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Volume 69 · 615

Public Law 84–318

To amend the Act of February 21, 1940 (60 Stat. 26), to permit the retirement nt temporary officers of the naval service after completion of more than twenty years of active service.

Approved August 9, 1955

Statutory text

AN ACT

To amend the Act of February 21, 1940 (60 Stat. 26), to permit the retirement nt temporary officers of the naval service after completion of more than twenty years of active service.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That the Act of February 21, 1946 (60 Stat. 26), as amended, is further amended by—

(a)

inserting in section 6 after the word “thereof” where it first occurs a comma and the phrase “including any member of the naval service temporarily appointed to commissioned grade whose permanent status is enlisted,”;

(b)

adding at the end of section 6 the following new sentence: “As used in this section ‘active commissioned service’ includes all active service performed under a temporary appointment to a commissioned grade, including a commissioned warrant grade, by an officer whose permanent status is enlisted.”; and

(c)

deleting section 7 (c).

34 USC 410c.

Sec. 2.

(a)

Any person who, on the date of enactment of this Act,

Fleet Reserve transferees.

Rank.

is a member of the Fleet Reserve or Fleet Marine Corps Reserve and who prior to his transfer thereto—

(1)

was serving under a temporary appointment in a Commissioned grade, and

(2)

had completed more than twenty years of active service in the Navy, Marine Corps, Army, Air Force, or Coast Guard, or the reserve components thereof, including active duty for training. at least ten years of which was active commissioned service,

may, in the discretion of the President, he placed on the retired list with the highest rank in which he served satisfactorily before his transfer to the Fleet Reserve or Fleet Marine Corps Reserve, if application therefor is made within ninety days after the enactment of this Act.

(b)

Any person transferred to the retired list under subsection (a)

Pay.

is entitled to retired pay at the rate of 2½ per centum of the active duty pay, with longevity credit, of the grade in which he is placed on the retired list, multiplied by the number of years of service for which entitled to credit in the computation of his active duty pay at the time of transfer to the Fleet Reserve or Fleet Marine Corps Reserve, not to exceed a total of 75 per centum of the active duty pay of that rank. A fractional year of six months or more shall be considered a full year in computing the number of years of service by which the rate of 2% per centum is multiplied.

Approved August 9, 1955.

Parsed from the official Statutes at Large USLM XML in 69.xml