Page:United States Statutes at Large Volume 70.djvu/573

 70 S T A T. ]

PUBLIC LAW 676-JULY 9, 1956

517

or before" so that the second paragraph of section 3(a) will read as follows: "No claim shall be entertained by the Secretary of the Army unless it shall appear to his satisfaction that such claim was a part of a civil action filed against the United States in a United States district court on or before April 25, 1950, except that, for good cause, the Secretary may waive the limitation date of April 25, 1950, where it is shown that claimant, by reason of infancy, insanity, or other legal reason, was unable to bring such civil action." Approved July 9, 1956.

Public Law 676

CHAPTER 534

AN ACT To provide a lump-sum readjustment payment for members of the reserve components who are involuntarily released from active duty.

Tuly 9. 1956 [H. R. 9952]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Armed R^s^rVe A°t*^of Forces Reserve Act of 1952 (66 Stat. 481), as amended, is further ^^i^j/'"®"fj^®"*amended by adding the following section after section 264: Lun^-^'sum read"SEC, 265. (a) K member of a reserve component who is involun- J"stment payment, tarily released from active duty after the enactment of this section and after having completed immediately prior to such release at least five years of continuous active duty, except for breaks in service of not more than thirty days, as either an officer, warrant officer, or enlisted person, is entitled to a lump-sum readjustment payment computed on the basis of one-half of one month's basic pay in the grade in which he is serving at the time of release from active duty for each year of active service ending at the close of the eighteenth year. For the purposes of computing th« amount of readjustment payment (1) a part of a year that is six months or more is counted as a whole year, and a part of a year that is less than six months is disregarded, and (2) any prior period for which severance pay has been received under any other provision of law shall be excluded. There shall be deducted from any lump-sum readjustment payment any mustering-out pay received under the provisions of the Mustering-Out Payment Act of gg58stat.8;66stat. 1944 or the Veterans Readjustment Assistance Act of 1952. ^^33 USC 691, 90i "(b) The following persons are not entitled to any payments under p^ersons not ««t h i s section:

"(1) A person who is released from active duty at his own request. "(2) A person who is released from active duty for training. "(3) Under regulations prescribed by the Secretary of Defense, or by the Secretary of the Treasury with respect to members of the Coast Guard when the Coast Guard is not operating as a service in the Navy, a person who is released from active duty because of moral or professional dereliction. "(4) A person who upon release from active duty is immediately eligible for retired pay, retirement pay, or retainer pay based entirely on his military service under any provision of law. "(5) A person who upon release from active duty is immediately eligible for severance pay based on his military service under any other provision of law. However, such a person may elect to receive either readjustment pay under this section or severance pay, but not both. "(6) A person who upon release from active duty is eligible for disability compensation under laws administered by the Veterans' Administration. However, such a person may elect to receive either

""*''* *° payment.

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