55 STAT.] 77TH CONG. , 1ST SESS. --CH. 320 -JULY 24, 1941 [CHAPTER 320] AN ACT 603 July 24, 1941 Authorizing the temporary appointment or advancement of certain personnel of [H. R. 4473] the Navy and Marine Corps, and for other purposes. [Public Law 188] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That except as otherwise specified herein the authority granted by this Act shall be exercised only in time of war or national emergency determined by the President. SEC. 2 . (a) As used in this Act, the words "temporarily appointed" shall be interpreted to mean also "temporarily promoted" or "tem- porarily advanced in rank", as the case may be. (b) The following personnel may be temporarily appointed to ranks or grades in the Regular Navy or Marine Corps, not above lieutenant in the Navy and captain m the Marine Corps: (1) Commissioned warrant officers of the Regular Navy and Marine Corps. 2) Warrant officers of the Regular Navy and Marine Corps. 3 First-class petty officers and above in the Regular Navy and platoon or staff sergeants and above in the Regular Marine Corps, including enlisted men of those grades on the retired list on active duty. (4) Enlisted men of the Fleet Reserve and the Fleet Marine Corps Reserve on active duty in the grades herein specified for enlisted men of the Regular Navy or Marine Corps. SEC. 3. Officers on the active list of the Regular Navy or Marine Corps in commissioned ranks, including those appointed under the authority of section 2 of this Act, may be temporarily appointed to higher ranks or grades in the Regular Navy or Marine Corps, and the provisions of paragraph 9 of section 1 of the Act approved June 10, 1922 (42 Stat. 626; U. S . C ., title 37, sec. 2), shall be applicable to all officers eligible for consideration for appointment or advance- ment pursuant to the provisions of this Act, not only during the existence of a state of war formally recognized by Congress, but also during a national emergency determined by the President. SEC. 4 . (a) Commissioned or warrant officers on the retired list of the Navy or Marine Corps may, while on active duty, be tem- porarily appointed to higher ranks or grades on the retired list. Any officer so appointed shall, while on active duty, be entitled to the same pay and allowances as officers of like grade or rank with equivalent service on the active list. (b) In the computation of the retired pay of officers heretofore or hereafter retired with pay at the rate of 21/2 per centum of the active-duty pay received by them at the time of retirement multi- plied by the number of years of service for which entitled to credit in the computation of their pay on the active list, not to exceed a total of 75 per centum of said active-duty pay, active duty per- formed by such retired officers subsequent to the date of their retire- ment shall be counted for the purpose of computing percentage increases in their retired pay. These increases shall be at the rate of 21/2 per centum for each year of active duty and a fractional year of six months or more shall be considered a full year in computing the number of years: Provided, That the increased retired pay of such retired officers shall in no case exceed 75 per centum of the active-duty pay as authorized by existing law: Provided further, That no back pay or allowances shall accrue by reason of the passage of this Act. Navy and Marine Corps, temporary ap- pointments. "Temporarily ap- pointed." Classes eligible. Advancement of ac- tive-list officers. Pay during war or emergency. Retired officers on active duty. Iost, p. 80. Retired pay, com- putation. Pry.isos. Limitation. No back pay.
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