Page:United States Statutes at Large Volume 72 Part 1.djvu/1483

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STAT.]

PUBLIC LAW 86-86 1 - S E P T. 2, 1958

Secretary to active duty for the duration of the war or emergency and for six months thereafter. However— "(1) a member on an inactive status list or in a retired status may not be ordered to active duty under this subsection unless the Secretary concerned, with the approval of the Secretary of Defense in the case of the Secretary of a military department, determines that there are not enough qualified Reserves in an active status or in the inactive National Guard in the required category who are readily available • and "(2) a member of the Standby Reserve may not be ordered to active duty under this subsection unless the Director of Selective Service determines that the member is available for active duty." (14) Section 673 is amended— (A) by striking out the last sentence of subsection (a); and (B) by adding the following new subsection after subsection (b): "(c) Not more than 1,000,000 members of the Ready Reserve may be on active duty (other than for training), without their consent, under this section at any one time." (15) Chapter 39 is amended by inserting the following new sections iifter section 683: "§ 684. Payment of certain Reserves while on duty " (a) Except as provided by subsection (b)^ a Reserve of the Army, Navy, Air Force, or Marine Corps who because of his earlier military service is entitled to a pension, retired or retainer pay, or disability compensation, and who performs duty for which he is entitled fo compensation, may elect to receive for that duty either— " (1) the payments to which he is entitled because of his earlier military service; or "(2) if he specifically waives those payments, the pay and allowances authorized by law for the duty that he is performing. " (b) Unless the payments because of his earlier military service are greater than the compensation prescribed by subsection (a)(2), a Reserve of the Army, Navy, Air Force, or Marine Corps who because of his earlier military service is entitled to a pension, retired or retainer pay, or disability compensation, and who upon being ordered to active duty for a period of more than 30 days in time of war or national emergency is found physically qualified to perform that duty, ceases to be entitled to the payments because of his earlier military service until the period of active duty ends. While on that active duty, he is entitled to the compensation prescribed by subsection (a)(2). Other rights and benefits of the member or his dependents are unaffected by this subsection. "§685. Reserves: theological s t u d e n t s; limitations "A Reserve may not be required to serve on active duty, or to participate in inactive duty training, while preparing for the ministry in a recognized theological or divinity school." (16) The analysis of chapter 39 is amended by inserting the following new items: "684. Payment of certain Reserves while on duty. "685. Reserves: theological students; limitatious."

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