Page:United States Statutes at Large Volume 44 Part 1.djvu/1217

 @03 TITLE 38.—PENSIONS, BONUS Nay, by Marine Corpst half rating to fdisabled enlisted nerseng " `serving twenty years. _ . . · '_ ‘,;m_ Same ; serving notleas than ten ymrs. 2;;:. Double penalonrin cam of death or disability as result of ‘avla·· ` tion accident- · _{ ·· f _ _ Section 221. -0§cers; warrant o§cers`;and other naval ratings; disability prior to March 4, 1861.5-gif any oflicer, war-· rant or petty omoer, seaman;" engineer, nrst, second, or third assistant engineer, Brennan orcoal heavcr of the Navy or any mggyiyae has beerrdisabled prior to the 4th* day of March, 1861U . by reason of any injury received or disease contractedtin the J .~n»¤·£#i<·e and line of dntyq he shall be entitled to receive during lhs continuance of his disability a pension proportionate to me ;h·g·¤·ee' of his disability not éxceeding half the monthly pay ,,5 his rank as it existed in·`January;1835, erceptas otherwise shall be the same as that of‘a lieutenant of the Navy; the ]3•’1}SiO!.1;,Of ahrst assistant engineer the; same as that of a xanmnsut of marines; the pe¤s1¤¤__sz»_a second or third assist- _ rant engineer the sa·meTas`that of a'forward·,oi’ncer ;` the pension of·:1 fireman 'or.¤9¤l beaver; the‘same·‘·as that of al seaman; J lm an engineer, fireman or coal heavershallnot besentltled to any pension by reason of a disability incurred prior to the 31st _ day of August, 1842r (R.;S. § 4728;) a ” ° _ 222. Same; engineer omccra.-y—gFrom \_ and" after March 3, ° 1sTT, the pension for total disability of passed assistant engisrws, and asslstant engineers; and cadet engineers ln_'thenavalservice, respectively, shall be the same as the .pensions·-a1lowedf to eiiicers of the line in the  service with whom they; haverelative rank. (Mar. 3, 1877, c.- 121, 19: Stat, 403; Aug. .5, _1882, cj 391, § 1, 22 Stat; 285.) x U .   i `_ `_ 223. Same; widovvs and children.5-If any person referred to in section 221 of this title has died in the service, of injury, ·_ received ·or?_ disease contracted under the conditions therein stated, his vvidow shall be entitled to receive half the monthly my .to’ which the deceased was entitled`—at~‘the date of Lhis death except as otherwisepinvidediin this title; and in case of her death or marriage, the child- or children under sixteen Q years of age shall be entitled to the pension. But the rate of lwnsion herein- allovved shall be governed by the pay of the,. Navy as it existed in January, 1835; and"' the pension of the widow of a chief engineer-shall be- the sameas that of a widov$` of a lieutenant in the Navy;. the pension of the vvidovvof a first assistant englneer shall be- the] same as that of the widovv of a Q lieutenant of marines; the pension of the widow of', n second or third assistant engineer the P same. as that of the - widow of a forward omcer; thepension of the .wid0W.0f a_H1‘e·_` msn or coal. heaver shall be an same as that of the widow. of u seaman. The rate of pension prescribed hy this section and -se·t·tion 221 of this title shall be varied in accordance with the provisions of section 21‘of this title. _ (B.,cS. S 4729.) · m` ’ · 224; Navy pension fund; trustee.-;-The Secretary of the Navy shall betmme of the Navy penmon fund., (R. S. I·4750.)" 225. Same; prim nnoney.—·-4All money accruing or °whlch has already accrued to the__United States from` sale of prizes shall be and. remaln forever a fund? for the payment of pensions to Abe omcers;  and marina wh0   be 61ltiu€d`{'·¢2 I6- cerve the same; and if such fund be lnsumclent for the pur; Dm. the nuhlle faith is pledged to   up the zdeticlency; mnt if it should he more than sumclent, the surplus shall be Bmliicd to the making of further provision for the comfort of the disabled ofdcers, swmern and marines. ·‘(R. S;_ $— 4252.) 226. Same; invmment.5-—-The Secretary of the N ¤£vy;` as trustee of the; naval, pension fund, is directed to GBHSG tb. M ln°sted in the registered securities of the United Statm, on, ‘ lst day of January and the lst day of July of each year, so m ch of such fund then in the Treasury of the United States as inay not he required- for the payment of naval pensions for the then
