Page:United States Statutes at Large Volume 62 Part 1.djvu/1119

 62 STAT.] 80TH CONG., 2D SESS.-CH. 708-JUNE 29,1948 with such standards and qualifications shall be determined periodi- cally. Whenever any member of any such reserve component there- after shall fail to conform to the standards and qualifications so prescribed he shall be transferred to an inactive reserve status if qualified for such status, retired without pay if qualified for such retirement, or his appointment or enlistment shall be terminated. Such action shall effect a termination of such person's right to accrue retirement benefits under this title but shall not affect any rights which have accrued prior to the time that such action shall have been taken with respect to such person: Providedfurther, That the Secre- tary of the Navy with respect to personnel of the Navy and Marine Corps, including the reserve components thereof, shall determine what has constituted, prior to the date of enactment of this title, satisfactory performance of Federal service other than active Federal service. SEC. 305. The provisions of this title shall not be applicable to any officer or enlisted person of the Regular or reserve components of the Army, Navy, Air Force, or Marine Corps who, prior to or subsequent to the date of enactment of this title, is entitled to receive, or is receiv- ing under any other provision of law, retired pay for military or naval service, including retainer pay as a transferred member of the Fleet Reserve. No period of service otherwise creditable in determining the eligibility of any person to receive, or the amount of, any annuity, pension, or old-age benefit payable under any provision of law on account of civilian employment, in the Federal Government or other- wise, shall be excluded in such determination because such period of service may be included, in whole or in part, in determining the eligibility of such person to receive, or the amount of, any retired pay payable under this title. SEC. 306. For the purposes of this title- (a) The term "Federal service" shall be deemed to include all active Federal service and all service in a reserve component other than active Federal service, or both, except as provided in (e) and (f) below. (b) Satisfactory Federal service or Federal service satisfactorily performed, as used in this title in referring to Federal service herein mentioned, shall be deemed to mean that the person concerned shall have conformed to such standards and qualifications as may have been required of him. (c) Service in a reserve component, as used in this title, shall consist of service in the following organizations, and shall be deemed to be Federal service for the purposes of this title-- (1) the National Guard of the United States; (2) the National Guard while in the service of the United States; (3) the federally recognized National Guard prior to 1933; (4) a federally recognized status in the National Guard prior to 1933; (5) the Officers' Reserve Corps and the Enlisted Reserve Corps prior to the enactment of Public Law 460, Eightieth Congress, approved March 25, 1948; (6) the Organized Reserve Corps; (7) the Army of the United States without component; (8) the Naval Reserve and the Naval Reserve Force, exclud- ing those members of the Fleet Reserve and the Fleet Naval Reserve transferred thereto after completion of sixteen or more years of active naval service; (9) the Marine Corps Reserve and the Marine Corps Reserve Force, excluding those members of the Fleet Marine Corps 68706°- -9 --pt. 1-69 1089 Procedure on non- conformance with standards. Termination of re- tirement benefits. Inapplicability of provisions. "Federal service." Ane, p. 87.

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