United States Code

No. 1, §§ 5, 8, eff. Apr. 11, 1953, 18 F. R. 2053, 67 Stat. 631; Apr. 27, 1956, ch. 211, § 4 (a), 70 Stat. 117; Apr. 8, 1960, Pub. L. 86-415, § 5 (c), 74 Stat. 34; Sept. 7, 1962, Pub. L. 87-649, § 11(2), 76 Stat. 497.)

REFERENCES IN TEXT

Section 21a of Title 5, referred to in subsection (m), was repealed and is now covered by sections 2104(1) and 3332 of Title 5, Government Organization and Employees.

AMENDMENTS

1962 Subsec. (g). Pub. L. 87-649 substituted "basic pay" for "pay” in clauses (1) and (2).

1960 Subsec. (g). Pub. L. 86-415 substituted "of the basic pay of the permanent grade held by him at the time of retirement for each year" for "of his active duty pay at the time of retirement for each complete year" in cl. (3).

1956 Subsec. (d) (2). Act Apr. 27, 1956, deleted "pay period and for purposes of" preceding "seniority in grade". 1949 Subsec. (g). Act Oct. 12, 1949, struck out "incurred in line of duty" wherever appearing.

1948-Act Feb. 28, 1948, amended subsecs. (a)-(c) generally, and added subsecs. (d)—(m).

EFFECTIVE DATE OF 1962 AMENDMENT Amendment of section by Pub. L. 87-649 effective on Nov. 1, 1962, see section 15 of Pub. L. 87-649, set out as a note preceding section 101 of Title 37, Pay and Allowances of the Uniformed Services.

EFFECTIVE DATE OF 1949 AMENDMENT Amendment of section by act Oct. 12, 1949, was effective Oct. 1, 1949.

DELEGATION OF FUNCTIONS

Functions of the President delegated to the Secretary of Health, Education, and Welfare, see Ex. Ord. No. 11140, January 30, 1964, 29 F.R. 1637, set out as a note under section 202 of this title.

TRANSFER OF FUNCTIONS

All functions of Public Health Service of the Surgeon General of the Public Health Service, and of all other officers and employees of the Public Health Service, and all functions of all agencies of or in the Public Health Service transferred to Secretary of Health, Education, and Welfare by 1966 Reorg. Plan No. 3, 31 F.R. 8855, 80 Stat. 1610, effective June 25, 1966, set out as a note under section 202 of this title.

All functions of the Federal Security Administrator were transferred to the Secretary of Health, Education, and Welfare and all agencies of the Federal Security Agency were transferred to the Department of Health, Education, and Welfare by section 5 of 1953 Reorg. Plan No. 1, set out in the Appendix to Title 5, Government Organization and Employees. The Federal Security Agency and the office of Administrator were abolished by section 8 of 1953 Reorg. Plan No. 1.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 210, 211b, 212 of this title.

§ 211a. Appointment to higher grades for mental health and hospital construction activities.

Twenty officers may be appointed to grades in the Regular Corps of the Service above that of senior assistant, but not to a grade above that of director, to assist in carrying out the purposes of this chapter with respect to mental health and twenty officers may be appointed to such grades in the Regular Corps to assist in carrying out subchapter IV of this chapter. Officers appointed pursuant to this section in any fiscal year shall not be counted as part of the 10 per centum of the original appointments authorized to be made in such year under section 209 (b) of this title; but they shall for all other purposes be treated as though appointed pursuant to such section 209 (b) of this title. The

twenty officers authorized by this section to be appointed to carry out the purposes of this chapter with respect to mental health and the twenty officers so authorized to be appointed to carry out subchapter IV of this chapter shall be reduced by the number of officers appointed under clause (A) and the number appointed under clause (B), respectively, of section 209 (b) (2) of this title, in effect prior to February 28, 1948. (July 1, 1944, ch. 373, title XI, § 1111, formerly title VII, § 711, as added Feb. 28, 1948, ch. 83, § 9(b), 62 Stat. 47, and renumbered title VIII, § 811, July 30, 1956, ch. 779, § 3(b), 70 Stat. 721, title IX, § 911, Sept. 4, 1964, Pub. L. 85-581, § 4(b), 78 Stat. 919, Title X, § 1011, Oct. 6, 1965, Pub. L. 89-239, § 3(b), 79 Stat. 931, title XI, § 1111, Dec. 24, 1970, Pub. L. 91-572, § 6(b), 84 Stat. 1506.)

