Page:United States Statutes at Large Volume 70.djvu/917

 70 S T A T. ]

PUBLIC L,AW 881-AUG. 1, 1956

(whichever is the later date) for a member of a uniformed service on active duty of the same rank (with the same cumulative years of service for purposes of pay) as that of the deceased member or former member of a uniformed service on the date of his last discharge or release from active duty under conditions other than dishonorable; however, if his death results from disease or injury incurred or aggravated while on active duty for training, or from injury incurred or aggravated while on inactive duty training, after such last discharge or release from active duty, his rank and years of service for purposes of pay shall be those held bj[ him on the date of his discharge or release from the period of active duty for training or inactive duty training in which such injury or disease was incurred or aggravated. (C) With respect to a deceased person who is not a member or former memh^r of a uniformed service, but who had a compensable status on the date of his death under laws administered Dy the Veterans' Administration, the head of the department under which such person performed the services by which he obtained a compensable status shall determine a pay grade for such person under section 201(a) of the Career Compensation Act of 1949, as amended, and a rate of pay within that pay grade (taking into consideration his duties, responsibilities, and years of service). His "basic pay" shall be that prescribed on January 1, 1957, or the date of his death, whichever is the later date, under such section 201(a) for the pay grade and rate of pay so determined. For the purposes of title II of this Act, only, such persons shall be deemed to have been on active duty during the period of service by which they obtained a compensable status. (D) Whenever oasic pay prescribed by section 201(a), 201 (e), 201 (f), or 508 of the Career Compensation Act of 1949 is increased or decreased, "basic pay" determined pursuant to this paragraph (11) shall increase or decrease accordingly. (E) Any person described in paragraph (2)(E) who suffers an injury or disease resulting in disability or death while en route to or from, or at, a place for final acceptance or entry upon active duty in the military or naval service shall be deemed to be on active duty when such incident occurs, and to be entitled to the basic pay of the pay grade which he would receive upon final acceptance or entry upon active duty in such service. (F) The Secretary concerned shall, at the request of the Administrator, certify to him the basic pay considering rank or grade and cumulative years of service for pay purposes of deceased persons with respect to whose deaths applications for benefits are filed under title II of this Act. The certification of the Secretary concerned shall be binding upon the Administrator. (12) Where an individual is discharged or released on or after January 1, 1957, from a period of active duty, such individual shall be deemed to continue on active duty and to be entitled to basic pay (and any special or incentive pays) at the rate to which he was entitled on the day prior to his discharge or release from such duty, during the period of time immediately following the date of such discharge or release determined by the Secretary concerned to be required for him to proceed to his home by the most direct route, and in any event, until midnight of the date of such discharge or release.

861

3^ use 232.

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37use 232. 308.

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