, and in the last analysis, to the necessity that there is for retirement being granted civil-service employees both as a matter of justice and for the winning of the war. • I thank you very much. Mr. Alcokn. Mr. Chairman, I think there are some three or four men who have not had any sleep overnight and if there is no objection we would like to have them heard now and give them a chance to get a little rest. The Chairman. The order- of the hearing, of course, is in your hands. Mr. Alcorn. I will now call on Mr. McKinney, chemist and master mechanic at the navy yard, and I would like to ask, Mr. Chairman, your permission to ask a few questions of Mr. McKinney. Mr. McKinney, in your opinoin, what effect would this legislation have on the service of the navy-yard force ? STATEMENT OF ME. P. McKINNEY, UNITED STATES NAVAL GUN FACTORY, WASHINGTON, D. C. Mr. McKinney. Mr. Chairman, in answer to the question of Mr. Alcorn, we have in the naval gun factory a condition somewhat dif- ferent from that existing in the executive departments. We are, as you know, a manufacturing and industrial plant. We have conditions which require the maximum effort from each employee, particularly at the present time when tlie product of our plant is being utilized, in large measure, for maintaining our forces abroad in munitions and the necessities for carrying on the present war. We have down there not as large a percentage probably as in a good many of the executive departments, but we have a considerable percentage of employees who have served faithfully for a number of years. We have there in the foundry departiuent a molder SO years of age who has been in the service 32 years, I believe ; and in "those places at the present time these men are actually attempting in every way possible to produce the maximum amount of Avork to keep up with the younger blood, and it seems punishment really to be com- pelled to require men of that age and after years of faithful service to maintain this standard which must necessarily be maintained at the present time; and at the same time it is probable, and, in fact, I know that it is a fact, that in a number of cases the only reason these men have not retired and given up is because they are not able to live without the support that their position affords them. Now, we know that in most of the industrial trades, particularly in the lines of work I am particularly interested in, the foundry, the forge shop, the casting of brass and the working of brass into car- iridges, and so on, occupational ailments are a serious factor, and 26 CIVIL SERVICE EETIREMENT. these men are really working to the detriment of their health when they are required to work in their old age at these occupations. It is one of the things that has killed off molders before their time in in- dustrial plants. I do not know whether that is the reason we do not have such a large percentage of old men, but it appears that the effi- ciency of the Government's operations would be very materially aided by a provision whereby these men could be let out, with sonie v/ay of providing for them and allowing the younger blood and the men who can with much less effort turn out the needed production with the facilities that are at hand. Mr. Alcorn. You are satisfied, Mr. McKinney, that it will bring about greater efficiency in the service by retiring these men, who are old and disabled, I take it ? Mr. McKiNNET. I think so, undoubtedly. I think that is the one thing that is lacking in the organization. We have, as everybody knows, a number of veterans of the Civil War, men who have fought for their country; and, in addition to that, have served faithfully practically ever since the termination of the Civil War, and they are still there as mechanics or in other lines of work. They are not being carried along as pensioners, but they are really attempting to do what the younger and more able man is doing. Mr. Alcorn. And what they are not able to do. Mr. McKiNNET. And it is not only working a hardship on the in- dividual, but — from the standpoint of maximum efficiency in our organization, at a time when every man's efforts should count, when you have limited facilities and more work to do with the facilities — the quicker you can provide for active young men who can work with the minimum effort, to take the places of old men who can only produce with the maximum effort and then probably lag behind, the greater will be the efficiency of operations in a plant of that kind. Dr. Jordan. Mr. Chairman, I would like to ask the witness one question. You spoke about occupational diseases. To what extent are the employees in your branch of the service affected by occu- pational diseases? Mr. McKiNNET. Well, probably, to a smaller extent than in the average foundry on account of the fact that we attempt to guard against it by precautionary measures, medical inspection, and an ex- cellent wash-room system. For instance, during the hot weather, when the men are particularly subjected to the dangers of gas fumes, we permit them, after coming from the furnace, to go into the wash room and recuperate. Dr. Jordan. And take every precaution to minimize the danger? Mr. McKiNNET. We try to minimize the dangers, but there is no foundry, no forge shops, or no brass-working shops where occupa- tional ailments and troubles can be eliminated, because it is one of the risks that goes with the trade and you can not eliminate it unless you eliminate entirely the work that is being done. It is well known that no matter how well a molder takes care of himself in his old days he is subject to what is known as molder's asthma.' Working his lifetime or his active, individual lifetime of, say, 30 or 40 years, in a foundry, he accumulates dust in his lungs to such an extent that he does suffer from these troubles in his old days. We have two or three of our old men down there, that I have absolute knowledge ' CIVIL SEEVICE BBTIEEMENT. 27 about, who are suffering from the effects of that sort of thing in years gone by. It is not such an ailment that comes within the pro- visions of the compensation act, but yet their efficiency as employees to a certain extent is being destroyed through the results of their long years of service. Dr. Jordan. It hastens their superannuation, in other words? Mr. McKiNNEY. I think it does ; sir. Mr. Alcoen. Mr. Chairman, I would like to have you hear from Mr. E. H. Howard, master mechanic at the navy yard, who can give you some facts in connection with his own shop. STATEMENT OF MR. E. H. HOWARD, WASHINGTON, D. C. Mr. Howard. Mr. Chairman, so much has been said along this line that I hardly feel there is anything left for me to say. HoAvever, it may be interesting to you to have me state that in my experience of about 12 years as master mechanic in the foundry it appears that some such bill as this should be enacted, looking to the retirement of faithful old employees, if for no other reason than a purely efficiency proposition. Looking at it from an outside manufacturer's viewpoint — we live in an age of specialties — in order to compete we have to specialize in every branch ; we are tying to compete with the outside, and in order to compete with the outside we have to be on the alert for the most efficient methods to produce results most desired. Now, if we get a boy — and I am looking at it purely from the foundry standpoint — ^and he comes into the shop to learn a trade and knows that he has something to look forward to besides merely learning a trade, that boy is going to put forth every effort in him to do his best. I know from my experience that when you have a satisfied work- man, and a contented workman, you get the very best in him, but when you have a discontented workman his efficiency immediately drops. The foundry business particularly, to say the least, is rather hazardous, and it would look to me as though the industrial world of civil service employees should have its quota as much as the other fields and should be included in this bill. It is understood many of the foremost corporations of the outside industrial world, having seen fit and deemed it advisable, have pro- vided for the faithful and aged employee. Why ? There is good rea- son for it. These corporations are not in the business for the purpose of maintaining a charitable institution. They certainly can not be accused of conducting these great arteries of industry for the pleasure they derive from it. These corporations, it would appear, are conducted for business, on the best and most efficient legitimate principles it can employ to maintain the highest efficiency and produce the best possible financial results. In view of this, it would seem good business if the United States Government would adopt some such plan for its army of civil service employees. I do not think there is any thing further that I can add to this be- cause I did not know anything about it until yesterday, and it is only a matter of the mere expression of opinion more than anything else. Dr. Jordan. To what extent does superannuation prevail in your branch of the service in the Navy?_ What percentage of old people have you in your branch of the service ? 28 CIVIL SERVICE RETIREMENT. Mr. Howard. In my particular shop, sir, there are comparatively- few (14 men over 66 years of age in classified service) because the labor is hard and they can not stand the work. However, among those few we have- a man, as was stated a moment ago, who is 80 years of age. Men of this age can not be expected to maintain a high stand- ard of efficiency such as is now required. The high standards must be maintained and under present conditions it presents a problem. Dr. Jordan. Do they die before the age of 60 or retire from the service voluntarily ? What is your experience and observation along that line ? Mr. Howard. A molder does not live, as a rule, to be much over. 60, but that, of course, depends a good deal upon a man's physique and the conditions of shops in which he has worked. Dr. Jordan. You think, then, that the retirement age ought to be fixed at 60 for your class of employees ? Mr. Howard. Yes, sir. Mr. Alcorn. Is it not a fact, Mr. Howard, that a number of old men have died in the last few years who, according to your idea, would have lived much longer had they been retired at a reasonable age? Mr. Howard. Most assuredly. Mr. Alcorn. They would have lived much longer and the service would have been much better off ? Mr. Howard. That is true without question. Several men who come to my mind now would have been living in all probability to- day if they had been pensioned at a reasonable age, and somebody younger and more efficient would have filled their places and that would have promoted the general efficiency of the Goverment plants, Mr. Alcorn. I would like to have you hear Mr. Deviny, secretary of the National Association of Civil Service Employees. STATEMENT OF MR. JOHN J. DEVINY, SECRETARY OF THE NA- TIONAL ASSOCIATION OF CIVIL SERVICE EMPLOYEES. Mr. Devinx. Mr. Chairman, as one of those mentioned as having* stayed out all night properly engaged in the Government's business, " I take particular pleasure in the honor of being here this morning to say a word in behalf of this retirement bill. There are two incidents connected with this bill which, to my mind, augur well for its early passage. One is that it has been referred to a new committee in con- sidering retirement measures, that is, general retirement measures, and, secondly, because of the fact that we representatives of the Gov- ernment employees come here this morning united in purpose and are now working with a concert of action which we had not experienced in the past. We have appeared before various committees, the Com- mittee on Civil Service and Retrenchment in the Senate and Civil Service Eeform in the House, and, as a general rule, we did not agree on essentials. But to-day we are here working together united in a common cause for the very best possible results. The principal thing that can be said in favor of a retirement law, in my opinion, is that it will increase the Government's efficiency, and during these war times we need to have the maximum of effi- ciency. The retention of old meii, worn out old men and women in CIVIL SEEVIOE EETIEEMENT. 