Page:United States Statutes at Large Volume 63 Part 1.djvu/867

 63 STAT.] 81sT CONG., 1ST SESS.-CH. 681 -OCT. 12,1949 RETIRED AND RETAINER PAY OF MEMBERS ON RETIRED LISTS OR RECEIVING RETAINER PAY 829 SEC. 511. On and after the effective date of this section (1) mem- bers of the uniformed services heretofore retired for reasons other than for physical disability, (2) members heretofore transferred to the Fleet Reserve or the Fleet Marine Corps Reserve, and (3) members of the Army Nurse Corps or the Navy Nurse Corps heretofore retired under the Act of May 13, 1926 (44 Stat. 513), shall be entitled to 44 stat. . 1 receive retired pay, retirement pay, retainer pay, or equivalent pay, 1032; 34 U.. .c. in the amount whichever is the greater, computed by one of the follow- |t436 0 44a;no pp I ing methods: (a) The monthly retired pay, retainer pay, or equiva- Computation of lent pay in the amount authorized for such members and former pay. members by provisions of law in effect on the day immediately pre- ceding the date of enactment of this Act, or (b) monthly retired pay, retirement pay, retainer pay, or equivalent pay equal to 21/2 per centum of the monthly basic pay of the highest federally recognized rank, grade, or rating, whether under a permanent or temporary appoint- ment, satisfactorily held, by such member or former member, as deter- mined by the Secretary concerned, and which such member, former member, or person would be entitled to receive if serving on active duty in such rank, grade, or rating, multiplied by the number of years of active service creditable to him: Provided, That for the purpose of Fractonal year. the computation of (b) above, fractions of one-half year or more of active service shall be counted as a whole year: Providedfurther,That Limitation. in no case shall such retired pay, retainer pay, or equivalent pay exceed 75 per centum of the monthly basic pay upon which the com- putation is based: Provided further, That for the purposes of this "Acte service." section, the term "active service" as used herein shall mean all service as a member or as a former member of the uniformed services, or as a nurse, or as a contract nurse prior to February 2, 1901, or as a reserve nurse subsequent to February 2, 1901, or as a contract surgeon, or as a contract dental surgeon, or as an acting dental surgeon, or as a veterinarian in the Quartermaster Department, Cavalry, or Field Artillery, or as an Army field clerk or as a field clerk, Army Quarter- master Corps, while on the active list or on active duty or while par- ticipating in full-time training or other full-time duty provided for or authorized in the National Defense Act, as amended, the Naval 1 1s st . t 166; 5 stat. Reserve Act of 1938, as amended, or in other provisions of law, includ- 10 u. 8 .c. 2adea ing participation in exercises or performance of the duties provided Lu. . II eti.: 2 for by sections 5, 81, 92, 94, 97, and 99 of the National Defense Act, as U. C .18s l'; upp. amended, and in the case of commissioned officers of the Public Health "I, 8Wsb d eq.g Service, that service which is creditable pursuant to part (3) of section swo. PP. 83' 412 of this Act: Providedfurther That the retired or retirement pay 9 tt7. 2 of each member referred to in (35 above shall, unless a higher rank 025,. c. C. 4,." - or grade is authorized by any provision of law, be based upon the com- i, 63-36, 141-146, s- missioned-officer grade authorized for such member by the Act of '7st,p.s,62. May 7, 1948 (Public Law 517, Eightieth Congress): Provided fur- A62St p. 824 . ther, That (a) enlisted persons or former enlisted persons of the Reg- 10 u. s. c., supp. 1n 99 1033-1035; 34 ular Army or Regular Air Force who have been transferred prior to :Us. C., Supp. 1 , the effective date of this section to the Enlisted Reserve Corps or §a30ms 0 - 30 years' servioe re- to the enlisted section of the Air Force Reserve and placed on the qurement. retired list of the Regular Army or the Regular Air Force, respec- tively, under the provisions of section 4 of the Act of October 6, 1945 (59 Stat. 539; 10 U. S . C . 948), as amended, and (b) enlisted persons or former enlisted persons of the Regular Navy or Regular Marine Corps who have been transferred prior to the effective date of this section to the Fleet Reserve or the Fleet Marine Corps Reserve under

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