CODIFICATION

Section not part of the Public Health Service Act, see section 4(a) of Pub. L. 88-581, set out as the Short Title note under section 201 of this title.

TRANSFER OF FUNCTIONS

All functions of Public Health Service, of the Surgeon General of the Public Health Service, and of all other officers and employees of the Public Health Service, and all functions of all agencies of or in the Public Health Service transferred to Secretary of Health, Education, and Welfare by 1966 Reorg. Plan No. 3, 31 F.R. 8855, 80 Stat. 1610, effective June 25, 1966, set out as a note under section 202 of this title.

§ 211b. Promotion of commissioned officers.
(a) Temporary promotions prior to July 1, 1948.

Except as provided in the third and fourth paragraphs of this section, no promotion shall be made under section 211 of this title, prior to July 1, 1948. Until that date officers of the Regular Corps may receive temporary promotions to higher grades with the pay and allowances thereof pursuant to section 211 (a) (1) of this title, in force prior to February 28, 1948, notwithstanding the termination, prior to such date, of the war and of the national emergencies proclaimed by the President. Any officer holding, on June 30, 1948, an appointment pursuant to such section to a higher temporary grade shall continue in such grade until such appointment is terminated, as the President may direct.

(b) Service credit.

Effective as of February 28, 1948, each officer of the Regular Corps on such date, in addition to the credit he has under preexisting legislation for purposes of promotion, shall be credited with three years of service.

Officers of the Regular Corps who have, or who on or before July 1, 1948, will have, the years of service prescribed in paragraph (2) of section 211 (d) of this title, for promotion to the senior assistant, full, or senior grade, shall be recommended to the President for such promotion, to be effective as of July 1, 1948, whether or not vacancies exist in such grade. Such promotions shall be made without examination, except that no promotions shall be made to the senior grade or any grade immediately below a restricted grade until the officer is found qualified for promotion pursuant to subsection (c) of section

211 of this title. No promotion shall be made pursuant to this paragraph to any grade in any professional category if such grade has been made a restricted grade pursuant to subsection (b) of section 211 of this title. For purposes of seniority an officer promoted under this paragraph shall be credited with the years of service in the grade to which promoted equal to the excess of his years of service on the date of promotion over the years of service required for promotion to such grade under paragraph (2) of section 211 (d) of this title.

Officers in the junior assistant grade in the Regular Corps who have, or who on or before July 1, 1948, will have four or more years of service in the junior assistant grade, shall be recommended to the President for promotion to the assistant grade, to be effective as of July 1, 1948, without examination and whether or not vacancies exist in such grade. For purposes of promotion and seniority in grade, an officer promoted under this paragraph shall be credited with the years of service equal to the excess of his years of service on the date of promotion over four years.

(d) Service for purpose of seniority.

For purposes of seniority, any officer of the Regular Corps of the Public Health Service on February 28, 1948, shall be considered as having had service in the grade which he holds on such date equal to the excess of the service credited to him for promotion purposes over the length of service required under section 211 (d) (2) of this title, for promotion to such grade.

(e) Term or tenure of office unaffected prior to July 1, 1948.

Except as provided in the third and fourth paragraphs of this section, the provisions of this section shall not, prior to July 1, 1948, affect the term or tenure of office (including any office held under temporary promotion) of any commissioned officer of the Service in office upon February 28, 1948. (Feb. 28, 1948, ch. 83, § 6 (b-f), 62 Stat. 45.)

CODIFICATION

Section is composed of subsecs. (b)-(f) of section 6 of act Feb. 28, 1948, and was not enacted as a part of the Public Health Service Act which comprises this chapter.

TRANSFER OF FUNCTIONS

§ 211c. Promotion credit for medical officers in the assistant grade.

