Pub. L. 88-448, tit. II, sec. 202

Sec. 202. Section 12 of the Veterans’ Preference Act of 1944, as amended (5 U.S.C. 861), is amended— (1) by inserting “(a)” immediately following “Sec. 12.”; (2) by inserting “, subject to subsection (e) of this section,” immediately after the word “That” in the first proviso thereof: (3) by inserting “(subject to subsection (b) of this section)” immediately after “military preference”; and (4) by adding at the end thereof the following new subsections: “(b) Notwithstanding any other provision of this Act, an employee who is a retired member of any of the uniformed services included under section 2 of this Act shall be considered a preference employee for the purposes of subsection (a) of this section only if— “(1) his retirement was based on disability (A) resulting from injury or disease received in line of duty as a direct result of armed conflict or (B) caused by an instrumentality of war and incurred in the line of duty during a period of war (as defined in sections 101 and 301 of title 38, United States Code); or “(2) his service does not include twenty or more years of full-time active service (regardless of when performed but not including periods of active duty for training); or “(3) immediately prior to the effective date of this subsection, he was employed in a civilian office to which this Act applies and, on and after such date, he continues to be employed in any such office without a break in service of more than thirty days. “(c) In computing length of total service, an employee who is a retired member of any of the uniformed services shall be given credit for— “(1) the length of time in active service in the armed forces during any war, or in any campaign or expedition (for which a campaign badge has been authorized); or “(2) if he is included under clause (1), (2), or (3) of subsection (b) of this section, the total length of time in active service in the armed forces.”