Denying Civil Service Benefits and Other Federal Benefits to Certain Persons: Hearing, Eighty-third Congress, Second Session, on H.R. 1239 ... June 22, 1954

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Page 6 - ... presumption is that such a law is not intended to create private contractual or vested rights, but merely declares a policy to be pursued until the Legislature shall ordain otherwise. He who asserts the creation of a contract with the state in such a case has the burden of overcoming the presumption. If, upon a construction of the statute, it is found that the payments are gratuities, involving no agreement of the parties, the grant of them creates no vested right.
Page 6 - The direction of the state that the fund should be one for the benefit of the police officer or his representative, under certain conditions, was subject to change or revocation at any time, at the will of the legislature. There was no contract on the part of the state that its disposition should always continue as originally provided. Until the particular event should happen upon which the money, or a part of it, was to be paid, there was no vested right in the officer to such payment. His interest...
Page 11 - Every person who having been summoned as a witness by the authority of either House of Congress to give testimony or to produce papers upon any matter under inquiry before either House...
Page 5 - ... opinions to sustain them, establish the rule that vested rights cannot be destroyed, divested, or impaired by direct legislation. But while this is true, it is also true that the rule has no application in the case of congressional gratuities or things of that nature, such as bounties or pensions, for they involve no agreement of parties, and the grant of them creates no vested rights. And so it has been said that benefits conferred by gratuities may be redistributed or withdrawn at any time...
Page 25 - I ask that that letter also be included in the record. (The letter referred to is as follows:) UNITED STATES SENATE, COMMITTEE ON APPROPRIATIONS, May 5, 1949.
Page 21 - RESOLVED, that the National Executive Committee of the American Legion...
Page 5 - ... filed shortly before or at any time after the employee reaches the requisite retirement age, but such application should not be filed more than 30 days in advance of reaching retirement age. In cases of optional retirement, the application must be executed before the actual date of separation. (b) An application for immediate or deferred annuity on account of voluntary or involuntary separation from the service will not be considered if filed before the employee's separation. (c) An application...
Page 5 - [T]he law is clear that even where, as here, there has been compulsory contribution to a retirement or pension fund, the employee has no vested right in it until the particular event happens upon which the money or part of it is to be paid * * * [citing Pennie v. Reis, 132 US 464, which] holds that until the pension or retirement pay is due, the employee's right thereto is not contractual but '* * * a mere expectancy created by the law, and liable to be revoked or destroyed by the same authority.
Page 11 - ... provided for in the Fifth Amendment. House Report 2488, 83d Cong., 2d sess., declaring the purpose of Public Law 769 reads: "The purpose of this legislation is to prohibit Federal annuities or retired pay to persons who commit offenses which in effect constitute breaches of faith in matters involving (1) the improper use of their authority, power, influence, or privileges as officers or employees of the United States or of the municipal government of the District of Columbia, or (2) the violation...
Page 2 - Code) which is a felony under the laws of the United States or of the District of Columbia (A) committed in the exercise of his authority, influence, power, or privileges as an officer or employee of the Government...

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