Page:United States Statutes at Large Volume 63 Part 1.djvu/863

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63 STAT.] 81ST CONG. , 1ST SESS. -CH. 681-OCT. 12, 1949 including regulations which shall provide that no member of the uni- formed services shall be separated or retired for physical disability without a full and fair hearing if such member shall demand it. POWERS, DUTIES, AND FUNCTIONS SEC. 414 . (a) All duties, powers, and functions incident to the determination of fitness for active service, percentage of disability at the time of separation from active service, and suitability for re- entry into active service and entitlement to and payment of disability severance pay shall be vested in the Secretary concerned. (b) All duties, powers, and functions incident to payments of dis- ability retirement pay, hospitalization, and reexaminations shall be vested in the Secretary concerned or in the Administrator of Veterans' Affairs under regulations promulgated by the President. SEC. 415. Any member who, on the effective date of this Act, is a hospital patient and who within six months of the effective date of this Act is retired as a result of a physical disability growing out of the injury or disease for which he was hospitalized as of the date of enactment of this Act, may elect to receive retirement benefits com- puted under the laws in effect on the date preceding the date of enactment of this Act. TITLE V-MISCELLANEOUS PROVISIONS TRAINING DUTT WITH OR WITHOUT PAY OF RESERVE AND NATIONAL GUARD PERSONNEL SEC. 501. (a) Under such regulations as the Secretary concerned may prescribe, and to the extent provided for by law and by appro- priations, members of the National Guard, Air National Guard, National Guard of the United States, the Air National Guard of the United States, Organized Reserve Corps, Naval Reserve, Marine Corps Reserve, Coast Guard Reserve, and the Reserve Corps of the Public Health Service, shall be entitled to receive compensation at the rate of one-thirtieth of the basic pay authorized for such members of the uniformed services when entitled to receive basic pay, for each regular period of instruction, or period of appropriate duty, at which they shall have been engaged for not less than two hours, including those performed on Sundays and holidays, or for the performance of such other equivalent training, instruction, or duty or appropriate duties as may be prescribed by the Secretary concerned: Provided, That for each of the several classes of organizations prescribed for the National Guard, Air National Guard, National Guard of the United States, the Air National Guard of the United States, the Organized Reserve Corps, Naval Reserve, Marine Corps Reserve, Coast Guard Reserve, and the Reserve Corps of the Public Health Service, the rules applicable to each of which services and classes within service may differ, the Secretary concerned- (1) shall prescribe minimum standards which must be met before an assembly for drill or other equivalent period of training, instruction, or duty or appropriate duties may be credited for pay purposes, which minimum standards may require the presence for duty of officers and enlisted personnel equal to or in excess of a minimum number or percentage of unit strength for a specified period of time with participation in a prescribed character of training; (2) shall prescribe the maximum number of assemblies, or periods of other equivalent training, instruction, or duty or appro- priate duties, which may be counted for pay purposes in each fiscal year; 825 Retirement benefits under prior laws. Duty two hours or over. Authority of Sear taries.