Page:United States Statutes at Large Volume 54 Part 1.djvu/178

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PUBLIC LAWS-CHS. 118 , 119-APR. 20, 1940 Retired officers re- ceiving annuities on effective date of Act. Increases not to op- erate retroactively; no reductions. Exception. Effective date of section 1. 63 Stat. 583. Retired officer elect- ing reduced annuity and life annuity to widow, amendment of election. 46 Stat. 1211; 53 Stat. 585. 22U. S .C. §21 (e); Supp. V, §21 (e). Proiso. Effective date of amended election. Extension of time for making election. Proviso. Effective date of election. Effective date of Act. April 20, 1940 [S. 3067] [Public, No. 465] Navy and Marine Corps. Disposition of re- mains of personnel and certain civilian employees; funds au- thorized. Post, p. 248. have been payable if no option had been elected: Provided fur- ther, That a retired officer who is receiving an annuity on the effective date of this Act, if the husband of a wife to whom he was married at the time of his retirement and for a total period of at least five years, shall be entitled under the same terms and conditions set forth above, to elect to receive a reduced annuity, a portion of which will be continued on his death throughout the life of his surviving widow, but all such elections by retired officers shall be made within six months following the effective date of this Act, and they shall all be effective on the same date, to be prescribed by the President: And provided further, That no increases in annuities under this Act shall operate retro- actively and nothing in this Act shall be interpreted as reducing the rate of the annuity received by any retired officer on the effective date of this Act, unless the officer voluntarily elects to receive a reduced annuity as provided herein." SEC. 2 . The provisions of section 1 of this Act shall be construed and interpreted in every respect as having been in effect on and after July 1, 1939 (the effective date of the Act of April 24, 1939, which it amends), and, accordingly, any retired officer is hereby authorized to avail himself of the benefits of these provisions, as follows: (a) A retired officer who elected to receive a reduced annuity and a life annuity payable to his surviving widow as provided in section 26 (e) of the Act of February 23, 19312 as amended by the Act of April 24, 1939, is hereby authorized, within six months of the effective date of this Act, to amend such election in accordance with the addi- tional provisions of the aforesaid section 26 (e) as established by section 1 of this Act and to change the amount thereof within the limitations established by these provisions: Provided, That such an amended election shall be effective on the first day of the calendar month in which the application is filed, except where the wife of such an officer has died since September 1, 1939, the date heretofore fixed in accordance with law as the effective date for such elections, such amended election shall be considered effective as of the latter date. (b) A retired officer who did not elect to receive a reduced annuity and a life annuity payable to his surviving widow, as provided in section 26 (e) of the Act of February 23, 1931, as amended by the Act of April 24, 1939, is hereby authorized, within six months of the effective date of this Act to make such an election, but only in accordance with the additional provisions of the aforesaid section 26 (e) as provided in section 2 of this Act: Provided, That such an election shall be effective on the first day of the calendar month in which the application is filed. SEO. 3 . This Act shall take effect on the 1st day of the calendar month following the date of its approval by the President. Approved, April 20, 1940. [CHAPTER 119] AN ACT Authorizing appropriations to be made for the disposition of the remains of personnel of the Navy and Marine Corps and certain civilian employees of the Navy, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That funds to be expended under such regulations as the Secretary of the Navy may prescribe are hereby authorized to be appropriated as may be neces- sary from time to time for the funeral expenses of the deceased per- sons hereinafter specified. 144 [54 STAT.