 * »m·ide¢l inf this title. But the pension of a· chief engineer

ms, Azm VETERANS zwzgzmi § '231 current fiscal year ;. and upon the requisition of the Secretary, so much of the fund as may not be required for such payment of pensions accruing during the current decal year eball be held in the Treasury ‘0ll.‘·thé days above named in each year, subject · to his order, for the purpose of auch immediate investment; and the interest payable in coin: upon the seéurities in which the fund _ may be invested, Shall be so paid, vvheudue, Ito the order or the Secretary of tlie.Navy, and he·is authorized andidirected to eirchange the amount of such interest when bald in coin., for so much' ot the legal ’ currency of the United States as may be obtained therefor ata the current rates ot-premium on gold, and todepoait the finterest so convertedjn the Treasury to the credit of the naval pension » fund `; but dnothing herein contained shall be construed to interfere with the P¤¥m¤Bt .0f naval pensions under the Supervision of the Secretaiy of the Interior, as reguqlated by law._ (R. S. $4753.) —. _· ‘ v_ · _` -· 227. Same; rate, of ~interest.¥—The interest on thevnaval {mi-. sion fund shall be at therate of -3  centum per annum in lawful ‘money.- (R. SI I 4754.)   Q I - h — 228. Same; P¢¤8i¤M myable frep.+—Navy pensions shall be paid from the Navy pension fund, sotar as the same shall be sumcient for that purpose, bat no payments shall be made there except upon  authorized by Congress. ' -=(R. S. §` 4755{Mar: 3, 19%, c._4®, 43 Stat, _1164.) "’ - · 229.-Navy or.Marhe Carpe; half rating tediaabled persona serving twmty. yeara,g—'1‘here* sliall?be_ paid oat of 'tlie naval pension tund to every person who, from · age or intlrmity, is disabled from sea service,·-but whoshaa served as an enlisted person or as an appointed petty omcer, or both, in the Navy or Marine Corps for the period of twenty years, and- not been discharged for misconduct, ln_ lieu of, being pro-, vided with` a_ home   the Naval Home, Philade1pl1ia,,_i£.\he ®— " eleets,»a sum equal to one»halt— the pay of his rating `at the time .he` was discharged, ·_ to be paid to him l monthly, under ‘ the direction or the Commissioner of Pensions; and applies-- {tions for —such· pemonl shall be made to the Secretariat the l Navy, who,. upon being satiaded that the applicant eemm within the provisions `otthiia segfion, shall certify the same te l the Commissioner of ‘ Pensions, and auch éertidcateashall be his warrant for making payment · any herein authorized.! ·(R. S. $.4756; Dec. 23, 1886, c, 9, 24 Stat, 353; May 3, ISE, e; 177, $,1, ,42_Stat.  __'‘ ‘ <f ‘   _ · -   . ‘ 230; Same; serving not less than ten yeara.—4Every disabled, person who has served in the Navy or Marine Corpsaa an denliatw man or as an appointed petty lomcer, or both, for a period not less than ten years, and note been discharged for misconduct, may apply ‘ to the Secretary of the Navy for aid, from- the surplus income of Lthe naval pension fund; and the Secretary ot -g_b$eaNavy is authorized to convene a board lot not ‘ ieee than three navallomcera, one of. whom shall be a surgeon, to examine into the condition og the applicant, and to  mend a sultableiamount for his relief, and for a speclaed time, and upon the approval of such recommendation by'°"the·.~Secretary" ot the Navy, and certidcate thereof to tbe     winner ` of Pensions, the amount shall be paid in the same manner as is provided in the preceding: section for the mynienlt to persons disabled by long service in the Navy.; but no mewmee so made shall-_ exceed the rate ot a melon for full disability corrwponding ,to the grade ot the applimnt, nor, it in addition to ag. pension, exceed one·tonrtl1 the rate ot auch pension. (R. .8. Q 4757; %.23, 1886,c.Q,24Stat. 853.)- » ‘  Y ` 231. Double @ien at eases of death- or" disability as xe- `ault- of aviation aecident;-—In all cases wheréh an officer or dies, er where a student dyer or an enlisted man of the Navy or Marine Corps ie disabled by reason of any injury reeeivéd or disease contracted an line of duty, the result of an aviation accident, received `whlle employed in actual lying, in or in
 * 1) enlf§® tmanv or student dyer ot. the t Navy or Marine Corps