United States Code

of which has been occasioned by delay in receipt of evidence of death, shall not be subject to collection from the allottee or charged against the pay of the deceased person. The head of the department concerned, or such subordinate as he may designate, may waive the recovery of erroneous payments or overpayments of allotments to dependents when recovery is deemed to be against equity and good conscience. In the settlement of the accounts of any disbursing officer credit shall be allowed for any erroneous payment or overpayment made by him in carrying out the provisions of this Act [sections 1001-1012 and 1013-1016 of this Appendix], except sections 13, 16, 17, and 18 [sections 1013 and 1016, and former sections 1017, 1018 of this Appendix), in the absence of fraud or criminality on the part of the disbursing officer involved, and no recovery shall be made from any officer or employee authorizing any payment under such provisions in the absence of fraud or criminality on his part.

(b) A dependent of any person in active service, as defined by this Act [sections 1001-1012 and 1013-1016 of this Appendix], is a "person" under this Act [sections 1001-1012 and 1013-1016 of this Appendix], for the sole purpose of determining status as provided in sections 5 and 9 [sections 1005 and 1009 of this Appendix], and any determination under those sections by the head of the department concerned shall be conclusive on all other departments of the Government: Provided, That nothing in this section shall be construed as conferring upon any dependent any right to pay, allowances or other compensation to which not otherwise entitled. (Mar. 7, 1942, ch. 166, § 9, 56 Stat. 145; July 1, 1944, ch. 371, 5, 58 Stat. 680; Apr. 4, 1953, ch. 17, § 1(c), 67 Stat. 21; Aug. 29, 1957, Pub. L. 85-217, § 1(c), 71 Stat. 492.)

REFERENCES IN TEXT

Section 18, referred to in the text and formerly classified to section 1018 of this Appendix, was repealed by act June 16, 1942, ch. 413, § 19, 56 Stat. 369, eff. June 1, 1942.

AMENDMENTS

1957-Subsec. (a). Pub. L. 85-217 designated as subsec. (a) what had formerly been the entire section.

Subsec. (b). Pub. L. 85-217 added subsec. (b). 1953-Act Apr. 4, 1953, substituted "in the hands of a hostile force" for "in the hands of an enemy" and "such hostile force" for "such enemy." This change had previously been effected by the 1952 amendment to this section but amending act of 1952 was repealed. See "Repeal of Prior Acts Continuing Section" note.

1944 Act July 1, 1944, amended section generally.

EFFECTIVE DATE OF 1957 AMENDMENT Amendment of this section by Pub. L. 85-217 effective August 29, 1957, see section 2 of Pub. L. 85-217, set out as a note under section 1002 of this Appendix.

PRIOR CONTINUATION

Joint Res. Mar. 31, 1953, ch. 13, § 1, 67 Stat. 18, amended Joint Res. July 3, 1952, ch. 570, 66 Stat. 332, to extend the time limitation on the effectiveness of the provisions of this section from April 1, 1953, to July 1, 1953.

REPEAL OF PRIOR ACTS CONTINUING SECTION Section 1 (a) (7) of Joint Res. July 3, 1952, ch. 570, 66 Stat. 331, as amended Mar. 31, 1953, ch. 13, § 1, 67 Stat. 18, which continued the provisions of this section until July 1, 1953, was repealed by section 2 of Joint Res. Apr. 4. 1953, ch. 17, 67 Stat. 21, with the provision that rights accrued, liabilities incurred or actions taken under Joint Res. July 3, 1952, should not be affected.

Section 6 of Joint Res. July 3, 1952, repealed Joint Res. Apr. 14, 1952, ch. 204, 66 Stat. 54, as amended by Joint

Res. May 28, 1952, ch. 339, 66 Stat. 96; Joint Res. June 14, 1952, ch. 437, 66 Stat. 137; Joint Res. June 30, 1952, ch. 526, 66 Stat. 296, which continued provisions until July 3, 1952. This repeal took effect as of June 16, 1952, by section 7 of Joint Res. July 3, 1952.

