An Act to strengthen the Commissioned Corps of the Public Health Service through revision and extension of some of the provisions relating to retirement, appointment of personnel, and other related personnel matters, and for other purposes.
PL 86-415 (S.2220), enacted 04/08/1960

32 
PUBLIC LAW 86-415-APR. 8, 1960 
[74 STAT. 
Public Law 86-415 
Aprils. 1960 
AN ACT 
[S. 2220] 
rpo strengthen the Commissioned Corps of the Public Health Service through 
revision and extension of some of the provisions relating to retirement, 
appointment of personnel, and other related personnel matters, and for other 
purposes. 
P u b l i c 
Health 
S e r v i c e Commi 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ That this Act may be 
sioned c'oi^T'pe^ cited as the "Public Health Service Commissioned Corps Personnel 
sonnelActofl960. A c t of 1960". 
LIMITATION ON APPOINTMENT AND CALL TO ACTIVE DUTY OF OLDER 
COMMISSIONED OFFICERS 
SEC. 2. Section 207(a) of the Public Health Service Act (42 U.S.C. 
stif. 40^*' ^^^' ^^ 209(a)) is amended by adding at the end thereof the following new-
paragraph : 
"(3) No individual who has attained the age of forty-four shall be 
appointed to the Regular Corps, or called to active duty in the Reserve 
Corps for a period in excess of one year, unless (A) he has had a num-
Post, p. 33. 
ber of years of active service (as defined in section 211(d)) equal to 
the number of years by which his age exceeds forty-four, or (B) the 
Surgeon General determines that he possesses exceptional qualifica-
tions, not readily available elsewhere in the Commissioned Corps of 
the Public Health Service, for the performance of special duties with 
the Service, or (C) in the case of an officer of the Reserve Corps, the 
Commissioned Corps of the Service has been declared by the President 
to be a military service." 
ADDITIONAL ORIGINAL APPOINTMENTS ABOVE SENIOR ASSISTANT 
SEC. 3. Section 20T(b) of the Public Health Service Act (42 U.S.C. 
209(b)) is amended by inserting "(1)" after "(b)" and by striking 
out the last sentence andT inserting in lieu thereof the following new 
paragraphs: 
"(2) In addition to the number of original appointments to the 
Regular Corps authorized by paragraph (1) to be made to grades 
above that of senior assistant, original appointments authorized to 
be made to the Regular Corps in any year may be made to grades 
above that of senior assistant, but not above that of director, in the 
case of any individual who— 
"(A) (i) was on active duty in the Reserve Corps on July 1, 
1960, (ii) was on such active duty continuously for not less than 
one 3^ear immediately prior to such date, and (iii) applies for 
appointment to the Regular Corps prior to July 1, 1962; or 
"(B) does not come within clause (A) (i) and (ii) but was on 
active duty in the Reserve Corps continuously for not less than 
one year immediately prior to his appointment to the Regular 
Corps and has not served on active duty continuously for a period, 
occurring after June 30, 1960, of more than three and one-half 
years prior to applying for such appointment. 
" (3) No person shall be appointed pursuant to this subsection unless 
he meets standards established in accordance with regulations of the 
President." 
74 S T A T . ] 
PUBLIC LAW 86-415-APR. 8, 1960 
33 
RETIREMENT OF COMMISSIONED OFFICERS OF THE REGULAR AND RESERVE 
CORPS 
SEC. 4. Section 211 of the Public Health Service Act (42 U.S.C. 
212) is amended to read as follows: 
"SEC. 211. (a)(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 uni-
formed 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 2i/^ 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 
eiich of the following years: 
"(i) his years of active service (determined without regard to 
subsection (d)) 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 medi-
cal school or dental school or during his medical internship; 
except that (C) in the case of any officer whose retired pay, so com-
puted, is less than 50 per centum of such basic pay, who retires pur-
suant to paragraph (1) of this subsection, who has not less than twelve 
Avhole years of active service (computed without the application of 
subsection (e)), and who does not use, for purposes of a retirement 
annuity under the Civil Service Retirement Act, any service which is 
s^u^sc ^2 2'5 i-
also creditable in computing his retired pay from the Service, it shall, 2267. 
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 j^^ears 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) For purposes of subsection (a), the basic pay of the highest 
grade to which a commissioned officer has received a temporary promo-
tion means the basic pay to which he would be entitled if serving on 
active duty in such grade on the date of his retirement. 
