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Page:United States Statutes at Large Volume 61 Part 1.djvu/905

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61 STAT.] 80TH CONG. , 1ST SESS.-CH. 512-AUG. 7, 1947 LIMITATION ON NUMBER OF RESERVE AND RETIRED OFFICERS SERVING ON ACTIVE DUTY IN FLAG RANKS SEC. 430. In addition to fleet admirals and to the number of rear admirals and above authorized by titles I, II, and III and by section 413 of this Act, a total of not to exceed ten retired and Reserve officers may be serving on active duty in the grade of rear admiral or above: Provided,That the above shall be exclusive of retired officers ordered to temporary active duty on boards of officers as provided in titles I through IV of this Act: And provided further,That the above restric- tions shall not apply in time of war or national emergency declared after the date of approval of this Act. COMPUTATION OF RETIRED PAY SEC. 431. Officers of the Navy, the Marine Corps, and the Reserve components thereof, heretofore or hereafter retired under any pro- vision of law shall have their retired pay computed on the basis of the rates of pay which are now or may be hereafter provided by law for officers on the active list. AMENDMENTS TO CERTAIN ACTS RELATING TO RETIRED PAY SEC. 432. (a) Subsection (a) of section 7 of the Act of February 21, 1946 (Public Law 305, Seventy-ninth Congress, second session), is hereby amended by striking out the period at the end thereof and substituting in lieu thereof the following: ": And provided further, That in the case of officers hereafter retired, except those retired for physical disability or in accordance with section 412 of this Act, whose computation of pay on the active list is not based upon years of service they shall receive retired pay at the rate of 21/2 per centum of their active-duty pay in the grade in which serving at the time of retire- ment multiplied by the number of years of service for which they would be entitled to credit in the computation of pay on the active list had they been serving in the grade of captain in the Navy or colonel in the Marine Corps at the time of their retirement, but retired pay so computed shall not exceed a total of 75 per centum of said active-duty pay." (b) Section 9 of the Act of February 21, 1946 (Public Law 305, Seventy-ninth Congress, second session), is hereby amended by insert- ing between the second and third provisos thereof the following new proviso: "Provided further, That in the case of an officer hereafter retired whose computation of pay on the active list is not based upon years of service he shall receive retired pay at the rate of 2/2 per centum of his active-duty pay in the grade in which serving at the time of retirement multiplied by the number of years of service for credit in the computation of pay on the active list had he been serving in the grade of captain in the Navy or colonel in the Marine Corps at the time of his retirement, but retired pay so computed shall not exceed a total of 75 per centum of said active-duty pay:". (c) This section shall be effective as of the date of approval of this Act. AMENDMENT OF TIlE ARMTY-NAVY MEDICAL SERVICES CORPS ACT OF 1947 SEC. 433. The Army-Navy Medical Service Corps Act of 1947 is hereby amended as follows: (a) The second paragraph of section 201 and sections 202 and 208 are hereby repealed. (b) Renumber the present sections 203, 204, 205, 206, 207, and 209, as sections 202,203,204,205,206, and 207, respectively. 95347°-48 -pt. 1-56 881 Ante, pp. 798, 815, 829. Ante, p. 876. 60 Stat. 27 . 34 U.S .C. 410c (a). Retired pay. Q) Stat. 28 . 34 U.S .C .O 10d. Effective (late. Ante, p. 734. Ante. pp. 736, 737, 738. Ante, pp. 737, 738.