29 the Government's' service does not make for the greatest efficiency and the passage of a retirement bill would tend to bring about a state of affairs which would make it possible to replace these old men and women and thus maintain the efficiencj^ Avhich is so necessary at this time, in order that we may properly support the armed forces of the Government in this war. A strong sentiment prevails throughout the country in favor of a retirement law. The people have expressed themselves in favor of a retirement law and that expression has found form in the passage of resolutions by 11 State legislatures, scores of city councils, boards of trade, and civic organizations of all kinds. These resolutions favor particularly the bill fathered by Congressman Hamill, which is a noncontributory bill and is more liberal in its provisions than the present one. It is known that the people of the country will wel- come the passage of a retirement law with open arms, that they will welcome it with the idea that it will increase the Government's efficiency and at the same time render justice to old and faithful employees who have given their best to the service. Another thing in favor of the passage of a retirement law is the fact, as has been stated, that a man in the Government service is a specialist. It is seldom that the Government employee can use the knowledge gained in public service in private industry. I went to the Bureau of Engraving and Printing 18 years ago as an apprentice to a plate printer. I learned the trade of plate printing, and it is obvious that if I engage in the trade of plate printing outside of the Government service, as a counterfeiter, that the Government would take care of me for the rest of my days, but not in a manner par- ticularly to my liking. We in the Government service are, as a rule, specialists, and the work done by the employees in the various branches of the service bears the trade-mark of efficiency; we want to maintain it at that standard, and I am sure that the passage of this bill, the early passage of this bill, will greatly assist in securing that very desirable result. Mr. Alcorn. Miss Thomas, who has had 42 years of service, desires to file a statement. The Chairman. It will be printed as a part of the hearing. Mr. Alcorn. Just within the last few months, just recentlj^, she has gone to pieces, and there is no provision by which a case of this kind can be cared for at present. (The statement filed by Miss Thomas follows:) Miss Maria Thomas, 1704 M Street NW., appointed copyist Rebellion Keeorcl Office August 7, 1876; transferred Surgeon General's Office August 22, 1888; passed civil-service examination by order of Secretary Endicott ; have been under Secretary of War 42 years of faithful service. Now have lost sight of left eye and right eyesight dim. My health is so bad that I am .not able to attend to the duties of my desk as in the past. Chief Clerk of Surgeon General's Office, War Department, in charge of my records will indorse my faithful service and statement. I am appointed from District of Columbia. My mother and father were from Maryland. I am needy; have always assisted my family and earnestly beg your charity and attention to my case. Maeia Thomas. (Thereupon the committee took a recess until 2 o'clock p. m.) 30 CIVIL SEEVIOE KETIEEMENT. AFTER RECESS. The committee reassembled at the expiration of the recess. Mr. Alcorn. Mr. Chairman, I would like you to hear Mr. Hyatt, president of the Federation of Postal Employees. STATEMENT OF MR. GILBEUT E. HYATT, PRESIDENT OF THE NATIONAL FEDERATION OF POSTAL EMPLOYEES. Mr. Htatt. Mr. Chairman, the subject was opened up this morn- ing by Secretary Morrison, of the American Federation of Labor, of the peculiar situation of postal employees in this respect, that they follow a caUing which is, more than any other callmg, a Gov- ernment profession. More so, even than men in other branches of the civil service, for the reason that stenographers, bookkeepers, and men in the strictly clerical branches of the service perform duties which have some common ground of meeting with occupations out- side, and that is more true of the printer and of course the men employed in the navy yard and so on than it is of the postal em- ployees. The postal employee is, I think, peculiarly an employee of the Government in the sense that he learns a calling that has no other market than with the Post Office Department, and he learns a pro- fession whose purchasing value is not worth $1 to him, however expert he may be, when he leaves this service, and for that reason postal employees are peculiarly lifelong employees of the Govern- ment. Almost every man who enters the Post Office Department enters it with the idea that he is going to make it his life occupation and those who leave the service are those who have found conditions such as to disappoint them in the desirability of this expectancy of a lifelong occupation. Now, that means that the Government is pe- culiarly in the position of having to take care of these men. I do not mean to take care of them in the way of charity or gratuities, but to see that their living conditions are such that make for efficiency and are in the interests of humanity ; and, obviously, there are only two ways that that can be done so that the man will be in reasonable security through the entire period of his life, and one of them is that the wage scale shall be sufficiently high so that he can live according to the American standard of living, one befitting an employee of the Government, and provide a margin over that whereby he can pro- vide a reasonable surplus for his old a^e ; and' the other is that he shall receive a living wage and in addition to that a pension which will assure him of competency and ease in his declining years and releve him from this constant load of anxiety and worry, which is the most debilitating thing in the world, as Mr. Morrison pointed out, wondering what is going to happen to him when his energies are no longer capable of keeping pace with the strenuous requirements of the service. In this respect the postal employee is in an unfortunate position, because it has been clearly established by voluminous evidence in this session of Congress that "the postal employee has been underpaid for a period of 10 years. The only relief he has received was a rather inadequate one of a bonus for one year only of $200, which was CIVIL SERVICE EETIEEMENT. 31 granted to him by this session of Congress, and the scale of wages under which he has been living was set 10 years ago and was not considered 10 years ago as being a munificent salary or anything but an ordinary living salary, and so it stands to reason that in the face of the facts presented the postal employee has been unable to lay up any surplus that would provide for his old age. Therefore we find that most of the old employees of the Post Office Department are simply working as long as they can work, flogging their declining energies to keep pace with the increasing requirements of that de- partment until such time as they finally break down and either go out to a dependent old age or die. Almost every one Avho has come in contact with the post office em- ployees in all three branches of the service have noticed the numbers of old men, obviously physically decrepid, who are hurrying to keep up. One gentleman, I believe it was Representative Hamill, called attention to the scandalous fact that aged letter carriers were stagger- ing on the streets under loads of mail, and almost every railway mail crew had in its personnel some old man working right alongside of younger and more vigorous men, trying to hold up his end in order that he may not be discharged for incompetency. In the post office in which I worked for a number of years I recall now with distinctness two examples. One of them was especially pitiful, an old man who had been in the service for 40 years and was a Civil War veteran, who was a man of unusual vigor of mind and body and a man of indomitable pride. He was a distributer of mail, which is an assignment that requires an intricate knowledge of thousands of post offices; and in addition to that the work requires unremitting attention and accuracy and considerable physical exer- tion. It is a line of work that is wearing on even a young man, and this old gentleman was endeavoring to memorize facts with a mind which • was not as ready in picking up new facts as of course that of a younger man, and trying to keep in mind the thousands of changes in this complicated scheme of distribution to which he was assigned, and in addition to that was endeavoring to do just as much work as any of the younger men, and we used to comment on his failing vigor from day to day and from month to month, until finally — there was nobody, thank heaven, in that service in a supervisory position who was brutal enough to kick the old man out — his powers waned so that they had to make a special job for this old gentleman so that he could sit at a table and arrange in proper order labels for the pack- ages and sacks of the other distributors. In a little while even this became too strenuous for him and he went home and almost imme- diately died, practically died in the service, and I think his life was considerably shortened by the fact that his last years were spent in a losing race with the machine. Another instance I have in mind along the same line was another Civil War veteran who had been assigned to a particular detail that placed him in supervision over a group of youngsters and this re- quired alertness and decision and all that sort of thing, and the old gentleman, as the city grew and the requirements of his job grew, was unable to keep pace with the work and finally in the evening of his days was placed on a tour of duty that was less exacting btit 32 CIVIL SERVICE EETIEEMENT. which compelled him to work at night, and he is an aged man. I am stating these two instances as being typical of the situation m almost every post office in the United States with which I have come in contact ; and it is plain to anyone that such a condition of affairs is not only inexcusable from the human angle— from the angle ot common, ordinary humanity— but it is inexcusable from the stand- point of efficiency, because, obviously, these old men with waning powers are a drag on the efficiency of the service, and the service M'ould be in a great deal better condition if their places were iakeri by men capable of 100 per cent work in the course of a day. Now, I have not gone into the question of a civil-service pension from the standpoint of statistics and have not taken it up with any- thing like thoroughness in regard to actuarial reports as some of the other gentlemen have, because I did not think it was necessary. I considered that the proposition was so plain that men who had not been properly provided with a good wage during their lifetime and who had reached a point where they were unable to any longer per- form maximum service, should be retired, that nobody could discount the facts, but I would like to insert in the record a letter from an old railway-mail clerk which illustrates what does happen to a great many of these old men who, not having a pension, are forced out. They do not die in the harness but are forced to retire. It is a very pitiful case of another Civil War veteran who could not stand the pace any longer and much to his regret was forced to leave the service. AMES'S KETIEEMENT INVOI.UNTAKY — CIVIL WAE VETERAN FORCED OUT. In a pathetic letter to the Leominster, Mass., Enterprise, T. J. Ames, railway- mail clerk and war veteran, tells of tlie inhuman treatment awarded him by the postal administrators, who forced him out of the service : Mk. P]ditor: May I ask for a little space in your paper to set my friends right in regard to my severing my connection with the Railway Mail Service,- I am receiving very many congratulations on my retirement, supposing I have done so with a pension, but such is not the case. I should feel much better were it true. The facts are that the Post Office Department is reorganizing the mail service, much to the detriment of the service, and much more so to tlie postal clerks. The department seems bound to force these changes, law or no law. The second assistant postmaster, under whom comes the railway mail, seems to have no consideration for the old clerks — and none others so far as that goes — so they are curtailing the service to a great extent. The short runs ( one man ) are being taken off almost entirely, going back to close-pouch service of 40 years ago. Much of this service is placed on the large railway post offices, and they are reduced from four crews to three, which increases the running time of these clerks 50 per cent, which of itself is a reduction in salary of $150, if not considerably more, on account of expense in being away from home 50 per cent more time. Then, in addition to that, a cut of fflOO on each clerk's salary, and tbls in these times of high cost of every- thing, and when most everyone is asking, in fact is receiving, an advance in wages rather than a cut. As I was the oldest clerk, as well as the oldest man on the Boston & Albany railway post office, the assignment given or offered me was one of tbe worst to be handed out under these conditions, which were that I had got to run six days on and only three days off, not being able to reach home during the six days on duty, and run on night trains at that. Thus I concluded I had been a slave long enough, as I desired, if permitted, to live a few years longer, to enjoy my home, witli family and friends, and not be subject to the dictates of a Kaiser, in what we call free America, and for which I gave three of the best years of my life. OIVIL SEEYtOE BETIEEMENT. 