Page:United States Statutes at Large Volume 46 Part 1.djvu/1527

 1484 Subject to involun- tary retirement if not approved. List increased t o re- place removals. Retirement if desig- nated service periods completed and ineligi- ble for c onsid erati on. Lieutenants. Provis o. Option of reverting to permanent warrant status, etc., allowed. Annuity upon retire- men t. Computation. Total limit ed. Proviso. F rac tio nal ye ar of nine months considered full year. D eferr ed ret ireme nt. Retention on active list by board. -Officers designated to retain eligibility, etc., for promotion. Tra nsferred to re- tired list if not pro- moted. Provisos. Retention of officer losing numbers, etc. Transfers effective Tune 30 of curr ent c al- endar year. Naval Academy graduates. C ommiss ions as en- signs authorized. Ante, p. 1440. SEV ENT Y-F IRST CONGRESS. SEss. III. Ca. 397. 1931. list at the time his name was removed therefrom. If not recom- mended by said board, such officer shall be subject to involuntary ret iremen t, as provi ded l ater h erein, unde r the same condit ions in all respects as though his name had not previously been placed on the promotion list. If the name of any officer shall be removed from the promotion list of officers in any grade and submitted to another board as herein pro vided, the nu mber furnish ed said board by the Secretary of the Navy to be recommended for promotion to the next higher grade shall be increased accordingly. SEC. 5 . All officers who are not on the promotion list and who, after completion of the designated periods of service as prescribed for their respective grades, become ineligible for consideration by a line-selection board in accordance with this Act, or who, if on said promotion list, undergo the required examinations for promotion and are found not professionally qualified, shall be transferred to the retired list of the Navy. All lieutenants who are forty-five or more years of age, or who have completed twenty or more years of service, counting all service for which they would be entitled to credit for voluntary retirement, and who undergo the required examination for promotion to lieutenant commander and are found not profes- sionally qualified, shall be transferred to the retired list of the Navy Provided, That if such lieutenants w ere permanent ly appointed as ensign or above in the permanent line of the Navy while holding permanent warrant or permanent commission warrant rank in the Navy they shall have the option of reverting to such permanent warrant or permanent commissioned warrant status in the lineal position to which their seniority would have entitled them had their service subsequent to such appointment been rendered in the status to which they revert. SEC. 6 . Officers retired _pursuant to any section of this Act shall receive pay at the rate of 2 1/2 per centum of their active-duty pay multiplie d by the numb er of years of service fo r which they were enti tled to cre dit i n comp utati on of their longe vity p ay on the a ctive list, not to exceed a total of 75 per centum of said active-duty pay : Provided, That because of variations in the date of entry into the Naval Academy of members of the classes of 1906 to 1916, inclusive, ranging from June to September, a fractional y ear of nine months or more shall be considered a full year in computing the number of years of service of members of those classes by which the rate of 21 per centum is multiplied. SEC. 7. When t he number of involuntary t ransfers in any fiscal year from any grade to the retired list pursuant to this Act would otherwise exceed one-seventh of the authorized number of officers in said grade, less one-seventh of the authorized number in the grade next above, as determined by existing computations, the selection board concerned shall designate by name such excess of officers for retention on the active list until the end of the next fiscal year. Offi cers s o des ignate d shal l ret ain th eir e ligibi lity for se lectio n and promotion during said year. If not recommended for promotion or again des ignated for r etention on the active li st, they shal l be transferred to the retired list in accordance with the provisions of this Act : Provided, That the selection board may in any fiscal year designate for retention on the active list until the end of the next fiscal year any officer who has lost numbers or precedence and has been promoted after suffering such loss : Provided further, That all transfers to the retired list pursuant to this Act shall be made as of June 30 of the curren t cale ndar year a nd th e resu lting vacan cies s hall be regarded as occurring on that date : And provided further, That such number of the graduating class of the Naval Academy may be commissioned as ensigns in excess of the total authorized number of

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