74
STAT.]
PUBLIC LAW 86-416-APR. 8, 1960
86
and inserting in lieu thereof "on active duty, including those on shore duty and those on detached duty", by strilsing out "or when retired for disability" in subparagraph (1), and by striking out subparagraph (3) and inserting in lieu thereof: "(3) commissioned officers of the Regular or Reserve Corps of the Public Health Service on active duty;. COVERAGE UNDER CIVIL SERVICE RETIREMENT ACT
SEC. 6. (a) Except as provided in subsection (b), service as a commissioned officer in the Regular Corps of the Public Health Service prior to July 1, 1960, shall be considered, for purposes of credit under the Civil Service Retirement Act, other than section 3(f) thereof, as civilian service performed by an employee (as defined in such Act), and commissioned officers of the Reserve Corps of the Public Health Service, subject to the Civil Service Retirement Act on June 30, 1960, shall be considered as voluntarily separated on that date, with respect to service as such officers, from civilian positions subject to such Act. (b) If a commissioned officer of the Regular or Reserve Corps of the Public Health Service is retired after June 30, 1960, and becomes entitled to retired pay from the Public Health Service, all service in the Regular or Reserve Corps of the Public Health Service prior to July 1, 1960, together with any other service which is performed at any time with the Public Health Service, other than as a commissioned officer, and which is credited to the officer for purposes of such retirement, shall be considered as military service for purposes of section 3(b) of the Civil Service Retirement Act; except that, in the case of any such officer who is retired pursuant to subsection (a) of section 211 of the Public Health Service Act, any such service which was performed prior to July 1, 1960, which was subject to the Civil Service Retirement Act, and with respect to which he has not, prior to his retirement, received a refund of deductions under the Civil Service Retirement Act, shall not be considered as military service for purposes of such section 3(b), but only if he waives his right to have such service included for purposes of computing the amount of his retired pay from the Service. (c) Section l (r) of the Civil Service Retirement Act is amended by inserting after "Coast Guard of the United States," the phrase "or, after June 30, 1960, in the Regular Corps or Reserve Corps of the Public Health Service,".
70 Stat. 743. suse2251-2267.
s use 2253. Ante, p. 33.
s use 2251.
ELECTION OF B E N E F I T S UNDER THE SOCIAL SECURITY ACT AND THE CIVIL SERVICE RETIREMENT ACT
SEC. 7. Section 215 of the Social Security Act (42 U.S.C. 415) is amended by adding at the end thereof the following new subsection: " (h)(1) Notwithstanding the provisions of the Civil Service Retirement Act, remuneration paid for service to which the provisions of section 210(m)(1) of this Act are applicable and which is performed by an individual as a commissioned officer of the Reserve Corps of the Public Health Service prior to July 1, 1960, shall not be included in computing entitlement to or the amount of any monthly benefit under this title, on the basis of his wages and self-employment income, for any month after June 1960 and prior to the first month with respect to which the Civil Service Commission certifies to the Secretary that, by reason of a waiver filed as provided in paragraph (2), no further annuity will be paid to him, his wife, and his children, or, if he has died, to his widow and children, under the Civil Service Retirement Act on the basis of such service.
64 Stat. soe.
70 stat-^87o.
42 USC 410.
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