Page:United States Statutes at Large Volume 54 Part 1.djvu/1049

 54 STAT.] 76TH CONG., 3D SESS.-CH. 757-OCT. 8, 1940 forces of the United States and until resignation or discharge there- from; and the service of any individual in any reserve component of the land or naval forces of the United States who was ordered to active duty in any such force for a period of thirty days or less shall be deemed to have been active service in such force during such period. "(c) For the purpose of this section and section 202, as amended, War ser a 'war service period' shall mean (1) any war period, or (2) with 0'stat. s3 respect to any particular individual, any period during which such v4, `i2I-s individual (i) having been in military service at the end of a war period, was required to continue in military service, or (ii) was required by any Act of Congress, any regulaton promulgated, order issued, or proclamation made, in pursuance of such Act, to enter and continue in military service. "(d) For the purpose of this section and section 202, as amended, ."War peri a 'war period' shall be deemed to have begun on whichever of the otbe gi g. following dates is the earliest: (1) the date on which the Congress of the United States declared war; or (2) the date as of which the Congress of the United States declared that a state of war has existed; or (3) the date on which war was declared by one or more foreign states against the United States; or (4) the date on which any part of the United States or any territory under its jurisdiction was invaded or attacked by any armed force of one or more foreign states; or (5) the date on which the United States engaged in armed hostilities for the purpose of preserving the Union or of maintaining in any State of the Union a republican form of government. "(e) For the purpose of this section and section 202, as amended, a "war perto 'war period' shall be deemed to have ended on the date on which td hostilities ceased. "(f) Military service shall not be included in the years of service of Military an individual unless, in the calendar year in which his military service in a war service period began, or in the calendar year next preceding such calendar year, he rendered service for compensation to an employer, or to a person service to which is otherwise creditable under this Act, or lost time as an employee for which he received remunera- tion or was serving as an employee representative. "(g) A calendar month in which an individual was in military serv- Counting ice which may be included in the individual's years of service or service o. sere. period, as the case may be, shall be counted as a month of service: Provided, however, That no calendar month shall be counted as more Iitlo n than one month of service. "(h) In determining the monthly compensation for computing an ,,;"nt,, annuity, military service and any remuneration therefor shall be of anuity. disregarded. "(i) In the event military service is or has been used as the basis or p^nnirthn as a partial basis for a pension, disability compensation, or any other ie. gratuitous benefits payable on a periodic basis under any other Act of Congress, any annuity under this Act or the Railroad Retirement Act 49 SUat. 'g6 of 1935, which is based in part on such military service and is with v, t215-Zs. respect to a calendar month for all or part of which such pension or other benefit is also payable, shall be reduced with respect to that month by the proportion which the number of years of service by which such military service increases the years of service, or the service period, as the case may be, bears to the total years of service, or by the aggregate amount of such pension or other benefit with respect to that month, whichever would result in the smaller reduction. "(j) Any department or agency of the United States maintaining certicatior records of military service, at the request of the Board, shall certify tarsee. to the Board, with respect to any individual, the number of months of military service which such department or agency finds the indi- 1015 rice pe- c. Supp. (note). od," date d," date service of calen- a month impenm. putation bsed In iry erv- ., Supp. of mili-

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