33 I was the last Civil War veteran left on tlie Boston & Albany, and with over 37 years in the mall service, I feel I have faithfully served Uncle Sam over 40 years, and thereby done my little bit, trusting I have so conducted myself to at least gain the respect of my fellow citizens, so many of whom I count my friends. I thank them for their congratulations, and wish my services in the Railway Mail Service could have deserved better treatment. Thomas J. Ames. Leominstek, November 5, 1917. It is astonishing to learn that the English Government took up the matter of a civil-service pension by appointing a board of in- vestigation as long ago as 1786 and had a pension act in 1810, and the Parliament of New Zealand, according to a statement I read, I believe, was established in 1856, and almost the first act that they considered was the passage of a civil-service retirement bill; and, on the findings of a commission appointed at that time, a general pension bill was passed in New Zealand in 1858. In the English postal service they have, at the present time, a postal act which is amplified and made general under an act of 1909, which retires a man at about 50 per cent of his salary and a bonus in addition, and it is a noncontributory pension. The stand of the organization which I represent has always been against a noncontributory pension for several reasons, and one of them is this: The experience of civil-service employees — pensioned in other countries long enough to be able to see the real effect of that sort of thing — is that the tendency is to assume that the pension is given in lieu of wages and that all that is necessary is to give them any sort of a living wage, because they have this pension, which costs them nothing, and it is considered by them to be a very severe drag on the already great handicaps that they are under in keeping pace with men outside of the civil service ; and, another thing — which IS obvious to any man who takes at all a sympathetic viewpoint to- ward the civil-service employee — is this : Being, as I have said, under a great handicap in fighting the battle for better conditions and keeping pace with the constantly improving conditions of other people, the fact that they have a pension and that they put in a certain number of years in the service and have an equity in that pension, operates against aggres- siveness, so it would really produce a state of mind which would make a man prone to accept almost anything he found in the service rather than endanger his discharge and the loss of that pen- sion. This danger is removed by some form of contributory pen- sion; and, inasmuch as the civil-service men have been able for the first time to unite on this McKellar-Keating bill as a 50-50 proposi- tion, we are perfectly willing to indorse it for that reason, because we are thoroughly cognizant of the fact that the crying need for civil-service retirement is growing every year. It is not only recog- nized now, but it has been recognized for a long period in the past, so much so that a great many officials of the Post Office Department, have recommended pensions ; and, in this connection, I would like to insert in the record a few statements, collected by Representative Tague in connection with some testimony which he gave previously on the subject of retirement, in which the recommendations of the various post-office officials are given : 79180—18 3 34 CIVIL SEEVICE EEHEBMENT. The Postmaster General's report for 1909 states : KETIEEMENT OF SUPERANN DATED EMPLOTEES. In recent years the subject of making provision for tlie retirement of super- annuated employees in the civil service has received much consideration. It is believed that the interests of the employees and of the Government alike de- mand legislation to this end. The work of the Postal Service, like that of every great business institution, public or private, requires special training. Years of experience are necessary for the attainment of a high degree of proficiency in the discharge of the duties devolving on postal employees. The department's policy is, therefore, to recruit its force from young men and to retain them until such time as their usefulness is impaired by advancing age. In view of the increased cost of living the salaries paid are barely sufficient to enable the employees to meet current needs, and the opportunity to make pro- vision for old age is small. These conditions suggest the adoption of measures that will insure Government employees against want after they pass the period of active service. Private business establishments in this' and foreign countries find that such a course brings practical returns in the increased loyalty and zeal of employees. Experience has shown that in default of such provision administrative officers hesitate to recommend the dismissal or the reduction in salary of superan- nuated employees who have spent their lives in the Government service. The drain on the national finances by their retention at full pay after they have be- come incapacitated for efficient service is far greater than would be the cost of a reasonable system of civil pensions. The First Assistant Postmaster General for the same year, in his report, states: A KETIEEMENT FUND FOE SUPERANNUATED EMPtOYBES. The question of retiring superannuated employees on a pension has confronted the executive departments and has been discussed in Congress for many years. The present law prohibits the maintenance of a civil pension list and makes it the duty of executive officers to drop from the rolls all employees who are perma- nently incapacitated for performing service. This law, however, is most diffi- cut of enforcement, and it is undoubtedly a fact that there are many employees in the Postal Service who should be retired on account of age and physical in- firmities. Many of these men have spent their lives in the service. On account of the long hours and exacting nature of their duties they have not been able to add to their meager savings by outside employment nor to lay up a compe- tence for old age. To remove them from the service for incompetency when their period of active usefulness has passed is in contravention of the spirit of our institutions. Good administration and humanity alike demand that some provision be made to care for these veterans of the service when overtaken by old age or disability. The First Assistant Postmaster General, in his report for 1910, says: PENSIONS FOE SUPERANNUATED EMPLOYEES. Nearly every country of importance makes some provision for pensioning its civil employees when they are overtaken by old age, and many of the large cor- porations in this country have devised a similar plan for the retirement of their aged employees. From the standpoint of economy alone it would seem that this Government .should do likewise. In the Postal Service, on account of the long hours, the small salaries, and the exacting nature of the duties performed, the employees rarely are able to lay up a competence for old age. It is hoped, there- fore, that Congress will take action looking to the retirement in some suitable manner of its superannuated employees. CIVIL SERVICE EETIEEMENT. 35 The Postmaster General, in his report for 1911, says: PFNSIONS FOE SXJPEKANNUATED EMPLOYEES. Almost without exception foreign nations provide for the pensioning of civil- service employees when they become superannuated. Large corporations in this country are rapidly adopting the same prinlcple in the retirement of their aged employees. On business grounds, if for no other reason, the Government should do likewise. While the compensation of postal employees has been considerably increased during the last few years, it is hardly more than sufficient to meet necessary living expenses, and consequently does not permit the putting aside of any con- siderable savings against old age. It is believed that a civil pension bill based on length of employment should be granted by the Government. Benefits to the service far outweighing the expense of such pensions would undoubtedly result. The First Assistant Postmaster General, in his report for the same year, says: PENSIONS FOR STJPEKANNUATED EMPLOYEES. Nearly every country of Importance makes some provision for pensioning its civil employees when they. are overtaken by old age, and many of the large cor- porations in this country have devised a similar plan for the retirement of their aged employees. From the standpoint of economy alone it would seem that this Government should do likewise. In the Postal Service, on account of the long hours, the small salaries, and the exacting nature of the duties performed, the employees rarely are able to lay up a competence for old age. At post offices of the first class the employees number about 50,000, and less- than 1,200 of this number have reached the age of 65 or more, many of whom are in nowise superannuated. It is believed, therefore, that less than 2 per cent of the employees of classified post oflices would be retired under a pension system. In the Post Office Service a large sum of money accrues annually from the lapsed salaries of employees absent without pay where no substitute is employed or where the substitute receives less than the salary of the absent clerk or carrier and also on accovmt of failure to fill vacancies immediately or where the force is reduced temporarily during the dull season when vacancies occur. The employees themselves, In a measure, contribute to this fund, since the ab- sence of regular employees throws additional burdens on those remaining on duty. This fund is more than sufficient to cover the cost of pensions for the superannuated employees among the 60,000 clerks and carriers at first and second class post offices. There is another source of revenue that might properly be used to constitute a pension fund, and that is the money turned into the Treas- ury each year from money orders issued and never presented for payment. The Postmaster General, in his report for 1912, says: PENSIONS FOE SUPEEANNUATED EMPLOYEES. Civil pensions, based on length of service, should be granted to postal em- ployees when they become superannuated. It is likely that the expense of such a system would be more than offset by gains in efficiency. Although the com- pensation of postal employees has been considerably increased during the last few years, it is still insufliclent to permit adequate savings against old age. Foreign nations pension their aged employees as do also many corporations, and on business grounds, if for no other reason, the Government should do likewise. The First Assistant Postmaster General, in his report for 1912, says : IN.JUEED AND RTIPEEANNt'ATED EMPLOYEES. In the Postal Service the employees rarely are able to accumulate savings, and the injury of an employee in the line of duty, necessitating his absence without pay or resulting in death, is a serious hardship to his family. The 36 CIVIL SEBVIOE BEiriREMENT. Government should take the lead in dealing fairly with employees who are in- jured while in the performance of duty and those who, when burdened with years and worn with faithful service, are forced to relinquish their positions because no longer able to work. The First Assistant Postmaster General, in his report for 1914, says : SUPERANNUATION. It is said that the loss sustained by the Government on account of super- annuation aggregates many millions annually. A careful canvass of first and second class post offices seems to indicate that this loss is probably less propor- tionately in the Postal Service than elewhere. Alertness, dexterity, quickness of hand and eye, and other qualities of youth are peculiarly required for the performance of post-office work and tend of themselves to assist in reducing superannuation in the service. However, superannuation is an important prob- lem in properly reorganizing the Post Office Service, and the increasing volume of parcel-post traffic accentuates the need for an early and definite solution. ~ Some postmasters refrain for humanitarian reasons from recommending de- motions and removals in accordance with the declining