Page:United States Statutes at Large Volume 54 Part 1.djvu/797

 76TH CONG. , 3D SESS.-CH. 633 -JULY 18, 1940 (1) while on active duty, or (2) while engaged in authorized travel to and from such duty, or (3) while engaged in authorized training without pay, or dies or has died as the result of such physical injury, where such injury or death occurred between the dates of February 28, 1925, and July 15, 1939, both inclusive, when such injury or death results from an accident involving a military hazard such as flying in military aircraft, participation in military drills, target practice and tactical exercises, and in injury cases where such injury has resulted in permanent partial or permanent total disability, he or his beneficiary shall be entitled to all the benefits prescribed by law for civil employees of the United States who are physically injured in line of duty or who die as a result thereof, and the United States Employees' Compensation Commission shall have jurisdiction in such cases and shall perform the same duties with reference thereto as in the cases of civil employees of the United States so injured: Pro- vided, That the benefits shall accrue to any such member, or his beneficiary, whether the disability or death is the result of sickness or disease contracted in line of duty while on active duty when such sickness or disease is proximately caused by service on active duty: Provided further, That employees' compensation under this Act shall not be paid concurrently with active-duty pay or pension based upon military service, and in the event a person becomes eligible for the benefits of the United States Employees' Compensation Act and is also eligible for, or is in receipt of, a pension based upon military service, he shall elect which benefit to receive: Provided further, That authorized training without pay is defined as inactive-status training under written authorization by competent military authority covering a specific training assignment and prescribing a time limit: Provided further, That for the purpose of determining benefits to which entitled under the provisions of this Act members of the Officers' Reserve Corps or of the Enlisted Reserve Corps of the Army physically injured when engaged in authorized training without pay will be held and considered as receiving the pay and allowances they would have received if in a pay status: And provided further, That nothing herein shall be construed to authorize compensation benefits which may have accrued for any period prior to the approval of this Act, but eligibility for compensation benefits shall be determined as of the date of approval of this Act and any benefits payable shall date only from such approval and the eight-year period of limitation in section 10-G of the Federal Employees' Compensation Act of Sep- tember 7, 1916, shall be computed for purposes of this Act, from the date of approval thereof. Where injury or death has been sustained by any member of the Officers' Reserve Corps or Enlisted Reserve Corps while performing authorized training without pay upon inactive status it shall be pre- sumed that such training was being performed under written author- ization of competent military authority covering a specific training assignment and prescribing a time limit and thus subject to the pro- vision of this Act unless a duly appointed Examining Board, appointed at the time of said accident, has found and reported to the contrary. All claims for disability or death benefits allowed under the pro- visions of this Act shall be made within one year from its approval by the President. Approved, July 18, 1940. Designated period. Jurisdiction. Provisos. Accrual of benefits. Person eligible for military pension, etc.; election of benefit. Authorized training without pay, defini- tion. Determination of benefits when under nonpay status. No prior benefits. 39 Stat. 745. 5U. .('. § 70 ((0). Presumption of written authority to train: exception. Filing of claims. time limitation. 763 54 STAT.]

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