APPLICATION OF SECTION TO UNIVERSAL MILITARY TRAINING AND SERVICE ACT

Section as applicable to inductees under the Universal Military Training and Service Act, sections 451, 453, 454, 455, 456 and 458-471 of this Appendix, see note preceding section 1001 of this Appendix.

§ 1010. Same; fact of dependency; authority to determine; conclusiveness.

The determination of the fact of dependency under the provisions of this Act [sections 10011012 and 1013-1016 of this Appendix], the determination of the fact of dependency for the purpose of payment of all six months' death gratuities as authorized by law, and the determination of the fact of dependency under the provisions of any and all other laws providing for the payment of pay, allowances, or other emoluments to enlisted personnel in the Army, Navy, Air Force, Marine Corps, and Coast Guard of the United States where such payments are contingent upon dependency, shall be made by the head of the department concerned, or by such subordinate as he may designate, and any such determination so made shall be final and conclusive. (Mar. 7, 1942, ch. 166, § 10, 56 Stat. 145; July 1, 1944, ch. 371, § 6, 58 Stat. 681; Aug. 14, 1964, Pub. L. 88-428, § 1(7), 78 Stat. 437.)

AMENDMENTS

1964 Pub. L. 88-428 included enlisted personnel in the Air Force.

1944 Act July 1, 1944, inserted "the determination of the fact of dependency for the purpose of payment of all six months' death gratuities as authorized by law", and substituting "personnel" for "men" following "enlisted."

PRIOR CONTINUATION

REPEAL OF PRIOR ACTS CONTINUING SECTION Section 1 (a) (7) of Joint Res. July 3, 1952, ch. 570, 66 Stat. 331, as amended Mar. 31, 1953, ch. 13, § 1, 67 Stat. 18, which continued the provisions of this section until July 1, 1953, was repealed by section 2 of Joint Res. Apr. 4, 1953, ch. 17, 67 Stat. 21, with the provision that rights accrued, liabilities incurred or actions taken under Joint Res. July 3, 1952, should not be affected.

Section 6 of Joint Res. July 3, 1952, repealed Joint Res. Apr. 14, 1952, ch. 204, 66 Stat. 54, as amended by Joint Res. May 28, 1952, ch. 339, 66 Stat. 96; Joint Res. June 14, 1952, ch. 437, 66 Stat. 137; Joint Res. June 30, 1952, ch. 526, 66 Stat. 296, which continued provisions until July 3, 1952. This repeal took effect as of June 16, 1952, by section 7 of Joint Res. July 3, 1952.

TRANSFER OF FUNCTIONS

All functions of all officers of the Department of the Treasury, and all functions of all agencies and employees of that Department, were transferred, with certain exceptions, to the Secretary of the Treasury, with power vested in him to authorize their performance or the performance of any of his functions, by any of those officers, agencies, and employees, by 1950 Reorg. Plan No. 26, §§ 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out as a note under section 241 of Title 5, Executive Departments and Government Officers and Employees. The Coast Guard, referred to in this section, is generally a service in the Treasury Department, but that Plan excepted, from the transfer, the functions of the Coast Guard, and of the Commandant thereof, when the

Coast Guard is operating as a part of the Navy under sections 1 and 3 of Title 14, Coast Guard.

AIR FORCE

For transfer of certain functions relating to soldiers' deposits, allotments of pay, life insurance and matters incident thereto, and certain functions relating to finance and fiscal matters, insofar as they pertain to the Air Force, from the Secretary of the Army and Department of the Army to the Secretary of the Air Force and Department of the Air Force, see Secretary of Defense Transfer Order Nos. 24 [§ 1f], Oct. 11, 1948; 25 [§ 1sss], Oct. 14, 1948; and 40 [App. B (142)], July 22, 1949.

APPLICATION OF SECTION TO UNIVERSAL MILITARY TRAINING AND SERVICE ACT

§ 1011. Settlement of accounts.

The head of the department concerned, or such person as he may designate, is authorized to settle the accounts of persons for whose account payments have been made pursuant to the provisions of sections 2 to 7, both inclusive, of this Act [sections 1002-1007 of this Appendix], and the accounts of survivors of casualties to ships, stations and military installations which result in loss or destruction of disbursing records, and such settlements shall be conclusive upon the accounting officers of the Government in effecting settlements of the accounts of disbursing officers. (Mar. 7, 1942, ch. 166, § 11, 56 Stat. 146.)

