Page:United States Statutes at Large Volume 46 Part 1.djvu/516

 SEVENTY-FIRST CONGRESS. SEss. II. Cu. 349. 1930 . 473 efficient service in the grade or class of position occupied by the employee, by reason of disease or injury not due to vicious habits, intemperance, or willful misconduct on the part of the employee, shall upon his own application or upon the request or order of the A nte p. 471. he ad of the depa rtmen t, b ranch, or inde pende nt of fice conc erned , be retired on an annuity computed in acc ordance with the ~ro- computation. visions of section 4 hereof : Provided, That proof of freedom from Pr ovi sos . vicious habits intemperance, or willful misconduct for a period of Hab its for flue y ears p rior it becoming ears more than five years next prior to becoming so disabled for useful and ab led e efficient service, shall not be required in any case. No claim shall be ' allowed under the provisions of this section unless the application fo r ret irem ent s hall have been exec uted prio r to the appli cant' s separation from the service or within six months thereafter : Pro- vided, That any employee who heretofore has failed to file an appli- cation for retirement within six months after separation from the service, may file such application within three months after the effec- tive date of this Act. No employee shall be retired under the pro- Medical examination. visions of this section unless examined by a medical officer of the United States, or a duly qualified physician or surgeon, or board of physicians or surgeons, designated by the Commissioner of Pensions for that purpose, and found to be disabled in the degree and in the manner specified herein. Every annuitant retired under the provisions of this section, unless the disability for which retired be permanent in character, shall at the expiration of one year from the date of such retirement and annually thereafter, until reaching retirement age as defined in se ction 1 h ereof, be exam ined under the dire ction of the C ommis - sioner of Pensions by a medical officer of the United States, or a duly qualified physician or surgeon, or board of physicians or surgeons designated by the Commissioner of Pensions for that pur- pose, in order to ascertain the nature and degree of the annuitant's disability, if any. If an annuitant shall recover before reaching retirement age and be restored to an earning capacity which would pe rmit him to be ap pointed to some appropri ate posi tion fair ly com- parable in compensation to the position occupied at the time of retirement, payment of the annuity shall be continued temporarily to afford the annuitant opportunity to seek such available position, but not in any case exceeding ninety days from the date of the medical examination showing such recovery. Should the annui- ta nt fail to appear for exa mination as requ ired und er this s ection, payment of the annuity shall be suspended until continuance of the disability shall have been satisfactorily established. The Commis - sioner of Pensions may order or direct at any time such medical or ot her exam ination a s he sha ll deem necessar y to det ermine th e facts relative to the nature and degree of disability of any employee retired on an annuity under this section. In all cases where the annuity is discontinued under the provi- sions of this section before the annuitant has received a sum equal to the amount credited to his individual account as provided in section 12 (a) hereof, together with interest at 4 per centum per annum compounded on June 30 of each year, the difference, unless he shall become reemployed in a position within the purview of this Act, shall be paid to the retired employee, as provided in section 12 (b) hereof, upon application therefor in such form and manner as the Commissioner of Pensions may direct. In case of reemployment in a position within the purview of this Act the amount so refunded sha ll be re deposited as prov ided in section 12 (b) he reof. Disability by reason of willful misconduct . Extended for retired employees. Post, p. 1016. Annual examinations thereafter. Re quireme nts for, until retirement age, un less di sabilit y per. m anent . Annuity discontin- ued on recovery, etc. on Payment to (allure suspended exam- be ined . Special examination . Discontinued annui- ties . Di fferenc e betwee n contributions and the amount paid, to be re- turned . Upon reemployment amount to be re ds posited.

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