Page:United States Statutes at Large Volume 68 Part 1.djvu/196

 164

10 USC i^wel.

10 USC 1036a.

PUBLIC LAW 379-MAY 29, 1954

[68 S T A T.

(f) The provisions of this section or section 13 shall not prevent any warrant officer from electing to be placed on the retired list in the highest grade and with the highest retired pay to which he may be entitled under any other law. However, when the rate of pay of such highest grade is under any other law less than the pay of any warrant grade satisfactorily held on active duty, the retired pay shall be based on the higher rate of pay. (g) The separation of any person who, on the effective date of this Act, is a male warrant officer of a reserve component of the Armed Forces and who upon attaining the age of sixty-two has completed less than twenty years of satisfactory Federal service, as defined ^y section 302, Public Law 810, Eightieth Congress, may be deferred by the Secretary concerned until he completes twenty years of satisfactory Federal service, but not later than that date which is sixty days after the date on which he attains the age of sixty-four, and the separation of any person who, on the effective date of this Act, is a woman warrant officer of a reserve component of the Armed Forces who upon attaining the age of fifty-five has completed less than twenty years of satisfactory Federal service, as defined in section 302, Public Law 810, Eightieth Congress, may be deferred by the Secretary concerned until she completes twenty years of satisfactory Federal service, but not later than that date which is sixty days after the date on which she attains the age of sixty, E L I M I N A T I O N OF U N F I T OR UNSATISFACTORY W A R R A N T OFFICERS

SEC. 15, Under such regulations as the Secretary may prescribe and subject to the recommendations of a board of officers or a selection board under section 10 of this Act, when the records and reports of any permanent warrant officer of the regular service establish his unfitness or unsatisfactory performance of duty, he shall be retired if eligible for retirement under any provision of law, and his retired pay shall be computed as if he had been retired under the provisions of law under which such eligibility is established. If not eligible for such retirement, his appointment as a permanent warrant officer of the regular service and any other appointment which he may hold in any warrant officer or commissioned officer grade shall be terminated. If a warrant officer being separated under this section has completed more than three years' active service since the date of acceptance of his initial appointment as a permanent warrant officer of the regular service, he shall be separated and he shall be entitled to receive severance pay under section 16 of this Act, but in lieu of severance pay, upon his application he may, in the discretion of the Secretary, be enlisted in such grade as the Secretary may direct. If such a warrant officer has completed less than three years' active service since the date of acceptance of his initial appointment as a permanent warrant officer of the regular service, his appointment shall be terminated under section 6 of this Act. SEVERANCE PAYMENTS

SEC. 16. (a) Severance payments under this Act to permanent warrant officers of the regular service shall— (1) if the warrant officer is being separated because of failure of selection for promotion, be computed on the basis of two months' basic pay at the time of separation for each year of active service, but not to exceed a total of two years' basic pay; and (2) if the warrant officer is being separated because of unfitness or unsatisfactory performance of duty, be computed on the basis of one month's basic pay at the time of separation for each year of active service, but not to exceed a total of one year's basic pay.

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