CONTINUATION

REPEAL OF PRIOR ACTS CONTINUING SECTION Section 1(a) (7) of Joint Res. July 3, 1952, ch. 570, 66 Stat. 331, as amended Mar. 31, 1953, ch. 13, § 1, 67 Stat. 18, which continued the provisions of this section until July 1, 1953, was repealed by section 2 of Joint Res. Apr. 4, 1953, ch. 17, 67 Stat. 21, with the provision that rights accrued, liabilities incurred or actions taken under Joint Res. July 3, 1952, should not be affected.

§ 1012. Moving dependents and effects of persons dead, injured, missing, or captured; sale of motor vehicles and other bulky items; claims for proceeds; appropriations chargeable with cost. The dependents and household and personal effects of any person in active service (without regard to pay grade) who is officially reported as dead, injured, absent for a period of thirty days or more in any status listed in section 2 of this Act Isection 1002 of this Appendix], may be moved (including packing, crating, drayage, temporary storage, and unpacking of household and personal effects) to the official residence of record for any such person or to the resi

dence of his dependent, next of kin, or other person entitled to receive custody of the effects in accordance with regulations issued by the head of the department concerned; or, upon application by such dependent, next of kin, or other person, or upon the person's application if injured, to such other location as may be determined in advance or subsequently approved by the head of the department concerned or by such person as he may designate. When the head of the department concerned determines that an emergency exists and that such sale would be in the best interests of the Government, he may provide for the disposition of the motor vehicles and other bulky items of such household and personal effects of the person by public or private sale. Prior to any such sale, and if practicable, a reasonable effort shall be made to determine the desires of the interested persons. The net proceeds received from such sale shall be transmitted to the owner or to other persons in accordance with regulations issued by head of the department concerned; but if there be no such persons or if such persons or their addresses are not ascertainable within one year from the date of sale, the net proceeds may be covered into the Treasury as miscellaneous receipts. Claims for net proceeds which are covered into the Treasury under the authority of this section may be filed with the General Accounting Office by the rightful owners, their heirs or next of kin, or their legal representatives at any time prior to the expiration of five years from the date the proceeds are covered into the Treasury; and, if so filed, the General Accounting Office shall allow or disallow the claim. When such claim is allowed it shall be paid from the appropriation for refunding moneys erroneously received and covered. If claims are not filed prior to the expiration of five years from the date the proceeds are covered into the Treasury, they shall be barred from being acted on by the courts or the General Accounting Office. The provisions of this section do not amend or repeal the Federal Tort Claims Act (60 Stat. 842-847), as amended; sections 2575, 2733, 4712, 4713, 6522, 9712, 9713, title 10, United States Code; or section 507, title 14, United States Code. The head of the department concerned is authorized to store the household and personal effects of the person until such time as proper disposition can be made. The cost of such storage and transportation, including packing, crating, drayage, temporary storage, and unpacking of household and personal effects, shall be charged against appropriations currently available. In lieu of transportation authorized by this section for dependents, the head of the department concerned may authorize the payment in money of amounts equal to such commercial transportation costs or a monetary allowance in lieu of transportation as authorized by law for the whole or such part of travel for which transportation in kind is not furnished, when such travel shall have been completed. When the person is in an "injured" status, the movement of dependents or household and personal effects provided for herein may be authorized only in cases where the anticipated period of hospitalization or treatment will be of prolonged duration. No transportation shall be authorized pursuant to this section upon

application by dependents unless a reasonable relationship exists between the condition and circumstances of the dependents and the destination to which transportation is requested. Beginning June 25, 1950, and for the purposes of this section only, the terms "household and personal effects" and "household effects" may include, in addition to other authorized weight allowances, not to exceed one privately owned motor vehicle, shipment of which at Government expense is authorized in those cases where the vehicle is located outside the continental limits of the United States or in Alaska." (Mar. 7, 1942, ch. 166, § 12, 56 Stat. 146; Feb. 12, 1946, ch. 6, § 1 (a), 60 Stat. 5; Aug. 29, 1951, ch. 356, § 1, 65 Stat. 207; Apr. 4, 1953, ch. 17, § 1(a), 67 Stat. 21; Aug. 29, 1957, Pub. L. 85-217, 1(d), 71 Stat. 492; Aug. 14, 1964, Pub. L. 88-428, § 1(8), 78 Stat. 437.) REFERENCES IN TEXT

