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REPUBLIC ACT NO. 3796 - AN ACT TO
AMEND CERTAIN Sec.S OF REPUBLIC ACT NUMBERED THREE HUNDRED AND FORTY,
OTHERWISE KNOWN AS THE ARMED FORCES RETIREMENT LAW, AS AMENDED
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Section
1. Section two of Republic Act Numbered Three Hundred
and Forty is hereby amended to read as follows:
"Sec.
2. When an officer or enlisted man is retired
under the provisions of Section one above, he shall, at his option,
receive a gratuity equivalent to one month of his base and longevity
pay on the date of retirement for every year of service such gratuity
to be payable in one lump sum, or an annual retirement pay equivalent
to two and a half per cent of the annual base and longevity pay
received by him on the date of retirement for each year's active
service rendered but not exceeding seventy-five per cent of the total
base and longevity pay received by him on the date of retirement:
Provided, however, That such retirement pay shall be subject to
adjustment based on the prevailing scale of base pay of officers and
enlisted men in the active service, such retirement pay to be payable
in equal monthly installments: Provided, further, That this rate of
retirement pay shall not be applicable to officers or enlisted men
separated from the service through the action of classification or
efficiency boards and courts martial, or as a result of their own
misconduct or resignation except as provided in Section eight (d) of
this Act. Nothing in the section shall be constructed as authorizing
payment of any differential in retirement pay to retired officers and
enlisted men as a result of any increases in the scale of salary of
officers and enlisted men in the active service prior to the approval
of this Act."
Sec. 2. Section six of the same Act, as amended, is further amended to read as follows: "Sec.
6. When called for active service, retired
officers and enlisted men shall receive the full pay of their rank or
grade. While on inactive status, they, including their wives or widows
and minor children at the time of retirement, shall be entitled to the
same privileges as officers and enlisted men in the active service, to
include medical and dental care, hospitalization and other privileges:
Provided, however, That the Secretary of National Defense shall
prescribe rules and regulations to implement this provision."
Sec. 3. All laws, executive orders, regulations and parts thereof, inconsistent with this Act are hereby repealed. Sec. 4. This Act shall take effect upon its approval. Approved: June 22, 1963. |
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