Page:United States Statutes at Large Volume 62 Part 1.djvu/1114

 PUBLIC LAWS-CH. 708-JUNE 29, 1948 Disability retire- ment. Restriction Regulations. Back pay, allow- ances, etc. Repeals. 10U...C. I571 and note; Supp. I, 571 note. removal was (a) eligible for voluntary retirement under any pro- vision of law then in effect, or (b) shall be determined by retiring board action to have been eligible for retirement for disability on such date, shall upon application therefor be placed upon the retired list in the grade and with the retired play and other benefits to which he would have been entitled if he had been so retired: Provided,That no officer restored to the active list pursuant to the provisions of this section shall be retired pursuant to the provisions of this subsection. SEC. 108. (a) The Secretary of the Army and the Secretary of the Air Force may promulgate for their respective services such regula- tions as may be necessary to carry into effect the provisions of this title. (b) No back pay, allowances, or compensation shall accrue to any person by reason of the enactment of any provision of this title. SEC. 109. Section 24b of the National Defense Act, as amended by the Act of June 4, 1920 (41 Stat. 773), and the joint resolution of July 29, 1941 (55 Stat. 606), are hereby repealed: Provided, That all rights and benefits accrued under such laws prior to the date of enactment of this title shall hereafter remain in full force and effect. TITLE II RETIREMENT OF OFFICERS AND WARRANT OFFICERS OF THE REGULAR ARMY AND THE REGULAR AIR FORCE Officers' retired list. SEC. 201. Effective upon the enactment of this title the Secretary of the Army and the Secretary of the Air Force shall each establish Publication. for their respective services an officers' retired list, to be published annually in the official Register of the service concerned, upon which shall be placed the names of all the commissioned officers of the Reg- ular Army or the Regular Air Force, as the case may be, heretofore or hereafter retired from active service under any provision of law, without limit to the number of officers who may be placed thereon. Any provision of law requiring commissioned officers of the Regular Army or the Regular Air Force to be placed on the limited or unlimited retired list hereafter shall be deemed to refer to the officers' retired list established pursuant to this section. SEC. 202. That portion of section 5 of the Act of July 31, 1935 (49 Stat. 507), as amended by section 3 of the Act of June 13, 1940 (54 Stat. .s. ., upp. , 380; 10 U. S . C. 943a, 971b), ending with the colon following the first Retirement; service proviso thereof is hereby further amended to read as follows: "That requirements any officeronthe active list of the Regular Army, the Regular Air Force, or Philippine Scouts or any officer of the reserve components of the Army of the United States or of the Air Force of the United States who shall have completed not less than twenty or more than thirty years' active Federal service in the armed forces of the United States, at least ten years of which shall have been active commis- sioned service, may in the discretion of the Secretary of the Army or the Secretary of the Air Force, as the case may be, be retired upon his own application with annual pay equal to 21⁄22 per centum of the annual active duty base and longevity pay of the rank with which retired, multiplied by the number of years of service credited for longevity pay purposes and not to exceed a total of 75 per centum of Fractiona yar such annual active duty base and longevity pay: Provided, That in computing the number of years of such service for the purpose of determining the percentage of active-duty annual pay, and for no other Sre cript f urpose, any fractional part of a year amounting to six months or gner.ice ert more shall be counted as a complete year: Provided further, That for the purpose of determining years of service credited for longevity pay in the case of a general officer, such service shall be that which would 1084 [62 STAT.

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