Page:United States Statutes at Large Volume 63 Part 1.djvu/240

 PUBLIC LAWS-CH. 225 -JUNE 20,1949 34 U. S. C. §8 . Naval Reserve Act of 1938 (52 Stat. 1181) or retired pay under the provision of section 310 of the Naval Reserve Act of 1938 (52 Stat. 34 U.S. C. §si. 1183), he shall elect which benefit he shall receive." SEC. 2. The last proviso to section 5 of the Act entitled "An Act to provide more effectively for the national defense by carrying out the recommendations of the President in his message of January 12, 1939, 53 Stat. 57 . to the Congress", approved April 3, 1939, as amended, is amended to i0 U. S.C. § 456. Army or Air Force. read as follows: "Provided further, That all officers, warrant officers, and enlisted men of the Army of the United States, or the Air Force of the United States, other than the officers and enlisted men of the Regular Army, or the Regular Air Force who- "(1) if called or ordered into the active military service by the Federal Government for extended military service in excess of thirty days suffer disability or death in line of duty from disease while so employed; or "(2) if called or ordered by the Federal Government to active military service or to perform active duty for training or inactive- duty training for any period of time, suffer disability or death in line of duty from injury while so employed, shall be deemed to have been in the active military service during such period and shall be in all respects entitled to receive the same pensions, compensation, death gratuity, retirement pay, hospital benefits, and pay and allowances as are now or may hereafter be provided by law or regulation for officers and enlisted men of corresponding grades and length of service of the Regular Army or the Regular Air Force." National Guard. SEc. 3. All officers, warrant officers, and enlisted men of the National Guard of the United States, both ground and air, the federally recog- nized National Guard of the several States, Territories, and the Dis- trict of Columbia- (1) if engaged for periods in excess of thirty days in any type of training or active duty under sections 5, 81, 92, 94, 97, or 99 of 3 Stat. 167, 2, the National Defense Act, as amended, suffer disability or death 206, 207. lo u.s. C. o §4, in line of duty from disease while so engaged; or U. . 36. 3, 62-6, (2) if engaged for any period of time in any type of training I44 14617i-16; supp. or active duty under such sections of the National Defense Act, as amended, suffer disability or death in line of duty from injury while so employed, shall be in all respects entitled to receive the same pensions, compen- sation, death gratuity, retirement pay, hospital benefits, and pay and allowances as are now or may hereafter be provided by law or regu- lation for officers and enlisted men of corresponding grades and length of service of the Regular Army. Effective date. SEC. 4. The provisions of this Act shall be effective from August 14, 1945, but no back pay, pension, compensation, death gratuity, or retirement pay shall be held to have accrued as the result of the Monetary beneflts. enactment of this Act for any period prior to such date: Provided, That in the case of persons electing to receive the benefits of this Act, the amount of any monetary benefits received for any period subse- quent to August 14, 1945, under any provisions of law providing benefits for disability or death incident to the service described in sections 1, 2, and 3 of this Act, shall be deducted from the monetary benefits provided for herein. pror beneits. SEC. 5. Nothing contained in this Act shall be construed to deprive any person of any benefits to which he was entitled prior to its enactment. thApo atiopn an SEC. 6. There is hereby authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act. Approved June 20, 1949. 202 [63 STAT.

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