Page:United States Statutes at Large Volume 54 Part 1.djvu/1048

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PUBLIC LAWS-CH. 757-OCT. 8 , 1940 Fraud. Penalty. False or fraudulent affidavits, etc. Penalty. Application of exist- ing laws. 38 U. S. C., Supp. V, 4450. 49 Stat. 2031 , 2033. 38 U. S. C., Supp. V, § 101-104,131 -134. Suit. Post, p. 1197, 1 11. 43 Stat. 612, 628. 38T. B.C. 1 445,651; Supp. V, S 44B, 551. Proviso. Decision of Admin- istrator. Ante, p. 1011 . Citation of Part I. Railroad Retire- ment Act of 1937, amendments. 45 U. S. C., Supp. V, § 228c. Inclusion of military service for annuity purposes. Provisos. Limitation. 50 Stat. 310 . 45 U. S. C., Supp. V, 228c (b). Military service prior to war service period. "Military service. " 50 Stat. 318 . 45 U. S. C., 8upp. V, i 215-228 (note). SEC. 614. Whoever, with intent to defraud the United States or any beneficiary of such insurance, shall obtain or receive any money or check for National Service Life Insurance without being entitled to the same, shall, upon conviction thereof, be punished by a fine of not more than $2,000, or by imprisonment for not more than one year, or by both such fine and imprisonment. SEC. 615. Any person who shall knowingly make or cause to be made, or conspire, combine, aid, or assist in, agree to, arrange for, or in any wise procure the making or presentation of a false or fraudulent affidavit, declaration, certificate, statement, voucher, or paper, or writing purporting to be such, concerning any application for insurance or reinstatement thereof, waiver of premiums or claim for benefits under National Service Life Insurance for himself or any other person, shall, upon conviction thereof, be punished by a fine of not more than $1,000, or imprisonment for not more than one year, or by both such fine and imprisonment. SEC. 616. The provisions of Public Law Numbered 262, Seventy- fourth Congress, approved August 12, 1935 (49 Stat. 607), and titles II and III of Public Law Numbered 844, Seventy-fourth Congress, approved June 29, 1936 (49 Stat. 2031), insofar as they are applicable, shall apply to the provisions of this part. SEO. 617. In the event of a disagreement as to claim arising under this part, suit may be brought in the same manner and subject to the same conditions and limitations as are applicable to United States Government (converted) life insurance under the provisions of sec- tions 19 and 500 of the World War Veterans' Act, 1924, as amended: Provided, That in any such suit the decision of the Administrator as to waiver or non-waiver of premiums under section 602 (n) shall be conclusive and binding on the court. SEC. 618. This part may be cited as the "National Service Life Insurance Act of 1940". Part II-Crediting Military Service for Annuity Purposes Under the Railroad Retirement Acts SEO. 625. The Act entitled "An Act to amend an Act entitled 'An Act to establish a retirement system for employees of carriers subject to the Interstate Commerce Act, and for other purposes', approved August 29, 1935," approved June 24, 1937 (50 Stat. 307), is hereby amended by inserting after section 3 the following new section: " M ILIT AR Y SERVICE "SEC. 3A. (a) For the purposes of determining eligibility for an annuity and computing an annuity, including a minimum annuity, there shall also be included in an individual's years of service, within the limitations hereinafter provided in this section, voluntary or involuntary military service of an individual prior to January 1, 1937, within or without the United States during any war service period: Provided, however, That such military service shall be included only subject to and in accordance with the provisions of subsection (b) of section 3, in the same manner as though military service were service rendered as an employee: Provided further, That an individual who entered military service prior to a war service period shall not be regarded as having been m military service in a war service period with respect to any part of the period for which he entered such military service. "(b) For the purpose of this section and section 202, as amended, an individual shall be deemed to have been in 'military service' when commissioned or enrolled in the active service of the land or naval 1014 [54 STAT.