The Federal Tort Claims Act, referred to in the text, is olassified to sections 1346(b) and 2671 et seq. of Title 28, Judiciary and Judicial Procedure.

AMENDMENTS

1964-Pub. L. 88-428 substituted "absent for a period of thirty days or more in any status listed in section 2 of this Act" for "missing for a period of thirty days or more, interned in a foreign county, or captured by a hostile force."

1957-Pub. L. 85-217 permitted dependents and household and personal effects to be moved in accordance with regulations issued by the head of the department concerned, authorized sale of motor vehicles and other bulky items of household and personal effects when an emergency exists or when a sale would be in the best interests of the Government, and allowed payment of cost of storage.

1953-Act Apr. 4, 1953, substituted "interned in a foreign country, or captured by a hostile force" for "interned in a neutral country, or captured by the enemy". This change had previously been effected by the 1952 amendment to this section but amending act of 1952 was repealed. See "Repeal of Prior Acts Continuing Section" note.

1951-Act Aug. 29, 1951, made it clear that dependents of injured, deceased, and missing personnel, including nonmilitary personnel, shall be provided for, even though such injury, death or disappearance did not result specifically from military or naval operations, provided specific authority to furnish transportation of dependents of nonmilitary personnel without repard to pay grade, required that persons must be in a status of "missing" for a period of 30 days or more, and inserted provisions contained in fourth, fifth and sixth sentences.

1946-Act Feb. 12, 1946, inserted former second proviso, the provisions of which now constitute the third sentence.

EFFECTIVE DATE OF 1957 AMENDMENT Amendment of this section by Pub. L. 85-217 as effective August 29, 1957, see section 2 of Pub. L. 85-217, set out as a note under section 1002 of this Appendix.

EFFECTIVE DATE OF 1946 AMENDMENT

Section 1 (b) of act Feb. 12, 1946, provided that the amendment of section by section 1 (a) of act Feb. 12, 1946, shall take effect as of Sept. 8, 1939.

PRIOR CONTINUATION

that rights accrued, liabilities incurred or actions taken under Joint Res. July 3, 1952, should not be affected. Section 6 of Joint Res. July 3, 1952, repealed Joint Res. Apr. 14, 1952, ch. 204, 66 Stat. 54, as amended by Joint Res. May 28, 1952, ch. 339, 66 Stat. 96; Joint Res. June 14, 1952, ch. 437, 66 Stat. 137; Joint Res. June 30, 1952, ch. 526, 66 Stat. 296, which continued provisions until July 3, 1952. This repeal took effect as of June 16, 1952, by section 7 of Joint Res. July 3, 1952. APPLICATION OF SECTION TO UNIVERSAL MILITARY TRAINING AND SERVICE ACT

CROSS REFERENCES

Authorization of claims for reimbursement, and ratification of payments prior to August 29, 1951, see section 1012a of this title.

§ 1012a. Authorization of claims for reimbursement; ratification of prior payments.

CODIFICATION

Section, act Aug. 29, 1951, ch. 356, § 2, 65 Stat. 208, which was not enacted as part of the Missing Persons Act, sections 1001-1012 and 1013-1016 of this Appendix, (a) allowed presentation, for consideration, reconsideration or reimbursement during a period of 3 years following Aug. 29, 1951, of previously unpresented, rejected or disallowed claims for travel by dependents and for transportation of household and personal effects arising between Sept. 8, 1939, and Aug. 29, 1951, under section 1012 of this Appendix, (b) ratified payments for travel by dependents and transportation of household and personal effects made by disbursing officers pursuant to section 1012 of this Appendix, on or after March 7, 1942, and prior to Aug. 29, 1951, previously not allowed by virtue of inability to establish death or injury as a result of military or naval operations, and (c) ratified payments made on and after June 25, 1950, and prior to Aug. 29, 1951, for transportation, packing, and unpacking of privately owned motor vehicles transported under the conditions set forth in section 1012 of this Appendix.

