Page:United States Statutes at Large Volume 80 Part 1.djvu/604

 568

PUBLIC LAW 89-554-SEPT. 6, 1966

[80 STAT.

(B) the period of an individual'service as a volunteer or volunteer leader under chapter 34 of title 22 is the period between enrollment as a volunteer or volunteer leader and the termination of that service by the President or by death or resignation. (c) Except as provided by subsection (d) of this section, an employee or Member shall be allowed credit for periods of military service before the date of the separation on which title to annuity is based. However, if an employee or Member is awarded retired pay on account of military service, his military service may not be credited unless the retired pay is awarded— (1) on account of a service-connected disability— (A) incurred in combat with an enemy of the United States; or (B) caused by an instrumentality of war and incurred in line of duty during a period of war as defined by section 301 of title 38; or (2) under chapter 67 of title 10. (d) For the purpose of section 8339(c)(1) of this title, a Member—• (1) shall be allowed credit only for periods of military service not exceeding 5 years, plus military service performed by the Member on leaving his office, for the purpose of performing military service, during a war or national emergency proclaimed by the President or declared by Congress and before his final separation from service as Member; and (2) may not receive credit for military service for which credit is allowed for purpose of retired pay under other statute, (e) This subchapter does not affect the right of an employee or Member to retired pay, pension, or compensation in addition to an annuity payable under this subchapter. (f) Credit shall be allowed for leaves of absence without pay granted an employee while performing military service or while receiving benefits under subchapter I of chapter 81 of this title. Except for a substitute in the postal field service, credit may not be allowed for so much of other leaves of absence without pay as exceeds 6 months in the aggregate in a calendar year. (g) An employee who during the period of a war, or of a national emergency as proclaimed by the President or declared by Congress, leaves his position to enter the military service is deemed, for the purpose of this subchapter, as not separated from his civilian position because of that military service, unless he applies for and receives a lump-sum credit under this subchapter. However, the employee is deemed as not retaining his civilian position after December 31, 1956, or after the expiration of 5 years of that military service, whichever is later. (h) An employee who— (1) has at least 5 years' Member service; and (2) serves as a Member at any time after August 2, 1946; may not be allowed credit for service which is used in the computation of an annuity under section 8339(c) of this title, (i) An individual who qualifies as an employee under section 8331 (1)(E) of this title is entitled to credit for his service as a United States Commissioner, which is not credited for the purpose of this subchapter for service performed by him in a capacity other than Commissioner, on the basis of— (1) 1/313 of a year for each day on which he performed service as a Commissioner before July 1, 1945; and

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