Page:United States Statutes at Large Volume 44 Part 1.djvu/1899

 1885 TITLE 5.—•·EXECl7Tll’lG’ DEPARTMENTS AND 40 receive a ponsionauuder any law,-or, retired pay oxraccount or, militéry or naval service. or compensation uhder tho War I Risk Insurance `Act,“ the period of his military or naval service umu which such pension, retired Dtly, or compensation is based shall not be included, but nothing-in this Act shall be so éon-· struedas to a§ect_ in auymoxiner his oo hor right to a pension, or to retixm pay, or to compéxzsatlou trader the War Risk In= suronco Act—" in addition to tho annuity heroin Ilrovidod. ‘· V Io computing length of service for tho purpose ot this Act' all periods of separation from tho service, and so much of any loaves of absence as may exceed six mouths E-Ii the aggregate in any calouclar ycdr, shall be oxoludod, and in the vase otsubt slimtw in the Postal Service credit siioll, be giver: from date of original appcinttiént as a substituté. ‘ ‘ _  ' ` in determining the aggregate period ot service upon `which also annuity- is tc be bosod, the 'fructioual part of:1 month, ‘if— ouy. io the total sqrvico shall be eliminated. (Ju1y.3,‘1926, c. $01,5 5, 4-Stat. 907.) . *" ·· y _ t Scotootuote to thi§°cl1\pter.° _. 696a. Disability retirement; medical examinations re·» quired.-—Auy employee to whom this Act' applies who shall have sorted for a total period ot not less than Httocn years, and who,_boforo.becomin¢ eligible for retirement urmer‘ the coudilions dotlmd in tho procodiugosoctions hereof, Becomes totally disabled for uxful and .e&cieut sérvlco ih the grade or class of pcsitiogi occupied 'by the émployee, by rea.s0¤_ of disease or injury not doo to vicious habits, iutomperoucctor willful misconduct on tlie part of the employee, shall up0¤_ his own applicazion or upon that request or order of the head of the department, hrzmch ormdependoot omce concerned, be retired on up annuity y mgpputod in accordance with the provisions ot section 4 *‘ lzorootz Pi·m>idcd,‘ That proof ot freedom tram, vicious habits; iutomporonco, or willful misconduct .1*0r a period YS! more than tivo yours next prior to becoming so disabled for `usoful and odieiéaxt sérvlce, shall not be required iu’miy case. No claim shall be allowed under the provisions-of this section utiless tho application for rotlromeut shall have been executed prior to the wplicaoth- separation from the service or within six mmgths thereafter. No employee shall be reéred under the provisions of tllis_ section uolms · examined by a mediodl cmcer of the {sited Statm, r g duly quolidod Iihysiciun or surgeon- or bom·d· ui. physiola¤s.,§"s1i.rgoous, édostmated by tho··Commlssioner of Pensions for that purpose, and tmmd to be [disabled in' the de·· groc and io the mo  or spe<:i&od_,heroin.‘ I - . ‘ ‘ Ewiory goiaditout retired `mzdor tho provisions of this soction, uoloos the disability for which retired be permoxiont in choraotcr,  .¤¤ =. ot the ogplmtiou of one ym from the date of such rotirowt aud anaimlly thereafter, until reaching retirement noo as d@uw`l¤ nootiou 1** hereof. be pxAmim`u¤dor the l ditwtlo:1 ot tho Commlwioou of Pensions by n modi&l omocr ot tho Uultod- Statm, or si dgly oqualidod physician or surgeon. or hoard ‘ot.p1;yolo1¤m or ourgwns dwlguitod by the Oommis? Hiouor of Pons! ma for that purmo,_1¤ order to {ascertain the nomro and dogroo of tho il.fll1\1l£8lit°S disability, if any. It an ammitaot sh¤1l~_recover` before roachingrétlmémoot ago sud be' · restored to an oaraaing cllpocity which would. lt· him to M aopoiotlm to somo appropriate witloxx fairly oomparauo in compouwtlou to tho podtioa oooupiod at the time of rotiromoxxt, y 1 Mymont ot the gxmulq shall be continued tmpomrilyto smrd tho ououitaot ogportuuity to soak su& availsblo oosltion, but D not in orgy moo ox zww e gniuoty days from the data of tho medical examination showing oooh rocovory. Bhould tho anuuitout mil to opooar for examination, on reqhir& milder this Section, payment of the nomzity shall ho msgmdod until ooo- “ Tho War Risk Inaornooe Act constltuteo lj 511-518 of Title 88 of the (Bode. · _ · . . ” “Section 4 " should be translated ‘* section 649n."