§ 1013. Income tax deferment for certain persons in Government service not in position to pay taxes because of service.

Notwithstanding any other provision of law, in the case of any taxable year beginning after December 31, 1940, no Federal income tax return of, or payment of any Federal income tax by

(1) a member of the uniformed services as defined in section 101 (3) and (23) of title 37, United States Code; or

(2) any civilian officer or employee of any department;

who, at the time any such return or payment would otherwise become due, is absent from his duty station under the conditions specified in section 2 of this Act [section 1002 of this Appendix], shall become due until the earlier of the following dates

(A) the fifteenth day of the third month in which he ceased (except by reason of death or incompetency) to be absent from his duty station under the conditions specified in section 2 of this Act [section 1002 of this Appendix], unless before the expiration of that fifteenth day he again is absent from his duty station under the conditions specified in section 2 of this Act [section 1002 of this Appendix]; or

(B) the fifteenth day of the third month following the month in which an executor, administrator, or conservator of the estate of the taxpayer is appointed.

Such due date is prescribed subject to the power of the Secretary of the Treasury or his delegate to extend the time for filing such return or paying such tax, as in other cases, and to assess and collect the tax as provided in sections 6851, 6861, and 6871 of the Internal Revenue Code of 1954 [sections 6851, 6861, and 6871 of Title 26] in cases in which such assessment or collection is jeopardized and in cases of bankruptcy or receivership. (Mar. 7, 1942, ch. 166, § 13, 56 Stat. 146; Aug. 8, 1947, ch. 515, § 6, 61 Stat. 918; Aug. 14, 1964, Pub. L. 88-428, § 1(9), 78 Stat. 437.)

AMENDMENTS

1964-Pub. L. 88-428 amended section generally and among other changes, refers to the persons eligible for tax deferment as persons absent from their duty station under the conditions specified in section 2 of this act instead of as persons who are prisoners of war, persons detained by a foreign government with which the United States is at war, or members of the military or naval forces of the United States serving on sea duty or outside the United States, and eliminated the definition of continental United States and the provisions which specified that the tax retrun, or payment of the tax, was due on December 31, 1947.

1947-Subsec. (c) (2). Act Aug. 8, 1947, changed the final tax return date from "the fifteenth day of the third month following the month in which the present war with Germany, Italy, and Japan is terminated as proclaimed by the President" to "December 31, 1947".

TRANSFER OF FUNCTIONS

The functions of all officers of the Department of Commerce and all functions of all officers and employees of that Department, were, with a few exceptions, transferred to the Secretary of Commerce, with power vested in him to authorize their performance or the performance of any of his functions by any of those officers, agencies, and employees, by 1950 Reorg. Plan No. 5, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1263, set out as a note under section 591 of Title 5, Executive Departments and Government Officers and Employees. The Coast and Geodetic Survey, referred to in this section, is an agency within the Department of Commerce. APPLICATION OF SECTION TO UNIVERSAL MILITARY TRAINING AND SERVICE ACT

LIMITATION OF SECTION UNDER OTHER LAWS Section 507 (b) (1) of the Revenue Act of 1942. act Oct. 21, 1942, 4:30 p. m., E. W. T., ch. 619, title V, 56 Stat. 964, provided as follows: "The amendments made by this section [adding sections 3804 and 3805 to Title 26, and adding section 527 to this Appendix] shall not be construed to shorten any period fixed under the provisions of section 13 or 14 of the Act approved March 7, 1942 (Public Law 490-77th Congress), [Sections 1013 and 1014 of this Appendix] within which any act may be done, except that any action of proceeding authorized under section 3804(d)(1) of the Internal Revenue Code,

as well as any other action or proceeding authorized by law in connection therewith, may be taken, begun, or prosecuted without regard to the period so fixed."

