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Page:United States Statutes at Large Volume 61 Part 1.djvu/900

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PUBLIC LAWS-CH. 512-AUG. 7, 1947 34U.S.C.§§216, 424, 425. Ante, p. 453. 34 U. S. 0.§ 1,212- 216, 424, 426, 864 . Ante, p. 453. 34U.S. . § 212a. Ante, pp. 798,831 . Ante, pp. 811,863. Pay and allowances. Precedence. Retirement. (d) Nothing in this section shall be held or construed as amend- ing or repealing the provisions of sections 1434, 1463, or 1464 of the Revised Statutes of the United States. RETIREMENT OF OFFICERS WITH HIGHEST GRADE HELD UNDER PROVISIONS OF SECTION 413 SEC. 414. Any officer of the Navy who may be retired while serving in accordance with the provisions of section 413 of this Act, or subse- quent to such service, may, in the discretion of the President, by and with the advice and consent of the Senate, when retired, be placed on the retired list with the highest grade or rank held by him while on the active list: Provided,That no increase in retired pay shall accrue solely as the result of such advancement in rank on the retired list: Providedfurther, That the President, by and with the advice and con- sent of the Senate, may in his discretion extend the privilege herein granted to such officers heretofore or hereafter retired, who served in the rank of admiral or vice admiral pursuant to the authority of sec- tion 18 of the Act of May 22, 1917 (40 Stat. 89), or the Act of July 17, 1941 (55 Stat. 598). DESIGNATION OF OFFICERS OF THE MARINE CORPS FOR SPECIAL PURPOSES SEC. 415. (a) The President is authorized to designate officers of the active list of the Marine Corps for appropriate higher commands, or for the performance of any duty of great importance and responsi- bility, and officers so designated may, by and with the advice and con- sent of the Senate, have the grade, rank, pay, and allowances of lieutenant general while so serving: Provided, That the number of officers who may be so serving at any one time shall not exceed 10 per centum of the total authorized number of officers of the Regular Marine Corps above the grade of colonel, determined pursuant to sections 103 and 303 of this Act, made applicable to the Marine Corps by sections 114 and 314 of this Act, exclusive of those assigned to supply duty only: Provided further, That after July 1, 1948, except in time of war or national emergency declared after the effective date of this Act, not to exceed two officers may be so serving at any one time: Providedfurther, That whenever a marine officer is assigned as Chief of Staff to the President as Commander in Chief, he shall have, by and with the advice and consent of the Senate, the grade rank, pay, and allowances of general while so serving: And provided further That the designation of any officer as authorized by this section shali not create a vacancy in any grade of the Marine Corps nor increase the total number of officers allowed by law. (b) In time of war or national emergency the designations author- ized by this section shall be made from officers not below the grade of colonel, and at all other times from among officers above the grade of colonel. (c) Each officer so designated shall receive the pay and allowances now or hereafter prescribed by law for the grade in which serving pursuant to this section from the date of reporting for the duty desig- nated and until detached therefrom, at which time he shall resume his regular grade and lineal position on the active list of the Marine (d) Officers serving in the grade of lieutenant general pursuant to this section shall, while so serving, have such precedence among them- selves in that grade as may be determined by the Secretary of the (e) Any officer of the Marine Corps who may be retired while serv- umg in accordance with the provisions of this section, or subsequent to 876 [61 STAT.