Page:United States Statutes at Large Volume 80 Part 1.djvu/600

 564

5 USC 228 1 note.

PUBLIC LAW 89.554-SEPT. 6, 1966

[80 STAT.

(b) The President may restore, effective as of the date he prescribes, the right to receive annuity or retired pay which is denied, before, on, or after September 1, 1954, under section 8314 or 8315 of this title, to the individual and to his survivor or beneficiary. (c) Payment of annuity or retired pay which results from pardon or restoration by the President under subsection (a) or (b) of this section may not be made for a period before— (1) the date of pardon referred to by subsection (a) of this section; or (2) the effective date of restoration referred to by subsection (b) of this section. (d) Credit for a period of service covered by a refund under section 8316 of this title is allowed only after the amount refunded has been redeposited. § 8319. Removal of members of the uniformed services from rolls; restoration; reappointment (a) The President may drop from the rolls a member of a uniformed service who is deprived of retired pay under this subchapter. (b) The President may restore— (1) military status to an individual dropped from the rolls to whom retired pay is restored under this subchapter or under section 2 of the Act of September 26, 1961 (75 Stat. 648); and (2) all rights and privileges to the individual and his beneficiaries of which he or they were deprived because his name was dropped from the rolls. (c) If the individual restored was a commissioned officer, the President alone may reappoint him to the grade and position on the retired list held when his name was dropped from the rolls. § 8320. Offense or violation committed in compliance with orders When it is established by satisfactory evidence that an individual— (1) was convicted of an offense named by section 8312 of this title; or (2) violated section 8314 or 8315 of this title; as a result of proper compliance with orders issued, in a confidential relationship, by an agency or other authority of the Government of the United States or the government of the District of Columbia, the right to receive annuity or retired pay may not be denied. § 8321. Liability of accountable employees An accountable employee may not be held responsible for a payment made in violation of this subchapter when the payment made is in due course and without fraud, collusion, or gross negligence. § 8322. Effect on other statutes This subchapter does not restrict authority under a statute, other than this subchapter, to deny or withhold benefits authorized by statute. SUBCHAPTER III—CIVIL SERVICE RETIREMENT §8331. Definitions For the purpose of this subchapter— (1) "employee" means— (A) an employee as defined by section 2105 of this title; (B) the Architect of the Capitol and an employee of the Architect of the Capitol;

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