Page:United States Statutes at Large Volume 46 Part 1.djvu/515

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472

SEVENTY-FIRST CONGRESS . SEss. II. CH. 349. 1930 . Urn - annuity values by the Board of Actuaries : Provided, That the total annuity paid shall in no case be less than an amount equal to the a verage annua l basic salar y, pay, or co mpensation, not to exceed $1,600 per annum, received by the employee during any five consecu- tive years of allowable service at the option of the employee, multiplied by the number of years of service, not exceeding thirty emp creasedoapttimy at years, and divided by forty : And provided further, That any employee at the time of his retirement may elect to receive, in lieu of the life annuity herein described, an increased annuity of equivalent value which shall carry with it a proviso that no unexpended part of the principal upon the annuitant's death shall Computation o"p en" be returned . For the pur poses of this Act all peri ods of servi ce ods of service . shall be computed in accordance with section 5 hereof, and the annuity shall be fixed at the nearest multiple of twelve . The term " basic salary, pay, or compensation," wherever used in this Act, shall be so construed as to exclude from the operation of the Act all bonuses, allowances, overtime pay, or salary, pay, or com- pensation given in addition to the base pay of the position as fixed by law or regulation . Total ited . annuity Bon uses,

c., ex- c luded as "b etc ., asic salary, pay, or compensation ." Acc redi ted servi ce . Periods of all service included in computing . S EC. 5 . Subject to the provisions of section 9 hereof, the aggregate amended, p. 907, period of service which forms the basis for calculating the amount of any benefit provided in this Act shall be computed from the date of original employment, whether as a classified or an unclassi- fied employee in the civil service of the United States, or in the Dist rict ofCol umbia . service of the District of Columbia includings of service ,

period at different times and in one or more departments, branches, or independent offices, or the legislative branch of the Government, and military, also periods of service performed overseas under authority of the United States, and eriods of honorable service in the Army, Navy, Marin e Corps, or Coast Guard o f the United States ; in th e case of an employee, however, who is eligible for and elects to receive a pen- sion under any law, or retired pay on account of military or naval service, or compensation under the War Risk Insurance Act, the period of his milit ary or naval service upon which such p ension, retir ed pay, or c ompensation i s based shall not be inclu ded, but nothing in this Act shall be so construed as to affect in any manner his or her right to a pension, or to retired pay, or to compensation under the War Risk Insurance Act in addition to the annuity herein provided . In computing length of service for the purposes of this Act all periods of separation from the service, and so much of any leaves of absence as may exceed six months in the aggregate in any calendar year, shall be excluded, except such leaves of absence granted employees while receiving benefits under the United States Employees' Compensation Act, and in the case of substitutes in the Postal Service credit shall be given from date of original appoint- ment as a substitute . In determining the aggregate period of service upon which the annuity is to be based, the fractional part of a month, if any, in the total servi ce sh all be elim inated . Ove rseas , naval, etc . Deduction of period ent itlin g to pensio n, etc . Pension, or war Risk compensation, etc ., ex- cluded. Period s of se para- tions, etc ., excluded . Exception . Vol. 39, p. 742; Vol. 44, p. 772. U.S. C., Supp.IV, p. 36. Fractions of a month disregarded . D isabi lity ret irem ent . A nnuity allowe d on application if totally dis abled bef ore reti re- ment age . Vol. 44, amended . p. 90 7, COMPUTATION OF ACCREDITED SERVICE DISA BILIT Y RE TIREM ENT- MEDIC AL EXAMINATIONS REQUIRED SEa . 6. Any employee to whom this Act applies who shall have served for a total period of not less than five years, and who, before becoming eligible for retirement under the conditions defined in the preceding sections hereof, becomes totally disabled for useful and