Page:United States Statutes at Large Volume 60 Part 1.djvu/1021

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994 PUBLIC LAWS-CH. 952-AUG. 10 , 1946 [60 STAT. for all purposes: Provided further, That the pay authorized in this section shall not exceed 75 per centum of the active-duty base and longevity pay they were receiving at the time of transfer: Provided isTranfRegulr Navd further, That all enlisted men transferred to the Fleet Reserve in accordance with the provisions of this section and of sections 1 and 52Stat. 1175, 1178. 203 of this Act shall, upon completion of thirty years' service, be 84b.

transferred to the retired list of the Regular Navy, with the pay they were then legally entitled to receive: Provided further, That nothing contained within this section shall be construed to prevent persons who qualify for transfer to the Fleet Reserve under the provisions of' section 203 of this Act from being transferred in accordance with Fractional year. the provisions of this section if they so elect: Provided further, That a fractional year of six months or more shall be considered a full year for purposes of this section and section 203 in computing years of active Federal service and base and longevity pay: And provided Applicability. further, That the provisions of this section shall apply to all persons of the class described herein heretofore or hereafter transferred to the Fleet Reserve, except that no increase in pay or allowances shall be deemed to have accrued prior to the date of the enactment of this Active service. amendment. For the purposes of this section, all active service in the Army of the United States, the Navy, the Marine Corps, the Coast Guard, or any component thereof, shall be deemed to be active Federal service." 34 U. . C. §854- SEC. 3. Title II of the Naval Reserve Act of 1938 (52 Stat. 1178) is 854f. Ante, p. 993. hereby amended by adding thereto a new section to read as follows: Active duty after "SEC. 208. Whenever enlisted men of the Fleet Reserve, transferred thereto after more than sixteen years' service, or enlisted men trans- ferred from the Fleet Reserve to the retired list of the Regular Navy, perform active duty after July 1, 1925, such active duty, except that 34 U.S.s. 854e. which they are required to perform in time of peace under section 206 of this title, shall be included in the computation of their total service for the purpose of computing their retainer or retired pay when in an inactive-duty status, and in the computation of their retainer or retired pay all active duty so performed subsequent to the effective date of transfer to the Fleet Reserve or to the retired list shall be counted for the purpose of computing percentage rates and increases with respect to their retainer or retired pay and shall be based on the enlisted pay received by them at the time they resume an inactive-duty status, including increases in consequence of advancement in rating, longevity, and extraordinary heroism: Provided,That such pay shall not exceed 75 per centum of the base and longevity pay of the highest rating to which entitled under the provisions of this section: Providedfurther, Perged o national That active duty performed during any period of national emergency declared by the President shall be considered for the purpose of this section as not being active duty in time of peace required by section ayandallowances. 206: Provided further, That nothing contained in this section shall operate to reduce the retainer or retired pay and allowances to which Fractonl year. any enlisted man would otherwise have been entitled: Providedfurther, That a fractional year of six months or more shall be considered a full rior retirementyear for purposes of this section in computing years of active Federal etc. service and base and longevity pay: And provided further, That persons of the classes described in this section who have been retired or returned to an inactive duty status prior to the date of approval of this section shall be entitled to the benefits of this section from the Appointment of date of retirement or return to an inactive duty status." chief petty officers to SEC. 4 . (a) The authority conferred upon the President by the Act commissioned gades. approved June 27, 1942 (56 Stat. 422), as amended, to appoint com- v. d33p38g. missioned warrant and warrant officers of the Regular N avy to com- missioned grades or ranks is hereby extended to include authority to appoint chief petty officers of the Regular Navy who have completed