Page:United States Statutes at Large Volume 62 Part 1.djvu/329

 80TH CONG., 2D SESS.-CH. 390-JUNE 3,1948 date of approval of the retirement or separation by the Secretary of Commerce, unless the officer concerned requests earlier retirement or separation, in which case the date shall be as determined by the Secre- tary of Commerce. SEC. 9. Any officer in the grade of lieutenant or lieutenant (junior grade) who is separated from the service in accordance with section 8 of this Act shall be paid a lump-sum payment computed on the basis of two months' active-duty pay with longevity credit at the time of separation for each year of service, but not to exceed a total of two years' active-duty pay with longevity credit: Provided, That for the purpose of this section a fractional year of six months or more shall be considered a full year in computing the number of years of service upon which to base such lump-sum payment. SEC. 10. (a) Promotions to all permanent grades shall be made by the President, by and with the advice and consent of the Senate. (b) In time of emergency declared by the President or by the Congress, and in time of war, the President is authorized, in his discretion, to suspend the operation of all or any part or parts of the several provisions of law pertaining to promotion. SEC. 11. Nothing in this Act shall be construed to modify the pro- visions of existing law relating to examination of officers for promotion, and no officer shall be promoted until he shall have passed the prescribed examinations. RETIREMENT OF OFfIEERS SEC. 12. (a) When any commissioned officer serving in a rank below that of rear admiral has attained the age of sixty years, he shall be placed on the retired list: Provided, That this subsection shall not become effective until a date six months subsequent to the enactment of this Act, and until such effective date the retirement age for officers serving in a rank below that of rear admiral shall be sixty-two years. (b) When any officer serving in a rank above that of captain has attained the age of sixty-two years, he shall be placed on the retired list: Provided,That the President may, in his discretion, defer placing any such officer on the retired list for the length of time he deems advisable but not later than the date upon which such officer attains the age of sixty-four years. SEC. 13. When any commissioned officer has completed thirty years of service, he may at any time thereafter, upon his own application, in the discretion of the President, be placed on the retired list. SEC. 14. When any commissioned officer is found incapacitated for active service and his incapacity is the result of disease or injury incurred in line of duty, he shall, upon approval of the President, be placed on the retired list. SEC. 15. In computing service for the purpose of retirement of a commissioned officer, there shall be included, in addition to active commissioned service in the Coast and Geodetic Survey, all active service counted on June 30, 1922, for longevity pay, service as author- ized in section 2 (b) of the Act of January 19, 1942 (56 Stat. 6), and all service in the Army, Navy, Air Force, Marine Corps, and Coast Guard which is now or hereafter may be authorized by law to be counted for the purpose of retirement of an officer of those services. SEC. 16. (a) Each commissioned officer on the retired list, except as provided in subsection (b) of this section or in some other provision of law, shall receive retired pay at the rate of 2/2 per centum of the active-duty pay with longevity credit of the rank with which retired, multiplied by the number of years of service for which entitled to credit in the computation of his pay while on active duty, not to exceed a total of 75 per centum of said active-duty pay with longevity credit: Lump-sum pay- ment. Fractional year. Senate approval. Suspension in time of war, etc. Officers ranking be- low rear admiral. Officers ranking above captain. Voluntary retire- ment. Service-incurred disability. Computation of service. 33 U.S. C. §85a (b). Pct,p. 300 . Retired pay. 62 STAT.] 299

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