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on August 29, 1935, in the place where the service is

2 rendered shall be deemed to have been applicable there at all

4 “(e) (1) An individual shall be deemed to have been in

5 the employment relation to an employer on August 29, 1935, 6 if

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"(i) he was on that date on leave of absence from his employment, expressly granted to him by the em9 ployer by whom he was employed, or by a duly authorized representative of such employer, and the grant

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of such leave of absence will have been established to the satisfaction of the Board before July 1947;

"(ii) he was in the service of an employer after August 29, 1935, and before January 1946 in each of six calendar months, whether or not consecutive;

"(iii) before August 29, 1935, he did not retire and was not retired or discharged from the service of the last employer by whom he was employed or its corporate or operating successor, but (A) solely by reason of his physical or mental disability he ceased before August 29, 1935, to be in the service of such employer and thereafter remained continuously disabled until he attained age sixty-five or until August 1945, or (B) solely for such last stated reason an employer by whom he was employed before August 29, 1935, or an em

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ployer who is its successor did not on or after August 29, 1935, and before August 1945 call him to return to

service, or (C) if he was so called he was solely for such reason unable to render service in six calendar months as

provided in paragraph (ii); or

"(iv) he was on August 29, 1935, absent from the service of an employer by reason of a discharge which, within one year after the effective date thereof, was protested, to an appropriate labor representative or to the employer, as wrongful, and which was followed within ten years of the effective date thereof by his

reinstatement in good faith to his former service with all his senority rights.

"(2) Notwithstanding the provisions of subdivision (1)

15 of this subsection, an individual shall not be deemed to have 16 been in the employment relation to an employer on August 29, 1935, if before that date he was granted a pension 18 or gratuity on the basis of which a pension was awarded

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to him pursuant to section 6 of the Railroad Retirement Act 20 of 1937, or if during the last payroll period before Au21 gust 29, 1935, in which he rendered service to an employer 22 he was not in the service of an employer, in accordance 23 with subsection (d), with respect to any service in such 24 payroll period, or if he could have been in the employment 25 relation to an employer only by reason of his having been,

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1 either before or after August 29, 1935, in the service of a 2 local lodge or division defined as an employer in subsec3 tion (a).

4 "(f) (1) The term 'years of service' shall mean the 5 number of years an individual as an employee shall have 6 rendered service to one or more employers for compensation or received remuneration for time lost, and shall be computed 8 in accordance with the provisions of section 3 (i). Twelve 9 calendar months, consecutive or otherwise, in each of which 10 an employee has rendered such service or received such 11 wages for time lost, shall constitute a year of service. Ulti12 mate fractions shall be taken at their actual value, except that 13 if the individual will have had not less than one hundred 14 twenty-six months of service, an ultimate fraction of six 15 months or more shall be taken as one year.

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"(2) Where service prior to August 29, 1935, may be

17 included in the computation of years of service as provided 18 in subdivision. (3) of section 3 (i), it may be included as to

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"(i) service rendered to a person which was an

employer on August 29, 1935, irrespective of whether

such person was an employer at the time such service

was rendered;

"(ii) service rendered to any express company, 24 sleeping-car company, or carrier by railroad which was a

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predecessor of a company which, on August 29, 1935,

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was an employer as defined in paragraph (1) of subsection (a) (1), irrespective of whether such predecessor

was an employer at the time such service was rendered; and

"(iii) service rendered to a person not an employer

in the performance of operations involving the use of standard railroad equipment if such operations were performed by an employer on August 29, 1935.

"(g) (1) For purposes of section 3 (i) (2) of this 10 Act, an individual shall be deemed to have been in 'military 11 service' when commissioned or enrolled in the active serv12 ice of the land or naval forces of the United States and until 13 resignation or discharge therefrom; and the service of any 14 individual in any reserve component of the land or naval 15 forces of the United States, while serving in the land or naval 16 forces of the United States for any period, even though less 17 than thirty days, shall be deemed to have been active serv18 ice in such force during such period.

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"(2) For purposes of section 3 (i) (2) of this Act, a 20 'war service period' shall mean (A) any war period, or (B) 21 with respect to any particular individual, any period dur22 ing which such individual (i) having been in military 23 service at the end of a war period, was required to continue 24 in military service, or (ii) was required by call of the Presi 25 dent, or by any Act of Congress or regulation, order, or

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1 proclamation pursuant thereto, to enter and continue in 2 military service, or (C) any period after September 7, 1939, 3 with respect to which a state of national emergency was duly 4 declared to exist which requires a strengthening of the na5 tional defense.

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"(3) For purposes of section 3 (i) (2) of this Act, a 7 'war period' shall be deemed to have begun on whichever 8 of the following dates is the earliest: (A) the date on which 9 the Congress of the United States declared war; or (B) the 10 date as of which the Congress of the United States declared 11 that a state of war has existed; or (C) the date on which 12 war was declared by one or more foreign states against the 13 United States; or (D) the date on which any part of the 14 United States or any territory under its jurisdiction was in15 vaded or attacked by any armed force of one or more foreign 16 states; or (E) the date on which the United States engaged 17 in armed hostilities for the purpose of preserving the Union. 18 or of maintaining in any State of the Union a republican 19 form of government.

"(4) For purposes of section 3 (i) (2) of this Act, a 'war period' shall be deemed to have ended on the date on

22 which hostilities ceased.

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"(h) (1) The term 'compensation' means any form of 24 money remuneration paid to an individual for services ren25 dered as an employee to one or more employers, or as an