Pub. L. 83-773, tit. III, subtit. F, sec. 339

retention of certain officers for additional service

EnactedYear: 1954Length: 401 wordsOfficial source
retention of certain officers for additional service Sec. 339. (a) A Reserve officer who otherwise would be removed from an active status under section 326 before the expiration of the period for which he has agreed to serve on active duty in which serving on the effective date of this Act, may, in the discretion of the Secretary, be retained on active duty until the expiration of such period and shall not be removed from an active status so long as he remains on active duty. (b) A Reserve officer serving on active duty in the temporary grade of colonel or higher who otherwise would be removed from an active 68 Stat. 1166status under section 326 may in the discretion of the Secretary be retained on active duty but not beyond the sixtieth anniversary or his birth and shall not be removed from an active status so long as he remains on active duty. (c) A Reserve officer serving on active duty on the effective date of this Act who on the date he otherwise would be removed from an active status under section 325 has completed at least eighteen but less than twenty years of active Federal service under title II, Army and Air Force Vitalization and Retirement Equalization Act of 1948 (62 Stat. 1084) may, in the discretion of the Secretary, be retained on active duty until he completes twenty years of active Federal service provided he will then be entitled for the benefits under that title and will not earlier attain age sixty. He shall not be removed from an active status so long as he remains on active duty. (d) A Reserve officer serving on active duty on the effective date of this Act who on the date he otherwise would be removed from an active status under section 326— (1) does not qualify for the benefits under title II, Army and Air Force Vitalization and Retirement Equalization Act of 1948 (62 Stat 1084), (2) but could become entitled on or before attaining age sixty for the benefits under title II or title III of that Act, may, in the discretion of the Secretary, be retained on active duty until he becomes entitled to receive the benefits under title II or under title III of that Act, whichever occurs earlier. He shall not be removed from an active status so long as he remains on active duty.
Pub. L. 83-773, tit. III, subtit. F, sec. 339: retention of certain officers for additional service | Justis AI