Page images
PDF
EPUB

U. S. C. 5: 736b

U. S. C. 5: 691, note

who is eligible for and receives retired pay on account of a service-
connected disability incurred in combat with an enemy of the United
States or resulting from an explosion of an instrument of war, the
period of the military service shall be included: Provided, That an
officer or employee must have served for a total period of not less than
five years exclusive of such military or naval service before he shall be
eligible for annuity under this Act. Nothing in this Act shall be con-
strued as to affect in any manner an officer's or employee's right to
retired pay, pension, or compensation in addition to the annuity herein
provided.

SEC. 9. Section 9 of the Act of May 29, 1930, as amended, is amended Amended June to read as follows:

"SEC. 9. Each officer or employee within the purview of this Act shall deposit, with interest at 4 per centum per annum to December 31, 1947, and 3 per centum per annum thereafter, compounded on December 31 of each year, to the credit of the 'civil-service retirement and disability fund' a sum equal to 22 per centum of his basic salary, pay, or compensation received for services rendered after July 31, 1920, and prior to July 1, 1926; 32 per centum of the basic salary, pay, or compensa. tion for services rendered from and after July 1, 1926, and prior to July 1, 1942; 5 per centum of said basic pay, salary, or compensation for services rendered from and after July 1, 1942, and prior to the first day of the first pay period which begins after June 30, 1948, and also 6 per centum thereafter, covering service during which no deductions were withheld for deposit in the said fund. Such interest shall not be required for any period during which the officer or employee is separated from the service. Each such officer or employee may elect to make such deposits in installments during the continuance of his service in such amounts and under such conditions as may be determined in each instance by the Civil Service Commission. The amount so deposited shall be credited to the individual account of the officer or employee in the said fund. Notwithstanding the failure of an officer or employee to make such deposit, credit shall be allowed for the service rendered, but the annuity of such employee shall be reduced by an amount equal to 10 per centum of the amount of such deposit, unless the officer or employee shall elect to eliminate such service entirely from credit under this Act: Provided, That no deposit shall be required for any service rendered prior to August 1, 1920, or for periods of honorable service in the Army, Navy, Marine Corps, or Coast Guard of the United States."

[blocks in formation]

SEC. 15. Except as otherwise provided herein, this Act shall become effective on the first day of the second month following the month of approval.

Approved February 28, 1948.

24. 1949.63 Stat. 266

October 10,

1949, 63 Stat. 737-738

[PUBLIC LAW 342-81ST CONGRESS]

[CHAPTER 661-1ST SESSION]

[H. R. 4767]

AN ACT

To clarify the active-duty status of certain officers of the Army of the United
States and the Air Force of the United States, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all periods of service of any officer of the Army of the United States or the Air Force of the United States who was called or recalled to active duty in the armed forces of the United States between April 1, 1944, and May 1, 1948, for medical observation or treatment, physical evaluation, or retiring-board proceedings for the purpose of determining the eligibility of such officer to receive disability or retirement pay benefits shall be, and hereby are, deemed to be active duty in the armed forces of the United States to the same extent as though such officer had been called or recalled to active duty without limitation as to purpose, and such officer shall be entitled to credit such service performed prior to May 1, 1948, for all purposes.

SEC. 2. Any officer of the Army of the United States or the Air Force of the United States who was admitted into a service hospital while on terminal leave prior to October 1, 1947, who reverted to inactive status prior to release from such hospitalization, and who has not subsequently been retired or certified to the Veterans' Administration for retirement benefits, shall be deemed to have been on active duty, for all purposes, until the date of the release from such hospitalization: Provided, That such an officer or his estate apply for the benefits of this section within two years from the date of enactment of this Act, and such application is approved by the cognizant Secretary: And provided further, That in the case of a person whose application for the benefits of this Act is approved, the amount of any monetary benefits received by him or his estate for any period prior to release from such hospitalization under any provisions of law providing benefits for disability or death incident to the service, shall be deducted from the monetary benefits provided for herein. Approved October 10, 1949.

[blocks in formation]

April 17, 1950

[PUBLIC LAW 473-81ST CONGRESS]
[CHAPTER 89-2D SESSION]

[S. 2559]

AN ACT

To authorize the extension of officers' retirement benefits to certain persons who while serving as enlisted men in the Army of the United States during World War II were given battlefield promotions to officer grade and were incapacitated for active service as a result of enemy action.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That any person who while serving on active duty as an enlisted man in the Army of the United States at any time during the period between December 7, 1941, and September 2, 1945

(1) was appointed or recommended by his commanding officer or superior military authority for a battlefield appointment as a commissioned officer in the Army of the United States;

(2) while performing the duties of a commissioned officer, was injured in line of duty incident to combat with the enemy; and who, subsequent to being so injured as a result of that appointment or recommendation was ordered to active duty as a commissioned officer in the Army of the United States, or the Air Force of the United States, shall be considered to have been serving on active duty as a commissioned officer when so injured, for the purpose of determining entitlement to physical disability retirement benefits in effect at the time he was relieved from active duty: Provided, That the provisions of section 411 of the Career Compensation Act of 1949 (Public Law 351, Eighty-first Congress) shall apply to persons qualified for retirement benefits under this Act: Provided further, That nothing contained in this Act shall preclude persons entitled to retirement benefits under the provisions of this Act from computing their retirement pay in accordance with the disability retirement laws in effect prior to the effective date of the Career Compensation Act of 1949.

SEC. 2. No additional or back pay or allowances for any period prior to the date of enactment hereof shall accrue to any person solely by

reason of the enactment of this Act.

Approved April 17, 1950.

SERVICE

« PreviousContinue »