United States v. Oren E. Cummins

This is an appeal from a judgment granting appellee $760.00 in retirement benefits allegedly due him under the provisions of 5 U.S.C.A. § 691 (d). The district court’s jurisdiction is based on 28 U.S.C. § 1346 (a) (2). Timely appeal was taken, and this Court’s jurisdiction rests on 28 U.S.C. § 1291 .

I — Facts

On October 18, 1954, appellee made application for retirement under former § 1(d) of the Civil Service Retirement Act, 5 U.S.C.A. § 691 (d). Appellee had satisfied the length of service and age-requirements for such retirement by his service from March 26, 1928 to November 30, 1954 as an Internal Revenue-Agent. Since shortly after he commenced his said duties, he was assigned to the “Fraud Group” with the duty of making joint investigations with Special-Agents of the Internal Revenue Service Intelligence Unit, of suspected violations of the criminal provisions of the Internal Revenue Code.

Former § 1(d) of the Civil Service Retirement Act of 1930, as amended ( 5 U.S.C.A. § 691 (d), provided as follows on November 30, 1954:

Thus the statute required, besides the hazardous duty for twenty years and the attainment of fifty years of age: (1) the employee’s application; (2)…