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AGE LIMITS FOR APPLICANTS FOR UNITED STATES CIVIL

SERVICE EXAMINATIONS

MONDAY, AUGUST 9, 1937

HOUSE OF REPRESENTATIVES,
COMMITTEE ON THE CIVIL SERVICE,

Washington, D. C.

The committee this day met at 10:40 a. m., Hon. Robert Ramspeck, chairman, presiding, for consideration of S. 714, H. R. 7400, H. R. 4658, H. R. 5173, and H. R. 8048, which read as follows:

[S. 714, 75th Cong., 1st sess.]

AN ACT Relating to the eligibility of certain persons for admission to the civil service

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That notwithstanding any provision of the civilservice laws or any rule or regulation made or promulgated thereunder prescribing a maximum age limit for persons seeking admission into the classified civil service of the United States, hereafter no candidate for such admission, who is otherwise duly qualified for examination or appointment as provided by law, shall be held ineligible for such examination or appointment solely by reason of his having attained the maximum age so prescribed. Any applicant admitted to any examination under the provisions of this Act who passes such an examination and who is later appointed to a position in the classified civil service and who by reason of his age at the time of appointment may not serve a minimum of fifteen years before he shall reach the retirement age for his group shall not be eligible for admission to or participation in the retirement benefits as provided in the Civil Service Retirement Act of 1930, as amended.

Passed the Senate June 15 (calendar day, June 29), 1937.
Attest:

EDWIN A. HALSEY,

Secretary.

[H. R. 7400, 75th Cong., 1st sess.]

indirectly under the United States

A BILL To prohibit discrimination against anyone under sixty years of age in employment directly and

f

Be it enacted by the Senate and House of Representatives of the United States o America in Congress assembled, That notwithstanding any provision of law or regulation to the contrary, no department or establishment of the United States or the District of Columbia shall make or enforce any rule or regulation prohibiting any person from civilian employment (whether under Civil Service or not) under sixty years of age who can or has met all other requirements.

[H. R. 4658, 75th Cong., 1st sess.]

A BILL Relating to the eligibility of certain persons for admission to the civil service Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That notwithstanding any provision of the civilservice laws or any rule or regulation made or promulgated thereunder prescribing a maximum age limit for persons seeking admission into the classified civil service

1

of the United States, hereafter no candidate for such admission, who is otherwise duly qualified for examination or appointment as provided by law, shall be held ineligible for such examination or appointment solely by reason of his having attained the maximum age so prescribed. The provisions of the Civil Service Retirement Act of 1930, as amended, shall not apply to any person admitted to the classified civil service by reason of this Act.

[H. R. 5173, 75th Cong., 1st sess.]

A BILL To prohibit discrimination on account of maximum age in employment directly and indirectly under the United States

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, notwithstanding any provision of law or regulation to the contrary, no department or establishment of the United States or the District of Columbia will make or enforce any rule or regulation which would bar any person from civilian employment (whether under the Civil Service Act or not) solely because of the maximum age of such person.

[H. R. 8048, 75th Cong., 1st sess.]

A BILL Relating to the eligibility of certain persons for admission to the civil service

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That notwithstanding any provision of the civilservice laws or any rule or regulation made or promulgated thereunder prescribing a maximum age limit for persons seeking admission into the classified civil service of the United States, hereafter no candidate for such admission, who is otherwise duly qualified for examination or appointment as provided by law, shall be held ineligible for such examination or appointment solely by reason of his having attained the maximum age so prescribed. Any applicant admitted to any examination under the provisions of this Act who passes such an examination and who is later appointed to a position in the classified civil service and who by reason of his age at the time of appointment may not serve a minimum of fifteen years before he shall reach the retirement age for his group shall not be eligible for admission to or participation in the retirement benefits as provided in the Civil Service Retirement Act of 1930, as amended.

STATEMENT OF HON. EDWARD L. O'NEILL, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF NEW JERSEY

The CHAIRMAN. The committee will please be in order.

Mr. O'NEILL. I should like to put into the record a statement by Senator Moore, of New Jersey, who had expected to be here this morning, but who is unavoidably detained.

The CHAIRMAN. We shall be glad to have the statement made a part of the record. Would you, Mr. O'Neill, care to make a statement at this time?

Mr. O'NEILL. Yes. The provisions of the bill are quite simple. As I understand, at the present time there is nothing in the civilservice laws prescribing any age limits for those who may take civilservice examinations. That is merely a matter of regulation by the Civil Service Commission. The purpose of the bill is to provide that notwithstanding any provision of the civil-service laws or any rule or regulation made or promulgated thereunder prescribing a maximum age limit for persons seeking admission into the classified civil service of the United States, hereafter no candidate for such admission, who is otherwise duly qualified for examination or appointment as provided by law, shall be held ineligible for such examination or appointment solely by reason of his having attained the maximum age so

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