CROSS REFERENCES

Exclusion from gross income of certain combat pay of armed forces, see section 112 of Title 26, Internal Revenue Code, 1954.

Income taxes of persons in military service, collection deferred, see section 573 of this Appendix.

Time for performing certain acts postponed by reason of war, see section 7508 of Title 26, Internal Revenue Code, 1954.

§ 1014. Application of act to persons besieged by a hostile force.

The provisions of this Act [sections 1001-1012 and 1013-1016 of this Appendix] applicable to persons captured by a hostile force shall also apply to any person beleaguered or besieged by a hostile force. (Mar. 7, 1942, ch. 166, § 14, 56 Stat. 147; Apr. 4, 1953, ch. 17, § 1(e), 67 Stat. 21.)

AMENDMENTS

1953-Act Apr. 4, 1953, made section applicable to persons besieged by a hostile force instead of by an enemy force. This change had previously been effected by the 1952 amendment to this section but amending act of 1952 was repealed. See "Repeal of Prior Act Continuing Section" note.

PRIOR CONTINUATION

REPEAL OF PRIOR ACTS CONTINUING SECTION Section 1 (a) (7) of Joint Res. July 3, 1952, ch. 570, 66 Stat. 331, as amended Mar. 31, 1953, ch. 13, § 1, 67 Stat. 18, which continued the provisions of this section until July 1, 1953, was repealed by section 2 of Joint Res. Apr. 4, 1953, ch. 17, 67 Stat. 21, with the provision that rights accrued. liabilities incurred or actions taken under Joint Res. July 3, 1952, should not be affected.

CROSS REFERENCES

Limitation of section under other laws, see note under section 1013 of this Appendix.

§ 1015. Effective date.

This Act [sections 1001-1012 and 1013-1018 of the Appendix], except sections 13, 16, and 17 [sections 1013, 1016, and former section 1017 of this Appendix], is effective from September 8, 1939. (Mar. 7, 1942, ch. 166, § 15, 56 Stat. 147; Dec. 24, 1942, ch. 828, § 1, 56 Stat. 1092; Apr. 4, 1953, ch. 17, § 1(f), 67 Stat. 21; Jan. 30, 1954, ch. 3, 68 Stat. 7; June 30, 1955, ch. 254, 69 Stat. 238; July 20, 1956, ch. 658, 70 Stat. 595; Aug. 7, 1957, Pub. L. 85-121, 71 Stat. 341; Aug. 29, 1957, Pub. L. 85-217, § 1(e), 71 Stat. 493.)

AMENDMENTS

1957-Pub. L. 85-217 eliminated a reference to section 18 and provisions which limited duration of sections 1001-1012, 1014, and 1015 of this Appendix.

Pub. L. 85-121 extended the termination date from July 1, 1957, to April 1, 1958.

1956-Act July 20, 1956, extended the termination date from July 1, 1956, to July 1, 1957.

1955-Act June 30, 1955, extended the termination date from July 1, 1955, to July 1, 1956.

1954 -Act Jan. 30, 1954, extended the termination date from February 1, 1954, to July 1, 1955.

1953-Joint Res. Apr. 4, 1953, extended the termination date until February 1, 1954.

1942-Act Dec. 24, 1942, substituted "and for twelve. may designate," for "as proclaimed by the President, and for twelve months thereafter."

EFFECTIVE DATE OF 1957 AmendmenT Amendment of this section by Pub. L. 85-217, effective August 29, 1957, see section 2 of Pub. L. 85-217, set out as a note under section 1002 of this Appendix.

EFFECTIVE DATE OF 1942 AMENDMENT Amendment by act Dec. 24, 1942, effective Sept. 8, 1939, see note under section 1003 of this Appendix.

PRIOR CONTINUATION

REPEAL OF PRIOR ACTS CONTINUING SECTION Section 1 (a) (7) of Joint Res. July 3, 1952, ch. 570, 66 Stat. 331, as amended Mar. 31, 1953, ch. 13, § 1, 67 Stat. 18, which continued the provisions of this section until July 1, 1953, was repealed by section 2 of Joint Res. Apr. 4, 1953, ch. 17, 67 Stat. 21, with the provision that rights accrued, liabilities incurred or actions taken under Joint Res. July 3, 1952, should not be affected.

