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Page:United States Statutes at Large Volume 61 Part 1.djvu/851

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61 STAT.] 8OTH CONG., 1ST SESS.-CH. 512 -AUG. 7,1947 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' service by which the rate of 21/2 per centum is multiplied: Provided further, That the retired pay of an officer commissioned in the Regular Navy pursuant to the provisions of the Act approved April 18 1946 (Public Law 347, Seventy-ninth Congress), or one commissioned in the Regu- lar 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), except lieutenants of the Nurse Corps, who shall have twice failed of selection for pro- motion to lieutenant commander and lieutenant, respectively, and officers whose names are reported in accordance with subsection 209 (e) 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 sub- section 209 (e) 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 sub- section 202 (d), but not to exceed a total of two years' active-duty pay: Provided, That for the purpose of this subsection a fractional year of six months or more shall be considered a full year in com- puting 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 promo- tion, are found incapacitated for service by reason of physical dis- ability contracted in line of duty shall, when retired, be retired in the rank for which they were selected, with retired pay at the rate of 75 per centum of the active-duty pay of the grade to which selected. (i) The provisions of this title relating to the discharge or retire- ment of officers who have twice failed of selection for promotion shall be applicable to officers above the grade of ensign who failed on pro- fessional reexamination for promotion in the same manner as if such officer had twice failed of selection for promotion. (j) Nothing in this section shall be held to reduce the retired rank or pay to which an officer would be entitled under other provisions of law. RETIREMENT OF OFFICERS ABOVE THE GRADE OF CAPTAIN SEC. 213. (a) The Secretary of the Navy shall make a special review of vacancies in the grade of rear admiral in the Chaplain Corps in the third fiscal year following the fiscal year in which this Act becomes effective, and in the third fiscal year of each three-year period thereafter, and, should it be found, in any such third year, as 827 Retired pay for offi- cers in grades above lieutenant. Fractional year. 60 Stat. 92. 34U.8.C. 2et seq. Ante, p. 738; post, pp. 867,877. Lieutenants and lieutenants (ig). Ante, p. 822. Ante, p . 816. Fractional year. Physical disability. Applicability of des- ignated provisions to officers aove grade of ensign. Retired rank, etc. Review of vacan- cies. Rear admiral in Chaplain Corps.