60 STAT.] 79TH CONG. , 2D SESS.--CHS. 139, 140-APR. 16 , 17, 1946 District Court for the Territory of Hawaii", approved May 31, 1938 (Public, Numbered 566, Seventy-fifth Congress), be, and the same is hereby, amended to read as follows: "That every justice of the Supreme Court of the Territory of Hawaii, and every judge of the United States District Court for the Territory of Hawaii, the District Court for the District of Alaska, the District Court of the United States for Puerto Rico, the District Court of the Virgin Islands, and the United States District Court for the District of the Canal Zone, may hereafter retire after attaining the age of seventy years. If such justice or judge retires after having served as a justice or judge of any of the aforementioned courts for a period or periods aggregating ten years or more, whether continuously or not, he shall receive annually in equal monthly installments, during the remainder of his life, a sum equal to such proportion of the salary received by such justice or judge at the date of such retirement as the total of his aggregate years of service bears to the period of sixteen years, the same to be paid by the United States in the same manner as the salaries of the aforesaid justices and judges: Provided, however, That in no event shall the sum received by any such justice or judge hereunder be in excess of the salary of such justice or judge at the date of such retirement. "SEC. 2. In computing the years of service under this Act, service in any of the aforesaid courts shall be included whether such service be continuous or not and whether rendered before or after the enactment hereof. The terms 'retire' and 'retirement' as used in this Act shall mean and include retirement, resignation, failure of reappointment upon the expiration of the term of office of an incum- bent, or removal by the President of the United States upon the sole ground of mental or physical disability." SEC. 3. That the title of the Act entitled "An Act relating to the retirement of the justices of the Supreme Court of the Territory of Hawaii and judges of the United States District Court for the Territory of Hawaii", approved May 31, 1938 (52 Stat. 591; 48 U. S. C. 634b and 634c), be amended to read as follows: "An Act relat- ing to the retirement of certain justices and judges in the various Territories and possessions." Approved April 16, 1946. [CHAPTER 140] AN ACT To establish an office of Under Secretary of Labor, and three offices of Assistant Secretary of Labor, and to abolish the existing office of Assistant Secretary of Labor and the existing office of Second Assistant Secretary of Labor. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,That there is hereby established in the Department of Labor the office of Under Secretary of Labor, which shall be filled by appointment by the President, by and with the advice and consent of the Senate. The Under Secretary shall receive compensation at the rate of $10,000 a year and shall perform such duties as may be prescribed by the Secretary of Labor or required by law. The Under Secretary shall (1) in case of the death, resignation, or removal from office of the Secretary, perform the duties of the Secretary until a successor is appointed, and (2) in case of the absence or sickness of the Secretary, perform the duties of the Secre- tary until such absence or sickness shall terminate. SEC. 2. There are hereby established in the Department of Labor three offices of Assistant Secretary of Labor, which shall be filled by appointment by the President, by and with the advice and consent 91 U. S. Territories, etc. Retirement of jus- tices and district court judges. Retirement pay. Limitation. Computation of years of service. "Retire" and "re- tirement." Amendment of title. April 17, 194 [S. 1298] [Public Law 346] Department of La- bor. Under Secretary. Compensation; dn- ties. Assistant Secretar- ies.
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