Page:United States Statutes at Large Volume 75.djvu/688

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[75 Stat. 648]
[75 Stat. 648]
PUBLIC LAW 87-000—MMMM. DD, 1961

648

PUBLIC LAW 87-299-SEPT. 26, 1961

[75 S T A T.

include any such pay of any person to whom such pay has been awarded or granted prior to the date of enactment of this amendment insofar as concerns the conviction of such person, prior to such date, under any article or provision of law specified or described in subsection (b) of the first section of this Act, of any offense within the purview of such subsection (b) to the extent provided in such subsection, or the commission by such person, prior to such date, of any violation of subsection (c) of section 2 of this Act; and " (D) the term 'retired p a y, as applicable to an annuity payable to the eligible beneficiary of any person under chapter 73 of title 10 of the United States Code, or under section 5 of the Uniformed Services Contingency Option Act of 1953 (67 Stat. 504; 37 U.S.C. 1952 edition,, Supp. I l l, sec. 374), does not include any such annuity of any such beneficiary if such annuity has been awarded or granted to such beneficiary, or if retired pay has been awarded or granted to such person, prior to the date of enactment of this amendment msof ar as concerns— "(i) the conviction, prior to such date, of the person on the basis of whose service such annuity is awarded or granted, under any article or provision of law specified or described in the first section of this Act, of any offense within the purview of such first section to the extent specified in such section, or "(ii) the commission by such person, prior to such date, of any violation of section 2 of this Act. "(4) the term 'armed forces' shall have the meaning provided 10 USC 101. for such term by title 10 of the United States Code. Separability. "SEC. 11. If any provisiou of this Act, or the "application of such provision to any person or circumstance, shall be held invalid, the remainder of this Act, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby, tio^ns*"'* ofirnita"SEC. 12. (a) Section 3282 of title 18 of the United States Code is 68 Stat. 1145. amended by striking out 'three' and inserting in lieu thereof 'five'. " (b) The amendment made by subsection (a) shall be effective with respect to offenses (1) committed on or after September 1, 1954, or (2) committed prior to such date, if on such date prosecution therefor is not barred by provisions of law in effect prior to such date." ^_Annuity bene- gj;^, g. (a) Subject to subsection (b) of this section, any person, R*etroactive res- including his survivoT or beneficiary, to whom annuity or retired

  • T*u s' c 2 2 8 1- P^y is ^ot payable under the Act of September 1, 1954, as in effect

2288. at any time prior to the date of enactment of this Act, by reason of any conviction of an offense, any commission of a violation, any refusal to answer, or any absence under indictment, or under charges, for any offense, shall be restored the right to receive such annuity or retired pay for any and all periods for which he would have had the right to receive such annuity or retired pay if the Act of September 1, 1954, had not been enacted, unless, under the amendment made by the first section of this Act, such annuity or retired pay remains noiipayable to such person, including his survivor or beneficiary. Repayment of /]^\ -^Q aunuity accrucd or accruing, prior to, on, or after the contrib ut 1 o n s or

deposits.

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date of enactment of this Act, on account of the restoration, by