Page:United States Statutes at Large Volume 63 Part 1.djvu/857

 81ST CONG. , 1ST SESS. - CH. 681 -OCT. 12 ,1949 been promoted but for such disability, if such rank, grade, or rating is higher than any other rank, grade, or rating upon which such pay is herein authorized to be computed and which such member would have been entitled to receive if serving on active duty in such rank, grade, or rating: And provided further, That for any member who, or any reason, has been or hereafter may be retired or whose name is carried on a temporary disability retired list and who, while in such status, serves on active duty, and while so serving, incurs a physical disability of 30 per centum or more in accordance with the standard schedule of rating disabilities in current use by the Veterans' Admin- istration or incurs a physical disability in addition to or an aggrava- tion of the physical disability for which he was retired or for which his name was placed on the temporary disability retired list, shall, if qualified therefor pursuant to this title, be entitled, on his return to a retired status or to the temporary disability retired list, to receive either (1) disability retirement pay as provided in this section, using as multipliers the highest percentages and basic pay which he attained while serving on such active duty, or (2) retirement pay or retired pay, as the case may be, as provided by any law in effect at the time of his retirement; and, in addition thereto, if such member is, during such period of active duty, promoted to a rank, grade, or rating higher than that rank, grade, or rating on which his retired pay, retirement pay, or disability retirement pay was based, and has served satis- factorily in such higher rank, grade, or rating as determined by the Secretary concerned, be entitled, on his return to a retired status or to the temporary disability retired list, to receive such retirement pay, disability retirement pay, or retired pay computed on the basis of the higher rank, grade, or rating and which such member would be entitled to receive if serving on active duty in such higher rank, grade, or rating. (e) A member of the uniformed services whose name has been placed upon the temporary disability retired list of his service shall be given periodic physical examinations, not less frequent than every eighteen months to determine whether the disability for which such member was temporarily retired has changed. If as a result of any such examinations, or upon the termination of a period of five years from the date of temporary disability retirement, it is determined (1) that the physical disability of such member is of permanent character and such disability is 30 per centum or more in accordance with the standard schedule of rating disabilities in current use by the Veterans' Administration, the name of such member shall be removed from the temporary disability retired list of his service and such member shall be permanently retired for physical disability and he shall be entitled to receive disability retirement pay as prescribed in subsection (d) of this section: Provided, That for the purpose of computing such pay the percentage of his physical disability shall be determined as of the time of his permanent retirement; (2) that the physical disability of such member is less than 30 per centum in accordance with the standard schedule of rating disabilities in current use by the Veterans' Adminis- tration, the name of such member shall be removed from the temporary disability retired list of the service concerned, and such member may be separated from the service concerned for physical disability and upon separation shall be entitled to receive disability severance pay as prescribed in section 403 of this title: Provided further, That at the end of a five-year period during which the name of a member is carried on a temporary disability retired list, the Secretary concerned shall make a final determination of such member's case and shall cause such member to be retired, separated, or treated as provided in section 405 of this title. Disability occurring on recall to active duty. Physical examina- tions. Permanent retire- ment. Determination of percentage disability. Disabilityseverance pay. Pos, p. 820. Final determina- tion. Pot p. 82L 63 STAT.] 819

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