Page:United States Statutes at Large Volume 56 Part 1.djvu/36

 PUBLIC LAWS-CH. 6 -JAN. 19, 1942 Prorisos. Limitation. Date of retirement. Rate of retired pay. Proviso. Physical disability. Assistant Director; appointment, rank, etc. Proiso. Retirement of Di- rector or Assistant Director. Burial expenses. 34 U.S. C. § 924- 928. Death gratuity. 34 U.. C. § .943. PFo., pp. 494, 495. Proviso. Purchase of sup- plies. Repeal of inconsist- ent laws. sonnel Board: Provided, That the total number of officers so retired in any fiscal year shall not exceed the whole number nearest 1 per centum of the total authorized number of commissioned officers on the active list, and, except as otherwise required by law, the number of officers so retired plus the number of officers retired for age in any fiscal year shall not exceed 3 per centum of the total authorized number of commissioned officers on the active list: Providedfurther, That all transfers to the retired list pursuant to this Act shall become effective on the next ensuing July 1 and the resulting vacancies may be filled as of that date. SEC. 6. Officers retired pursuant to section 5 of this Act shall receive pay at the rate of 21/2 per centum of their active-duty pay at the time of retirement multiplied by the number of years of service for which entitled to credit in the computation of their pay on the active list, not to exceed a total of 75 per centum of said active-duty pay: Provided,That a fractional year of six months or more shall be considered a full year in computing the number of years' service by which the rate of 21/2 per centum is multiplied. SEC. 7. Should an officer fail in his physicial examination for pro- motion and be found incapacitated for service by reason of physical disability contracted in line of duty, he shall be retired with the rank to which he would otherwise be entitled to be promoted, with retired pay at the rate of 75 per centum of the active-duty pay of that grade. MISCELLANEOUS PROVISIONS SEC. 8. The President is authorized to appoint, by and with the advice and consent of the Senate, an officer on the active list of the Coast and Geodetic Survey not below the rank of commander to serve as Assistant Director; his appointment shall not create a vacancy and while holding said office he shall have the rank, pay, and allow- ances of rear admiral (lower half): Provided,That any officer who may be retired while serving as Director or Assistant Director, or who has or shall have served four years as Director or Assistant Director and is retired after completion of such service while serving in a lower rank or grade, shall be retired with the rank, pay, and allowances authorized by law for the highest grade or rank held by him as Director or Assistant Director. SEC. 9. The provisions of sections 1 to 5, inclusive, of the Act of April 20, 1940 (54 Stat. 144), relating to the burial expenses of Navy personnel, and the provisions of the Act of June 4, 1920 (41 Stat. 824), as amended by the Act of May 22, 1928 (45 Stat. 710), relating to the payment of a death gratuity to dependents of commissioned officers and other personnel of the Navy or Marine Corps, shall apply to commissioned officers of the Coast and Geodetic Survey, except that the duties and obligations imposed in said Acts upon the Secre- tary of the Navy are hereby imposed for the purposes of this Act upon the Secretary of Commerce who shall cause the necessary pay- ments to be made from funds appropriated for the Coast and Geodetic Survey: Provided,That the provisions of this section shall be effective from December 8, 1941. SEC. 10. Commissioned officers, ships' officers, and members of the crews of vessels of the Coast and Geodetic Survey shall be permitted to purchase commissary and quartermaster supplies as far as avail- able from the Army, 'Navy, or Marine Corps at the prices charged officers and enlisted men of those services. SEC. 11. All laws or parts of laws inconsistent with the provisions of this Act are hereby repealed, and the provisions of this Act shall be in effect in lieu thereof. Approved, January 19, 1942. [56 STAT.

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