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Page:United States Statutes at Large Volume 61 Part 1.djvu/930

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PUBLIC LAWS-CH. 512 -AUG. 7 , 1947 (2) if on the date of elimination, he has not completed twenty "years' service" or more, but is eligible for retirement under any provision of law in effect on that date including any provision of law providing for voluntary retirement on his own application, be retired in the grade and with the retired pay to which he would be entitled if retired on that date under that law; wiothneve harge (3) if on the date of elimination, he is not eligible for retire- ment under any provision of law, be honorably discharged from the Regular Army with severance pay equal to that sum of money computed by multiplying, (a) the number of years of his "years' service" (fractions of a year less than one-half shall be disregarded and one-half or more shall be counted as one year); by (b) the amount of base and longevity pay which he would receive (com- puted at the rate applicable on the date of his elimination) for two months' active duty in the grade (permanent or temporary) held at the time of elimination: Provided,That the total severance pay shall not exceed two years' base and longevity pay so computed. spension of pro (f) In time of emergency declared by the President or by the Con- gress, and in time of war, the President is authorized, in his discretion, to suspend the operation of all or any part or parts of the several pro- visions of law prescribing mandatory retirement or separation of Regular Army officers. Po, p. 912. (g) Section 5 of the Act of July 31, 1935 (49 Stat. 507), as amended (10 U. S. C. 971b), is further amended as follows: (1) By deleting therefrom that portion which reads: "Provided further, That on June 30,1942, all brigadier generals of the line who are then sixty-two years of age or over and all promotion-list officers who are then sixty years of age or over shall be retired, and thereafter all brigadier generals of the line shall be retired at the age of sixty- two years and all promotion-list officers shall be retired at the age of sixty years, except that all officers in the grade of general officer whose names are carried on the promotion-list are exempted from the operation of this proviso and in addition thereto the Secretary of War may, in his discretion, exempt from the operation of this proviso such number of colonels as will result in their being on active duty at any time a number of colonels who would otherwise be retired not greater than 5 per centum of the total number of colonels then on the promotion list, but such exemption shall terminate in each case when the officer reaches the age of sixty-two, or sooner in the discretion of the Secretary of War, and colonels so exempted shall be included within the authorized number of promotion-list colonels"; (2) By deleting therefrom that portion which reads: "Provided further, That each promotion-list officer shall be assumed to have for retirement purposes, at least the same length of continuous com- missioned service in the Regular Army as any officer junior to him on the promotion list: Provided further, That the number of years of service to be credited in computing the right to retirement and retire- ment pay in the case of officers retired by reason of having reached the age of sixty years or over shall include all service heretofore credited for retirement at age sixty-four :". ARMY OFFICERS-TEMPORARY GRADES- TEMPORARY APPOINTMENT OF OFFI- CBS IN THE ARMY OF THE UNITED STATES--AC 'IVE DUTY OF RESERVE COMPONENT OFFICERS Nnmr le ss than SEC. 515. (a) Whenever the number of Regular Army officers hold- ing office under permanent appointments in the grades of major gen- eral and brigadier general is less than the number authorized in these grades and whenever the number of Regular Army officers of any promotion list, holding office under permanent appointments in the 906 [61 STAT.