Page:United States Statutes at Large Volume 68 Part 1.djvu/197

 68 S T A T. ]

PUBLIC LAW 379-MAY 29, 1954

165

A fractional part of a year that is six months or more shall be considered a full year in computing the number of years of active service upon which to base this severance pay, (b) The acceptance of severance pay under this Act shall not deprive a person of any retirement benefits from the Government to which he would otherwise become entitled, but there shall be deducted from any such retirement benefits to such a person such portion thereof as is attributable to the active service in respect of which severance payment shall have been made to him under this Act until the total of the deductions so made equals the total of such serverance payment. APPOINTMENT OF CERTAIN PERSONS ENTITLED TO PERMANENT WARRANT OFFICE GRADE

SEC. 17. (a)(1) Each person who holds a letter of entitlement to an appointment as a permanent warrant officer of the regular service on the effective date of this Act, and (2) each person who would, if his active service as a commissioned officer were terminated on the effective date of this Act, be entitled, under section 1 of the Act of July 14, 1939 (53 Stat. 1001), to reappointment as a permanent warrant officer of the regular service shall, on the effective date of this Act, be tendered an appointment in the regular service to the permanent warrant officer grade established by this Act which corresponds to the pay grade as a permanent warrant officer to which his status entitled him on the day before the effective date of this Act. Warrant officers appointed pursuant to this subsection shall be appointed under section 5 (a) of this Act and shall be included in any redistribution under section 4 of this Act. (b) If a person tendered an appointment as a permanent warrant officer in the regular service under this section does not accept that appointment within such time as the Secretary may prescribe, his entitlement to a permanent warrant officer grade shall terminate.

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SUSPENSION o r LAWS AFFECTING W"ARRANT OFFICERS

SEC. 18. I n time of emergency hereafter declared by the President or by the Congress, and in time of war, the President is authorized, in his discretion, to suspend the operation of all or any part or parts of the several provisions of law pertaining to promotion, mandatory retirement or separation of warrant officers, of any of the Armed Forces. AMENDMENT O F EXISTING LAWS

SEC. 19. (a) Section 1505 of the Revised Statutes, as amended, is further amended to read as follows: "Any officer of the Navy of the grade of ensign or above on the active list who, upon examination for promotion, is found not professionally qualified, shall be suspended from promotion for a period of six months from the date of approval of said examination, and upon the termination of said suspension from promotion he shall be reexamined. In the case of his success upon such rexamination he shall, if otherwise qualified, be promoted and assigned the date of rank and precedence in the higher grade which he would have held had he not been suspended and shall be entitled to the pay and allowances of such higher grade from the date upon which he became eligible for promotion. Officers of the grade of ensign who fail on such rexamination shall be honorably discharged from the service with a lump-sum payment computed on the basis of two months' active duty pay at the time of discharge for each year of active commissioned service in the Regular Navy and Naval Reserve, exclusive of duty for training, but not to exceed a total of one year's active duty pay."

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