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Page:United States Statutes at Large Volume 61 Part 1.djvu/929

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61 STAT.] 80TH CONG., 1 ST SESS.-CH. 512-AUG. 7, 1947 respectively, not more than 10 per centum of the number authorized in that grade for any such promotion list, respectively, may, in the discretion of the Secretary of War, be retained on the active list after the date specified for their retirement and the number of colonels authorized for the promotion list concerned may be exceeded by the number of such officers of that promotion list so retained, but in no event shall any such officer be so retained after reaching the age of sixty years. (4) After June 30,1953, unless provided otherwise by some provision of law, each promotion-list officer heretofore or hereafter appointed in the permanent grade of lieutenant colonel in the Regular Army who is not retired or separated at an earlier date under other provisions of law shall be eliminated from the active list and retired on that date which is thirty days after the date upon which he completes twenty- eight "years' service", unless he is appointed in the permanent grade of colonel, or any higher permanent grade, in the Regular Army before that date: Provided, That such officers whose names are carried on the recommended list for appointment in the permanent grade of colonel in the Regular Army shall be retained on the active list while their names are so carried and if appointed in the permanent grade of colonel their elimination from the active list shall be governed by the provisions of paragraph (3) of this subsection: And provided further, That any of the officers in the permanent grade of lieutenant colonel in the Regular Army whose names are carried on the Medical Corps, Dental Corps, Veterinary Corps, Medical Service Corps, or Chaplains promotion list, may, in the discretion of the Secretary of War, be retained on the active list after the date specified for their retirement but in no event shall any such officer be so retained after reaching the age of sixty years. (c) Each officer eliminated from the active list of the Regular Army pursuant to any of the provisions of subsection (h) of section 509 of this title or of subsection (c) or (d) of this section shall- (1) if on the date of elimination, he has completed twenty "years' service" or more, be retired in the permanent grade held at time of retirement with monthly retired pay equal to 21/4 per centum of the monthly base and longevity pay he would receive if serving on active duty in that grade, multiplied by a number equal to the number of years of his "years' service", or, the nulm- ber of years of service creditable to him under the law in the computation of his active-duty pay, whichever of such two num- bers is greater (fractions of a year less than one-half shall be dis- regarded and one-half or more shall be counted as one year); but in no event shall such retired pay be more than 75 per centum nor less than 50 per centum of the base and longevity pay he would receive if serving on active duty in the grade in which retired: Provided, That if on the date of his elimination, he is eligible for retirement under any other provision of law in effect on that date, including any provision of law providing for volun- tary retirement on his own application, and the retired grade or amount of retired pay to which he would be entitled under such other provision is greater than the retired grade or amount of retired pay herein provided, he shall be entitled to the greater retired grade and retired pay: Providedfurther, That in the case of any officer whose computation of active-duty pay is not based upon years of service the phrase "the number of years of service creditable to him under the law in the computation of his active- duty pay" as used herein shall be construed to mean the number of years of service which would be creditable to him under the law in the computation of his active-duty pay if he were serving in the grade of colonel; 905 Lieutenant colonels. Retention until age 60. Retired grade and pay. .lAne, p. 896.