Executive Order 10124—Regulations Governing the Election of Certain Members and Former Members of the Uniformed Services with Respect to Retirement Pay

By virtue of and pursuant to the authority vested in me by section 411 of the Career Compensation Act of 1949, approved October 12, 1949 (Public Law 351, 81st Congress), and as President of the United States and Commander in Chief of the armed forces of the United States, I hereby prescribe the following regulations governing the election, as authorized by the said section 411, of members and formers members of the uniformed service to receive (1) disability retirement pay or disability severance pay under the provisions of Title IV of that act or (2) retired pay or retirement pay commuted by one of the two methods contained in section 511 of that act:

SECTION 1. (a) As referred to in this order "members" and "former members" of the uniformed services shall be considered to include all persons entitled to make an election under section 411 of the Career Compensation Act of 1949.

(b) As used in this order the term "Secretary" shall have the meaning prescribed therefor by section 102(f) of the Career Compensation Act of 1949.

Sec. 2. The Secretary concerned shall determine and inform each member and each former member of the uniformed service or services under his jurisdiction of (a) the status and benefits to which such person is or may be entitled under the alternative clauses (A) and (B) of section 411 of the Career Compensation Act of 1949, (b) his right to make an election of benefit thereunder within the five-year period beginning October 1, 1949, and (c) the effect of section 402(h) of the said act with respect to the disability retirement pay to which he is or may be entitled.

SEC. 3. Each member and each former member of the uniformed services to which section 411 of the Career Compensation Act of 1949 is applicable shall continue to receive retired pay or retirement pay in the amount authorized by the applicable provisions of law in effect on September 30, 1949, the day immediately preceding the effective date of section 411 of the Career Compensation Act of 1949, unless, pursuant to the said section 411, he elects a different method of payment prior to October 1, 1954, and qualifies for such method.

SEC. 4. Any election made pursuant to section 411 of the Career Compensation Act of 1949 and these regulations shall be effective as of October 1, 1949.

SEC. 5. The Secretaries concerned are authorized to prescribe such supplemental regulations, not inconsistent herewith, as they may deem necessary or desirable for carrying out the provisions of this order.

SEC. 6. This order shall be effective as October 1, 1949.

HARRY S. TRUMAN

THE WHITE HOUSE,

April 25, 1950