efficiency of employees. The result to some extent is that tenure of office in the Government service does not now depend on the law nor on the uniform needs of the service, but upon the varying temperaments of the postmasters and their varying concep- tions of their public duty. This condition is wrong and works injustice to the employees and loss to the Government. The First Assistant Postmaster General, on March 1, 1915, in a communication to Senator Bankhead, which was printed in the Con- gressional Record of March 4, said that — Superannuation, however, remains a pressing and urgent problem, and a practical plan for dealing with it efEectually should be accepted and advocated. Now, Mr. Chairman, there is just one thing more and that is this: The occupation of a post-office clerk is, of course, mainly that of dis- tributing the mail. The public never sees this man. They know very little about his conditions, and consequently they draw the impres- sion of the post-office clerk from his title, which is one of the most misleading titles ever given to a group of men. Post-office clerks are not clerks. They are distributors of the mail ; and, as such, fol- low a very arduous occupation, one in which most of them work nights, and work under insanitary conditions; many of them work in ill-lighted basements, and in basements so poorly constructed for the purpose that they Avork under artificial light even during the daylight hours, and the health statistics of the Post Office Depart- ment prove that it is a wearing occupation. It is one which is detrimental to health and detrimental to long life and long efficiency. The claims that are made by the railway mail clerk in regard to the hazards of his occupation are met by the extra-health hazards under which the post-office clerk labors, and a handicap to which the letter carrier to a certain extent is free from, so that the claims of the post-office clerk for consideration owing to the peculiarities of his occupation are, I think, at least on an equal footing whith those of the other branches of the service, and he should receive equal consideration when the question of a pension is brought up. Here is a short table of statistics, with a few comments made by the secretary of the sick-benefit fund which is maintained by the clerks' union in Chicago, in which they make reference to the rapidly increasing number of claims owing to disability on account of sick- ness ; and, particularly, to those arising from tuberculosis owing of CIVIL SERVICE EETIBEMENT. 37 course, directly to insanitary surroundings; and, as the end of my testimony, I would like to have that in the record also as it is very short. ' I thank you very much. State of Health in Chicago I'ost Office. Although the Chicago Federal Building from an architectural viewpoint is an imposing and attractive edifice, its interior arrangement is mute evidence ot the tact that the Chicago post office incidentally was allotted some space as 1 ^ , r^'® squeezed between the more spacious apartments which accom- modated the Federal courts, the customhouse, the internal revenue office, etc Therefore, the inadequate space and consequent congestion and poor ventilation are one of the well-founded reasons for the proportionatelv large numbers ot" clerks on the daily sick list. That such is the case can be substantiated by the numerous claims for benefits in the sick benefit brancli of the Chicago Post Office Clerks' Union. OVERTIME. Another very potent reason for a big sick list is the excessive number of hours the average clerk is compelled to toil almost throughout the year. That such conditions are harmful not only to the employee, but to the institution he serves as well, is really self-evident, as the employee on account of the imposi- tion on mind and body can not invest the vim and vigor, either mentally or physically, to do justice to the task assigned to him. SICK BENEFIT CLAIMS. In the swiftly moving and ever changeable panorama of life few occurrence.^ and conditions are more pathetic than the sight of a stricken head of a familv who has no other means but his employment \^dlich illness forbids him to follow, to provide for those dependent upon him. The Chicago Sick Benefit Branch offered the much needed relief. In recent years, however, when claims for sick benefits increased at an alarming rate on account of the numerous cases of fatigue due to overwork and a very noticeable increase of tubercular dis- eases the dire need of a sanitarium, as proposed, became more and more ap- parent. Summary. 1916 Cases. 1916 January.. . February. March April May June July August September $477.00 771.00 879. 00 780. 00 660. 00 410. 82 306. 92 408. 66 376. 74 S369. 00 540.00 674. 00 382. 00 510. 00 305. 00 .■515. 00 342. 00 388. 00 20 29 31 19 23 16 28 16 17 Mr. Alcoen. Mr. Jordan. Chairman, we Avould like now to hear from Dr. STATEMENT OF DR. LLEWELLYN JORDAN, CHIEF SECTION OF SURETY BONDS, TREASURY DEPARTMENT, REPRESENTING THE UNITED STATES CIVIL-SERVICE RETIREMENT ASSOCIATION. Dr. Jordan. Mr. Chairman, I do not know that I should take your time or trespass upon the good nature of those present here to make any extended argument in addition to what I have previou.sly stated 38 CIVIL SERVICE KETIEBMENT. on SO many occasions in the interest of retirement legislation. It is unnecessary to argue as to the urgency of this meritorious legislation. It may be enlightening, however, to state that the endeavor to secure this legislation at the hands of Congress has been a source o± con- stant agitation on the part of the employees, m the main, supple- mented by recommendations of department heads, bureau chiets, and other supervisory emplovees of this Government for aJDOut 20 years. During the progress of" the efforts to secure this legislation about every known variety of retirement bill has been produced and intro- duced, either in the Senate or in the House. , . , , . „ We have had numerous hearings, but, with the single exception ot a bill which was reported by the Committee on Eeform m the Civil Service of the House about 16 years ago by Congressman Giilett, at that time the chairman of that committee, we have never had any direct report from any committee of Congress on this proposed re- tirement legislation. The chief obstacle in the past to securing a report, with the exception noted, has been due to the fact that the employees have been seriously divided amongst themselves upon essential details and the form in which this legislation should be proposed to Congress. . I want to address myself briefly to the two distinct points of view of the advocates of the retirement plans in order that this prelimi- nary hearing may as cogently and as clearly as possible present those points of view for the benefit of your committee. The first point of view, and the one which is the most appealing, and, I might say, the most popular one, is predicated upon the idea that the Govern- ment of the United States should, in recognition of fidelity and long service, reward the employees by granting a pension or superannua- tion allowance, paid directly from the Treasury of the United States, without any reference AA'hatsoever to compensation paid during the ]ieriod of service. To summarize briefly a few of the objections from my point of view to this proposed form of retirement legisla- tion I would state, in the first place, that in every scheme govern- mentally controlled, where it has been attempted to pension the employee directly from the treasury of the supporting country, in- variably the question of compensation or salary has entered at some stage into the computation of the pension itself. One of the wit- nesses referred to the pension granted by the English Government, rnd in that connection it may be stated that the English Government in its endeavor to solve the question of superannuation in a much smaller civil service than we have, after experimenting for a number of years with different forms, in 1859 established what was then Jinown as a straight civil pension plan, which contemplated that the pension to be paid to the superannuated employee would be a direct charge upon the exchequer or treasury of the nation. Within 15 years after the enactment of that law an ag'itation arose amongst the employees, which was brought about in its initial stages by the postal employees of Great Britain, in which the view was taken that this pension, supposed to be an outright gift, gratuity, or reward for faithful and long service, was, in fact, operating to keep down the wage scale of those who came within the scope of the pen- sionable class of employees. As a result of this agitation, with a civil service at that time numbering about 125,000 employees, an CIVIL SERVICE EETIEEMENT. 39 organization came into being which was known as the Deferred Pay Organization. The name " Deferred Pay " was selected to designate the organization because it was conclusively shown, as I have intimated, that this so-called pension, when granted, took into consideration compensation paid during period of service. To my mind that constitutes a vital objection to any plan where the em- ployee to be benefited does not participate by making a direct con- tribution to the fund and where he can have, as he has a right under that condition, to participate in the administration of the fund and the law applicable thereto. If eveiy man and woman working for the Government were adequately compensated, so as to maintain the individual in reasonable comfort and so as to enable him or her to achieve that standard of American living to which we all aspire, we might reasonably hope that the employees, as a matter of pru- dence and foresight, would accumulate something against old age or decreased earning capacity; but human nature being what it is, it is rare that those who work regularly for wages make provision against old-age dependency. But independent of that we recognize that the wage scale as paid is totally inadequate, and that, I might emphasize, is one of the crying needs of the service to-day in those branches where no attempt has been made to reclassify or to provide compensation somewhat near what it should be along the lines of adequacy. So that the first objection is centralized in the thought that a straight pension oper- ates to keep down the wage scale, and every employee who has his or her best interests at heart should, in my judgment, espouse that form of retirement legislation which makes for better wages. The next thought and objection is that with a straight civil pen- sion it has the invariable effect of tying the man so completely to his position that under any sort of autocratic administration on the part of overbearing supervisory officials he has but limited oppor- tunity to resent such treatment or to improve his working condi- tions. In my opinion, it strikes at his very manhood and freedom as an American citizen. To return, Avith the agitation that came about within 15 years after the enactment of this so-called straight pension system of Great Britain and after the subject had received the serious consideration of royal commissions appointed by Parlia- ment, it was finally conceded that there was not only merit in the statement of these gentlemen, who said that they were suffering in the way of reduced pay because of this so-called pension grant, but it was admitted that a grave injustice was being done these people, and the Parliament of that country in September, 1909, radically changed the law so that essentially the system which is operatmg to-day in Great Britain is fundamentally a contributory system, where the employee receives a portion of what he otherwise would have contributed in the way of a commuted pension if he retires from the service or if he dies before reaching the age of retirement. The third objection to a straight pension is— and that is confirmed by statistics in the English Government— that only one person out of seven actually receives the benefit. Now, if it is admitted that the pension takes into consideration salary or compensation, and if it be further conceded that the salary or compensation is less by reason of the pension grant, if these statistics mean anything, they 40 CIVIL SERVICE REHBEMENT. mean that six out of seven people have worked through their period of earning capacity at a lesser wage than they would otherwise have received, and through death, before reaching the age of retirement, have suffered the loss of a pension and their families deprived of the benefit of greater wages. Now, turning to the other point of view, where the employee con- tributes, that is predicated, Mr. Chairnian, upon the idea that the employee shall be adequately compensated. That is ideal, but, as a