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Career Compensation Act of 1949 PG-19

PROVISIONS OF TIE PUBLIC HEALTH SERVICE ACT AMENDED AND REPEALED

SEC. 521. The following sections, subsections, and other provisions of the Act of July 1, 1944 (ch. 373, 58 Stat. 682), as amended, are amended or repealed as hereinafter in this section indicated:

(a) Wherever the words "pay and pay period" appear in subsection (d) of section 207, such words shall be deleted and the words "basic pay" shall be substituted in lieu thereof.

(b) Subsections (b) and (d) of section 208 are repealed. Subsections (c), (e), (f), (g), and (h) of said section are redesignated as subsections (b), (c), (d), (e), and (f), respectively. Subsection (a) and the subsection herein redesignated as subsection (e) of said section are amended as follows:

"(a) Commissioned officers of the Regular and Reserve Corps shall be entitled to receive such pay and allowances as are now or may hereafter be authorized by law."

"(e) Whenever any noncommissioned officer or other employee of the Service is assigned for duty which the Surgeon General finds requires intimate contact with persons afflicted with leprosy, he may be entitled to receive, as provided by regulations of the President, in addition to any pay or compensation to which he may otherwise be entitled, not more than one-half of such pay or compensation."

(c) Subsection (g) of section 210 is amended by deleting therefrom the words "incurred in line of duty" wherever they appear.

(d) Section 211 is amended by repealing subsection (a) thereof; by redesignating subsections (b), (c), (d), (e), (f), (g), and (h) thereof as subsections (a), (b), (c), (d), (e), (f), and (g), respectively; and by changing "subsection (c)" to "subsection (b)" in the subsection hereby redesignated as subsection (a). The subsections hereby redesignated as subsections (b), (c), and (g) of said section are amended to read:

"(b) (1) Any commissioned officer of the Regular Corps who at the time of his original appointment was more than forty-five years of age shall upon his retirement for age pursuant to subsection (a) of this section be entitled to retired pay at the rate of 4 per centum of his active pay at the time of such retirement for each twelve months of active commissioned service, including any such service in the Army Navy, or Coast Guard, but in no case more than 75 per centum of such active pay.

"(2) The retired pay of an officer, who is retired pursuant to subsection (a) of this section or pursuant to paragraph (1) of this subsection and who has served four years or more as Surgeon General, Deputy Surgeon General, or Assistant Surgeon General, shall be based on the pay of the highest grade held by him as such Surgeon General, Deputy Surgeon General, or Assistant Surgeon General.

"(c) In time of war, a commissioned officer who has been retired under the provisions of subsection (a) of this section may, in accordance with regulations of the President, be recalled to active duty.

"(g) A commissioned officer shall be retired or separated from the Service for physical disability depending upon his eligibility for such retirement or separation under other provisions of law and be paid such retirement or such severance pay to which he may be entitled under such other provisions of law."

(e) Subsection (d) of section 214 is amended by deleting therefrom the words "longevity pay" and substituting in lieu thereof the words "the computation of basic pay".

(f) Subsection (b) of section 215 is amended by deleting therefrom the words "travel, transportation of household goods and effects, and".

(g) Section 706 is amended by deleting the words "subsection (c) (1)" and inserting in lieu thereof the words "subsection (b) (1)" and by deleting the words "subsection (b)" and inserting in lieu thereof the words "subsection (a)".

PROVISIONS RELATING TO RETIREMENT OF OFFICERS SPECIALLY COMMENDED FOR PERFORMANCE OF DUTY IN COMBAT

SEC. 522. (a) Section 412 (a) of the Officer Personnel Act of 1947 is hereby amended by deleting the words "and with three-fourths of the active-duty pay of the grade in which serving at the time of retirement" as they appear in lines 8 and 9 of the said section on page 874, volume 61, Statutes at Large.

(b) The Act of June 6, 1942 (ch. 383, 56 Stat. 328; 14 U. S. C. 174a; 33 U. S. C. 864e), is hereby amended by striking out the words "and with three-fourths of the active-duty pay of the grade in which serving at the time of retirement." and by inserting in lieu thereof the words ": Provided, That the provisions of this Act shall not apply in the case of any officer who has been so commended if the act or service justifying the commendation was performed after December 31, 1946."

(c) Nothing contained in subsections (a) and (b) of this section shall be held to reduce the retired pay of any officer placed on a retired list prior to the effective date of this section, nor shall the provisions of section 412 (a) of the Officer Personnel Act of 1947, as amended by subsection (a) of this section, or the Act of June 6, 1942 (ch. 383, 56 Stat. 328), as amended by subsection (b) of this section, be construed as granting any increased retired pay to any person by virtue of the higher grade or rank to which such person is or may become entitled to pursuant to such provisions of law.

AMENDMENTS OF THE ACT OF JUNE 3, 1916 (39 STAT. 190; 41 STAT. 776)

SEC. 523. (a) Section 30 of the Act of June 3 1916 (39 Stat. 187; 10 U. S. C. 658), as amended, is amended by deleting therefrom the third, the seventh, and the ninth sentences of the first paragraph.

(b) Section 37a of the National Defense Act of 1916, as amended, is amended by inserting a period after the words "and length of active service" and deleting the rest of said section.

(c) Section 38 of the National Defense Act of 1916, as amended, is amended by deleting the following words therefrom: "and mileage from his home to his first station and from his last station to his home".


PL 81-351 Page 18 | PL 81-351 Page 20


[1]United States Statutes at Large, Volume 63, pg. 802-841, Government Printing Office.

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