Page:United States Statutes at Large Volume 77.djvu/222

 190

PUBLIC LAW 88-130-SEPT. 24, 1963

[77 STAT.

"§ 334. Retirement in cases where higher grade has been held " (a) Any commissioned officer, other than a commissioned warrant officer, who is retired under any provision of this title, shall be retired from active service with the highest grade held by him for not less than six months while on active duty in which, as determined by the Secretary, his performance of duty was satisfactory, with retired pay of the grade with which retired. "(b) Any warrant officer who is retired under any provision of 70A Stat. 22, section 564, 1263, 1293, or 1305 of title 10, shall be retired from active 101 service with the highest commissioned grade above chief warrant officer, W-4, held by him for not less than six months on active duty in which, as determined by the Secretary, his performance of duty was satisfactory, with retired pay of the grade with which retired. However, when the rate of pay of such highest grade is less than the pay of the warrant grade with which the officer would otherwise be 70A Stat. 104. retired under section 1371 of title 10, the retired pay shall be based on the higher rate of pay. "§ 335. Physical fitness of officers "The Secretary shall prescribe regulations under which the physical fitness of officers to perform their duties shall be periodically determined." (11) Section 433 is amended— (A) by striking out the words "two thousand two hundred and fifty" in subsection (a) and substituting in place thereof the words "total number of", and (B) by adding the following new subsection at the end: "(i) No personnel of the former Bureau of Marine Inspection and Navigation and Bureau of Customs transferred from those Bureaus 50 USC app. 601 to the Coast Guard by Executive Order 9083 and by Reorganization °«Plan Numbered 3, effective July 16, 1946, who are serving as com5JJSC i33y-i6 missioued officers in the Coast Guard, shall be required to retire from note active service under the provisions of section 288 of this title prior to completion of thirty years of active commissioned service, including service creditable for retirement purposes under this section, nor shall any such officers be subject to the provisions of section 289 of this title." (12) Section 759a is amended— (A) by striking out the figure "436" in subsection (a) and substituting in place thereof the figure "275"; (B) by striking out the figure "435" in subsection (a) and substituting in place thereof the figure "214". (13) Section 791 is amended by striking out the words "for temporary service". SEC. 2. (a) Officers who have been placed permanently out of line of promotion under laws and regulations of the Secretary in effect the day before the effective date of this Act shall be considered as having failed of selection for promotion to the next higher grade for the second time on the day before the effective date of this Act, and shall be subject to the provisions of sections 282 through 285 of title 14, United States Code, as appropriate. No officer shall be separated from the service under the above provisions prior to the last day of the sixth calendar month following the effective date of this Act. (b) Officers who have been placed temporarily out of line of promotion for appointment for temporary service under laws and regulations of the Secretary in effect the day before the effective date of this Act shall be considered as having once failed of selection for promotion to the next higher grade.

