Page:United States Statutes at Large Volume 62 Part 1.djvu/330

 300 PUBLIC LAWS-CH. 390-JUNE 3, 1948 [62 STAT. Fractional year. Provided, That a fractional year of six months or more shall be con- sidered a full year in computing the number of years of service by which the rate of 22 per centum is multiplied. Dinsbility retire- (b) Each commissioned officer retired for physical disability incurred in line of duty shall receive retired pay at the rate of 75 per centum of the active-duty pay with longevity credit of the rank with which retired. Rank on retired SEC. 17. (a) Each commissioned officer heretofore or hereafter retired pursuant to any provision of law shall be placed on the retired list with the highest rank, permanent or temporary, held by him while on active duty, if his performance of duty, in the case of temporary rank, has been satisfactory as determined by the Secretary of the department or departments under whose jurisdiction the officer served, and shall receive retired pay based on such higher rank: Provided, "Temporary rank." That for the purposes of this section the words "temporary rank" shall mean temporary rank held prior to June 30, 1946. (b) Officers on the retired list returned to an inactive status with higher rank pursuant to subsection (a) of this section shall receive retired pay based on such higher rank. SEC. 18. Nothing in this Act shall prevent any officer from being placed on the retired list with the highest rank and with the highest retired pay to which he might be entitled under other provision of law. PERSONNEL BOARD SEC. 19. At least once a year and at such other times as may be necessary, the Secretary of Commerce shall appoint a personnel board consisting of not less than five officers not below the permanent rank of commander on the active list, to recommend such changes in the lineal list as the board may determine, and to make selections and recommendations for the promotion, separation, and retirement of officers as herein prescribed: Provided, That in case any recommenda- tion by the board is not acceptable to the Secretary of Commerce or to the President, the board shall make such further recommendations as shall be acceptable. AMENDMENTS TO AND REPEAL OF APPOINTMENT, PROMOTION, AND RETIREMENT LAWS 33 U. S .C. i862a. 56Stat. 8. 33 U. S. C. §852b. Director or Assist- ant Director. Repeal. 56Stat. 6. 33U.S.. § 851a, 864a, 85Mb, 854c, 86b, 864c. 66Stat. 8 33 U.S. C .§8d. SEC. 20. (a) Section 5 of the Act of February 16, 1929 (45 Stat. 1186), as amended by the Act of March 18, 1936 (ch. 147, 49 Stat. 1164), is hereby further amended by deleting the word "not" in the third line. (b) Section 8 of the Act of January 19, 1942 (59 Stat. 8), is hereby amended by deleting the word "not" in the fourth line, by changing the period at the end of the section to a colon, and by adding the words "Provided further, That any officer, upon expiration of his appointment as Director or Assistant Director, shall, unless reap- pointed, revert to the grade and number that he would have occupied had he not served as Director or Assistant Director. Such officer shall be an extra number in his grade and the authorized number of ensigns shall be decreased accordingly." SEC. 21. (a) Sections 1, 2 (except the second proviso of section 2 (b)), 3, 4, 5, and 6 of the Act of January 19, 1942 (59 Stat. 8), are hereby repealed. (b) The word "physicial" in the first line of section 7 of the said Act of January 19, 1942, is hereby amended to read "physical". Approved June 3, 1948.

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