Open main menu

Page:United States Statutes at Large Volume 61 Part 1.djvu/833

This page needs to be proofread.


61 STAT.] 80TH CONG. , 1ST SESS.-CH. 512-AUG. 7 , 1947 not otherwise retired pursuant to law, be placed on the retired list on June 30 of the fiscal year in which such second failure shall occur. (e) Lieutenant commanders designated for limited duty shall, if not otherwise retired pursuant to law, be placed on the retired list on June 30 of the fiscal year in which they shall have twice failed of selection for promotion to commander: Provided, That such an officer instead of such separation from the active list shall, if he had the permanent status of warrant officer or commissioned warrant officer when first appointed an officer for the performance of limited duty only, have the option of reverting to the grade and status he would have held had he not been so appointed, and if he had a permanent rating below warrant officer when first so appointed he shall have the option of reverting to the grade and status he would have held had he not been so appointed but had instead been appointed a warrant officer, and in any computation to determine such grade and status all active service as an officer designated for limited duty or as a temporary or Reserve officer shall be included: And provided further, That such an officer exercising such option shall, if not otherwise retired pursuant to law, be placed on the retired list in the grade in which then serving, upon the completion of a total of thirty years of active naval service, exclusive of active duty for training in a Reserve component, with retired pay at the rate of 75 per centum of his active-duty pay. (f) Officers above the grade of lieutenant who are placed on the retired list pursuant to the provisions of this section shall be placed thereon with retired pay at the rate of 21/2 per centum of their active- duty pay at the time of retirement multiplied by the number of years of service for which entitled to credit in the computation of their pay on the active list, not to exceed a total of 75 per centum of said active-duty pay: Provided, That 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 21/2 per centum is multiplied: Provided further, That the retired pay of an officer commissioned in the Reg- ular Navy pursuant to the provisions of the Act approved April 18, 1946 (Public Law 347, Seventy-ninth Congress), or one commissioned in the Regular Navy subsequent to September 8, 1939, while serving on active duty as an officer of the Naval Reserve, who is so placed on the retired list, shall not be less than 50 per centum of his active- duty pay at the time of retirement. (g) Lieutenants, and lieutenants (junior grade), who shall have twice failed of selection for promotion to lieutenant commander and lieutenant, respectively, and officers whose names are reported in accordance with subsection 109 (f) of this Act, shall be honorably discharged from the Navy on June 30 of the fiscal year in which they fail of such selection the second time, or in which their names are reported in accordance with subsection 109 (f) of this Act, with a lump- sum payment computed on the basis of two months' active-duty pay at the time of discharge for each year of commissioned service computed in accordance with subsection 102 (d), but not to exceed a total of two years' active-duty pay: Provided, That for the purpose of this sub- section a fractional year of six months or more shall be considered a full year in computing the number of years' commissioned service upon which to base such lump-sum payment: And provided further, That an officer designated for limited duty, instead of such separation from the active list, shall have the option described in subsection (e) of this section. (h) Officers on a promotion list who, at any time prior to pro- motion, are found incapacitated for service by reason of physical disability contracted in line of duty shall, when retired, be retired in the grade for which they were selected, with retired pay at the rate 809 Lieutenant com- manders designated for limited duty. Retired pay for offi- cers in grades above lieutenant. Fractional year. 60 Stat. 92. 34U.S.C. 2dseq. .tAtr, p . 738; pot, pp. 867, 877. Lieutenants. Ante, p. 80 . Ante, p. 798. Fractional year. Physical disability.