Page:United States Statutes at Large Volume 53 Part 2.djvu/741

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53 STAT.] 76TH CONG. , l ST SESS.-CHS. 477, 478-AUG. 5, 1939 (b) Under such regulations as he may prescribe the Secretary is hereby authorized to appoint or cause to be enlisted, in the Coast Guard, in warrant grades or enlisted ratings appropriate to their qualifications, experience, and lengths of service, such personnel of the Lighthouse Service as, on June 30, 1939, met the requirements for retirement (except those relating to age and period of service) of section 6 of the Act approved June 20, 1918, as amended and supple- mented. (c) Chief warrant officers and warrant officers commissioned or appointed under the provisions of this section shall take precedence among themselves as the Secretary may determine, and with other chief warrant and warrant officers in accordance with the dates of their respective commissions or warrants in such grades. SEC. 5 . Vacancies created by the retirement, resignation, death, or separation from the service for any other cause, of personnel described in section 4 of this Act who do not possess the qualifica- tions prescribed by the Secretary, or who, being qualified, do not accept a commission, appointment, or enlistment thereunder, may or may not be filled, in the discretion of the Secretary, in accordance with the existing needs of the service. If such vacancy be filled it shall be filled from among the chief warrant, warrant, or enlisted personnel of the Coast Guard. Src. 6 . In computing length of service, for the purpose of retire- ment in the Coast Guard, of any person commissioned, appointed, or enlisted under the provisions of this Act, there shall be included all service computable for retirement under the provisions of section 6 of the Act of June 20, 1918, as amended and supplemented. SEC. 7. No person commissioned, appointed, or enlisted in the Coast Guard pursuant to this Act shall suffer any reduction in the total of the annual compensation and allowances which he was receiv- ing on the date of his commission, appointment, or enlistment. Upon his retirement from active duty in the Coast Guard, the retired pay of any person so commissioned, appointed, or enlisted, shall not be less than an annuity computed in accordance with the provisions of section 6 of the Act of June 20, 1918, as amended and supple- mented, substituting, however, for purposes of such comlputation, the annual compensation which he was receiving on the date of his com- mission, appointment, or enlistment in the Coast Guard for the aver- age annual pay received by him for the last five years of service. SEC. 8. All persons commissioned, appointed, or enlisted in the Coast Guard pursuant to this Act, shall be subject to all laws and regulations for the government of the Coast Guard, and nothing con- tained in this Act shall be construed to prevent the application to any of such persons of laws and regulations concerning the military discipline of commissioned and warrant officers and enlisted men of the Coast Guard. SEC. 9 . All Acts or parts of Acts, inconsistent with the provisions of this Act, are hereby repealed. Approved, August 5, 1939. [CHAPTER 478] AN ACT To amend section 9 of the Act of July 3, 1926 (44 Stat. 817), entitled "An Act to readjust the commissioned personnel of the Coast Guard, and for other pur- poses." Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 9 of the Act entitled "An Act to readjust the commissioned personnel of the Coast Guard, and for other purposes", approved July 3, 1926 1217 Appointment, etc., in appropriate war- rant grades or enlisted ratings. 40 Stat. 08. 33U.S.C.§763. Post, p. 1343 . Status. Vacancies. Computation of service for retirement purposes. 40 Stat. 608 . 33U.S.C. 763. Post, p. 1343 . No salary, etc., re- ductions. Retired pay. Personnel subject to applicable laws and regulations. Military discipline. Repeal of inconsist- ent laws. August , 1939 [H. R . 5611] [Public, No. 292] Coast Guard. 44 Stat. 817. 14U. .C.II5s 102, 123.