Page:United States Statutes at Large Volume 58 Part 1.djvu/708

 PUBLIC LAWS-CH. 373-JULY 1, 1944 Disqualifications other than physical. (c) When a commissioned officer in the Regular Corps is found, after examination, to be not qualified for promotion for reasons other than physical disability incurred in line of duty- (1) If below the full grade he shall be separated from the Service, and if in the assistant grade he shall be separated and paid six months' pay and allowances, and if in the senior assistant grade he shall be separated and paid one year's pay and allow- ances; and (2) If in the full or senior grade he shall be reported as not in line of promotion, or shall be retired and paid at the rate of 22 per centum for each complete year of active commissioned service in the Service, but in no case to exceed 60 per centum of his active pay at the time he is retired. BRIrFEMRNT OF COMMISSIONED OFFICERS Pay if retired for SEO. 211 . (a) A commissioned officer of the Regular Corps retired for disability from disease or injury incurred in line of duty, or a commissioned officer of the Reserve Corps retired for disability from disease or injury incurred in line of duty in time of war, shall be entitled, except as provided in subsection (c), to receive retired pay at the rate of 75 per centum of his active pay at the time of retirement. Retirement age (b) A commissioned officer shall be retired on the first day of the ryg officer in month following his sixty-fourth birthday. If he is an officer in the R lo. Regular Corps, he shall, except as provided in subsection (c), be entitled to receive retired pay at the rate of 75 per centum of his active pay at the time of retirement. fficers of Regul (c) 1) Any commissioned officer of the Regular Corps who at the Corps over 45 when rginaUy appointed time of his original appointment was more than forty-five years of age shall upon retirement, unless retired for disability from disease or injury incurred in time of war, be entitled to retired pay only at the rate of 4 per centum of his active pay at the time of retirement for each twelve months of active commissioned service, including any such service in the Army, Navy, or Coast Guard, but in no case more than 75 per centum of such active pay. Surgeon General o (2) The retired pay of any commissioned officer who has served puty Srgeon G- four years or more as Surgeon General or Deputy Surgeon General shall be based on the pay of the highest grade held by him as such Surgeon General or Deputy Surgeon General. nproiotton ow- (3) The retired pay of an officer of the Regular Corps who has ing to disability. Corps failed, by reason of disability incurred in line of duty, to receive a promotion to which he would otherwise have been entitled, shall be based on the pay of the grade to which, but for such disability, he would have been promoted. ducall to active (d) An officer retired for disability who is found to have recovered from his disability, and in time of war an officer who has been retired for age, may in accordance with regulations of the President be recalled to active duty. Voluntary retire- / Wit melnt ary etireas (e) With the approval of the President a commissioned officer who Surgeon General. has served four years or more as Surgeon General and who has had not less than twenty-five years of active commissioned service in the Service may retire voluntarily, either at the termination of his term as Surgeon General or at any time thereafter; and his retired pay shall be at the rate of 75 per centum of the pay of the highest grade held by him as such Surgeon General. cRe.on rat. f. (f) Commissioned officers of the Reserve Corps, while on active duty, shall be deemed to be officers of the executive branch of the 4 Stat. 905. 6U. ., 8spp. Government within the meaning of section 3 of the Civil Service mla URetirement Act, as amended (U. S. C ., 1940 edition, title 5, section 693). 688 [58 STAT.

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