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10 U.S.C. § 8371Mandatory retirement: Superintendent of the United States Naval Academy; waiver authority

submitted 27 years ago by Pub. L. 106-65 to r/title-10-ARMED-FORCES · 179 words · no verdicts yet

in plain englishAI-generated · not legal advice

When an officer stops serving as Superintendent of the Naval Academy, that officer must normally retire. The Secretary of Defense may waive this for good cause, with written notice to Congress. Any new assignment instead of retirement needs Senate confirmation.

(a) Mandatory Retirement. When an officer's assignment as Superintendent of the United States Naval Academy ends, the Secretary of the Navy must retire that officer, under whichever provision of chapter 841 of this title the officer is eligible to retire under. (b) Waiver Authority. The Secretary of Defense may waive the retirement requirement in subsection (a) for good cause. Whenever such a waiver is granted for an officer, the Secretary must submit to the Senate and House Armed Services Committees a written notice of the waiver, along with a statement of the reasons supporting the decision not to retire the officer, and a written notice of the President's intent to nominate that officer for reassignment. If a waiver is granted, the officer's subsequent nomination and appointment to a further assignment — instead of retiring after serving as Superintendent — requires the advice and consent of the Senate.
the actual law source: uscode.house.gov ↗public domain
(a)Mandatory Retirement.—

Upon the termination of the detail of an officer to the position of Superintendent of the United States Naval Academy, the Secretary of the Navy shall retire the officer under any provision of chapter 841 of this title under which the officer is eligible to retire.

(b)Waiver Authority.—

The Secretary of Defense may waive the requirement in subsection (a) for good cause. In each case in which such a waiver is granted for an officer, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a written notification of the waiver, with a statement of the reasons supporting the decision that the officer not retire, and a written notification of the intent of the President to nominate the officer for reassignment. In the event a waiver under this subsection is granted, the subsequent nomination and appointment of such officer having served as Superintendent of the Academy to a further assignment in lieu of retirement shall be subject to the advice and consent of the Senate.

Source credit: (Added Pub. L. 106–65, div. A, title V, § 532(a)(2)(A), Oct. 5, 1999, 113 Stat. 603, § 6371; amended Pub. L. 108–375, div. A, title V, § 541(a)(2), (c)(2)(A), Oct. 28, 2004, 118 Stat. 1902, 1904; renumbered § 8371 and amended Pub. L. 115–232, div. A, title VIII, §§ 807(b)(16), 809(a), Aug. 13, 2018, 132 Stat. 1836, 1840; Pub. L. 117–263, div. A, title V, § 509(b), Dec. 23, 2022, 136 Stat. 2560.)

history & why it existsrecord from the source credit
  • 1999Enacted · Pub. L. 106-65 · 113 Stat. 603
  • 2004Amended · Pub. L. 108-375 · 118 Stat. 1902, 1904
  • 2018Amended · Pub. L. 115-232 · 132 Stat. 1836, 1840
  • 2022Amended · Pub. L. 117-263 · 136 Stat. 2560

A history note hasn’t been published yet. The record shows enactment by Pub. L. 106-65 on 1999-10-05.

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