"(c) 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), be involuntarily recalled to active duty 
48232 0 - 6 1 - 3 
34 
PUBLIC LAW 86-415-APR. 8, 1960 
[74 STAT. 
during sucli 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) The term 'active service', as used in subsection (a), includes: 
" Q ) all active service in any of the uniformed 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 subsection) which is creditable for 
retirement purposes under laws governing the retirement of mem-
bers of any of the uniformed services. 
"(e) 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 com-
42 us^c 2^1 
puting the amount of his retired pay pursuant to section 210(g) (3) 
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 tlian six months 
shall be disregarded. 
"(f) For purposes of retirement or separation for physical disability 
seq ^^^ ^^°^ *' under chapter 61 of title 10, United States Code, 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 (^orps of the Service.'' 
MISCELLANEOUS AMENDMENTS TO THE PUBLIC HEALTH SERVICE ACT 
SEC. 5. (a) Section 2 of the Public Health Service Act (42 U.S.C. 
62Stat. 469,601. 201) is amended by striking out "and" at the end of subsection (n), 
striking out the period at the end of subsection (o) and inserting in 
lieu thereof "; and", and adding after such subsection (o) the follow-
ing new subsection: 
"(p) The term 'uniformed service' means the Army, Navy, Air 
Force, Marine Corps, Coast Guard, Public Health Service, or Coast 
and Geodetic Survey." 
(b) Section 208(b) of such Act (42 U.S.C. 210(b)) is amended to 
read as follows: 
"(b) In accordance with regulations of the President, commis-
sioned officers on active duty may make allotments from their pay. 
Such officers, and retired officers entitled to retired pay pursuant to 
42^usc 2^n. 
section 210(g) (3), section 211, or section 221(a), shall be permitted 
7
0
A stat^ 619. 
to purcliase supplies from the Army, Navy, Air Force, and Marine 
'" """ ^"'" 
Corps at the same price as is charged officers thereof." 
(c) Section 210(g)(3) of such Act (42 U.S.C. 211(g)(3)) is 
amended by striking out "of his active duty pay at the time of retire-
ment for each complete year" and inserting in lieu thereof "of the 
basic pay of the permanent grade held by him at the time of retirement 
for each year". 
(d) Section 326(a) of such Act (42 U.S.C. 253(a)) is amended by 
striking out ", including those on shore duty and those on detached 
duty, whether on active duty or retired" in subparagraphs (1) and (2) 
42 use 213a. 
58 Stat. 697. 
74 S T A T . ] 
PUBLIC LAW 86-416-APR. 8, 1960 
86 
and inserting in lieu thereof "on active duty, including those on shore 
duty and those on detached duty", by strilsing out "or when retired 
for disability" in subparagraph (1), and by striking out subparagraph 
(3) and inserting in lieu thereof: 
"(3) commissioned officers of the Regular or Reserve Corps of the 
Public Health Service on active duty;''. 
COVERAGE UNDER CIVIL SERVICE RETIREMENT ACT 
SEC. 6. (a) Except as provided in subsection (b), service as a com-
missioned officer in the Regular Corps of the Public Health Service 
prior to July 1, 1960, shall be considered, for purposes of credit under 
the Civil Service Retirement Act, other than section 3(f) thereof, as 
70 stat. 743. 
civilian service performed by an employee (as defined in such Act), 
suse2251-2267. 
and commissioned officers of the Reserve Corps of the Public Health 
Service, subject to the Civil Service Retirement Act on June 30,1960, 
shall be considered as voluntarily separated on that date, with respect 
to service as such officers, from civilian positions subject to such Act. 
(b) If a commissioned officer of the Regular or Reserve Corps of 
the Public Health Service is retired after June 30, 1960, and becomes 
entitled to retired pay from the Public Health Service, all service in 
the Regular or Reserve Corps of the Public Health Service prior to 
July 1, 1960, together with any other service which is performed at 
any time with the Public Health Service, other than as a commissioned 
officer, and which is credited to the officer for purposes of such retire-
ment, shall be considered as military service for purposes of section 
3(b) of the Civil Service Retirement Act; except that, in the case of 
s use 2253. 
any such officer who is retired pursuant to subsection (a) of section 
211 of the Public Health Service Act, any such service which was 
Ante, p. 33. 
performed prior to July 1,1960, which was subject to the Civil Service 
Retirement Act, and with respect to which he has not, prior to his 
retirement, received a refund of deductions under the Civil Service 
Retirement Act, shall not be considered as military service for pur-
poses of such section 3(b), but only if he waives liis right to liave 
such service included for purposes of computing the amount of his 
retired pay from the Service. 
