Page:United States Statutes at Large Volume 63 Part 1.djvu/855

 63 STAT.] 81ST CONG. , IST SESS.-CH. 681- -OCT. 12, 1949 member may be retired by the Secretary concerned and, upon retire- ment, shall be entitled to receive disability retirement pay as prescribed in subsection (d) of this section: Provided further,That if condition (3) above is not met because the disability is determined to be less than 30 per centum, the member concerned shall not be eligible for any dis- ability retirement provided in this section, but may be separated for physical disability from the service concerned and upon separation shall be entitled to receive disability severance pay as prescribed in section 403 of this title: Provided further, That any disability shown to have been incurred in line of duty during a period of active service in time of war or national emergency shall be considered to be the proximate result of the performance of active duty. (b) Upon a determination by the Secretary concerned (1) that a member of a Regular component of the uniformed services entitled to receive basic pay, or a member of a Reserve component of the uni- formed services entitled to receive basic pay who has been called or ordered to extended active duty for a period in excess of thirty days, is unfit to perform the duties of his ofice, rank, grade, or rating, by reason of physical disability incurred while entitled to receive basic pay; (2) that such disability is not due to the intentional misconduct or willful neglect of such member and that such disability was not incurred during a period of unauthorized absence of such member; (3) that such disability is 30 per centum or more in accordance with the standard schedule of rating disabilities in current use by the Vet- erans' Administration; (4) that such member has completed at least eight years of active service as defined in section 412 of this title; and (5) that accepted medical principles indicate that such disability may be of a permanent nature, the name of such member shall be placed upon the temporary disability retired list of his service by the Secre- tary concerned and such members shall be entitled to receive disability retirement pay as prescribed in subsection (d) of this section: Pro- vided, That if condition (5) above is met by a finding that such dis- ability is of a permanent nature, such member may be retired by the Secretary concerned and, upon retirement, shall be entitled to receive disability retirement pay as prescribed in subsection (d) of this sec- tion: Providedfurther,That if condition (3) above is not met because the disability is determined to be less than 30 per centum, the member concerned shall not be eligible for any disability retirement provided in this section, but may be separated for physical disability from the service concerned and upon separation shall be entitled to receive dis- ability severance pay as prescribed in section 403 of this title: And providedfurther,That regardless of the percentage of disability deter- mined to have been incurred, if condition (4) above is not met because the member concerned has completed less than eight years of active service as defined in section 412 of this title at the time he would other- wise have been retired pursuant to this subsection, the member con- cerned shall not be eligible for any disability retirement provided in this section, but may be separated for physical disability from the service concerned and upon separation shall be entitled to receive dis- ability severance pay as prescribed in section 403 of this title. (c) Upon a determination by the Secretary concerned (1) that a member of the uniformed services, other than those members covered in subsections (a) and (b) of this section, is unfit to perform the duties of his office, rank, grade, or rating by reason of physical dis- ability resulting from an injury; (2) that such injury was not the result of the intentional misconduct or willful neglect of such member; (3) that such disability is 30 per centum or more in accordance with te standard schedule of rating disabilities in current use by the Vet- erans' Administration; (4) that such injury was the proximate result 81939°0--PT. i- - -52 817 Post,p. 818. Disability severance pay. Post, p. 820. Disability incurred during war or national emergency. Disability with 8 years' service. Pod, p. 82. Pod, p. 818. Permanent disabil- ity. Disability severance pay. Pot, p. 820. Pot, p. 824. Post,p. 820. Part-time service members.

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