Any medical officer of the Regular Corps of the Public Health Service who

(1) (A) was appointed to the assistant grade in the Regular Corps and whose service in such Corps has been continuous from the date of appointment or (B) may hereafter be appointed to the assistant grade in the Regular Corps, and

(2) had or will have completed a medical internship on the date of such appointment,

shall be credited with one year for purposes of promotion and seniority in grade, except that no such credit shall be authorized if the officer has received or will receive similar credit for his internship under other provisions of law. In the case of an officer on active duty on the effective date of this section who is entitled to the credit authorized herein, the one year shall be added to the promotion and seniorityin-grade credits with which he is credited on such date. (July 1, 1944, ch. 373, title II, § 220, as added Apr. 30, 1956, ch. 223, § 3, 70 Stat. 121.)

REFERENCES IN TEXT

For "the effective date of this section", referred to in the text, see section 7 of act Apr. 30, 1956, which provided in part that this section shall become effective the first day of the month following the day of enactment, Apr. 30, 1956.

TRANSFER OF FUNCTIONS

§ 212. Retirement of commissioned officers.

(a) Age; length of service; computation of retired pay; voluntary retirement of Surgeon General, Deputy Surgeon General and Assistant Surgeon General.

(1) A commissioned officer of the Service shall be retired on the first day of the month following the month in which he attains the age of sixty-four years.

(2) A commissioned officer of the Service may be retired by the Secretary, and shall be retired if he applies for retirement, on the first day of any month after completion of thirty years of active service.

(3) Any commissioned officer of the Service who has had less than thirty years of active service may be retired by the Secretary, with or without application by the officer, on the first day of any month after completion of twenty or more years of active service of which not less than ten are years of active commissioned service in any of the uniformed services.

(4) A commissioned officer retired pursuant to paragraph (1), (2), or (3) who was (in the case of an officer in the Reserve Corps) on active duty with the Service on the day preceding such retirement shall be entitled to receive retired pay at the rate of 22 per centum of the basic pay of the highest grade held by him as such officer and in which, in the case of a temporary promotion to such grade, he has performed active duty for not less than six months, (A) for each year of active service, or (B) if it results in higher retired pay, for each of the following years:

(i) his years of active service (determined without regard to subsection (d) of this section) as a member of a uniformed service; plus

(ii) in the case of a medical or dental officer, four years and, in the case of a medical officer, who has completed one year of medical internship or the equivalent thereof, one additional year, the four years and the one year to be reduced by the period of active service performed during such

officer's attendance at medical school or dental school or during his medical internship; plus

(iii) the number of years of service with which he was entitled to be credited for purposes of basic pay on May 31, 1958, or (if higher) on any date prior thereto, reduced by any such year included under clause (i) and further reduced by any such year with which he was entitled to be credited under paragraphs (7) and (8) of section 205(a) of Title 37 on any date before June 1, 1958; except that (C) in the case of any officer whose retired pay, so computed, is less than 50 per centum of such basic pay, who retires pursuant to paragraph (1) of this subsection, who has not less than twelve whole years of active service (computed without the application of subsection (e) of this section), and who does not use, for purposes of a retirement annuity under the Civil Service Retirement Act, any service which is also creditable in computing his retired pay from the Service, it shall, instead, be 50 per centum of such pay, and (D) the retired pay of an officer shall in no case be more than 75 per centum of such basic pay.

(5) With the approval of the President, a commissioned officer whose service as Surgeon General, Deputy Surgeon General, or Assistant Surgeon General has totaled four years or more and who has had not less than twenty-five years of active service in the Service may retire voluntarily at any time; and his retired pay shall be at the rate of 75 per centum of the basic pay of the highest grade held by him as such officer.

(b) Basic pay of highest temporary grade.

For purposes of subsection (a) of this section, the basic pay of the highest grade to which a commissioned officer has received a temporary promotion means the basic pay to which he would be entitled if serving on active duty in such grade on the date of his retirement.

