Page:United States Statutes at Large Volume 62 Part 1.djvu/76

 PUBLIO LAWS--CH. 83-FEB. 28, 1948 Ante, p. 43. Officers in junior assistant grade. Crediting of service. Ante, p. 43. 58 Stat. 688. 42U.S. C. 212(b). Retirement. 58 Stat. 688. 42U. S.C.§212(c) (2). Retired pay for cer- tain officers. 68 Stat. 688. 42 U.S. C. §212(d). Retirement ofofficer in Regular Corps. Ante, p. 43. Retired pay. Termination of re- tired pay. which promoted equal to the excess of his years of service on the date of promotion over the years of service required for promotion to such grade under paragraph (2) of section 210 (d) of the Public Health Service Act, as amended by this Act. (2) Officers in the junior assistant grade in the Regular Corps who have, or who on or before July 1, 1948, will have four or more years of service in the junior assistant grade, shall be recommended to the President for promotion to the assistant grade, to be effective as of July 1, 1948, without examination and whether or not vacancies exist in such grade. For purposes of promotion and seniority in grade, an officer promoted under this paragraph shall be credited with the years of service equal to the excess of his years of service on the date of promotion over four years. (e) For purposes of seniority, any officer of the Regular Corps of the Public Health Service on the date of enactment of this Act shall be considered as having had service in the grade which he holds on such date equal to the excess of the service credited to him for promotion purposes over the length of service required under section 210 (d) (2), as amended by this Act, for promotion to such grade. (f) Except as provided in subsection (d) of this section, the pro- visions of this section shall not, prior to July 1, 1948, affect the term or tenure of office (including any office held under temporary promo- tion) of any commissioned officer of the Service in office upon the date of the enactment of this Act. SEC. 7. (a) The first sentence of subsection (b) of section 211 of such Act is amended to read: "A commissioned officer shall be retired on the first day of the month following the month in which he attains the age of sixty-four years; and a commissioned officer may be retired by the Administrator, and shall be retired if he applies for retirement, on the first day of any month after completion of thirty years of active commissioned service in the Service." (b) Paragraph (2) of subsection (c) of such section is amended to read: "(2) The retired pay to which an officer, who has served four years or more as Surgeon General, Deputy Surgeon General, or Assistant Surgeon General, is entitled shall be based on the pay of the highest grade held by him as such Surgeon General, Deputy Surgeon General, or Assistant Surgeon General." (c) Subsection (d) of such section is amended by changing the words "for age" to "under the provisions of subsection (b)". (d) Section 211 of such Act is further amended by adding at the end thereof the following new subsections: "(g) An officer of the Regular Corps in the senior assistant grade in a category in which the full grade is a restricted grade, who has had twenty years of active commissioned or noncommissioned service in the Service (including any active Federal service in the armed forces) or has attained the age of fifty, or an officer of the Regular Corps in the full grade in a category in which the senior grade is a restricted grade, who has had twenty-five years of such service or has attained the age of fifty-five, may be retired in accordance with regulations of the Administrator if he has not been found pursuant to section 210 (c) to be qualified for promotion to the full grade or the senior grade, as the case may be. The retired pay of any such officer shall be at the rate of 2/2 per centum of his active-duty pay at the time of retirement for each complete year, not in excess of thirty, of such service. "(h) Retired pay pursuant to this section shall be terminated if the officer receiving such pay is recalled to active duty or, in the case of an officer of the Reserve Corps, if he is found to have recovered from his disability. Such pay shall be suspended for any period [62 STAT.

