Page:United States Statutes at Large Volume 49 Part 1.djvu/2064

 74TH C ONGRESS. SESS. II. CH. 859. JU NE 29, 1936 . 20 19 the provisions of this Act, he shall be considered as involuntarily separated from the service as of the date he shall have been retired for disabil ity, and, if otherwise elig ible, entitle d to an annui ty under section 5 of this Act to begin at the close of said ninety-day period based on the service rendered prior to his retirement for disability. The United States Civil Service Commission may order or direct Ascertainment of na- tu re and degree of dis- at any time such medical or other examination as it shall deem neces- ability. sary to determine the facts relative to the nature and degree of dis- ability of any employee retired on an annuity under this section. Should an annuitant fail to appear for any examination required Failure to appea r for examination, sus pen- under this section, payment of the annuity shall be suspended until sion of annuity. the requirement shall have been met. In all cases where the annuity is discontinued under the provisions Discontinued an- nuities. of this section before the annuitant has received a sum equal to the Return of difference between contributions amount credited to his individual account as provided in section 11 and payments. (a) hereof, together with interest at 4 per centum per annum com- pounded 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 11 (b) hereof, upon application therefor in such form and manner as the United States Civil Service Commission may direct. In ca se of Redeposit of refund reemp loymen t in a posi tion w ithin the p urview of this Act the upon reemployment . amount so refunded shall be redeposited as provided in section 11 (b) hereof. No person shall be entitled to receive an annuity under the rovi- No ann uity if receiv - Y 1> mg compensation for sions of this Act, and compensation under the provisions of the Act disability. Vol 39, p.742. of September 7, 1916, entitled "Ail Act to provide compensation for u . s . c., p . 98. employees of the United States suffering injuries while in the per- formance of their duties, and for other purposes", or such Act as amended, covering the same period of time ; but this provision shall bnefita bar to greater not be so construed as to bar the right of any claimant to the greater benefit c onferred by eith er Act f or any p art of the same period of time. Fees for examinations made under the provisions of this section Fee s for medical ex- aminations. by physicians or surgeons who are not medical officers of the United States shall be fixed by the United States Civil Service Commission, and such fees, together with the employee's reasonable traveling and Payment of, and other expenses incurred in order to submit to such examinations, shall other e xpenses. b e paid out of the appropriations for the cost of administering this Act. SEC. 5. Should any employee fifty-five years of age or over to whom lion , nn»ol not for separa- miscon- this Act applies, after having served for a total period of not less duet, before retire ment than fifteen years and before becoming eligible for retirement under the conditions defined in section 2 hereof, become involuntarily sepa- rated from the service, not by removal for cause on charges of mis- conduct or delinquency, such employee shall be paid as lie may elect, ei ther- (a) The amount of the deductions from his basic salary, pay, or De duct ions from basic salary. compensation, including accrued interest thereon computed as pre- scr ibed in sectio n 11 (b) here of ; An immediate life annuity beginning at the date of separation miry .Immediate life an- (b) Y iry . from the service, having a value equal to the present worth of a deferred annuity beginning at the age at which the employee would otherwise have become eligible for retirement, computed as provided in section 6 of this Act, the present worth of said deferred annuity to be determined on the basis of the American Experience Table of Mortality and an interest rate of 4 per centum compounded annu- ally ; or