A commissioned officer, retired for reasons other than for failure of promotion to the senior grade, may (1) if an officer of the Regular Corps or an officer of the Reserve Corps entitled to retired pay under subsection (a) of this section, be involuntarily recalled to active duty during such times as the Commissioned Corps constitutes a branch of the land or naval forces of the United States, and (2) if an officer of either the Regular or Reserve Corps, be recalled to active duty at any time with his consent.

(d) Active service.

The term "active service," as used in subsection (a) of this section, includes:

(1) all active service in any of the uniforined services;

(2) active service with the Public Health Service, other than as a commissioned officer, which the Surgeon General determines is comparable to service performed by commissioned officers of the Service, except that, if there are more than five years of such service only the last five years thereof may be included; and

(3) all active service (other than service included under the preceding provisions of this sub

section) which is creditable for retirement purposes under laws governing the retirement of members of any of the uniformed services.

(e) Crediting of part of year of active service.

For the purpose of determining the number of years by which a percentage of the basic pay of an officer is to be multiplied in computing the amount of his retired pay pursuant to section 211(g)(3) of this title or paragraph (4) of subsection (a) of this section, a part of a year of active service of six months or more shall be counted as a whole year and a part of a year of active service which is less than six months shall be disregarded.

(f) Retirement or separation for physical disability. For purposes of retirement or separation for physical disability under chapter 61 of Title 10, a commissioned officer of the Service shall be credited, in addition to the service described in section 1208(a)(2) of that title, with active service with the Public Health Service, other than as a commissioned officer, which the Surgeon General determines is comparable to service performed by commissioned officers of the Service, except that, if there are more than five years of such service, only the last five years thereof may be so credited. For such purposes, such section 1208(a) (2) shall be applicable to officers of the Regular or Reserve Corps of the Service. (July 1, 1944, ch. 373, title II, § 211, 58 Stat. 688; Feb. 28, 1948, ch. 83, § 7, 62 Stat. 46; Oct. 12, 1949, ch. 681, title V, § 521(d), 63 Stat. 835; 1953 Reorg. Plan No. 1, §§ 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Apr. 27, 1956, ch. 211, § 5 (a)-(c), 70 Stat. 117; Aug. 10, 1956, ch. 1041, § 5, 70A Stat. 620; Apr. 8, 1960, Pub. L. 86-415, § 4, 74 Stat. 33; May 14, 1970, Pub. L. 91-253, § 1, 84 Stat. 216.)

REFERENCES IN TEXT

The Civil Service Retirement Act, referred to in subsec. (a) (4), is now covered by chapter 83 of Title 5, Government Organization and Employees.

AMENDMENTS

1970 Subsec. (a) (4). Pub. L. 91-253 inserted "plus" after the semicolon at the end of cl. (11), and added el. (iii).

1960-Pub. L. 86-415 amended section generally, and among other changes, authorized the retirement of commissioned officers who have had less than 30 years of active service any time after the completion of 20 years of active service, permitted persons who have served as Deputy Surgeons General or Assistant Surgeons General for four or more years and who have had at least 25 years of active service to retire voluntarily at any time, provided for the recall to active duty of officers of the Reserve Corps entitled to retired pay under subsection (a) of this section during such times as the Corps constitutes a branch of the land or naval forces of the United States, authorized credit, for retirement purposes, of active service in the uniformed services and limited to five years the crediting of active service with the Public Health Service other than as a commissioned officer, and established the methods for computation of retired pay for active duty officers retiring for age or length of service.

1956 Subsec. (a). Act Apr. 27, 1956, § 5(a), authorized the crediting of noncommissioned service for purposes of retirement.

Subsec. (b)(1). Act Apr. 27, 1956, § 5(b), authorized the crediting of noncommissioned service in the Service for purposes of retirement.

Subsec. (c). Act Apr. 27, 1956, § 5(c), permitted the result of retired officers of the Regular Corps without their

consent whenever the Regular Corps has military status, and authorized the recall of retired officers of the Regular or Reserve Corps with their consent at any time.

Subsec. (g). Act Aug. 10, 1956, provided for the crediting of service for the purposes of retirement or separation for physical disability under chapter 61 of Title 10, Armed Forces.

