Page:United States Statutes at Large Volume 67.djvu/540

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D e p o s i t s during non-pay period.

Payments by departments.

Erroneous payment. Recovery.

Administration of Act. Report, B o a r d of Actuaries.

Assignment, e t c.

Accrual, e t c.

Additioned p e nsions.

PUBLIC LAW 239-AUG. 8, 1953

[67

ST A T.

to receive reduced retired pay in order to provide one or more of the annuities specified in section 4 of this Act, and who is subsequently removed from the list due to any reason other than permanent retirement shall have refunded to him a sum which represents the difference between the amount by which his retired pay has been reduced in accordance with his election under section 3 of this Act and the cost of an amount of term insurance which is equal to the protection provided his dependents during the period he was on the temporary disability retired list. SEC. 5, A retired member of a uniformed service who has made the election specified in section 3 shall, during any period in which he is not receiving retired pay, deposit with the United States Treasury the amount which would have been withheld from his retired pay had he been receiving that pay. SEC. 6, Determination and certification of eligibility for, and payment of, annuities payable under this Act and any other payments or refunds authorized shall be made by the department concerned, except that payments for departments other than the military departments shall be made through the disbursing facilities of the Treasury Department. SEC. 7. (a) The head of the department concerned is empowered to use any means provided by law to recover amounts of annuities erroneously paid to any individual under this Act. The head of the department concerned may authorize such recovery by adjustments in subsequent payments to which the individual is entitled. (b) There need be no recovery as provided in subsection (a) of this section when, in the judgment of the head of the department concerned, and the Comptroller General of the United States, the individual to whom the erroneous payment has been made is without fault and recovery would be contrary to the purpose of this Act or would be against equity and good conscience. SEC. 8. This Act shall be administered under regulations prescribed by the President, which regulations shall be uniform insofar as practicable for all of the uniformed services. The President shall report annually to the Congress upon the operation of this Act. For the purpose of advising in the administration of this Act, the President shall convene annually, or oftener if he deems necessary, a Board of Actuaries to be composed of the Government Actuary, the Chief Actuary of the Social Security Administration, and an actuary to be selected from the membership of the Society of Actuaries. The compensation of the actuary selected from the membership of the Society of Actuaries shall be fixed by the President. The tables to be used in computing dedvictions in retired or retirement pay to provide the annuities under this Act shall be those recommended by the Board of Actuaries. SEC. 9. No annuity payable under this Act shall be assignable, either in law or equity, or be subject to execution, levy or attachment, garnishment, or other legal process. SEC. 10. All annuities payable under this Act shall accrue from the first day of the month in which the retired member dies and shall be due and payable not later than the fifteenth day of each month following that month and in equal monthly installments thereafter, except that no annuity shall accrue or be paid for the month in which entitlement to that annuity terminates. SEC. 11. Annuities payable under this Act shall be in addition to any pensions or other payments to which the beneficiaries may now or hereafter be entitled under other provisions of law, and shall not be considered income under any law administered by the Veterans' Administration.

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