Page:United States Statutes at Large Volume 61 Part 1.djvu/884

 PUBLIC LAWS-CH. 512-AUG. 7, 1947 in which then serving upon the completion of a total of thirty years of active naval service, exclusive of active duty for training in a Reserve component, with retired pay at the rate of 75 per centum of his active-duty pay. cetireind ades above (g) Officers above the grade of lieutenant who are placed on the lieutenant. retired list pursuant to the provisions of this section shall be placed thereon with retired 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- Fractionalyear. 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: Provided further, That the retired pay of an officer commissioned in the Regular Navy pursuant to the provisions of the Act approved April 18, 1946 60 tat. 92. (Public Law 347, Seventy-ninth Congress), or one commissioned in 34U. S. C.§2etseq Ante, p. 78; post the Regular Navy subsequent to September 8, 1939, while serving on pp.867,877. active duty as an officer of the Naval Reserve, who is so placed on the retired list, shall not be less than 50 per centum of his active-duty pay at the time of retirement. Honorable dis- (h) Lieutenants, except lieutenants of the Nurse Corps and lieu- rge tenants (junior grade), who shall have twice failed of selection for promotion to lieutenant commander and lieutenant, respectively, and officers whose names are reported in accordance with paragraph (2) Ante, p. 861. of subsection 309 (c) of this Act, shall be honorably discharged from the Navy on June 30 of the fiscal year in which they fail of such selec- tion the second time, or in which their names are reported in accord- ance with paragraph (2) of subsection 309 (c) of this Act, with a lump-sum payment computed on the basis of two months' active-duty pay at the time of discharge for each year of commissioned service Ante,p. 798. computed in accordance with subsection 102 (d) for line officers or Ante, p.816. subsection 202 (d) for staff officers, but not to exceed a total of two Fractional year. years' active-duty pay: Provided,That for the purpose of this sub- section a fractional year of six months or more shall be considered a full year in computing the number of years commissioned service upon which to base such lump-sum payment: And provided further, That an officer designated for limited duty, instead of such separation from the active list, shall have the option described in subsection (f) of this section. Physical disability. (i) Officers on a promotion list who, at any time prior to promotion, are found incapacitated for service by reason of physical disability contracted in line of duty shall, when retired, be retired in the rank for which they were selected, with retired pay at the rate of 75 per centum of the active-duty pay of the grade to which selected. For the purpose of this subsection, officers on a promotion list for tem- porary promotion to the next higher grade shall be considered to be on the promotion list for permanent promotion thereto. deliaedbilityi o (j) The provisions of this title relating to the discharge or retire- to officersabovegrade ment of cers who have twice failed of selection for temporary of ensign. promotion shall be applicable to officers above the grade of ensign who fail on professional reexamination for temporary promotion in the same manner as if such officers had twice failed of selection for temporary promotion. etlred rank, etc. (k) Nothing in this section shall be held to reduce the retired rank or pay to which an officer would be entitled under other provisions of law. 860 [61 STAT.

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