1949 Subsec. (a). Act Oct. 12, 1949, redesignated former subsec. (b) as (a), substituted "subsection (b)" for "subsection (c)" and repealed former subsec. (a) relating to retirement for disability or disease.

Subsec. (b). Act Oct. 12, 1949, redesignated former subsec. (c) as (b) and omitted reference to retirement for disability or disease. Former subsec. (b) redesignated (a). Subsec. (c). Act Oct. 12, 1949, redesignated former subsec. (d) as (c) and omitted reference to recovery from a disability. Former subsec. (c) redesignated (b). Subsecs. (d)-(f). Act Oct. 12, 1949, redesignated former subsecs. (e)-(g) as (d)-(f). Former subsec. (d) redesignated (c).

Subsec. (g). Act Oct. 12, 1949, redesignated former subsec. (h) as (g) and amended the subsection generally to relate to retirement or separation for physical disability. 1948-Subsec. (b). Act Feb. 28, 1948, added length of service for retirement purposes.

Subsec. (c) (2). Act Feb. 28, 1948, made subdivision applicable to the grade of Assistant Surgeon General.

Subsec. (d). Act Feb. 28, 1948, substituted "under the provisions of subsection (b) of this section" for "for age". Subsecs. (g), (h). Act Feb. 28, 1948, added subsecs. (g) and (h).

EFFECTIVE DATE OF 1970 AMENDMENT

Section 2 of Pub. L. 91-253 provided that: "The amendments made by this Act [amending subsec. (a) (4) of this section] shall apply in the case of retired pay for any period after the month in which this Act is enacted [May 1970]."

EFFECTIVE DATE OF 1960 AMENDMENT

Section 8(b) of Pub. L. 86-415 provided that: "The amendment made by section 4 [to this section] shall become effective on the date of enactment of this Act [April 8, 1960] in the case of commissioned officers of the Regular Corps of the Public Health Service, and on July 1, 1960, in the case of commissioned officers of the Reserve Corps of the Public Health Service."

EFFECTIVE DATE OF 1949 AMENDMENT Amendment of section by act Oct. 12, 1949, was effective Oct. 1, 1949.

DELEGATION OF FUNCTIONS

Functions of the President delegated to the Secretary of Health, Education, and Welfare, see Ex. Ord. No. 11140, January 30, 1964, 29 F.R. 1637, set out as a note under section 202 of this title.

TRANSFER OF FUNCTIONS

SAVINGS PROVISION

Subsections (c) and (d) of section 8 of Pub. L. 86-415 provided that:

"(c) An officer in the Regular Corps on active duty on the date of enactment of this Act [April 8, 1960] may be retired and have his retired pay computed under section 211 of the Public Health Service Act, as amended by this

Act [this section], or, if he so elects, under such section as in effect prior to the date of enactment of this Act [April 8, 1960].

"(d) The limitation under subsection (f) of section 211 of the Public Health Service Act, as amended by this Act [subsec. (f) of this section], on the amount of active service with the Public Health Service, other than as a commissioned officer, which may be counted for purposes of retirement or separation for physical disability, shall not apply in the case of any officer of the Reserve Corps of the Public Health Service on active duty on June 30, 1960."

COVERAGE UNDER CIVIL SERVICE RETIREMENT ACT Creditable service for purposes of the Civil Service Retirement Act for certain commissioned officers of the Regular or Reserve Corps of the Public Health Service, see section 6 (a), (b) of Pub. L. 86-415, set out as a note under section 8332 of Title 5, Government Organization and Employees.

CROSS REFERENCES

Restriction on retirement payment to officers selling to Government agencies, see section 801 (c) of Title 37, Pay and Allowances of the Uniformed Services.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 209, 210, 212a of this title.

§ 212a. Same; certain retirements for disability.

