CCC and civil service, plus a jurisdictional dispute

FCW.com's Ask Milt column deals with Civilian Conservation Corps and a sensitive legal matter

A Reader Writes:

I'm writing on behalf of my father. He has a question regarding civil service credit for his time in the Civilian Conservation Corps (CCC).

He entered CCC on April 13, 1933, and served as a first sergeant (senior foreman) for about eight years until he was appointed to attend subaltern training school during the spring of 1941. He completed this training and was appointed as a subaltern (under civil service) immediately after graduating (1941). He was then in the Navy Seabees for a couple years and then entered civil service, from which he retired in 1973.

He references a book by Kathy Mays Smith, "Gold Medal CCC Company 1538: A Documentary" (Turner Publishing Co., Paducah, Ky., 2001), which states that "enrollees who went directly into federal work were able to count the CCC time toward their retirement."

Office of Personnel Management records show him entering civil service as a subaltern, CAF-4. We have written to the OPM Retirement Operations Center, and they say his service in CCC cannot count toward his civil service retirement. Is there anyone else we can contact to find out if this is correct?

Milt Replies:

Not really, as OPM is the final word on such matters. You might contact the author of the book and ask where she got her information. If you are given solid information, you can go back to OPM with it. You can also hire/consult an attorney to represent you and possibly file suit.

In addition, here are some links online that might provide further insight:

Truman administration executive order authorizing the Office of Personnel Management to confer a competitive civil service status upon certain groups of employees.

Social Security case regarding coverage of work for U.S. instrumentalities — employees of the Civilian Conservation Corps

A Reader Writes:

I am a teacher who recently was terrorized and physically assaulted by the principal in a Department of Defense Education Activity school. A police report was filed and he was served a temporary restraining order.

A U.S. attorney has come to his defense and is arguing that his removal from the workplace according to the temporary restraining order will harm school operations and that he was acting in his capacity as a school principal.

He committed a crime of violence toward me in front of school children. Why is the U.S. attorney getting involved? Why isn't the U.S. attorney protecting the interests of the students and the teachers rather than the criminal who did the crime?

Milt Replies:

This may be a jurisdictional issue with DOD and the U.S. attorney, contending that a civilian judge doesn't have the right to issue such an order. It's hard for me to say without all the facts, In the meantime, make sure you contact your Equal Employment Office counselor.

A Reader Writes:

I am a 27-year employee under the Civil Service Retirement System, and I carry single coverage health insurance because my wife has her own plan through a school department.

If I was to die before I retire and only have health insurance coverage for myself, would my spouse be eligible to pick up health coverage under my annuity?

Milt Replies:

No.

Zall is a retired federal employee who since 1987 has written the Bureaucratus column for Federal Computer Week. He can be reached at milt.zall@verizon.net.

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