Page:United States Statutes at Large Volume 63 Part 1.djvu/856

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PUBLIC LAWS-CH. 681-OCT. 12 , 1949 of the performance of active duty, full-time training duty, other full- time duty, or inactive duty training, as the case may be; and (5) that accepted medical principles indicate that such disability may be of a permanent nature, the name of such member shall be placed upon the temporary disability retired list of his service by the Secretary con- cerned and such member shall be entitled to receive disability retire- Disabilityretire- ment pay as prescribed in subsection (d) of this section: Provided, ment pay. That if condition (5) above is met by a finding that such disability is of a permanent nature, such member may be retired by the Secretary concerned and, upon retirement, shall be entitled to receive disability Disabiutyseverance retirement pay as prescribed in subsection (d) of this section: Pro- vided further, That if condition (3) above is not met because the disability is determined to be less than 30 per centum, the member concerned shall not be eligible for any disability retirement provided in this section, but may be separated for physical disability from the service concerned and upon separation shall be entitled to receive Pot, p. 82. disability severance pay as prescribed in section 403 of this title. Temporary disaby- (d) A member of the uniformed services whose name is placed upon the temporary disability retired list of his service pursuant to subsections (a), (b), or (c) of this section, for the period during which his name is carried on such temporary disability retired list, imttn. but in no event to exceed a period of five years, or a member of the omputatio uniformed services who is retired pursuant to the provisions of this pay. tion o title, shall be entitled to receive disability retirement pay computed, at his election, by multiplying an amount equal to the monthly basic pay of the rank, grade, or rating held by him at the time of the place- ment of his name on the temporary disability retired list or at the time of his retirement, whichever is earlier, by (1) a number equal to the number of years of active service to which such member is entitled Pos p. p. under the provisions of section 412 of this title, multiplied by 22 per centum, or (2) the percentage of his physical disability as of the time his name was placed on the temporary disability retired list or at the Fractional year. time of retirement, whichever is earlier: Provided,That for the pur- rankpose of the computation of (1) above, fractions of one-half year or etc.emorary ran more of active service shall be counted as a whole year: Provided fur- ther, That the disability retirement pay of any such member who shall have held a temporary rank, grade, or rating higher than the rank, grade, or rating held by him at the time of placement of his name upon the temporary disability retired list or at the time of his retirement, whichever is earlier, and who shall have served satisfactorily in such higher rank, grade, or rating as determined by the Secretary con- cerned, shall be computed on the basis of the monthly basic pay of such higher rank, grade, or rating to which he would have been en- titled had he been serving on active duty in such higher rank, grade, or rating at the time of placement of his name on the temporary dis- Limitons. ability retired list or at the time of retirement, whichever is earlier: Provided further, That in no case shall such disability retirement pay exceed 75 per centum of the basic pay upon which the computation is based: Providedfurther, That the disability retirement pay of any member whose name is carried on the temporary disability retired list shall, for so long as his name is carried on such list, be not less dir than 50 per centum of the basic pay upon which the computation is tredit or promo- based: Providedfurther, That if the physical disability entitling such member to disability retirement pay is found to exist as a result of a physical examination given in connection with effecting a permanent promotion or a temporary promotion where eligibility for such tem- porary promotion was required to have been based upon cumulative years o service or years of service in rank, grade, or rating, the dis- ability retirement pay of such member shall be based upon the basic pay of the rank, grade, or rating to which such member would have 818 [63 STAT.