Page:United States Statutes at Large Volume 78.djvu/528
PUBLIC LAW 88-448-AUG. 19, 1964
Reserve officers. 61 Stat. 906; 70A Stat. 677.
Poat, p. 494.
Veterans' retention rights, restriction. 58 Stat. 390.
72 Stat. 1106, 1118.
tion within the prescribed period shall be held and considered to have elected to remain in the status which he occupies, on such immediately preceding day, with respect to limitations on compensation, or exemptions therefrom, as the case may be. In the event of any appointment, reinstatement, or reemployment of such retired officer which is made after such effective date and follows a break in service of more than thirty days, such retired officer shall be subject to applicable limitations and exemptions of subsections (a), (b), (c), and (e) of this section. (g) A member of any of the uniformed services, serving in the Army or Air Force of the United States without component, under an appointment made under section 515 of the Officer Personnel Act of 1947, in a temporary grade higher than, or the same as, the reserve commission he then held, who, prior to the effective date prescribed by section 403(a) of this Act, was retired for physical disability in such temporary grade, shall not be considered as subject to the restriction on the concurrent receipt of civilian compensation and retired pay contained in section 212 of the Act of June 30, 1932, as amended (5 U.S.C. 59a), for any period following such retirement. (h) A nonre^ular member of any of the armed forces, who served on active duty m a temporary warrant officer grade and who was retired in that status prior to the effective date prescribed by section 403(a) of this Act, shall not be considered as subject to the restriction in section 2 of the Act of July 31, 1894, as amended (5 U.S.C. 62), for any period following such retirement. SEC. 202. Section 12 of the Veterans' Preference Act of 1944, as amended (5 U.S.C. 861), is amended-;(1) by inserting " (a) " immediately following "SEC. 12."; (2) by inserting ", subject to subsection (c) of this section," immediately after the word " That " in the first proviso thereof; (3) by inserting "(subject to subsection (b) of this section)" immediately after "military preference"; and (4) by adding at the end thereof the following new subsections: " (b) Notwithstanding any other provision of this Act, an employee who is a retired member of any of the uniformed services included under section 2 of this Act shall be considered a preference employee for the purposes of subsection (a) of this section only if— "(1) his retirement was based on disability (A) resulting from injury or disease received in line of duty as a direct result of armed conflict or (B) caused by an instrumentality of war and incurred in the line of duty during a period of war (as defined in sections 101 and 301 of title 38, United States Code); or " (2) his service does not include twenty or more years of fulltime active service (regardless of when performed but not including periods of active duty for t r a i n i n g); or "(3) immediately prior to the effective date of this subsection, he was employed in a civilian office to which this Act applies and, on and after such date, he continues to be employed in any such office without a break in service of more than thirty days. "(c) I n computing length of total service, an employee who is a retired member of any of the uniformed services shall be given credit for— "(1) the length of time in active service in the armed forces during any war, or in any campaign or expedition (for which a campaign badge has been authorized); or "(2) if he is included under clause (1), (2), or (3) of subsection (b) of this section, the total length of time in active service in the armed forces."