Page:United States Statutes at Large Volume 62 Part 1.djvu/81

 80TH CONG., 2D SESS.- CH. 84-FEB. 28,1948 shall not be included, except that in the case of an officer or employee who is eligible for and receives retired pay on account of a service- connected disability incurred in combat with an enemy of the United States or resulting from an explosion of an instrument of war the period of the military service shall be included: Provided, That an Minimum service. officer or employee must have served for a total period of not less than five years exclusive of such military or naval service before he shall be eligible for annuity under this Act. Nothing in this Act shall be con- strued as to affect in any manner an officer's or employee's right to retired pay, pension, or compensation in addition to the annuity herein provided." SEC. 6. The first three paragraphs of section 6 of the Act of May 29, 6U.St.t47S711 1930, as amended, are amended to read as follows: 713. "Any officer or employee to whom this Act applies who shall have Ditsability retire- served for a total period of not less than five years computed as provided in section 5 of this Act, and who, before meeting the age and service 46 Stt. 72 707 requirements for retirement under section 1 (a) hereof, becomes totally An te, pp. 50, 48. disabled for useful and efficient service in the grade or class of position occupied by the officer or employee, by reason of disease or injury not due to vicious habits, intemperance, or willful misconduct on the part of the officer or employee, shall upon his own application or upon the request or order of the head of the department, branch, or independent office concerned, be retired on an annuity computed in accordance with the provisions of section 4 hereof: Provided, That proof of freedom Ante, p. 49. from vicious habits, intemperance, or willful misconduct for a period of more than five years next prior to becoming so disabled for useful and efficient service, shall not be required in any case. No officer or Physical examina- employee shall be retired under the provisions of this section unless examined by a medical officer of the United States, or a duly qualified physician or surgeon, or board of physicians or surgeons, designated by the Civil Service Commission for that purpose, and found to be disabled in the degree and in the manner specified herein. No claim Application for re- shall be allowed under the provisions of this section unless the applica- tion for retirement shall have been executed prior to the applicant's separation from the service or within six months thereafter. The mtativer of time time limitation for execution of claims for retirement under the terms of this section may be waived by the Civil Service Commission in case of an officer or employee who at the date of separation from service or within six months thereafter is receiving hospital treatment, but the application in such case must be filed with the Civil Service Commission not later than six months after the termination of such hospitalization; in the case of any such person heretofore separated from service application may be filed within six months after the effective date of this Act. Such time limitation may similarly be waived in the case of an officer or employee who at the date of separa- tion from service or within six months thereafter is mentally incom- petent, but the application in such case must be filed with the Civil Service Commission within one year from the date of restoration of such person to competency or the appointment of a fiduciary whichever is the earlier. "Every annuitant retired under the provisions of this section unless tionAnnUal examina- the disability for which retired be permanent in character, shall at the expiration of one year from the date of such retirement and annually thereafter, until reaching age sixty, be examined under the direction of the Civil Service Commission by a medical officer of the United States, or a duly qualified physician or surgeon, or board of physicians or surgeons designated by the Civil Service Commission for that purpose, in order to ascertain the nature and degree of the annuitant's dis- ability, if any. If an annuitant shall recover before reaching age sixty 51 62 STAT.]

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