Page:United States Statutes at Large Volume 60 Part 1.djvu/55

 PUBLIC LAWS-CH. 34 -FEB. 21, 1946 34U. s.C.,snpp. V, SEO. 8. (a) Section 10 of the Act approved July 24, 1941 (55 Stat. 5 605), is hereby amended to read as follows: Terminationoftem- "SEC. 10. (a) Personnel appointed or advanced under the authority porary sus. of this Act may be continued in their temporary status during such period as the President may determine, but not longer than six months after the termination of war or national emergency or, in the case of reserve and retired personnel, not longer than the period herein specified or the date of release from active duty whichever is the earlier and in no case longer than six months after the termination of war or national emergency. Upon the termination of their tem- porary status such personnel on the active list of the Regular Navy Retired list and Re- and Marine Corps shall assume their permanent status and those of serve omponents. the retired list and of the respective Reserve Components, including the Fleet Reserve and Fleet Marine Corps Reserve, shall have, when returned to an inactive status, the highest grade and rank in which, as determined by the Secretary of the Navy, they served satisfactorily under a temporary appointment, unless entitled to the same or higher 65 stat. 604. grade and rank pursuant to section 8 of this Act, as now or hereafter 34u.S.C., supp. v, § 350g. amended. post p. 0o. " (b) (1) Personnel of the retired list returned to an inactive status with higher rank pursuant to subsection (a) shall receive retired pay computed at the rate prescribed by law and applicable in each indi- vidual case but based upon such higher rank. retidnement po "(2) Personnel of the active list of the Regular Navy and Marine Corps and personnel of the Fleet Reserve and Fleet Marine Corps Reserve appointed or advanced under the authority of this Act shall, when subsequently retired, if not otherwise entitled to the same or higher grade and rank or retired pay, be advanced to the highest grade and rank in which, as determined by the Secretary of the Navy, they served satisfactorily under temporary appointments, and shall receive retired pay computed at the rate prescribed by law and applicable in each individual case but based upon such higher rank. Prior retirement. "(c) Personnel of the classes described above who have been retired or released from active duty prior to the date of this amendment shall be entitled to the benefits of this section from the date of retirement or release from active duty, as the case may be. Recall to active - ' duty, etc. t "(d) Personnel accorded higher rank pursuant to this section shall, if subsequently assigned active duty, be recalled to active duty in the grades, ranks or ratings, with which they were retired or returned to an inactive status unless under other provisions of law they are entitled to higher grades, ranks, or ratings. ighestra. (e) The highest rank in which an officer served on or prior to June 30, 1946, or if a prisoner of war at any time during World War II the highest rank to which an officer was temporarily appointed pursuant to the provisions of this Act, is the highest rank in which the officer may be retired and upon which his retired pay may be based pursuant to this section, unless under provisions of law other than those contained within this section he is entitled to a higher rank on the retired list or to a higher retired pay, or unless at the time of retirement he is serving in a higher permanent grade or rank." (b) Nothing contained in this section shall be construed as alter- 0u. -s .c.,upp.v, ing or amending any provision of section 7 of the Act approved app. §812. June 30. 1942 (56 Stat. 465). Reglar Navy and SEC. 9 . When any officer of the Regular Navy or Marine Corps Marine Corps. a Rak below feet serving in a rank below that of fleet admiral has attained the age of sixty-two years, he shall be placed upon the retired list by the President with the highest rank, permanent or temporary, held by 28 [60 STAT.

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