Executive Order 10679—Withholding of Compensation of Certain Civilian Employees of the Army National Guard and the Air National Guard for State Employee Retirement System Purposes

By virtue of the authority vested in me by the act of June 15, 1956, 70 Stat. 283, and section 301 of title 3 of the United States Code, and as President of the United States, I hereby prescribe the following regulations governing agreements to be entered into between the Secretary of Defense and States or Territories, pursuant to the provisions of the said act of June 15, 1956, with respect to withholding of compensation of certain civilian employees of the Army National Guard and the Air National Guard for State or Territorial employee-retirement system purposes:

1. Such an agreement shall be entered into by the Secretary of Defense within one hundred and twenty days of the receipt of a request therefor by the Secretary from the Governor or any other proper official of any State or Territory: Provided, (a) that the law of such State or Territory provides for the payment of employee contributions to such State or Territorial employee-retirement systems by withholding sums from the compensation of such State or Territorial employees and making returns of such sums to officials of such State or Territory; (b) that civilian employees of the Army National Guard and the Air National Guard, other than those employed by the National Guard Bureau, are eligible for membership in a State or Territorial employee-retirement system; and (c) that each such agreement shall be consistent with the provisions of the said act of June 15, 1956, and of rules and regulations issued thereunder, and shall be subject to any amendments of the said act, including amendments occurring after the effective date of any such agreement.

2. Each such agreement (a) shall provide that the Secretary of the Army with respect to such employees of the Army National Guard, and the Secretary of the Air Force with respect to such employees of the Air National Guard, shall comply with the requirements of such State or Territorial law in the case of employees subject to the said act of June 15, 1956, who are eligible for membership in such retirement system for State or Territorial employees, (b) shall specify when the withholding of sums from the compensation of such State or Territorial employees shall commence, and

(c) shall provide for procedures for the withholding, the filing of the returns. and the payment of the sums withheld from compensation to the State or Territory which conform, so far as practicable, to the usual fiscal practices of the Department of the Army and the Department of the Air Force, respectively.

3. The Secretary of the Army with respect to Army National Guard employees, and the Secretary of the Air Force with respect to Air National Guard employees, shall designate, or provide for the designation of, the officers or employees whose duty it shall be to withhold sums from compensation, file required returns, and direct the payment of such sums withheld, in accordance with the terms of the agreements entered into between the Secretary of Defense and the States or Territories.

4. Nothing in this order, or in rules or regulations issued thereunder, or in any agreement entered into pursuant thereto, shall be construed as giving consent to the application of any provision of law of any State or Territory which has the effect of imposing more burdensome requirements upon the United States than it imposes upon the departments, agencies, or political subdivisions of the State or Territory concerned with respect to employees thereof who are members of the State or Territorial retirement system, or which has the effect of subjecting the United States or any of its officers or employees to any penalty or liability.

5. As used in this order, the term "employees" means civilian employees of the Army National Guard or Air National Guard of a State or Territory who are employed pursuant to section 709 of title 32 of the United States Code, and paid from Federal, appropriated funds.

6. I hereby delegate to the Secretary of Defense authority to prescribe such rules and regulations not inconsistent herewith as may be necessary to further effectuate the provisions of the said act of June 15, 1956, or of this order.

DWIGHT D. EISENHOWER

THE WHITE HOUSE,

September 20, 1956.