Page:United States Statutes at Large Volume 63 Part 1.djvu/871

 63 STAT.] 81ST CONG. , 1ST SESS.-CH. 681 -OCT. 12, 1949 entitled, subject to the provisions hereinafter listed, to receive in- creases in such retired pay, retirement pay, retainer pay, or equiva- lent pay for all active duty performed after retirement or transfer to the Fleet Reserve or the Fleet Marine Corps Reserve: Provided, That the retired pay, retirement pay, retainer pay, or equivalent pay to which such member or former member shall be entitled upon his release from active duty shall be computed by multiplying the years of service creditable to him for purposes of computing retired pay, retirement pay, retainer pay, or equivalent pay at the time of his retirement or transfer plus the number of years of subsequent active duty performed by him by 21/2 per centum, and by multiplying the product thus obtained by the base and longevity pay or the basic pay, as the case may be, of the rank or grade in which he would be eligible, at the time of his release from active duty, to be retired or trans- ferred except for the fact that he is already a retired person or a member of the Fleet Reserve or Fleet Marine Corps Reserve: Pro- vided, That for the purpose of computing increases in retired pay, retirement pay, retainer pay, or equivalent pay of any member or former member, fractions of one-half year or more of active duty performed subsequent to retirement or transfer by such member or former member shall be counted as a whole year: Provided further That in the case of an officer heretofore retired with pay computed at a rate of either 3 or 4 per centum as the multiplier for each year of service allowed in the computation of the retired pay, active duty performed subsequent to the effective date of this section shall not increase the retired or retirement pay for such officer upon his return to retired status unless such officer elects to have his retired or retire- ment pay computed by one of the two methods provided in section 511 of this Act, subject to the limitations imposed therein: And pro- vided further, That in no event shall retired pay, retirement pay, retainer pay, or equivalent pay exceed 75 per centum of the active- duty pay or basic pay which such person would be entitled to receive if he were serving on active duty in the rank or grade which is the basis for the computation of his retired pay, retirement pay, retainer pay, or equivalent pay. SAVING PROVISION AND AMENDMENTS RELATING TO MEMBERS OF THE MARINE BAND SEC. 517. (a) Section 11 of the Act of March 4, 1925, as amended by section 1 (c) of the Act of June 29, 1946 (60 Stat. 843; 34 U. S. C. 701), is hereby further amended to read as follows: "SEC. 11 . The band of the United States Marine Corps shall consist of one leader, who shall be paid the basic pay, the basic allowances, and such other allowances as are authorized by the Career Compensa- tion Act of 1949 to be paid to commissioned officers in pay grade 0-3 and with the same number of cumulative years of service; one second leader, who shall be paid the basic pay, the basic allowances, and such other allowances as are authorized by the Career Compensation Act of 1949 to be paid to warrant officers in pay grade W-3 and with the same number of cumulative years of service, and such other personnel in such numbers and distributed in such grades and ranks as the Secretary of the Navy may determine necessary and appropriate: Provided, That hereafter during concert tours approved by the Presi- dent, personnel of the Marine Band shall suffer no loss of allowances." (b) Personnel of the band of the United States Marine Corps serving under appointments authorized by law in effect on the date of enactment of this Act who may be appointed to appropriate grades or ranks in consequence of the amendment of such law by subsection (a) of this section shall not suffer by reason of such appointment any 81939--60- -r. x- - 833 Computation of pay. Fractional year. Election of oompu- tation method. Ante, p. S. Limitation. 43 Stat. 1274 . Concert tours.

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