Page:United States Statutes at Large Volume 57 Part 1.djvu/263

 PUBLIC LAWS-CHS. 178, 179-JUNE 29, 30, 1943 Applicability of benefits. 49 Stat. 1524. 10U.S.. §C291c, 292a-1, 292a-2, 292a-3, 292b-2, 300a; Supp. II , i§ 292a-1, 300a. Time limitation. Exception. Regulations. Power of President. Rights of officers under other laws. Back pay; retire- ment. June 30, 1943 [H. R. 16481 [Public Law 102] Treasury and Post Office Departments Appropriation Act, 1944. Treasury Depart- ment Appropriation Aet, 1944. Post, pp. 440, 544, MS. That the Secretary of War, or such person or persons as he may desig- nate, shall find that the additional physical disability is incident to service while on active duty in the higher grade and not less than 30 per centum permanent. SEC. 5. Any officer of the Regular Army on the retired list who shall have been placed thereon for reasons other than physical dis- ability shall, if he incurs physical disability while serving on active duty in the same grade as that held by him on the retired list, receive retired pay computed as otherwise provided by law for officers of such grade retired on account of physical disability, incident to the service. SEC. 6. The benefits of this Act shall apply to officers of the Army of the United States who were retired or granted retirement pay subsequent to April 6, 1917, or who may hereafter be retired or granted retirement pay for physical disability in line of duty in time of war or any emergency declared by the President, or within six months thereafter, determined or incurred while serving under a temporary appointment in a higher grade, including any officer given a temporary appointment in a higher grade under the Act of June 16, 1936, who has been retired for physical disability in a lower grade. SEc. 7. The provisions of this Act shall not apply in any case unless proceedings to obtain the benefits provided herein are initiated within six months from the termination of the temporary appoint- ment held at the time when the disability is incurred or the disabled officer's release from active duty, whichever occurs earlier: Provided, That such proceedings may be initiated within six months from the date of the approval of this Act in any case where such termination of appointment, retirement, or release from active duty occurred prior to such approval. The Secretary of War is authorized to prescribe such regulations as he may deem necessary to carry out the pro- visions of this Act. SEC. 8. Nothing contained herein shall be construed to limit the power of the President under existing law, or to affect the right of any officer of the Regular Army to have the rank and retired pay of a higher grade than herein provided, or of any other officer of the Army of the United States to have the retirement pay of a higher grade than herein provided, if entitled thereto under other provisions of law. SEC. 9. No back pay shall accrue by reason of the enactment of this Act. The provisions of this Act shall not otherwise affect the method in which officers are to be retired. Approved June 29, 1943. [CHAPTER 179] AN ACT Making appropriations for the Treasury and Post Office Departments for the fiscal year ending June 30, 1944, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, TITLE I-TREASURY DEPARTMENT That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Treasury Department for the fiscal year ending June 30, 1944, namely: 250 [57 STAT.

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