 * “Act" mould be translated •* clmpton-.”, ‘ ,  l
 * ' “Section  should be translated "scgion ®1a.."_.

GOVERNMENT OFFIGERS AND EMPLOYEES §69T3, tiuuance of the disability shall have been satisfectorilyeeteblished. The Commiseioner'ofPehslgps may order or direct et any time sqch medical or other examination as he shell deem necessary to ,dctex·mi11e·the fects éelative to the nature and degree of disability of any employee retired on an annuity tmdcr this section. _., · Iniall cases where the annuity 'is discontinued under the pmvisions of this section before the ammitant has received a sem équul to thettotal amotmtl of his contributions with accrued interest, the diterencc, unleés he shall become Eeemploycd in a position within the purview of this Act} shall be paid to the c retired cmployee,__as mjovidcd in section 12 " hereof, upon apoligcation therefor in` suchT(orm and manner as the Comptroller General may°dircct. _In cz£§é of I'€·€.lfl1[)ls)§’H)—(?{l[ in at pcttilimn within the purview of this_Act the amount so refunded shell be rcdep0sitcd`as_[$row·ided  sectio¤_12,*’ hereof. _ .No pcrsoxyshall be entitled to receive an ammity under the PmYisi<ms— of this Act} and compensation tmder the provieigm of the _Act of Septembcr`7, 1916,* entitled “An Act to provide `compensation for employees ot the United States seffering injuries while in the performkm`ce_ of their duties, and for other purposeef covering the same period of time; hut this prmsieion »shall‘ not be so construed as to bar the right of any cleiment to the_grehter‘beneilt conferred by either Acffor any pert et the same period ot timie. ‘ . . N jFces for examinations made under the provieiens of thie tion, by physicians 01·_ smjgeone whohre not medical o§ccr·z of the United States, slmllbe fixed by the Commlmiohcr of Pew -sions, and such fees, together. with the employees peasonahle traveling and other expenses incurred in order to submit to such examinations, shall be peid out of the ap·props· ietio¤s for the cost of- administering this Aetf (July 3, 1926, c. SOI, i 6, 44 Stat. 901,.) ‘ _ · _, Sec footnote to this chapterl _697a. "Involmitary- scperatiosyfrom the service.-—-Shoold my employee fifty-Eve years of age or over to tyhom this Act ‘ applies, after having écrved for A total period of not less than dttcch yeare and before becoming eligible for retirement endo: the conditions dehned in section 1 hereot, become luvolmntertly semreted from the service, not bynremoval for eeox on charges of misconduct or 3 delinquency, such employee shell be paid ast he or she may elect; eithe1·—~·~. _ ‘ (ai The amount of the —-dediictio from his basic misty, pay, or compensation mode under`    QH 16 of this Act " ned ' under act of May 22,.1920}* me   di¤g`ecc§mod= interest thereon computed eeprescribed lo secti n 12, hereof; or (b),Agh immediate-life h   city beginning at the date ot semrntion from thejscrvice, i  &ViRg a value equal to the    ent worth of e tleferred annuity, begixmiixg at   exe et which ’l the employees would otherwise have become eligible for Emperemmetion retirement computed is provided ih Section -,t ct _thisAct;"or __ ~, ·- ° ·# ·` __ _ (c) ,A deferred enmity beglhhlng at the. age at which the ? employee would jotherwise haée become · ell%lhle» for superne- }m1etlou’·`retiremeht, competed ee provided in d`· section 4 of this [ Act." -The right to such dcferfed annuity shell he evldeeced t by a proper eertltlcete imeed under theses.! ot the Deportment ot the Interior., _ — t _ See footnote to this chapter. _ _ Any cmployeewhe haeserved for n period of mt less than Hlteen yeah; and who is iwty-hve years ot age, or over, and “ * *‘Act ?’ would be thenslaited “ chdptcrf ` ¤* f‘ Section 12 " mould bc trahsletéd “‘ section ‘l'62q.." ¤Act es Sept. 7,1918, constitutes chgptc: 16 ct Titles of the Cece. _*'_”“ Section 16 of this Act"' should he translated-" section Sim of t.hl¤~c&p·tcr." " \° ‘ V · - *4 -••Act et lla; 22, 1920, with amendments, constitutes this chapter ei Title 5 of the Code, which in here a.men"de<l. · _ ¤"Sectlo¤_ 4 of this Act" should be treusleted "scction 694a et this ch•pte:.” ‘