71
STAT.]
47
PUBLIC LAW 85-46-JUNE 4, 1957
excluding any increase because of retirement under section 4 of this Act, shall be reduced by 2i^ per centum of so much thereof as does not exceed $2,400 and by 10 per centum of so much thereof as exceeds $2,400." Section 6, as amended, is amended to read as follows: "The annuity of a teacher retiring under section 4 shall be at least (1) 40 per centum of the average salary or (2) the sum obtained under section 5 after increasing his total service by the period elapsing between the date of separation and the date he attains the age of sixty years, whichever is the lesser." Section 8, as amended, is amended by striking item (d) from the second sentence thereof and inserting in lieu thereof, " (d) periods of honorable active service in the Army, Navy, Air Force, Marme Corps, or Coast Guard of the United States (but not the National Guard except when ordered to active duty in the service of the United States) prior to the date of the separation upon which title to annuity is based; except that, if a teacher is awarded retired pay on account of military service, his military service shall not be included, unless such retired pay is awarded on account of a service-connected disability (1) incurred in combat with an enemy of the United States or (2) caused by an instrumentality of war and incurred in line of duty during an enlistment or employment as provided in Veterans Regulation Numbered 1 (a), part 1, paragraph 1, or is awarded under title III of Public Law 810, Eightieth Congress."; by striking from the fourth proviso thereof the words "in time of war"; by inserting the words "Air Force" after the word "Navy" in item (e) of the second sentence of section 8; and by adding at the end of section 8 the following paragraphs: "A teacher who during the period of any war, or of any national emergency as proclaimed by the President or declared by the Congress, has left or leaves his position to enter the military service, as defined in this section, shall not be considered, for the purposes of this x^ct, as separated from his teaching position by reason of such military service, unless he shall apply for and receive a lump-sum benefit under this Act, except that such teacher shall not be considered as retaining his teaching position beyond six months after the date of the approval of this Act or the expiration of five years of such military service, whichever is later. ."Nothing in this Act shall affect the right of a teacher to retired pay, pension, or compensation in addition to the annuity herein provided." Section 9, as amended, is amended by striking from the first sentence of subsection (a) the word "ten" and inserting in lieu thereof the word "five"; by inserting after the word "widow" wherever it appears in subsection (b) paragraphs (1) and (2), the words "or dependent widower"; by striking from the first sentence of subsection (b), paragraph (1) thereof the phrase "or following the widow's attainment of age fifty, whichever is the later" and adding at the end of such subsection the phrase "or upon the widower's becoming capable of self-support."; by striking the last two sentences of subsection (b), paragraph (2) thereof; by striking paragraphs (3) and (4) of subsection (b) thereof and inserting in lieu thereof the following paragraph: "(3) If any teacher to whom this Act applies shall die after completing five years of service in the public schools of the District of Columbia or after having retired under the provisions of section 3 or section 4 of this Act and is survived by a wife or husband, each surviving child who received more than one-half of his support from the teacher shall be paid an annuity equal to the smallest of (a) 40 per centum of the teacher's average salary divided by the number of chil-
D. C. C o d e 31726.
D. C. 728.
- ode al-
as u s e ch. 12A. 62 Stat. 1087. 10 USC app. 1036 note. 34 USC app. note.
Deferred annuity. D. C. C o d e 31729.
Survivor b e n e • fits.
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