(c) Section l(r) of the Civil Service Retirement Act is amended 
s use 2251. 
by inserting after "Coast Guard of the United States," the phrase "or, 
after June 30, 1960, in the Regular Corps or Reserve Corps of the 
Public Health Service,". 
ELECTION OF BENEFITS UNDER T H E SOCIAL SECURITY ACT AND T H E CIVIL 
SERVICE RETIREMENT ACT 
SEC. 7. Section 215 of the Social Security Act (42 U.S.C. 415) is 
64 stat. soe. 
amended by adding at the end thereof the following new subsection: 
"(h) (1) Notwithstanding the provisions of the Civil Service Retire-
ment Act, remuneration paid for service to which the provisions of 
section 210(m) (1) of this Act are applicable and which is performed 
70 stat-^87o. 
by an individual as a commissioned officer of the Reserve Corps of the 
Public Health Service prior to July 1, 1960, shall not be included in 
computing entitlement to or the amount of any monthly benefit under 
this title, on the basis of his wages and self-employment income, for 
any month after June 1960 and prior to the first month with respect 
to which the Civil Service Commission certifies to the Secretary that, 
by reason of a waiver filed as provided in paragraph (2), no further 
annuity will be paid to him, his wife, and his children, or, if he has 
died, to his widow and children, under the Civil Service Retirement 
Act on the basis of such service. 
42 u s e 410. 
36 
PUBLIC LAW 86-416-APR. 8, 1960 
[74 STAT. 
"(2) In the case of a monthly benefit for a month prior to that in 
which the individual, on whose wages and self-employment income 
such benefit is based, dies, the waiver must be filed by such individual; 
and such waiver shall be irrevocable and shall constitute a waiver on 
behalf of himself, his wife, and his children. If such individual did 
not file such a waiver before he died, then in the case of a benefit for 
the month in which he died or any month thereafter, such waiver must 
be filed by his widow, if any, and by or on behalf of all his children, 
if any; and such waivers shall be irrevocable. Such a waiver by a 
child shall be filed by his legal guardian or guardians, or, in the 
absence thereof, by the person (or persons) who has the child in his 
care." 
EFFECTIVE DATES 
SEC. 8. (a) The amendments made by sections 2 and 5(b) shall 
become effective July 1,1960. 
(b) The amendment made by section 4 shall become effective on the 
date of enactment of this Act in the case of commissioned officers of 
the Kegular 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. 
(c) An officer in the Regular Corps on active duty on the date of 
enactment of this Act may be retired and have his retired pay com-
puted under section 211 of the Public Health Service Act, as amended 
by this Act, or, if he so elects, under such section as in effect prior to 
the date of enactment of this Act. 
(d) The limitation under subsection (f) of section 211 of the Public 
Health Service Act, as amended by this Act, 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. 
Approved April 8, 1960. 
Public Law 86-416 
April 8, 1960 
AN ACT 
[H. R. 6132] 
Relating to the rate of tax on the issuance of shares or certificates of stock by 
regulated investment companies. 
Be it enacted hy the Senate and House of Representatives 
of the 
Btam''ta™ra?e°'^ United States of America in Congress assembled, That the first sen-
^ T^^tat^^ 7293. 
tence of section 4301 of the Internal Revenue Code of 1954 (relating 
26 use 4301. 
^^ imposition of documentary stamp tax on original issue of shares or 
certificates of stock) is amended by inserting before the period at the 
end thereof the following: "; except that such rate shall be 4 cents 
instead of 10 cents in the case of shares or certificates issued by a cor-
68A Stat. 268; 72 poratiou to which subchapter M of chapter 1 applies for the taxable 
^^26 usc*85^f-855. year during which such share or certificate is issued". 
SEC. 2. The amendment made by the first section of this Act shall 
apply with respect to shares and certificates issued after the date of 
the enactment of this Act. 
Approved April 8, 1960. 
Ante, p. 33. 
Ante, p. 34.