Page:United States Statutes at Large Volume 73.djvu/374

 336

PUBLIC LAW 86-155-AUG. 11, 1959

[73 S T A T.

his date of retirement deferred by the Secretary during the period the officer has the rank of rear admiral and has not attained the age of sixty-two years. (k) If the report of a board that considers officers for continuation on the active list under this section is approved less than six months before the end of the fiscal year, the retirement of officers who were considered but not recommended for continuation by that board shall be deferred until the first day of the seventh month following the month in which the report of the board is approved. SEC. 2. (a) An officer who is retired under this Act, unless otherwise entitled to a higher retired grade or higher retired pav, shall be retired in the grade in which he was serving at the time of retirement and is entitled to retired pay at the rate of 2 ^ percent of the basic pay to which he would be entitled if serving on active duty in the grade in which retired multiplied by the number of years of 1451. ^*^** ^^°' service that may be credited to him under section 1405 of title 10, United States Code. (b) The retired pay of any officer retired under this Act may not be less than 60 percent or more than 75 percent of the basic pay upon which the computation of retired pay is based. (c) I n determining the total number of years of service to be used as a multiplier in computing retired pay under subsection (b), and in determining the resultant number of years of early retirement under subsection (d), 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. (d) An officer who on the date of enactment of this Act is serving in the grade of captain or commander in the Regular Navy or colonel or lieutenant colonel in the Regular Marine Corps or is on a promotion list for promotion to one of those grades, who is not thereafter recommended for promotion to a higher grade, and whose name has not been reported in the approved report of a board in compliance with subsection 1(h) of this Act, and who is retired under this Act shall be paid, in addition to his retired pay, a lump-sum payment of $2,000, effective on the date of his retirement. (e) An officer who has the qualifications specified in subsection (d) and who has been considered but not recommended for continuation on the active list pursuant to section 1 of this Act shall be considered for the purpose of subsection (d) as being retired under this Act if the officer retires voluntarily prior to the date specified for his retirement under this Act. (f) An officer who is retired under this Act shall thereafter be considered as having retired voluntarily pursuant to section 6323 72 Stat. 1509. of title 10, United States Code. SEC. 3. Notwithstanding section 1431 of title 10, United States 70A Stat. 108. Code^ a change of an election made under that section by an officer who IS retired under this Act is effective if made at such a time that it would have been effective had he been retired on the date pre7ilt'lt.^384V 70A scribed by section 6376, 6377, or 6379 of title 10, United States Code, Stat. 404. ' as appropriate, and a revocation of an election made under that section by an officer retired under this Act is effective if made before his retirement. SEC. 4. (a) Until December 31, 1964, the Secretary of the Navy may establish zones of consideration for male officers of the Marine Corps serving in the grade of major, in addition to or instead of the promo70A Stat. 354. tion zones authorized by sections 5765(b) and (c) of title 10, United States Code. The zone of consideration for that grade shall include such number of officers who are eligible for consideration for promotion as the Secretary determines to best meet the needs of the Marine

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