Page:United States Statutes at Large Volume 72 Part 1.djvu/1580

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[72 Stat. 1538]
PUBLIC LAW 85-000—MMMM. DD, 1958
[72 Stat. 1538]

1538

PUBLIC LAW 86-861-SEPT. 2, 1958

[72

ST A T.

Air Force, be retained in an active status, but not later than the date on which he becomes 62 years of age. Not more than 10 officers may be retained under this subsection at any one time. "§8853. Computation of years of service "For the purpose of determining whether a reserve commissioned officer may be transferred to the Retired Reserve, or discharged, under this chapter, his years of service are computed by adding— "(1) all service as a commissioned officer of any armed force; "(2) all service as a commissioned officer in the federally recognized National Guard before June 15, 1933, or in a federally recognized commissioned status in the National Guard; and "(3) all service credited to him under section 8353 of this title. No service may be counted more than once." (193) The chapter analysis of subtitle D and the chapter analysis of part II of subtitle D are amended by striking out the following item: "863. Separation or transfer to Retired Reserve."

and inserting the following item in place thereof: "863. Separation or transfer to Retired Reserve to u s e 8888.

10 U S C 88838886.

10 USC 131, 142, 233, 291.

5 USC 627g.

8841."

(194) Section 8888 is amended to read as follows: "§ 8888. Computation of years of service: mandatory retirement; regular commissioned officers "For the purpose of computing the retired pay of a commissioned officer of the Regular Air Force retired under section 8883, 8884, 8885, or 8886 of this title, his years of service are the greater of— "(1) the years of service that may be credited to him under section 1405 of this title; or "(2) his years of service computed under clause (A), (B), (C), (D), (E), (F), (G),or (H), whichever applies: "(A) For an officer of the Regular Air Force appointed in the Regular Army or the Regular Air Force before January 1, 1948, under the Act of December 28, 1945, ch. 601 (59 Stat. 663), the sum of— "(i) the years of service credited to him under that Act at the time of his appointment; "(ii) his years of active commissioned service in the Regular Army and the Regular Air Force after that appointment; and "(iii) the years of service credited to him under section 27 of the Act enacting this amended section. "(B) For an officer appointed in the Regular Air Force under section 308 of the Women's Armed Service.*? Integration Act of 1948 (62 Stat. 373), the sum of— "(i) the years of service credited to her under that section at the time of her appointment; "(ii) her years of active commissioned service in the Regular Air Force after that appointment; "(iii) the years of service credited to her under section 27 of the Act enacting this amended section, "(C) For a reserve judge advocate appointed in the Regular Army in the grade of captain in the Judge Advocate General's Department under section 24e of the National Defense Act, as amended (53 Stat. 558)—^ "(i) his years of active commissioned service in the Army after becoming 21 years of age, after December 7, 1941, and before the date of that appointment; or