matter of fact, Ave know it is not so. However, for the purpose of this discussion, it is predicated upon the idea that the employee is adequately compensated. Now, when an employee enters the Gov- ernment service he establishes, by virtue of the acceptance of his appointment, a contractual relation between himself and the Gov- ernment as his employer, and it is my view that in any scheme of retirement both partiese to that contract should contribute, and why ? Because in the case of the contribution of the employee he knows from day to day and from year to year what his contribution is; he knows if the bill provides that it shall bear a certain rate of interest compounded annually ; he knows and he realizes that if he does not reach the age of retirement and drops by the wayside through death before reaching that age that his contributions, with interest added and compoimded are absolutely his property, so that they are not a loss to him; they are not a forfeiture to his family and represent something that he can rely upon at any event and in all events. Be- sides, a study of pension schemes applicable to school-teachers, to firemen and to other municipal employees in this country has demon- strated that in those schemes which are solely controlled and sup- ported by municipalities or by State governments, where the em- ployees do not contribute, that they have not given satisfaction ; they have not produced the content that schemes predicated upon the idea of compelling, if you please, the employee to contribute in part to- ward his own pension or annuity have. So we present ourselves to-day before you united upon this funda- mental proposition, that the Government should bear its proportion- ate share of the expense of creating the annuities, retirements, or superannuated allowances, and that the employees shall bear their proportionate share of the expense, limited under the terms of this bill, however, to a contribution not to exceed 2^ per cent of what we are pleased to call the basic salary of the employees. We adopted the word "basic" because we did not want our bonus, that Congress has seen fit to give us, touched to the extent of creating our retire- ment or annuity provision. My hope, Mr. Chairman, is that when we present you with a few details, as we will when the actuary arrives, and incorporate in these hearings a bill which attempts to smooth out and even up the inequalitiese in the present bill under consideration, that we can demonstrate, as closely as figures can con- vince, that the enactment of this legislation will not only prove a great boon to the civil service by increasing the efficiency of the per- sonnel, but that it will be a real economy to the Government. It has been stated, and truthfully, as far as statistics show, that the Govern- ment, as early as 1902, more than 16 years ago, was suffering not only from inefficiency but suffering economically and financially to the extent of two and a half million dollars annually because of the exist- CIVIL SERVICE RETIREMENT. 41 ent superannuation at that time. If those statistics and figures were reliable then — and no one has dared to dispute them since — it may be conceded that the cost is mounting, and that it will continue to increase. One of the speakers referred to the fact that every country, with the possible exception of the United States, that deserves to be men- tioned as a country, has made provision for its superannuated civil- service workers. That is a fact, and it is a lamentable reflection to realize as American citizens that in this day and hour our country, the great leader of countries, should find itself in the nondescript company of the black African Republic of Haiti and one of the South American countries, Venezuela, in the matter of providing for its civil-service workers. I believe that this Congress, if this matter can be expedited by your honorable committee, is ready to pass upon this question. The Democratic Party, with which I have the honor to be affiliated, has pledged the country that it will see that legisla- tion of this kind is enacted. I do not know the attitude of our President, except as I have read his public utterances, but I do know this fact, that when the Demo- cratic platform of 1916 was in the making our present Secretary of "War, to whom was intrusted the duty by the President of incor- porating features and planks into that platform, made the very positive statement that the platform should contain a plank upon this subject. As a Democrat and as a believer in the civil service, and as a part of the civil service, I hope I will live to see that platform pledge redeemed, and I hope that this Congress will redeem it. In conclusion, Mr. Chairman, I wish to incorporate as a part of my statement a memorandum which I submitted at a previous hear- ing held before the Committee on Civil Service and Retrenchment, in the Senate, during July and August, 1917. I wish to especially invite the attention of j^our committee to that portion of the memo- randum which refers to a report made by the Carnegie Foundation for the Advancement of Teaching, which was published in October, 1916.' I thank you for your attention. [Extract from statement made before Committee on Civil Service and Retrenchment.] Statement of Dr. Llewellyn .Iokdan, Chief of the Bonding Division, Treasury Department. Dr. Jordan. I want to, conclude my statement, Mr. Chairman, members of the committee, and ladies and gentlemen. There are quite a number present here who wish to be heard, and to me it is particularly gratifying that we have with us so many representative officials of the Government who will tell this com- mittee of the absolute necessity in an administrative way for the retirement legislation. In concluding my remarks, Mr. Chairman, I simply want to empha- size what I stated at the last hearing— that in any fair and equitable way of dealing with this subject, the committee must take into consideration in the question of cost how that cost shall be distributed. It is my view, as I at- tempted to state at the last hearing, that the cost of this retirement should be equally distributed between the Government and its employees. Of course, in making that statement it will be understood that for those employees who have reached the age of retirement as fixed by any legislation proposed, that the Con- gress will have to provide the money directly from the Treasury to take care . of these superannuates. I also want to emphasize this point, which I believe is well worth while con- sidering, and that is, that in any scheme of compulsory contribution on the part of the employees, those employees who are in the service at the time the law 42 ■ CIVIL SERVICE EBTIBEMENT. becomes effective should be permitted to exercise an option as to wliether or not they will come under the provisions of that act within a reasonable period of time allowed for the exercise of that option. I make that statement because in the light of the experience of the Canadian Government when they attempted to pass from the straight civil-service pension proposition where the Government paid the entire cost to the partially contributory scheme they were confronted with the difficulty of imposing upon these people who were in the earlier ages in the service the provisions of that compulsory savings act. Therefore, in my judgment, in any plan that contemplates compulsory contributions on the part of the employees, there should be an optional feature in the bill allowing them to exercise the option within a reasonable period. There has just come from the public press a report made by the Carnegie Foundation, to which reference was made by one of the speakers at our last hearing, and I would like to read into the record a brief excerpt from it which summarizes the conclusions of the Carnegie Foundation as to the underlying principles in any equitable and economically sound retirement plan. I will read it [reading] : " The problems Involved in establishing a new pension plan are obvious. The chief of these Is financial, but the cost can not be calculated without a knowl- edge of the facts involved and rigid adherence to principles accepted from the start. An actuarial valuation is necessary not only at tbe inauguration of a new system, but periodically during its existence. Retirement should be on the basis of age, not merely on a service basis, but provision should be made for retirement on the ground of disability, adequately attested by physicians em- ployed by the pensioning authority and periodically reinvestigated. Definite rules must be laid down to govern cases of service outside the system covered by the pension. Provision should be made for the return of contributions with Interegt In case of resignation, dismissal, or death. But each additional benefit means an increase in the amount of the annual contributions." That is quoted from page 113 of the eleventh annual report of the president and of the treasxirer of the Carnegie Foundation for the Advancement of Teach- ing, published in October, 1916. Then there is another report from which I read a very brief extract which I wish to Incorporate in my remarks [reading] : " The essential and outstanding fact for both the teacher and the college to face is that there is no means by which a man entering the career of a teacher can be assured of a pension 30 or 40 years later except under a plan which sets aside each year a reserve necessary to provide a pension at the age agreed upon. Neither the teacher nor the college can obtain this security without participation in the cost, and only in this way can the cost of the "pension be definitely related to the cost of the salary list." That is from page 13 of Bulletin No. 9, entitled "A Comprehensive Plan of Insurance and Annuities for College Teachers," by Henry S. Pritchard, presi- dent oE the Carnegie Foundation for the Advancement of Teaching, published April 15, 1916. Mr. Chairman, I wish to submit also as a part of my remarks some exhibits which I will hand to the stenographer. The Chairman. A'ery well, they may be incorporated in the record. (The exhibits referred to above are here printed in full as follows:) lExrL.iNATiox ; Matter in italics is new ; matter In brackets [ ] is old law to be omitted.l AN ACT To amend the Greater New York charter and to repeal sections ten hundred and nmety-two-a, ten hundred and nmety-two-b, and ten hundred and ninetv-two-c thereof, in relation to teachers' retirement fund. The People of the State of New York, reprexetHed in Senate and AssemUy, do enact as folloics: Section 1. Section ten hundred and ninety-two of the Greater New York charter, as re-enacted by chapter four hundred and sixty-six of the laws of nineteen hundred and one, and amended by chapter five hundred and thirty of the laws of nineteen hundred and two, chapter one hundred and seventy- seven of the laws of nineteen hundred and three, chapter six hundred and sixty-one of the laws of nineteen hundred and five, chapter one hundred and sixty-seven of the laws of nineteen hundred and seven and chapter four hun- dred and seventy-six of the laws of nineteen hundred and fourteen is hereby amended to read as follows: ' CIVIL SERVICE RETIREMENT. 