40. Any officer or employee aged less than sixty years, who has retired by reason of physical or mental infirmity, who becomes able to render services, may be called upon by the Government to fill any public office, the duties of which his previous services have enabled him to discharge, and which is not inferior in rank and emoluments to that which he had left; provided always that the discharge of the duties of such office permits of his residing either at the seat of the Government or in the district in which he last resided. In such case, the pension ceases to be paid.
However, he shall not contribute to the plan contemplated in this division but shall contribute to the Government and Public Employees Retirement Plan if he holds an office contemplated by the latter plan.
R. S. 1964, c. 14, s. 29; 1977, c. 5, s. 14; 1982, c. 51, s. 91.