Page:United States Statutes at Large Volume 63 Part 1.djvu/859

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63 STAT.] 81sT CONG. , 1 ST SESS.-CH. 681 -OCT. 12, 1949 retired list or at the time of his separation, whichever is earlier, and who shall have served satisfactorily in such higher rank, grade, or rating as determined by the Secretary concerned, shall be computed on the basis of the monthly basic pay of such higher rank, grade, or rating to which he would have been entitled had he been serving on active duty in such higher rank, grade, or rating at the time of place- ment of his name on the temporary disability retired list or at the time of separation, whichever is earlier: Provided further, That if the physical disability entitling such member to disability severance 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 temporary promotion was re- quired to have been based upon cumulative years of service or years of service in rank, grade, or rating, the disability severance pay of such member shall be based upon the rank, grade, or rating to which such member would have been promoted but for such disability, if such rank, grade, or rating is higher than any other rank, grade, or rating upon which such severance pay is herein authorized to be com- puted and which such member would be entitled to receive at the time of placement of his name on the temporary disability retired list or at the time of separation, whichever is earlier, if serving on active duty in the higher grade: And provided further, That in the case of a former member of the uniformed services who has received disability severance pay as provided in this section, the amount of such disability severance pay shall be deducted from any compensation for himself or his dependents to which he or they becomes entitled thereafter under laws administered by the Veterans' Administration for the same disability, but no such deductions shall be made from any death compensation to which his dependents may become entitled subse- quent to his death. PERIODIC PHYSICAL EXAMINATIONS SEC. 404. (a) A member of the uniformed services whose name is hereafter placed upon the temporary disability retired list may be required to submit to periodic physical examinations during the period in which his name is carried on such list. (b) A member of the uniformed services whose name is placed upon the temporary disability retired list and who is required to submit to a periodic physical examination shall, for travel performed be entitled to receive the travel and transportation allowance authorized for the rank, grade, or rating in which retired for temporary duty travel performed while on active duty. Failure of any such member to report for any periodic physical examination after receipt of proper notifica- tion may be considered cause for terminating his disability retirement pay, except that such payments shall be reinstated at a later date if just cause existed for such failure to report, in which case payments may be retroactive for a period of not to exceed one year. RECOVERY FROM PHYSICAL DISABILITY SEC. 405. (a) If, as a result of a periodic physical examination, a member of a Regular component of the uniformed services whose name has been placed on the temporary disability retired list is found to be physically fit to perform the duties of his office, rank, grade, or rating, he shall, subject to his consent, if an officer, be called to active duty and, as soon thereafter as practicable, be reappointed, sub- ject to the provisions of section 407 of this title, to the active list of his Regular component, or, if an enlisted person, be reenlisted in his Regular component. (b) If, as a result of a periodic physical examination, a member of a Reserve component of the uniformed services whose name has 821 Credit for promo- tion. Deduction from dis- ability compensation. Travel allowance. Failure to report tor examination. PoI, p. 822. Reserve members