Page:United States Statutes at Large Volume 63 Part 1.djvu/565

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63 STAT.] 81ST CONG. , IST SESS--CH. 393-AUG. 4 , 1949 respective dates of their commissions in such grade. He shall be eligible for promotion, if otherwise qualified, at such time as the officer in a regular number in line of promotion next above him on the seniority list becomes eligible for promotion; or if there be no such officer in his grade, he shall be eligible for promotion, if otherwise qualified, when a vacancy occurs in the next higher grade. An officer so commissioned shall be assigned to duty for which he is specially qualified, and professional examinations for promotion given to such officer shall embrace only subjects which pertain to the duty to which he is assigned. (b) Each vacancy (1) hereafter occurring in the extra numbers of such officers; (2) existing on August 5, 1939, in positions in the Light- house Service formerly held by personnel eligible for such commis- sions; and (3) created by the retirement, resignation, death, or sepa- ration from the service for any other cause, of such personnel who do not possess the qualifications prescribed by the Secretary of the Treas- ury, or who, being qualified, do not accept a commission thereunder, shall operate to increase by one the total authorized number of line officers of the Coast Guard. (c) All persons of the former Lighthouse Service commissioned, appointed, or enlisted in the Coast Guard shall be subject to all laws and regulations for the government of the Coast Guard, and nothing contained in this title shall be construed to prevent the application to any of such persons of laws and regulations concerning the military discipline of commissioned and warrant officers and enlisted men of the Coast Guard. (d) In computing length of service, for the purpose of retirement in the Coast Guard, of any person of the former Lighthouse Service commissioned, appointed, or enlisted in the Coast Guard, there shall be included all service computable for retirement under the provisions of section 763 of title 33; and after July 1, 1948, in computing longevity for the purpose of pay of such person there shall be included all service of such person in the Lighthouse Service. (e) No person so commissioned, appointed, or enlisted in the Coast Guard shall suffer any reduction in the total of the annual compensa- tion and allowances which he was receiving on the date of his com- mission, appointment, or enlistment. Upon his retirement from active duty in the Coast Guard, the retired pay of any person so commis- sioned. appointed, or enlisted, shall not be less than an annuity com- puted in accordance with the provisions of section 763 of title 33, sub- stituting, however, for purposes of such computation, the annual compensation which he was receiving on the date of his commission, appointment, or enlistment in the Coast Guard for the average annual pay received by him for the last five years of service. (f) Notwithstanding any other provision of law, the civil service classification laws and titles II and III of the Federal Employees Pay Act of 1945 shall not apply to civilian keepers of lighthouses and to civilians employed on lightships and other vessels of the Coast Guard. (g) Under regulations prescribed by the Secretary of the Treasury, the Coast Guard may prescribe the hours of duty and the pay of civilian keepers of lighthouses and civilians employed on lightships and other vessels of the Coast Guard, but such personnel may be called upon for duty in emergency circumstances or otherwise at any time or all times. The existing system governing the pay of such employees may be continued or changed except that overtime compensation. night differential, and extra pay for duty on holidays shall not be paid to such employees. In lieu thereof additional annual compensation 527 Post, p. 1026. Post, p. 1026. 59 Stat. 296, 298. 5 U.. C . S§911-913, 021,922; Supp. II, 922 note.