Page:United States Statutes at Large Volume 75.djvu/686

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[75 Stat. 646]
[75 Stat. 646]
PUBLIC LAW 87-000—MMMM. DD, 1961

646

PUBLIC LAW 8 7 - 2 9 9 - S E P T. 26, 1961

Uniformed p e rsonnel. R e m o v a l from rolls.

Restoration.

Commissioned officer. Reappointment,

Savings c l a u s e.

Definitions.

42 USC 401-425. 45 USC 228e.

228b,

Exceptions.

u s e prec. title 1.

68 Stat. 1080. 42 USC 416.

45 USC 228c.

[75

ST AT,

"SEC. 8. (a) The President may— "(1) drop from the rolls any member of the armed forces, and any member of the Coast and Geodetic Survey or of the Public Health Service, who is deprived of retired pay under the provisions of this Act, and "(2)(A) restore to any person so dropped from the rolls to whom retired pay is restored by reason of any provision of or change in this Act (including the provisions of section 2 of the Act which enacts this clause), his military status, and (B) restore to him and his beneficiaries all rights and privileges of which he or they were deprived by reason or his name having been dropped from the rolls. " (b) If the person restored was a commissioned officer he may be reappointed by the President alone to the grade and position on the retired list which he held at the time his name was dropped from the rolls. "SEC. 9. This Act shall not be construed to restrict any authority under any other provision of law to deny or withhold benefits authorized by law. "SEC. 10, As used in this Act— " (1) the term 'officer or employee of the Government' includes— " (A) an officer or employee in or under the legislative, executive, or judicial branch of the Government of the United States; " (B) a Member of. Delegate to, or Resident Commissioner in, the Congress of the United States; " (C) an officer or employee of the government of the District of Columbia; and " (D) a member or former member of the armed forces, the Coast and Geodetic Survey, or the Public Health Service. "(2) the term 'annuity' means any retirement benefit (including any disability insurance benefit and any dependent's or survivor's benefit under title II of the Social Security Act and any monthly annuity under section 2 or section 5 of the Railroad Retirement Act of 1937) payable by any department or agency of the Government of the United States or the government of the District of Columbia upon the basis of service as a civilian officer or employee of the Government and any other service which is creditable to an officer or employee of the Government toward such benefit under the law, regulation, or agreement providing such benefit, except that— " (A) the term 'annuity' does not include any benefit provided under laws administered by the Veterans' Administration; " (B) the term 'annuity' does not include salary or compensation which may not be diminished under section 1 of Article III of the Constitution of the United States; " (C) the term 'annuity' does not include, in the case of a benefit payable under title II of the Social Security Act, so much of such benefit as would be payable without taking into account (for any of the purposes of such title II, including determinations of periods of disability under section 216(i)) any remuneration for service as an officer or employee of the Government; '^(D) the term 'annuity' does not include any monthly annuity awarded under section 2 or section 5 of the Railroad Retirement Act of 1937 prior to the date of enactment of this amendment (whether or not computed under section 3(e) of such Act) and, in the case of any annuity awarded