Page:United States Statutes at Large Volume 54 Part 1.djvu/1050

 PUBLIC LAWS-CH. 757-OCT. 8, 1940 vidual to have had during any period or periods with respect to which the Board's request is made, the date and manner of entry into such military service, and the conditions under which such service was Certification of continued. Any department or agency of the United States which is amouns of pension, authorized to make awards of pensions, disability compensation, or any other gratuitous benefits or allowances payable, on a periodic basis or otherwise, under any other Act of Congress on the basis of military service, at the request of the Board, shall certify to the Board, with respect to any individual, the calendar months for all or part of which any such pension, compensation, benefit, or allowance is payable to, or with respect to, the individual, the amounts of any such pension, compensation, benefit, or allowance, and the military service on which such pension, compensation, benefit, or allowance is based. Any certification made pursuant to the provisions of this sub- Recertification. section shall be conclusive on the Board: Provided, That if evidence inconsistent with any such certification is submitted, and the claim is in the course of adjudication or is otherwise open for such evidence, the Board shall refer such evidence to the department or agency which made the original certification and such department or agency shall make such recertification as in its judgment the evidence warrants. Such recertification, and any subsequent recertification, shall be con- clusive, made in the same manner, and subject to the same conditions as an original certification. Annuities. "(k) In the event that an individual was, on or before the date o10,p. 74;potp. of enactment of the Second Revenue Act of 1940, denied an annuity but could have been granted an annuity under the provisions of this 45 U. 8.9., supp. Act or the Railroad Retirement Act of 1935 had military service been v, i215-228 . included in his years of service or service period, as the case may be, no annuity shall be payable with respect to such individual, or with respect to his death, by reason of the provisions of this section, unless such individual files a new application with the Board. In deter- mining the earliest date upon which an annuity can begin to accrue for such an individual in accordance with the provisions of sec- tion 2, the filing date of the application shall be the date on which such new application is filed. Increased annuity "(1) An individual who, on or before the date of enactment of the service. Second Revenue Act of 1940, was awarded an annuity under the Ante, p. 974. 49st. a7. provisions of this Act or the Railroad Retirement Act of 1935, but V4 f2Us. s c sup. whose annuity would have been increased if his military service had been included in his years of service or service period, as the case may be, may, notwithstanding the previous award of an annuity, make application (in such manner and form as may be prescribed by the Board) for an increase in such annuity based on his military service. Upon the filing of such application, if the Board finds that the military service thus claimed is creditable and would result in an increase in the annuity, the Board, notwithstanding the previous award, shall recertify the annuity on an increased basis in the same manner as though this section had been in effect at the time of the Jointn suiv. original certification: Provided, however, That if the annuity pre- annuity. viously awarded is a joint and survivor annuity, the increased annuity shall be a joint and survivor annuity of the same type except that if on the date the increase begins to accrue the individual has no spouse for whom the election of the joint and survivor annuity was made, the increase on a single life basis shall be added to the Efectivedateof i individual's annuity: And provided further, That such increase in the annuity shall not begin to accrue more than sixty days before the filing date of the application for an increase in the annuity based on military service, and in the event the annuity is a joint and survivor annuity, the actuarial value of the increase in annuity shall be computed as of the effective date of the increase. [54 STAr.

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