Executive Order 10826—Authorizing the Civil Service Commission To Confer Benefits in Certain Cases

By virtue of the authority vested in me by section 2 of the Civil Service Act (22 Stat. 403) and section 1753 of the Revised Statutes of the United States (5 U.S.C. 631), and as President of the United States, it is hereby ordered as follows:

SECTION 1. Whenever a Federal employee or former Federal employee has met the requirements of an Executive order (heretofore or hereafter issued) which provides a benefit for Federal employees but has become ineligible to receive such benefit solely because of the failure of an administrative agency, because of error or oversight, to make a timely determination or recommendation required by the Executive order, the Civil Service Commission may, to avoid inequity in individual cases, confer such benefit upon the employee or former employee: Provided, that the Civil Service Commission may confer such benefit only upon the making of the required determination or recommendation by the agency in which the employee or former employee is employed or is to be employed; and no action taken by the Commission under this order shall be effective prior to the date on which the action is taken.

SEC. 2. The grant of a benefit under section 1 of this order shall not entitle any person to appeal a reduction-in-force or other personnel action made effective prior to the date on which the agency concerned is notified that such person has been granted a benefit under this order.

SEC. 3. Executive Order No. 10535 of June 9, 1954, is hereby revoked.

DWIGHT D. EISENHOWER

THE WHITE HOUSE,

June 25, 1959.