An officer of the Reserve Corps of the Public Health Service who was separated from the Service or returned to inactive status by reason of a disability incurred in line of duty after December 6, 1941, and prior to July 1, 1944, and who would have been eligible for retirement by reason of such disability if section 212 of this title had been in effect on and after December 7, 1941, shall be considered as though he had been retired at the time of such separation or return to inactive service. Any such officer, and any other officer of the Reserve Corps retired for a disability which was incurred in line of duty after December 6, 1941, and prior to July 1, 1944, shall be entitled, for periods both before and after the date of the enactment of this section, to the same retired pay to which he would have been entitled if section 212 of this title had been in effect on and after December 7, 1941. (July 1, 1944, ch. 373, title XI, § 1112, formerly title VII, § 712, as added Feb. 28, 1948, ch. 83, § 9(b), 62 Stat. 47, and renumbered title VIII, § 812, July 30, 1956, ch. 779, § 3(b), 70 Stat. 721; title IX, § 912, Sept. 4, 1964, Pub. L. 88-581, § 4(b), 78 Stat. 919; title X, § 1012, Oct. 6, 1965, Pub. L. 89-239, § 3(b), 79 Stat. 931; title XI, § 1112, Dec. 24, 1970, Pub. L. 91-572, § 6(b), 84 Stat. 1506.)

CODIFICATION

Section not part of the Public Health Service Act, see section 4(a) of Pub. L. 88-581, set out as the Short Title note under section 201 of this title.

TRANSFER OF FUNCTIONS

§ 212b. Repealed. Apr. 27, 1956, ch. 211, §5 (d), 70 Stat. 117.

Section, act July 31, 1953, ch. 296, title II, § 201, 67 Stat. 254, authorized the recall of retired officers of the Service, and is now covered by section 212 (c) of this title.

§ 213. Military benefits; award of decorations; authority of Surgeon General; active service deemed to be active military service.

(a) Except as provided in subsection (b) of this section, commissioned officers of the Service and their surviving beneficiaries shall, with respect to active service performed by such officers

(1) in time of war;

(2) on detail for duty with the Army, Navy, Air Force, Marine Corps, or Coast Guard; or

(3) while the Service is part of the military forces of the United States pursuant to Executive order of the President;

be entitled to all rights, privileges, immunities, and benefits now or hereafter provided under any law of the United States in the case of commissioned officers of the Army or their surviving beneficiaries on account of active military service, except retired pay and uniform allowances.

(b) The President may prescribe the conditions under which commissioned officers of the Service may be awarded military ribbons, medals, and decorations.

(c) The authority vested by law in the Department of the Army, the Secretary of the Army, or other officers of the Department of the Army with respect to rights, privileges, immunities, and benefits referred to in subsection (a) of this section shall be exercised, with respect to commissioned officers of the Service, by the Surgeon General.

(d) Active service of commissioned officers of the Service shall be deemed to be active military service in the Armed Forces of the United States for the purposes of all laws administered by the Veterans' Administration (except the Servicemen's Indemnity Act of 1951) and section 417 of this title. (July 1, 1944, ch. 373, title II, § 212, 58 Stat. 689; July 15, 1954, ch. 507, § 14 (a), 68 Stat. 481; Aug. 1, 1956, ch. 837, title V, § 501 (b) (1), 70 Stat. 881.)

REFERENCES IN TEXT

The Servicemen's Indemnity Act of 1951, referred to in subsec. (d), was act Apr. 25, 1951, ch. 39, Part I, 65 Stat. 33, and was repealed by section 502 (9) of act Aug. 1, 1956.

CODIFICATION

The Department of War was designated the Department of the Army and the title of the Secretary of War was changed to Secretary of the Army by act July 26, 1947, ch. 343, title II, § 205 (a), 61 Stat. 501. Section 205 (a) of act July 26, 1947 was repealed by act Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted "Title 10, Armed Forces", which in sections 3011-3013 continued the military Department of the Army under the administrative supervision of a Secretary of the Army.

AMENDMENTS

1956 Act Aug. 1, 1956, amended section generally to extend all rights, privileges, immunities, and benefits provided for commissioned officers of the Army or their surviving beneficiaries to commissioned officers of the Service, with the exception of retired pay and uniform allowances, when performing duty under certain circumstances, and to provide that active service of commissioned officers shall be deemed to be active military service in the Armed Forces for the purposes of all laws administered by the Veterans' Administration (except the Servicemen's Indemnity Act of 1951) and section 417 of this title.

