Page:United States Statutes at Large Volume 94 Part 3.djvu/310

 94 STAT. 2954

PUBLIC LAW 96-513—DEC. 12, 1980 SAVINGS PROVISION FOR ENTITLEMENT TO READJUSTMENT PAY OR SEVERANCE PAY UNDER PRIOR PROVISIONS OF LAW

10 USC 611 note.

Ante, p. 2870.

SEC. 631. (a) A member of the Army, Navy, Air Force, or Marine Corps who— (1) was on active duty (other than for training) on the day before the effective date of this Act; and (2) after such date is involuntarily discharged or released from active duty under any provision of title 10, United States Code, as in effect on or after such date, is entitled to receive any readjustment payment or severance pay to which he would have been entitled under laws in effect on the day before the effective date of this Act. OJ) If a member to whom subsection (a) applies is eligible to receive separation pay under section 1174 of title 10, United States Code, as added by this Act, the member may not receive both a readjustment payment or severance pay under laws in effect on the day before the effective date of this Act and separation pay under such section, but shall elect which he will receive. If the member fails to make an election in a timely manner, he shall be paid the amount which is more favorable to him. OFFICERS ON ACTIVE DUTY IN GRADE ABOVE GENERAL

10 USC 611 note. SEC. 632. Section 1251 of title 10, United States Code, as added by Ante, p. 2875. ^j^jg ^^.^^ relating to mandatory retirement for age, shall not apply to any officer who on the effective date of this Act was on active duty in a grade above general. DEFINITIONS

10 USC 611 note.

Ante, p. 2855.

SEC. 633. For the purposes of this title: (1) The term "officer" does not include warrant officers. (2) The term "active-duty list" means the active-duty list established by the Secretary of the military department concerned pursuant to section 620 of title 10, United States Code, as added by this Act. PART D—ADJUSTMENTS TO TRANSITION PROVISIONS FOR HEALTH PROFESSIONALS SPECIAL PAY PRESERVATION OF ENTITLEMENT FOR RESERVE MEDICAL OFFICERS

10 USC 611 note.

SEC. 641. Any p e r s o n CD who before June 30, 1980, served on active duty for not less than one year as a reserve officer of the Medical Corps of the Army or the Medical Corps of the Navy, as a reserve officer of the Air Force designated as a medical officer, or as a reserve medical officer of the Public Health Service; and (2) who after having so served on active duty for not less than one year received special pay under section 302 of title 37, United States Code, as in effect during the period beginning on May 6, 1974, and ending on June 30, 1980, for service performed during such period, shall be considered to have been entitled to such pay as if that part of such section, as in effect during such period, which read "who is on active duty for a period of at least one year" read "who has served on active duty for not less than one year".

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