Page:United States Statutes at Large Volume 63 Part 1.djvu/858

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PUBLIC LAWS-CH. 681-OCT. 12 , 1949 Disability with 20 years' service. Post, p. 824. Ante, p. 818 . Transfer to inactive status. 10 U. S. C., Supp. II, §1036a, 1036e; 34 U. C., Supp. II, 440i, 440m. Ante, p. 693. Ante, p. 816 . 10 U. B. C., Supp. II, S1036g;34U.S.C., Supp. II , 4400. 62 Stat. 1087. 10 U. S. C., Supp. II, I61036-1036i; 34 U. S. C., Supp. I , 9i 440h-440q. Ante, p. 693. 53 Stat. 10. 26 U.BS.C. 22 (b)(5). Reserve compo- nents. (f) Notwithstanding the foregoing provisions of this section, any member of the uniformed services who shall have completed at least twenty years of active service as defined in section 412 of this title, and who is otherwise qualified to be retired for physical disability except that his disability is less than 30 per centum in accordance with the standard schedule of rating disabilities in current use by the Veterans' Administration, shall be retired and shall be entitled to receive disability retirement pay as prescribed in subsection (d) of this section: Provided, That the provisions of this section shall not be interpreted to limit the application of any provisions of law relating to voluntary or involuntary retirement. (g) Notwithstanding the foregoing provisions of this section, any member of the Army of the United States, Navy, Air Force of the United States, Marine Corps, or the Coast Guard, and all Regular and Reserve components thereof, who shall have completed at least twenty years of satisfactory Federal service in the uniformed services as defined in sections 302 and 306 of the Act of July 29, 1948 (62 Stat. 1087, 1089; 10 U. S . C . 1036a, 1036e), and who is otherwise qualified to be retired for physical disability except that his disability is less than 30 per centum in accordance with the standard schedule of rating disabilities in current use by the Veterans' Administration may elect, in lieu of being separated and receiving disability severance pay pur- suant to title IV of this Act, to be transferred to the inactive status list of the uniformed service concerned pursuant to section 308 of the Act of June 29, 1948 (62 Stat. 1090; 10 U. S. C . 1036g), and be granted retired pay upon attaining the age of sixty years if eligible in all other respects to be granted retired pay as provided in title III of that Act. (h) That part of the disability retirement pay computed on the basis of years of active service which is in excess of the disability retirement pay that a member would receive if such disability pay were computed on the basis of percentage of disability shall not be deemed to be a pension, annuity, or similar allowance for personal injuries or sickness resulting from active service in the armed service in the armed forces of any country within the meaning of section 22 (b) (5) of the Internal Revenue Code, as amended. (i) All members of the reserve components heretofore or hereafter retired or granted retirement pay because of physical disability shall be entitled to the same pay, rights, benefits, and privileges provided by law or regulation for retired members of the regular services. SEPARATION AND SEVERANCE PAY FOR PHYSICAL DISABILITY Computation of SEC. 403, A member of the uniformed services separated for physi- Ante, p. 816. cal disability pursuant to the provisions of section 402 of this title shall be entitled to receive disability severance pay computed as fol- lows: An amount equal to two months' basic pay of the rank, grade, or rating held by such member at the time of the placement of his name on the temporary disability retired list or at the time of his sepa- ration, whichever is earlier, and which such member would be entitled to receive at the time of separation if serving on active duty in such rank, grade, or rating, multiplied by a number equal to the number of years of active service to which such member is entitled under the Post, . 82 4. provisions of section 412 of this title but not to exceed a total of Fractional year. two years' basic pay: Provided, That for the purpose of this compu- tation, fractions of one-half year or more of active service shall be temporary rank, counted as a whole year: Provided further, That the disability sever- ance 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 the placement of his name on the temporary disability 820 [63 STAT.