Page:United States Statutes at Large Volume 63 Part 1.djvu/560

This page needs to be proofread.


PUBLIC LAWS-CH. 393-AUG. 4, 1949 § 358. Limitation of retirements The total number of enlisted men who may be retired in any one calendar year by reason of having completed twenty years of service shall not exceed the whole number nearest to 1 per cent of the total enlisted force of the Coast Guard on the active list as of January 1 of such year, to be divided in such proportions between voluntary retire- ments and involuntary retirements as may be determined by the Commandant. In case the number of enlisted men authorized to be retired annually by this section are not retired during a calendar year, the remainder of the authorized number may be retired during any subsequent calendar year providing that the total retired in that year does not exceed 3 per cent of the total enlisted force as of January 1 of such calendar year. § 359. Recall to active duty during war or national emergency In times of war or national emergency, the Commandant may order any enlisted man on the retired list to active duty. While on active duty, a retired enlisted man shall receive full pay, allowances, and benefits authorized by law including longevity credit for the time retired. When relieved of active service after recall from the retired list such enlisted man shall, unless entitled to be advanced on the retired list with a higher grade, rating, or pay under other provisions of law, be retained on the retired list with the rating held at the time of retirement, and with retired pay computed on the active-duty pay and increase received at the time of release from active duty. § 360. Recall to active duty with consent of man Any enlisted man on the retired list may, with his consent, be assigned to such duties as he may be able to perform, except that no enlisted man on the retired list who has reached the age of sixty-two years shall be recalled in time of peace. While on active duty such enlisted man shall receive full pay, allowances, and benefits authorized by law, including longevity credit for the time retired. When relieved of active service after recall from the retired list such enlisted man shall, unless entitled to be advanced on the retired list with a higher grade, rating, or pay under other provisions of law, be retained on the retired list with the rating held at the time of retirement and with retired pay computed on the active-duty pay and increase received at the time of release from active duty. § 361. Relief of retired man promoted while on active duty Any enlisted man on the retired list recalled to active duty who during such active duty is advanced to a higher grade or rating under a permanent or temporary appointment or promotion shall, upon relief from active duty be advanced on the retired list to the highest grade or rating held while on active duty with retired pay of such highest grade or rating. In case the appointment or promotion was temporary the advancement on the retired list shall be made only to such grade or rating in which the man served satisfactorily on active duty. § 362. Retirement in cases where higher grade or rating has been held Any enlisted man who is retired under any provision of section Adne, pp. 520, 521. 353, 354, 355, 356, or 357 of this chapter shall be retired from active service with the highest grade or rating held by him while on active duty in which, as determined by the Secretary, his performance of duty was satisfactory, but not lower than his permanent grade or rating, with retired pay of the grade or rating with which retired. 522 [63 STAT.