43 t 1092. The following words and phrases as used m this act, unless a different meaning is plainly required iy the context , shall have the following meanings: (1) "Retirement system," shall mean the arrangement for the payment of fetirement allowances, wnder the provisions of this act. (2) "Retirement association " shall mean the teachers' retirement associa- tion provided for in subdivision B of this act. (3) "Retirement board " shall mean the teachers' retirement board provided for in subdivision C of thix act. (4) "Medical board " shall mean the board of physicians provided for in subdivision T of this act. (5) "Board of education" shall mean the board of education of the city of 'Neio York. (6) "Public school " shall mean any class, school, high school, normal school, training school, vocational school, truant school, parental school, and all schools or classes conducted under the order and ■itipcrintcn.de nee of the board of educa- tion, and the schools or classes maintained by the department of public chari- ties or by the department of correction in pursuance of the rules established or to be established by the board of education, or by the commissioner of public charities or by the commissioner of correction for schools or classes maintained by such commissioners, respectively. (7) "Teacher" shall mean the city superintendent of schools, the associate city superintendents, the district superintendents, the director and the assistant director of the division of reference and research, the director and the assistant directors of the bureau of compulsory education, school census and child wel- fare, the members of the board of e.i-a miners-, the directors and the assistant directors of special branches, the siiperrisor and the assistant supervisors of lectures, all principals, vice-principiils, assistants-to-principals. heads of depart- ments, and all regular and special teachers of the public day schools of the city of New York, and all employees of the board of education appointed to regular positions in the service of the public schools at annual salaries and whose ap- pointments were made or shall hereafter be made from eligible lists prepared as the result of exami f^Ttr^'^'\llZt number one; a pension which shall be the actuarial ^Sf ^«'/«* o{,*^f,^7"«"* f" transferred shall be paid to said retired present-teacher f^TJ^lZorH to fund nMmber one. Should said present-teacher ^^ '""^'ZJ^J^tttaZf erred active service the pension reserve on such pension shall thereupon be transfer ed from- pension reserve fund number one to the contingent reserve .funa. 4. Pension reserve fund number two shall oonsistofthefoUomng. (a) The balance remaining in the permanent fund «/ ^'^f.rf/;;^" f * {«'^^. of the board of education of the city of New York on the thirty-first day of July, nineteen hundred and seventeen. , , ^, ,,„„..j „-f ^^..nnfirm (b) The balance remainvng in the retirement fund of "»? ^il /f^fr/lw «3 of the city of New York on the thirty-first day of July, nineteen hundied and. (c) Fiie per centum of all excise moneys or license fees ^^^ongvng to the city of New York, and derived or received by any <'<^^'^^'']Z^°J J/„l'Z,t public officer from the granting of licenses or permission f «"X t^'Z Ir Z- teen hundred and seventeen to sell strong or spirituous liquors al^,wine or be& in the city of New York under the provisions of any law of this state authoriz- ing the granting of such license or permission. ^Mt^^^^mt (d) The donations, legacies, and gifts which may be made to the retirement (e) The sums now due and ivhi^h hereafter may become due to the retirement fund of the board of education of the city of New York. „„„„,•„„<. (f) The ammmts contributed by the city of New York to pay the penswns of the teachers retired on or before the thirty-first day of July, nineteen hundred and seventeen, and to pay that part of the pensions and the other benefits of present-teachers who shall be retired or who shall become eligible for retire- ment after the thirty-first day of July, nineteen hundred amd seventeen, which are not payable from any other fund created by this act. Pensions oMd other benefits, or such parts thereof allowable to present-teachers and to present pen- sioners, provision for the payment of which out of any other fund created by this act is not specifioalli made, shall be paid out of pension reserve fund number two. 5. The annuity savings fund shall consist of the accumulated deductions from the salaries of contributors made, under such rules and regulations as the retirement board shall prescribe, as follows: (a) Prom the salary of each present-teacher who is a contributor there shall be deducted such per centum of his earnable salary as he shall elect, provided, however, that such contributor shall be limited in his choice to one of the follow- ing rates: ■ (1) Three per centum of his earnable salary. (2) Such per centum of his earnable salary as shall be computed to be suffi- cient, with regular interest, when paid until age sixty-five, to provide for him on retirement at that age an annuity which, when added to his pension, pro- vided for in this act, will provide a retirement allowance of fifty per centum of Ms average salary. (3) A per centum of /((*• carnabtf salary greater than three per centum thereof. Should any present-teacher, on becoming a contributor, fail to make such an election, he shall he deemed to have elected a deduction from his salary at the rate of three per centum of his earnable salary. (b) From the .salary of each neio-entrant ivho is a contributor, there shall be deducted such per centum of his earnable salary as shall be computed to be sufficient, with' regular interest, to procure for him on service retirement an annuity equal to twenty-five per centum of his average salary; the rate per centum of said deduction from salary shall be based on such mortality and other tables as the retirement board shall adopt, together with regular interest, and shall be compnted to remain constant during his prospective teaching service prior to eliigibility for service retirement ; but no beneficiary restored to duty shall be required to contribute a per centum of his earnable salary greater than the per centum thereof irliich he was required to contribute prior to his retirement. (c) And the head of each department shall deduct on each and every payroll of a contributor for each and every payroll period subsequent to July thirty- first, nineteen hundred and seventeen, such per centum of the total amount of salary earnable by the contributor in such payroll period as shall be certified CIVIL SERVICE EETIEEMENT. 49 to said head of department by the retirement board as proper in accordance with the provisions of thvs act. In determining the am-ount earnable by a con- tributor in a payroll period the retirement board shall consider the rate of salary payable to such contributor on the first day of each reyular payroll period as continuing throughout such payroll period and it may omit salary deductions for any period less than a full payroll period in cases where the teacher was not a contributor on the first day of the regular payroll period; and to facilitate the making of the deduetions it may modify the deduction required of any contributor by such amount as shall not exceed one-tenth of one per centum of the salary upon the basis of which the deduction is to be made; the deductions provided herein shall be made notwithstanding that the minimum salaries provided for by section ten hundred and ninety-one shall be reduced thereby ; and said head of each department shall certify to the comp- troller on each and every payroll the amounts to be deducted; and each of said amounts so deducted shall be paid into said annuity savings fun,d, and shall be credited together ivith regular interest to an individual account of the con- tributor from whose salary the deduction was made. 6. Upon the retirement of a contributor, his accumulated deductions shall be transferred from the annuity savings fund to a fund to be Icnoion as the an- nuity reserve fund; his annuity shall be paid out of said annuity reserve fund. Should suoh a beneficiary be restored to active .service his annuity reserve shall thereupon be transferred from the annuity reserve fund to the annuity savings fund. 7. No contributor shall be required to continue to contribute to the annuity savings fund after he shall have become eligible for service retirement; all contributions made thereafter to said fund shall be voluntary. 6. Regular interest charges payable, the creation and maintenance of re- serves in the contingent reserve fund and the maintenance of annuity reserves ' and pension reserves as provided for in this act and the paymet of all pen- sions, annuities, retirement allowances, refunds, death benefits, and any other benefits granted under the provisions of this act are hereby made obligations of the city of New York. All income, interest, and dividends derived from de- posits and investmsnts authorized by this act shall be used for the payment of the said obligations of the city of New Yorlc. Upon the basis of each actuarial determination and appraisal provided for in this act, the retirement board shall prepare and submit to the board, of estimate and apportionment on or before the fifteenth day of September in each year an itemized estimate of the amounts necessary to be appropriated by the city to the various funds to complete the payment of the said obligations of said city accruing during the ensuing fiscal year. The board of estimate and apportionment and the board of alderm.en shall make an appropriation which shall be sufficient to provide for such obli- gations of the city of Neiv York and the amounts so appropriated shall be included in the tax levy and .'shall be paid by the comptroller into the various funds created by this act. H. In computing the length of service of a contributor for retirement purposes under the provisions of this act, full credit up to the nearest number of years and months shall be given each contributor by the retirement board (a) for all city-service; and ib) in the case of present-teachers -for all teaching or super- visory service in schools and colleges not maintained by the city of Neiv York; and (c) in the ease of neio-entrants for all teaching or supervisory service not exceeding fifteen years, in schools and colleges not maintained by the city of Neiv York. Under such rules, and regulations as the retirement board shall adopt, each teacher shall file with the retirement board a detailed statement of all such service rendered by him. As soon as practicable thereafter, the retire- ment board shall verify such statement as to prior-service and .shall issue to each teacher a certificate certifying to the aggregate length of his prior-service. Such certificate shall be final and conclusive as to his prior-service unless thereafter modified by (a) the retirement board upon application by the teacher; or (&) hy the board of education upon application by the teacher or by the retirement board, provided such application for modification be made to said board of education within one year after the issuance of a certificate or a modified certificate by the retirement board. A certificate for prior-service issued to a present-teacher shall certify the total length of prior-service allowance for said present-teacher through the sixteenth day of September, nineteen hundred and seventeen. The time during which a contributor teas absent on leave of ab- sence without pay shall not be counted in computing the prior-service or the 79180—18 i 50 CIVIL SEKVICE EETIBEMENT. total-service of the contrihutor, unless allowed both by the head of the depart- ment in which the said contributor tvas employed at the time said leave of absence was granted and by the retirement board; the tinie during which a contributor tvas absent on leave of absence on full pay or part pay from city- service shall be counted in computing the prior-service and the total-service of said contributor. For the purpose of computing prior-service the retirement board shall fix and determine by appropriate rules and regulations how much service rendered on the basis of the hour, day or session, or any other than a per annum basis, shall be the equivalent of a year of service. No allowance shall be made for such service as a substitute teacher, night school teacher, vo'cational school teacher, or for any service rendered in a position to which the contributor was not regularly appointed and served on a per annum salary unless such service loas city-service. But all service allowed by the board of examiners of the board of education pursuant to section ten hundred and ninety-one shall be allowed by the retirement board. I. Any contributor vho resigns his position to accept ami toho, within sixty days thereafter, does accept another position in the city-service shall continue to be a contributor vhiJe in said cUy-sennce and shall be Imovyn as a trans- ferred-contributor provided he executes and files toith the retirement board a statement in writing that he elects to leave with the annuity .savings fund his accumulated deductions and to continue to contribute to said fund at a rate of salary deduction not less than the rate of deduction theretofore required from his salary, and further provided that he shall tvaive and renounce any present or prospective hcnef}.t fror,i any other retirement system or association supported wholly or in part by the city of Netv York. J. Withdraicals from the retirement association shall be by resignation, by transfer, or by dismissal. 