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Volume 72

Public Law 85–587

To readjust equitably the retirement benefits of certain Individuals on the Emergency Officers’ Retired List, and for other purposes.

Approved August 1, 1958

Statutory text

AN ACT

To readjust equitably the retirement benefits of certain Individuals on the Emergency Officers’ Retired List, and for other purposes.

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

That

(a)

upon application made to the Administrator of Veterans’ Affairs within one year after the date of enactment of this Act, each individual who has been placed upon an Emergency Officers’ Retired List and is eligible to receive retired pay under the Act entitled “An Act making eligible for retirement under certain conditions, officers and former officers of the Army, Navy, and Marine Corps of the United States, other than officers of the Regular Army, Navy, or Marine Corps, who incurred physical disability in line of duty while in the service of the United States during the World War”, approved May 24, 1928 (45 Stat. 735; 38 U. S. C. 581), as amended, shall be advanced on the applicable officers’ retired list to the highest temporary grade in which he served satisfactorily on active duty for not less than six months as a commissioned officer of the Army, Navy, Marine Corps, or Coast Guard or of any reserve component of any such armed force, as determined by the cognizant Secretary, and snail be entitled to receive retired pay computed under applicable provisions of law on the basis of the base and longevity pay which any such officer received while serving on active duty in that grade during the period September 9, 1940, to June 30, 1946.

(b)

No increased retired pay shall be paid to any individual by reason of the enactment of this Act for any period prior to the effective date of this Act.

(c)

All erroneous payments of emergency officers’ retirement pay made after September 30, 1949, and prior to the effective date of this Act to any individual advanced by virtue of the authority contained in this Act on the basis of service credits certified by the military department concerned, are hereby validated.

(d)

This Act shall become effective on the first day of the first month beginning after the date of enactment of this Act.

Approved August 1, 1958.

Parsed from the official Statutes at Large USLM XML in 72.xml