Page:United States Statutes at Large Volume 72 Part 1.djvu/581

 72 S T A T. ]

539

PUBLIC LAW 85-608-AUG. 8, 1958

Nothing contained in this subsection shall affect the payment of compensation under entitlement of this Act derived otherwise than by reason of this subsection, but compensation for disability or death shall not accrue for any period of time for which pay, other benefit, or gratuity from the United States on account of detention by the enemy, or by reason of the same disability or death, accrues to the disabled person or his dependents, unless such pay, benefit, or gratuity is refunded or renounced." SEC. 302. Section 40 of the Federal Employees' Compensation Act, as amended, is further amended by adding, after subsection (i) the following four new subsections: "(j) The term 'war-risk hazard' means any hazard arising during a war in which the United States is engaged; during an armed conflict in which the United States is engaged, whether or not war has been declared; or during a war or armed conflict between military forces of any origin, occurring within any country in which a person covered by this Act is serving; from— "(1) the discharge of any missile (including liquids and gas) or the use of any weapon, explosive, or other noxious thing by a hostile force or person or in combating an attack or an imagined attack by a hostile force or person; or "(2) action of a hostile force or person, including rebellion or insurrection against the United States or any of its allies; or "(3) the discharge or explosion of munitions intended for use in connection with a war or armed conflict with a hostile force or person as defined herein; or "(4) the collision of vessels on convoy or the operation of vessels or aircraft without running lights or without other customary peacetime aids to navigation; or "(5) the operation of vessels or aircraft in a zone of hostilities or engaged in war activities, " (k) The term 'hostile force or person' means any nation, any subject of a foreign nation, or any other person serving a foreign nation (1) engaged in a war against the United States or any of its allies, (2) engaged in armed conflict, whether or not war has been declared, against the United States or any of its allies, or (3) engaged in a war or armed conflict between military forces of any origin in any country in which a person covered by this Act is serving. "(1) The term 'allies' means any nation with which the United States is engaged in a common military effort or with which the United States has entered into a common defensive military alliance. " (m) The term 'war activities' includes activities directly relating to military operations." SEC. 303. Section 5(b) of the Act of July 28, 1945 (ch. 328, 59 Stat. 505), as amended (5 U.S.C. 801), and section 5(b) of the Act of June 30, 1953 (67 Stat. 134) are repealed.

39 Stat. 750. 5 USC 790.

Definitions.

Repeals. 5 USC note.

801 and

TITLE IV—MISCELLANEOUS SEC. 401. Section 2 of the Act of June 30, 1953 (67 Stat. 134), is repealed and section 101(c) of the Act of December 2, 1942 (ch. 668, 56 Stat. 1030), is reenacted. SEC. 402. The effective date of this Act is June 30, 1958. Persons are entitled to the benefits of this Act notwithstanding the fact that an injury, disability, or death occurred after June 30, 1958, and before the date of enactment of this Act. Approved August 8, 1958.

Repeal. 42 USC 1701. Effective date.

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