Page:United States Statutes at Large Volume 61 Part 1.djvu/69

 61 STAT.] 80TH CONG. , 1ST SESS.-CH. 38 -APR. 16, 1947 Army, after twenty years' active Federal service in the armed forces of the United States, may upon her request, at the discretion of the Secretary of War, be retired and shall receive retired pay equal to 21/2 per centum of the base and longevity pay she would receive if serving on active duty in the grade in which retired, multiplied by a number equal to the number of years of such active Federal service: Provided, That in computing the number of years of such service for the purpose of determining the percentage of active-duty pay, and for no other purpose, any fractional part of a year amounting to six months or more shall be counted as a complete year: Provided further, That in no event shall such retired pay exceed 75 per centum of such base and longevity pay: And provided further, That regardless of the years of service completed, at any time after such an officer shall have attained the age of fifty, if her permanent grade is below that of major, or at any time after such an officer shall have attained the age of fifty-five, if her permanent grade is major or higher, she may, at the discretion of the Secretary of War with- out her consent, be retired and upon such retirement she shall receive retired pay equal to 21/2 per centum of the base and longevity pay she would receive if serving on active duty in the grade in which retired, multiplied by a number equal to the number of years of her active Federal service, but in no event shall such retired pay exceed 75 per centum of such base and longevity pay. (b) Unless entitled to higher retired rank or pay under any pro- vision of law, each commissioned officer who shall have served for four years as Chief of the Army Nurse Corps, Regular Army, or as Chief of the Women's Medical Specialist Corps, Regular Army, or as an Assistant Chief of the Women's Medical Specialist Corps, Regular Army, shall upon retirement be retired with the rank held by her while so serving, and shall receive retired pay at the rate prescribed by law, computed on the basis of the base and longevity pay which she would receive if serving on active duty with such rank, and if thereafter recalled to active service, shall be recalled in such rank and shall constitute an additional number therein: Provided, That the commissioned officer first appointed as Chief of the Army Nurse Corps and the commissioned officer first appointed as Chief of the Women's Medical Specialist Corps, pursuant to this Act, shall, with- out limitation as to the time they shall serve in such capacities, )upon retirement be retired with the rank held while so serving, and shall receive retired pay at the rate prescribed by law, computed( on the basis of the base and longevity pay they would receive if serving on active duty with such rank. (c) In determining eligibility for retirement and the percentage of active-service pay to be employed in computing the amount of retired pay under any provision of law, each commissioned officer on the active list of the Regular Army who is commissioned in any of the corps established by this Act, shall be deemed to have at least the same length of continuous active commissioned service in the Regular Army as any officer junior to her rank in the Medical Department of the Regular Army. SEC. 109. Except as otherwise specifically provided, all laws now or hereafter applicable to male commissioned officers of the Regular Army, to former male commissioned officers of the Regular Army, and to their dependents and beneficiaries, shall in like cases be applicable respectively to commissioned officers of any of the corps established by this Act, Regular Army, to former commissioned officers of any of the corps established by this Act, Regular Army, and to their dependents and beneficiaries. 45 Retired pay. Fractional part of year. Limitation. Retirement ages 50 and 55. after Retired pay. Limitation. Retired rank, etc., of Chiefs and Assist- ant Chiefs. Officers first ap- pointed Chiefs. Continlluou active commissioned service in Regular Army. Applicability of laws to commissioned officers.

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