Executive Order 10774—Providing for the Protection of the Civil-Service Rights of Federal Personnel Who Transfer to the International Atomic Energy Agency

By virtue of the authority vested in me by section 1753 of the Revised Statutes of the United States (5 U.S.C. 631), the Civil Service Act (22 Stat. 403; 5 U.S.C. 632 et seq.), section 301 of title 3 of the United States Code, and section 6 (c) of the International Atomic Energy Agency Participation Act of 1957 (71 Stat. 455), and as President of the United States, it is ordered as follows:

SECTION 1. Subject to the restrictions and conditions set forth herein, the United States Civil Service Commission is designated and empowered to exercise the authority vested in the President by section 6 (c) of the International Atomic Energy Agency Participation Act of 1957 (hereinafter referred to as the Act) to prescribe such regulations as may be necessary to carry out the provisions of section 6 of the Act and to protect the retirement, insurance, and other civil-service rights and privileges of any Federal employee, Presidential appointee, or elected officer who enters the employ of the International Atomic Energy Agency (hereinafter referred to as the Agency) pursuant to the provisions of section 6 of the Act.

SEC. 2. Consistent with the provisions of section 6 of the Act and this order, and to the extent provided in regulations prescribed pursuant to section 1 of this order, a Federal employee, a Presidential appointee, or an elected officer who enters the employ of the Agency pursuant to section 6 of the Act after August 27, 1957, shall be entitled to the protection and benefit of the rights and privileges specified in the Act and of such other civil-service rights and privileges to which he would have been entitled had he continued his employment in his position in the Federal service.

SEC. 3. The regulations prescribed pursuant to section 1 of this order shall provide for the following protections and benefits:

(a) The retention by a Federal employee of coverage and all rights and benefits under the Civil Service Retirement Act, as amended, and the Federal Employees' Group Life Insurance Act of 1954, as amended, during the re-employment period in which the employee is properly exercising or could exercise the re-employment right provided by section 6 (a) of the Act. During such reemployment period, the employee shall be considered as on leave without pay for retirement and insurance purposes: Provided, that nothing in this subsection shall preclude the vesting of retirement or insurance coverage for a Federal employee, a Presidential appointee, or an elected officer in the event of his death during the first three consecutive years of his employment with the Agency or, in the case of a Federal employee, during the re-employment period referred to in this subsection.

(b) The entitlement of a Federal employee to the rate of basic compensation to which he would have been entitled had he remained in the Federal service when he is re-employed pursuant to section 6 (a) of the Act, and the entitlement of a Presidential appointee or an elected officer to such rate of basic compensation when he is re-employed in the Federal position which he left or one of like seniority, status, and pay within ninety days from the date of his separation from the Agency following a term of employment not extending beyond the first three consecutive years from the date of his entering the employ of the Agency.

(c) The entitlement of a Federal employee upon re-employment as prescribed in subsection (b) of this section, or of a Presidential appointee or an elected officer who is re-employed within ninety days from the date of his separation from the Agency following a term of employment not extending beyond the first three consecutive years from the date of his entering the employ of the Agency, to service credit for all appropriate civil-service purposes for the period commencing with his separation from his Federal position and ending with the termination of his service with the Agency, and, in the case of a Federal employee, for the additional period between the termination of his service with the Agency and his re-employment.

(d) The restoration of the sick-leave account of a Federal employee, a Presidential appointee, or an elected officer to its status at the time he left the Federal service if he is re-employed as prescribed in subsection (c) of this section.

(e) The right of appeal to the Civil Service Commission by any Federal employee who enters the employ of the Agency pursuant to section 6 (a) of the Act and who is denied re-employment. The decision of the Commission on the appeal shall be final, and the department or agency concerned shall take the action necessary to effectuate the decision of the Commission.

SEC. 4. Regulations prescribed pursuant to section 1 of this order need not be limited in their coverage and application to the protections and benefits set forth herein.

SEC. 5. Prior to the re-employment of a Federal employee pursuant to section 6 (a) of the Act and during the employment of a Presidential appointee or an elected officer pursuant to section 6 (b) of the Act, all computations under section 6 of the Act, this order, or regulations prescribed pursuant to section 1 of this order shall be made in the same manner as they would have been if the rate of basic compensation received by the Federal employee, Presidential appointee, or elected officer concerned on the last day of his Federal service had continued without change.

DWIGHT D. EISENHOWER

THE WHITE HOUSE,

July 25, 1958.