Page:United States Statutes at Large Volume 63 Part 1.djvu/862

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PUBLIC LAWS-CH. 681-OCT. 12 , 1949 10 U. S. C.§ 937. 34U.S.C. 436, Supp. II,5 436 note. Determination of percentage of disabil- ity. Ante, pp . 816, 817. Post, p. 829. Basis of retirement pay. 62 Stat. 211 . 10 U. S. C., Supp. II, I§ 1033-1035; 34 US.C., Supp. II, § 43m-43o. Ante, p. 823; tupra. 39 Stat. 166; 52 Stat. 1175. 10U. S. C. 2etseq. Supp. II, § 2 et aeq.; 32 U.8.C. 1etseq.; Supp. II, I 1 seq.; 34 U. S . C . §853J;Supp. II, §853b t seq. Post, pp. 836, 837, 840. 39 Stat. 167, 203, 206, 207. 10 U.S. C. 5I 4,22 25, 32-3, 38; 32 U. S. C. §63-66 , 144 -146 , 171- 176; Supp. II, i 62. Ante, p. 823 . 10 U. S. C., Supp. II, 1036b;34 U. S. C., Snpp. II , 440j. Ante, p. 693. the Act of June 20, 1930 (46 Stat. 790), as amended; and (4) any member of the Navy Nurse Corps, or any person entitled to the rights, privileges, and benefits of members of the Navy Nurse Corps, retired for disability prior to December 23, 1942, under the Act of June 20, 1930 (46 Stat. 790), as amended, may elect within the five-year period following the effective date of this title, (A) to qualify for disability retirement pay under the provisions of this Act and, dependent on his qualification, shall be entitled to receive either the disability retire- ment pay or the disability severance pay prescribed in this title: Provided, That the determination of the percentage of disability as prescribed in sections 402 (a) (3), 402 (b) (3), or 402 (c) (3), as applicable, shall be based upon the disability of such member, former member, or person, as of the time he was last retired or as of the time he was granted retirement pay, as the case may be, and the percentage of such disability will be determined in accordance with the standard schedule of rating disabilities in current use by the Veterans' Adminis- tration; or (B) to receive retired pay or retirement pay computed by one of the two methods contained in section 511 of this Act: Provided further,That the retired or retirement pay of each person referred to in (3) and (4) above shall, unless a higher rank or grade is authorized by any provision of law, be based upon the commissioned officer rank or grade authorized for such persons by the Act of May 7, 1948 (Public Law 517, Eightieth Congress). DEFINITION OF ACTIVE SEIVICE SEc. 412 . For the purposes of this title, the term "active service" shall be interpreted to mean (1) for members of the Regular com- ponents of the uniformed services and for those members, former members, and persons referred to in section 411 (1), (3), and (4), all service as a member of the uniformed services, or as a nurse, or as a contract nurse prior to February 2, 1901, or as a reserve nurse subse- quent to February 2, 1901, or as a contract surgeon, or as a contract dental surgeon, or as an acting dental surgeon, or as a veterinarian in the Quartermaster Department, Cavalry, or Field Artillery, or as an Army field clerk or as a field clerk, Army Quartermaster Corps, while on the active list or on active duty or while participating in full-time training or other full-time duty provided for or authorized in the National Defense Act, as amended, the Naval Reserve Act of 1938, as amended, or in other provisions of law, including participation in exercises or performances of the duties provided for by sections 5 81, 92, 94, 97, and 99 of the National Defense Act, as amended, or all service which such member, former member, or person has or is deemed to have pursuant to law for the purpose of separation or mandatory elimination from the active list of his uniformed service; (2) for members of the reserve components of the uniformed services, other than commissioned officers of the Reserve Corps of the Public Health Service, and for former members referred to in section 411 (2) that service which is equal to the number of years which would be used by such members or former members as a multiplier in the computation of their retired pay pursuant to section 303 of the Act of June 29, 1948 (ch. 708, 62 Stat. 1088); and (3) for commissioned officers of the Public Health Service, heretofore retired for physical disability or hereafter retired or separated for physical disability pursuant to this Act, in addition to the service creditable as active service under (1) above, their service, other than commissioned service, with the Public Health Service. REXULATIONS SEC. 413. The Secretary concerned shall prescribe regulations for the administration of this title within his department or agency, 824 [63 STAT.