APPLICATION OF SECTION TO UNIVERSAL MILITARY TRAINING AND SERVICE ACT

§ 1016. Amendment of Civil Service Retirement Act. (a) The last sentence of subsection (c) of the first section of the Civil Service Retirement Act, approved May 29, 1930, as amended [former section 691(c) of Title 51, is amended by striking out "any elective officer,".

(b) Subsection (a) of section 2 of such Act of May 29, 1930, as amended [former section 715(a) of Title 51, is amended by striking out ": Provided, however, That no provision of this or any other Act relating to automatic separation from the service shall have any application whatever to any elective officer".

(c) Subsection (a) of section 3 of such Act of May 29, 1930, as amended [former section 693(a) of Title 51, is amended to read as follows:

"(a) This Act [Title 5, former § 691 et seq.] shall apply to all officers and employees in or under the executive, judicial, and legislative branches of the United States Government, and to all officers and employees of the municipal government of the District of Columbia, except elective officers and heads of executive departments: Provided, That this Act [Title 5, former § 691 et seq.] shall not apply to any such officer or employee of the United States or of the municipal government of the Dis

trict of Columbia subject to another retirement system for such officers and employees of such governments: Provided further, That this Act [Title 5, former § 691 et seq.] shall not apply to any officer or employee in the legislative branch of the Government within the classes of officers and employees which were made eligible for the benefits of this Act [Title 5, former § 691 et seq.] by the Act of July 13, 1937 [Title 5, former §§ 693b-693d, 698b, 715d, and 719al, until he gives notice in writing to the disbursing officer by whom his salary is paid, of his desire to come within the purview of this Act [Title 5, former § 691 et seq.]; and any officer or employee within such classes may, within sixty days after January 24, 1942, withdraw from the purview of this Act [Title 5, former § 691 et seq.] by giving similar notice of such desire. In the case of any officer or employee in the service of the legislative branch of the Government on January 24, 1942, such notice of desire to come within the purview of this Act [Title 5, former § 691 et seq.] must be given within the calendar year 1942. In the case of any officer or employee of the legislative branch of the Government who enters the service after January 24, 1942, such notice of desire to come within the purview of this Act [Title 5, former § 691 et seq.] must be given within six months after the date of entrance to the service."

(d) The amounts deducted and withheld from the basic salary, pay, or compensation of any officer made ineligible for the benefits of such Act of May 29, 1930, as amended [Title 5, former § 691 et seq.], by the amendments made by this section to such Act of May 29, 1930 [affecting Title 5, former §§ 691 (c), 693(a), 715(a)], and deposited to the credit of the civil-service retirement and disability fund, and any additional amounts paid into such fund by such officer, shall be returned to such officer within thirty days after the date of enactment of this Act [Mar. 7, 1942]. (Mar. 7, 1942, ch. 166, § 16, 56 Stat. 147.)

REFERENCES IN TEXT

The Civil Service Retirement Act, approved May 29, 1930, as amended, referred to in subsec. (a), was formerly set out in chapter 14 of Title 5, Executive Departments and Government Officers and Employees and, as further amended and renumbered, is now set out as chapter 30 of that title.

"Such Act of May 29, 1930, as amended." referred to in subsecs. (b)—(d), has reference to the Civil Service Retirement Act, approved May 29, 1930, as amended. APPLICATION OF SECTION TO UNIVERSAL MILITARY TRAINING AND SERVICE ACT

§ 1017. Authorization of lock for Saint Marys Falls Canal, Michigan.

CODIFICATION

Section, act Mar. 7, 1942, ch. 166, § 17, 56 Stat. 148, has been executed.

§ 1018. Repealed. June 16, 1942, ch. 413, § 19, 56 Stat. 369, eff. June 1, 1942.

Section, act Mar. 7, 1942, ch. 166, § 18, 56 Stat. 148, related to base pay increases for military and naval personnel serving at sea or outside United States, and is now covered by section 305 of Title 37, Pay and Allowances of the Uniformed Services.

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United States Code, Volume 11