1954 Subsec. (a)(1). Act July 15, 1954, struck out "burial payments in the event of death," following "limited to,".

47-500 0-71—vol. 9- -5

EFFECTIVE DATE OF 1956 AMENDMENT; APPLICABILITY Section 501 (b) (2) of act Aug. 1, 1956, provided that: "The amendment made by this subsection [to this section] (A) shall apply only with respect to service performed on or after July 4, 1952, (B) shall not be construed to affect the entitlement of any person to benefits under the Veterans' Readjustment Assistance Act of 1952 [act July 16, 1952, ch. 875, 66 Stat. 633], (C) shall not be construed to authorize any payment under section 202(i) of the Social Security Act [section 402 (1) of this title], or under Veterans Regulation Numbered 9(a), for any death occurring prior to January 1, 1957, and (D) shall not be construed to authorize payment of any benefits for any period prior to January 1, 1957."

TRANSFER OF FUNCTIONS

All functions of Public Health Service, of the Surgeon General of the Public Health Service, and of all other officers and employees of the Public Health Service and all functions of all agencies of or in the Public Health Service transferred to Secretary of Health, Education, and Welfare by 1966 Reorg. Plan No. 3, 31 F.R. 8855, 80 Stat. 1610, effective June 25, 1966, set out as a note under section 202 of this title.

All functions of all officers of the Department of the Treasury, and all functions of all agencies and employees of such Department, were transferred, with certain exceptions, to the Secretary of the Treasury, with power vested in him to authorize their performance or the performance of any of his functions, by any of such officers, agencies, and employees, by 1950 Reorg. Plan No. 26, §§ 1, 2, eff. July 31, 1950, 15 F. R. 4935, 64 Stat. 1280, set out in the Appendix to Title 5, Government Organization and Employees. The Coast Guard, referred to in this section, is generally a service in the Treasury Department, but such Plan excepted, from the transfer, the functions of the Coast Guard, and of the Commandant thereof, when the Coast Guard is operating as a part of the Navy under sections 1 and 3 of Title 14, Coast Guard.

RECOMPUTATION OF SOCIAL SECURITY BENEFITS FOR OFFICERS

ENTITLED TO OLD-AGE INSURANCE BENEFITS PRIOR TO JAN. 1, 1957, OR FOR SURVIVORS OF OFFICERS WHO DIED PRIOR TO JAN. 1, 1957

Section 501 (b) (3) of act Aug. 1, 1956, provided that: "In the case of any individual—

"(A) who performed active service (1) as a commissioned officer of the Public Health Service at any time during the period beginning July 4, 1952, and ending December 31, 1956, or (ii) as a commissioned officer of the Coast and Geodetic Survey at any time during the period beginning July 29, 1945, and ending December 31, 1956; and

"(B) (1) who became entitled to old-age insurance benefits under section 202 (a) of the Social Security Act [section 402 (a) of this title] prior to January 1, 1957, or "(11) who died prior to January 1, 1957, and whose widow, child, or parent is entitled for the month of January 1957, on the basis of his wages and self-employment income, to a monthly survivor's benefit under section 202 of such act [section 402 of this title]; and

"(C) any part of whose service described in subparagraph (A) was not included in the computation of his primary insurance amount under section 215 of such act [section 415 of this title] but would have been included in such computation if the amendment made by paragraph (1) of this subsection or paragraph (1) of subsection (d) had been effective prior to the date of such computation,

"the Secretary of Health, Education, and Welfare shall, notwithstanding the provisions of section 215 (f) (1) of the Social Security Act [section 415 (f) (1) of this title], recompute the primary insurance amount of such individual upon the filing of an application, after December 1956, by him or (if he dies without filing such an application) by any person entitled to monthly survivor's benefits under section 202 of such act [section 402 of this title] on the basis of his wages and self-employment inSuch recomputation shall be made only in the manner provided in title II of the Social Security Act [sections 401-425 of this title] as in effect at the time of the last previous computation or recomputation of such

come.

« Previous Continue »

Books

United States Code, Volume 9