1. Should a contributor resign from the position by virtue of which he is a , contributor under the provisions of ' this act, or should he. upon transferring from, such a position to another position in the ciity-service, fail to become a transferred-contributor as provided in subdivision I of this act, his member- ship in the said retirement association shall cease and he shall be paid fortli- with the full amount of the accumulated deductions standing to the credit of his individual account in the annuity savings fund. 2. Should a- contributor be dismissed from the position by virtue of lehich he is a contributor uuder the pi-ovi\sions of this act. his membership in the retirement association shall cease and there shall be paid Mm forthwith: (a) Out of the annuity savings fund the full amount of the accumulated deductions standing to the credit of his individual account; and (b) In addition thereto, out of pension reserve fund number two, an amount equal to the contributions made by him to the teachers' retirement fund of the board of education of the city of New York as it exitsted prior to the first day of August, nineteen hundred severiteen. K. Retirement for service shall be as follon-s: 1. Any contributor may retire^ for service upon written application to the retirement board setting forth at what time subsequent to the execution of said application he desires to be retired. Said application shall retire said con- tributor at the time so specified, provided, (a) He has reached or passed the age of sixty-five years; or (b) If a present-teacher, he has a total-service of thirty-five years or more; or (c) If a new-entrant, he hcs a total-service of thirty-five years or more, at least twenty of which shall have been city-service. 2. Each and every contributor who has attained or shall attain the age of seventy years shall be retired by the retirement board for services forthwith or at the end of the school term in which said age of seventy years is attained. L. Retirement for disability shall be made and discontinued as follows: 1. Upon the application of the head of the department in which a contributor is employed, or upon the application of said contributor or of one acting in his behalf, the retirement board shall retire said contributor for disability, provided the medical board after a. medical examination of said contributor made at the place of residence of said contributor or at a place mutually agreed upon shall certify to the retirement board that said contributor is physically or mentally incapacitated for the performance of duty and that said contributor ought to be retired and provided further that said contributor has had ten or more years of city-service. 2. Once each year, the retirement board may require any disability pensioner while still under the age of sixty-five years to undergo medical examination by CIVIL SERVICE EETIBEMENT. 51 a physician or physicians designated by the medical hoard, said exammation „J^ T ^f ^'"'^^ "^ residence of said beneficiary or other place mutually agreed upon. Should the medical board, as the result of such examination, report an^ certify to the retirement board that such disability beneficiary is no longer physically or mentally incapacitated for the performance of duty, the head of the department to ivhich said beneficiary was employed at the time of his retirement shall, upon notification by the retirement board of such report of the medical board, reappoint said beneficiary to such a position as was held by and at such a rate of salary as was paid to, said beneficiary at the time of his retirement; but after the expiration of ten years subsequent to the retire- ment of such beneficiary, his restoration to duty, notwithstanding the recom- mendation of the medical board, shall be optional toith said head of department. 3. Should any disability beneficiary while under the age of sixty-five years refuse to submit to at least one medical examination in any year by a physi- sian or physicians designated by the medical board, his pension shall be discon- tinAied until the withdrawal of such refusal and should such refusal continue for one year, all his rights in and to the pension constituted by this act shall be forfeited. 4. Upon application of any beneficiary under the age of sixty-five years draw- ing a pension or a retirement allowance under the provisions of this act, ap- proved by the retirement board, said beneficiary may he restored to active service by the head of the department in ivhich said beneficiary teas employed at the time of his retirement. Upon the restoration of a beneficiary to active service his retirement allowance shall cease. M. A contributor, on retirement, shall receive a retirement allowance ivhich shall consist of: 1. A pension calculated as follows: (a) For disability retirement twenty per centum of his average salary. (b) For service retirement, or for disability retirement after he becomes eligible for service retirement, tiventy-five per centum of his average salary. (a)' If the contributor retiring is a present-teacher, he shall receive, in addi- tion to the pension prescribed in subdivisions (a) or (b) a pension computed at the rate of one-thirty-fifth of tiventy-five per centum of his average salary for each year of prior-service as certified to said present-teacher in the certifi- cate issued to him by the retirement board under the provisions of subdivision S of this act, but in no event shall the total pension exceed fifty per centum of his average salary. 2. An annuity, in addition to the pension, which shall be the actuarial equiva- lent of his accumulated deductions at the time of his retirement, provided that i/n no case shall such annuity be less for each one hundred dollars of accumu- lated deductions of a present-teacher at the time of retirement than is shown in the following schedule: Age at retirement. A nnuity in case of men teachers. Annuity in case of women teachers. iS tr.m 7. Si 7.49 7.65 7.8$ 8.00 8.19 8.39 8.61 8.84 9.09 9. SB 9.63 9.93 10.2s 10.60 10.96 ii.se 11.78 n.U lli.7% 13.25 13.81 S6.B2 49. ;:::;::::;:::;:;:: : 6.64 6.77 so SI. 6.90 SB 7.04 7.19 SS. S4 7. SB SS. 7.62 se 7.70 S7 7.89 SS 8.10 S9 8.31 go ' 8. 54 ei 8.79 Sg 9. OB es 9.33 ei 9.63 es 9.9B gg 10.30 gy 10.67 gS 11.06 gg 11.48 70 11.94 52 CIVIL SERVICE BETIBEMENT. N. Upon the death of a contributor before retirem,ent there shaU be paid to his estate or to such person as he shall have nominated by written designation duly executed arid filed with the retirement board (a) his accumulated deduc- tions; and in addition thereto (b) an amount equal to the salary earnable by him during the six months immediately preceding- his death, provided that at the time of his death he had attained the age of sixty-five years or had a total- service of thirty-five years and was eligible for service retirement; said amount to be paid out of the contingent reserve fund in the case of a new-entrant, and out of pension reserve fund number two in the case of a present-teacher. 0. At the time of his retirement any contributor may elect to receive his benefits in a retirement allowance payable throughout life or he may on retire- ment elect to receive the actuarial equivalent at that time of his armuity, his pension, or his retirement allowance in a lesser annuity, or a lesser pension, or a lesser retirement allowance, payable throughout life, with the provision that: Option I. // he die before he has received in payments the present value of his annuity, his pension, or his retirement allowance, as it was at the time of his retirement, the balance shall be paid to his legal representatives or to such per- son, having an insurable interest in his life, as he shall nominate by written designation duly acknowledged and filed vnth the retirement board at the time of his retirement. Option II. Upon his death, his annuity, his pension, or his retirement allow- ance, shall be continued throughout the life of and paid to such persons, hav- ing an insurable interest in his life, as he shall nominate by written designation duly acknowledged and filed with the retirement board at the time of his retire- ment. Option III. Upon his death, one-half of his annuity, his pension, or his retire- ment allowance, shall be continued throughout the life of and paid to such per- son, having an insurable interest in his life, as he shall nominate by written designation duly acknowledged and filed with the retirement board at the time of his retirement. Option IV. Some other benefit or benefits shall be paid either to the con- tributor or to such other perso-n or persons as he shall nominate, provided such other benefit or benefits together with such lesser annuity, or lesser pen- sion, or lesser retirement allowance shall be certified by the actuary of the retirement board to be of equivalent actuarial value and shall be approved by the retirement board. P. The pensions of all persons who are now receiving a pension paid out of the teachers' retirement fund of the Uoard of education of the city of New York shall not be increased or decreased, and all such pensions noiv due shall be paid forthivith and those hereafter becoming due shall be paid as they be- come due out of pension reserve fund number two. Q. A pension, an annuity or a retirement allowance, granted under the provi- sions of this act, shall be paid in equal monthly installments, and shall not be decreased, increased, revoked or repealed except as otherwise provided in sub- division L of this act. R. Subject to such terms and conditions and to such rules and regulations as the retirement board may adopt, any contributor from time to time may: (a) Increase or decrease his rate of contribution to the annuity savings fund, but in no event shall the contribtition of a present-teacher be less than the minimum contribtition, nor shall the contribution of a new-entrant be at a rate less than the per centum rate provided for said new-entrant in subdivision F-flve-b of this act; (b) If a present-teacher, withdraw from his individual account in the an- nuity savings fund the amount in excess of his minimum accumulation; (c) Withdraio, after having become eligible for service retirement, such part of his accumulated deductions as shall be in excess of the ainount necessary to procure for him an annuity which, if added to his prospective pension, will yield a retirement allowance of fifty per centum of his average salary; (d) Borrow from the retirement board, if a present-teacher and if the appli- cation is made prior to July first, nineteen hundred and twenty, on a policy of life insurance, a sum of money not exceeding the loan value of said policy as set forth in the body thereof, and at a rate of interest not exceeding five per centum per annum, provided that: 1. The applicant has a policy of life insurance in which he is designated as the assured and said policy is issued by a life insurance company permitted to transact business in the State of New York, and said policy is free from any CIVIL SEKVICE RETIREMENT. 53 liens or claims and is in full force and effect at the time of the making of the loan. 2. The applicant on securing the loan shall deposit said life insurance policy with the retirement hoard accompanied with an assignment of said policy to the retirement board; said assignment shall ?;e executed by the applicant and by all adult beneficiaries nam,ed in said policy. Should any of the beneficiaries named in said policy be infants, said retirement board shall not grant the loan until after it has made a careful investigation into the merits thereof and an order has been made ana entered by the supreme court directing such loan after due notice to such insurance com/pany. If, thereafter, the retirement board shall grant the loan, its action shall be binding on said infant bene- ficiaries with the same force and effect as if they were adult beneficaries and had executed the assignment required herein. 3. After said policy has been assigned to and deposited with the retirement board for the purposes herein stated, said policy shall not be assigned, trans- ferred, or disposed of, or changed in any of its terms mthout the written con- sent of the retirement board. 