An Act to amend section 265 of the Armed Forces Reserve Act of 1952, as amended (50 U.S.C. 1016), relating to lump-sum readjustment payments for members of the Reserve components who are involuntarily released from active duty, and for other purposes
PL 87-509 (H.R.8773), enacted 06/28/1962

12& 
PUBLIC LAW 87-509-JUNE 28, 1962 
[76 STAT. 
Public Law 87-509 
June 28, 1962 
^^ A.CT 
[H. R. 8773] 
rpf, auieiid section 265 of the Armed Forces Reserve Act of 1952, as amended 
(50 U.S.C. 1016), relating to lump-sum readjustment payments for members 
of the reserve components who are involuntarily released from active duty, 
and for other puriwses. 
Be it enacted hy the Senate and House of Representatives 
of the 
Armed Forces, 
United Stutes of America in Congress assembled,, That section 265 of 
Lump-sum pay- 
^\^^ Armed FoFces Reserve Act of 1952, as amended (50 U.S.C. 1016), 
merits to reserv- 
•
i
i
(
»
i
i 
ists. 
IS amended as lollows: 
70 Stat. 517. 
^-|^^ Subsection (a) is amended to read as follows: 
"(a) A member of a reserve component who is involuntarily re-
leased from active duty after the date of enactment of this amended 
subsection and after having completed immediately prior to such 
release at least five years of continuous active duty, except for breaks 
in service of not more than thirty days, as either an officer, warrant 
officer, or enlisted person, is entitled to a lump-sum readjustment pay-
ment computed on the basis of two months' basic pay in the grade in 
which he is serving at the time of release from active duty for each 
year of active service (other than in time of war or of national emer-
gency hereafter declared by Congress) ending at the close of the 
eighteenth year. 
However, the readjustment payment of a member 
who is released from active duty because his performance of duty has 
fallen below standards prescribed by the appropriate Secretary or be-
cause his retention is not clearly consistent with the interests of na-
tional security, shall be computed on the basis of one-half of one 
month's pay. For the purposes of computing the amount of the read-
justment payment, a part of a year that is six months or more is 
counted as a whole year, and a part of a year that is less than six 
months is disregarded, and any prior period for which readjustment 
pay has been received under any other provision of law shall be ex-
cluded. No person covered by this subsection may be paid a total of 
more than two years' basic pay in the grade in which he is serving at 
the time of release or $15,000, whichever is the lesser. There shall be 
deducted from any lump-sum readjustment payment under this sub-
section any mustering-out pay received under the Mustering-Out Pay-
72 Stat. 1272 
meut Act of 1944, the Veterans' Readjustment Assistance Act of 1952, 
"as^usc 101- 
"^ chapter 43 of title 38, United States Code." 
2105. 
^^° 
(2) The second sentence of subsection (b) (5) is amended to read 
TcT^sut.'^sn" 
^^ follows: "However, such a person is entitled— 
"(A) to receive readjustment pay under this section even 
though he is also entitled to be paid under section 680 of title 10, 
70A Stat. 30. 
United States Code; and 
"(B) with respect to severance pay to which he is entitled under 
any provision of law other than section 680 of that title^ to elect 
either to receive that severance pay or to receive readjustment 
pay under this section, but not both." 
70 Stat. 517. 
(3) Subsection (b) (6) is amended to read as follows: 
"(6) Except as provided in this clause, a person who upon release 
from active duty is eligible for disability compensation under laws 
administered by the Veterans' Administration. However, such a per-
son may receive readjustment pay under this section in addition to dis-
ability compensation subject to deduction from the disability compen-
sation of an amount equal to 75 percent of the readjustment pay. 
Receipt of readjustment pay shall not deprive a person of any part 
of any disability compensation to which he may become entitled, on 
the basis of subsequent service, under laws administered by the Vet-
erans' Administration." 
76 STAT. ] 
PUBLIC LAW 87-510-JUNE 28, 1962 
121 
(4) Subsection (c) is amended to read as follows: 
70 stat. sis. 
" (c) A member of a reserve component who has received a readjust- 
^° ^^^ ^^^^^ 
ment payment under this section after the date of enactment of this 
amended subsection and who qualifies for retired pay under any pro-
vision of title 10 or title 14, United States Code, that authorizes his 
retirement upon completion of 20 years of active service, may receive 
that pay subject to the immediate deduction from that pay of an 
amount equal to 75 percent of the amount of the readjustment pay-
ment, without interest." 
(5) Subsection (e) is repealed. 
Repeal. 
SEC. 2. Section 680 (a) (2) of title 10, United States Code, is amended 
Release from 
by striking out the word "or" before the designation " ( C ) " and insert- ^"^Q'X s^^^^ ^Q 
ing before the period at the end the words ", or (D) released because he 
has been considered at least twice and has not been recommended for 
promotion to the next higher grade or because he is considered as 
having failed of selection for promotion to the next higher grade and 
has not been recommended for promotion to that grade, under condi-
tions that would require the release or separation of a Reserve Officer 
who is not serving under such agreement". 
SEC. 3. Notwithstanding an election under section 265(b)(6) of 
the Armed Forces Reserve Act of 1952 (50 US.C. 1016(b) (6)), before 
the date of enactment of this Act, to receive a readjustment payment 
under that section, any person who made such an election may be 
awarded disability compensation to which he is otherwise entitled, 
subject to deduction as provided in that section, as amended by this 
Act. 
However, such an award may not become effective for any 
period before the date of enactment of this Act. 
SEC. 4. (a) Sections 1167(d), 3303(d), and 8303(d) of title 10, 
United States Code, are each amended by inserting the following new 
70A stat. 91, 
sentence at the end thereof: "However, no person is entitled to sever- H^' \lf ^'* ^*^'' 
ance pay under this section in an amount that is more than $15,000." 
(b) Sections 6382(c), 6383(f), 6384(b), and 6401(b) of title 10, 
United States Code, section 437(f) of title 14, United States Code, 
7
0
A stat. 4os, 
and sections 112(g) and 212(g) of the Officers Personnel Act of 1947 ^07, 4i5, 622. 
(61 Stat. 808, 825) are each amended by inserting the following new 
1
0 use 5701 
sentence at the end thereof: "However, no person is entitled to a 
lump-sum payment under this section that is more than $15,000." 
Approved June 28, 1962. 
Public Law 87-510 
AN ACT 
June 28, 1962 
To enable the United States to participate in the assistance rendered to certain 
[H. R. 8291] 
migrants and refugees. 
Be it etmcted by the Senate and House of Representatives 
of the 
United States of Amsrica in Congress assemhled^ That this Act may 
Migration and 
be cited as the "Migration and Refugee Assistance Act of 1962". 
ance^Xct1>rl96"2. 
SEC. 2. (a) The President is hereby authorized to continue member-
ship for the United States in the Intergovernmental Committee for 
European Migration in accordance with its constitution approved in 
Venice, Italy, on October 19, 1963. For the purpose of assisting in 
the movement of refugees and migrants and to enhance the economic 
progress of the developing countries by providing for a coordinated 
supply of selected manpower, there are hereby authorized to be appro-
priated such amounts as may be necessary from time to time for the 
note.