Page:United States Statutes at Large Volume 71.djvu/429

 71 S T A T. ]

PUBLIC LAW 85-157-AUG. 21, 1957

"(3) Credit shall be allowed for leaves of absence granted a member while performing military service, excluding from credit so much of any other leaves of absence without pay as may exceed six months in the aggregate in any calendar year. "(4) A member who, during any war or national emergency as proclaimed by the President or declared by the Congress, has left or leaves his position to enter the military service shall not be considered, for the purposes of this section, as separated from his position by reason of such military service, unless he shall apply for and receive his salary deductions: Provided, That such member shall not be considered as retaining such position beyond December 31, 1957, or the expiration of live years of such military service, whichever is later. "(5) Each member shall be allowed credit for government service performed prior to appointment in any of the departments mentioned in paragraph (1), subsection (a) of this section: Provided, That such member deposits with the Collector of Taxes of the District of Columbia, for credit to the revenues of the District of Columbia, a sum equal to the entire amount including interest, if any, refunded to him for such period of government service: Provided further, That if such member so elects he shall deposit with the Collector of Taxes of the District of Columbia, the total amount of such refund in equal monthly installments not exceeding 2-1. "(6) The total service of a member shall be the full years and twelfth parts thereof, excluding from the aggregate any fractional part of a month. "(7) Notwithstanding any other provision of this subsection, any military service (other than military service covered by military leave with pay from a civilian position) performed by an individual after December 1956 shall be excluded in determining the aggregate period of service upon which an annuity payable under this Act to such individual or to his widow or child is to be based, if such individual or widow or child is entitled (or would upon proper application be entitled), at the time of such determination, to monthly old-age or survivors benefits under section 202 of the Social Security Act based on such individual's wages and self-employment income. If in the case of the individual or widow such military service is not excluded under the preceding sentence, but upon attaining retirement age (as defined in section 216(a) of the Social Security Act) he or she becomes entitled (or would upon proper application be entitled) to such benefits, the Commissioners shall redetermine the aggregate period of service upon which such annuity is based, effective as of the first day of the month in which he or she attains such age, so as to exclude such service. The Secretary of Health, Education, and Welfare shall, upon the request of the Commissioners, inform the Commissioners whether or not any such individual or widow or child is entitled at any specified time to such benefits. "DEDUCTIONS, DEPOSITS, AND REFUNDS

" (d)(1) From and after the first day of the first pay period which begins on or after October 1, 1956, there shall be deducted and withheld from each member's basic salary an amount equal to QV^ per centum of such basic salary. Such deductions and withholdings shall be paid to the Collector of Taxes of the District of Columbia, and shall be deposited in the Treasury to the credit of the District of Columbia. "(2) Any member coming under the provisions of this section who is separated from his department, except for retirement as authorized by this section, shall be refunded the amount of the deductions made

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42 USC 4i6.

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