4. The retirement board shall notify the life insurance company carrying said policy of the assignment thereof and said assignm,ent shall be binding on said company. (e) // a present-teacher, retire upon ivritten application to the retirement board after he has completed thirty years of service upon a retirement alloiv- ance consistimg of (1) An annuity which shall be the actuarial equivalent of his accumulated deductions; and, in addition th.ereto, (2) Such pension as shall be certified by the actuary of the retirement board to have an actuarial value equivalent to the reserve which would be in the contingent reserve fund Imd the city contributed on account of such present- teacher from the date of Ms entrance itnto service, in such manner as is pro- vided for the city's contributions on behalf of new-entrants in subdivision P, paragraph two, of this act, the amount determined by the actuary of the retirement board to be necessary to provide for the death benefit and for the pension reserve required at the time of retirement to pay the pension allowable by the city as provided in this act. In determining the amount of the reserve the actuary of the retirement board shall base his calculations on the tables then in use as the basis for determining the rates of contribiMon required of the city on account of new-entrants. S. Teachers hereafter appointed in the schools or classes maintained in the institutions controlled by the department of public charities or by the depart- ment of correction, shall be appointed by the commissioner of the appropriate department upon the nomination of the city superintendent of schools and shall be licensed by the board of examiners of the department of education. The department of education through such representatives as it may designate shall maintain an effective -visitation and inspection of all such schools and classes. T. TAere shall be a medical board of three physicians constituted as folloivs: (a) One physician appointed to serve to August first, nineteen hundred and twenty-ttvo, who shall be appointed by the members of the retirement board loho are contribiitors. . , -, , ^ (b) One physician appointed to serve to August first, nineteen hundred and ttoenty-one, who shall be appointed by the members of the retirement board who are not contributors. . , ^ , (c) One physician appointed to serve to August first, nineteen hundred and twenty, who shall be appointed by the retirement board. Said physician shall be an expert in nrnmen's diseases and in diseases of the nervous system.. Their successors shall be appointed to serve for a term of three years; vacancies shall be filled for the unexpired term All appointments for a full term or for an unexpired term shall be made in the manner provided in this section for the original appointment. , „ , , ■ * + « U The retirement system a-eated by this act shall be subject to the super- vision of the department of insurance in accordance imth the provisions of sections thirty-nine and forty-five of the insurance law, so far as the same are amlicable thereto and are not inconsistent loith the provisions of this act. V If after Auqust first, nineteen hundred and seventeen, any present-teacher shah recover a judgment for arrears of salary covering in whole or vn part any period prior to said date, the comptroller of the city of New York before paying .said judgment shall deduct therefrom the per centum of salary thereto- 54 CIVIL SERVICE RETIREMENT. fore contributed hy said teacher to the retirement fund of the board of educa- tion, as it existed prior to said date, amd said deduction shall he paid into pension reserve fund number two. W. The right of a person to a pension, an annually, or a retirement allowance, to the return of contributions, the pension, annuity, or retirement allowance itself, any optional benefit, any other right accrued or accruing to any person under the provisions of this act, and the moneys in the various funds created under this act, are hereby exempt from any state or municipal tax, and exempt from levy and sale, garnishment, attachment, or any other process whatsoever, and shall be unassignable except as in this act specifically otherwise provided. [The general care and management of the public school teachers' retirement fund created for the former city of New York by chapter two hundred and ninety-six of the laws of eighteen hundred and ninety-four, and of the public school teachers' retirement fund created for the former city of Brooklyn, by chapter six hundred and fifty-six of the laws of eighteen hundred and ninety- five, is hereby given to the board of education, and the said funds are hereby made parts of the retirement fund of the board of education of the city of New York created by this act. The board of education shall from time to time, establish such rules and regulations for the administration of said fund as it may deem best, which rules and regulations shall preserve all rights inhering in the teachers of the city of New York and the city of Brooklyn as constituted prior to the passage of this act ; and said board shall make payments from said fund of annuities granted in pursuance of this act. The comptroller of the city of New York shall hold and invest all nioney belonging to said fund, and by direction of said board of education, shall pay out the same ; and he shall report in detail to the board of education of the city of New York, annually, in the month of January, the condition of said fund and the items of the receipts and disbursements on account of the same. The said retirement fund shall consist of the following, with the interest and income thereof: (1) All money, pay, compensation or salary, or any income thereof forfeited, deducted, reserved, or withheld for any cause from any member or members of the teaching or supervising stafE of the public day schools of the city of New York or of the normal college and training department of the normal college of the city of New York, or of schools or classes maintained in institutions controlled by the department of public charities or by the department of correction, in pursuance of rules established or to be established by the board of education, or by the board of trustees of the normal college of the city of New York, or by the com- missioner of public charities, or by the commissioner of correction for schools or classes maintained by such commissioners respectively. The auditor of the board of education, the auditor of the board of trustees of the normal college, the commissioner of public charities, and the commissioner of correction shall certify monthly to the comptroller the amounts so forfeited, deducted, reserved or withheld during the preceding month. Said amounts shall be turned into the said retirement fund. (2) All moneys received from donations, legacies, gifts, bequests, or otherwise for or on account of such fund. (3) Five per centum annually of all excise moneys or license fees belonging to the city of New York, and derived or received by any commissioner of excise or public ofiicer from the granting of licenses or permission to sell strong or spirituous liquors, ale, wine, or beer in the city of New York, under the provisions of any law of this state authorizing the granting of such license or permission. (4) One per centum of the salaries of all members of the teaching and supervising staff of the public day schools of the city of New York, and of the normal college and training department of the normal college of the city of New York, and of schools or classes maintained in institutions controlled by the department of public chari- ties or by the department of correction of the city of New York, except that the amount deducted from the salary of any teacher or principal of the public day schools of the city of New York or of schools or classes maintained in institu- tions controlled by the department of public charities or by the department of correction of the city of New York, in this manner, shall not exceed thirty dollars in any one year, and the amount deducted from the salary of any super- vising official, in this manner, shall not exceed forty dollars in any one year. And the board of education, the board of trustees of the normal college, the commissioner of public charities, and the commissioner of correction shall, after the passage of this act, deduct on each and evrey payroll of the said teaching and supervising staff said one per centum from each and every amount earn- able in the period covered by the said payroll, notwithstanding the minimum CIVIL SERVICE EETIEEMENT. 55 salaries provided for by section ten hundred and ninety-one of the charier shall be thereby reduced ,and shall certify monthly to the comptroller, the amounts so deducted ; and said amounts shall be turned into the said retire- ment fund. All deductions made under the provisions of this clause from the salary of any person who may be dismissed from the service for cause, before said person shall have become eligible for retirement, under the provisions of this act, shall be refunded to said preson upon such dismissal. (5) All such other methods of increment as may be duly and legally devised for the increase of said fund. The moneys standing to the credit of the retirement fund on the thirty-first day of December, nineteen hundred and four, after subtracting therefrom any amounts forfeited, deducted, reserved or vcithheld from salaries for absences prior to that date, which may, on excuse of absence, be refunded after that date, all excise moneys of nineteen hundred and four which may have been credited to said fund on or before that date, and all interest for nineteen hudred and four on said fund, which may have been credited to said fund on or before said date, shall be set apart by the comptroller as a permanent fund. The unexpended balances of the income of the teachers' retirement fund for the year nineteen hundred and five, and for all subsequent years shall be added to the said permanent fund. The comptroller shall invest the said permanent fund, and the income thereof may be used for the payment of annuities, but if necessary, in order to carry out the provisions of this act, the board of educa- tion may use any portion of the permanent fund in excess of eight hundred thousand dollars in the same manner as the income thereof. The president of the board of education, the chairman of the committee on elementary schools of said board, the chairman of the committee on high schools of said board, the city superintendent of schools, and three members to be selected from the prin- cipals, assistants to principals and teachers of the public day schools shall constitute a board of retirement. The three last-named members shall be chosen as follows : On the second Thursday of May in each year the principals, assistants to principals and teachers in each district shall meet at the call of the district superintendent, which call he shall issue at least one week before said meeting, and at a place within the district designed by him, to select by ballot one of their number as district representative to serve for one year. At the close of said meeting, the presiding officer shall transmit to the secretarty of the board of education the name and address of the district representative so chosen. The district representatives shall meet at four o'clock in the afternoon on the third Thursday of May at the hall of the board of education and choose by ballot one of their number to serve on the board of retirement for three years from the first day of the following June. At the first meeting of the dis- trict representatives after this law takes effect, they shall choose by ballot three of their number to serve on the board of retirement, and the three so chosen shall by lot fix and determine their terms of office as one, two, and three •years respectively. Should a vacancy occur among the members of the board of retirement so chosen, the district representative shall meet and choose by ballot one of their number to serve on the board of retirement for the unex- pired term On the recommendation of the board of retirement, said board of education shall have power, by a two-thirds vote of all its members, to retire any member of the teaching or supervising stafe of the public day schools of the city of New York, or of schools or classes maintained m institutions con- trolled by the department of public charities or by the department of correc- tion who is mentally or physically incapacitated for the performance of duty, and who has been engaged in the work of teaching or of school or college super- vision or of examination of teachers for licenses, or any two or more of these several kinds of work, for a period aggregating twenty years, fifteen of which shall have been in the public day schools in the city of New York, or in schools or classes maintained in institutions controlled by the department of public charities or by the department of correction. u ^ ^i. After the board of education may retire from active service any member of the said teaching or supervising sta|f who shall have attained the age of sixty-five years and shall have been engaged in the work of teaching or school super- vision for a period aggregating thirty years. On the recommendation of the board of retirement, the board of education shall have power by a two-thirds vote of all its members, to retire upon his or her own application any member of the teaching or supervising staff of the public day schools of t le r-m- of >ew York or of schools or classes maintained in institutions control1e .HO ee w 0)0 M OO Wf COM ceo coo inoi MO MCO COM OlOr Oi 00 COO lOOO MM tnOi -tji 1-1 Mi-H MM 1-- M Olt^ ^»0 OS O t^t- T-H t-- lOM CD^ ai '-H > > 1 CS > 01 ft C3 ft o g o 2 a ft ft || is i^ §7 II |: t, jj 4j ^ *j -iJ =: >« e ?2 S ^ 86 CIVIL SERVICE EBTIEEMENT. 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