10 U.S.C. § 8470a — Permanent professors: retirement for years of service; authority for deferral
submitted 20 years ago by Pub. L. 109-163 to r/title-10-ARMED-FORCES · 336 words · no verdicts yet
Permanent professors at commander or lieutenant colonel rank must retire after 28 years of service unless recommended for promotion. Those at captain or colonel rank must retire after 30 years unless recommended for promotion. The Secretary of the Navy may instead keep an officer on active duty longer.
(a) Retirement for Years of Service.
(1) Except as (b) allows, a Navy or Marine Corps officer* serving as a permanent professor at the Naval Academy in the grade* of commander or lieutenant colonel, who is not on a list recommended for promotion to captain or colonel, must retire — if not already retired — on the first day of the month after completing 28 years of active commissioned service.
(2) Except as (b) allows, a permanent professor holding the grade of captain or colonel who is not on a list recommended for promotion to rear admiral (lower half) or brigadier general must retire — if not already retired — on the first day of the month after completing 30 years of active commissioned service.
(b) Continuation on Active Duty*.
(1) An officer subject to retirement under (a) may have that retirement deferred and be kept on active duty by the Secretary of the Navy.
(2) Subject to section 1252 of this title, the Secretary of the Navy decides how long that continuation lasts.
(c) Eligibility for Promotion. A commander or lieutenant colonel kept on active duty as a permanent professor under (b) remains eligible for consideration for promotion to captain or colonel.
(d) Retired Grade and Retired Pay*. Each officer retired under this section: (1) is retired in the grade set under section 1370 of this title, unless entitled to a higher grade; and (2) is entitled to retired pay computed under section 8333 of this title.
Except as provided in subsection (b), an officer* of the Navy or Marine Corps serving as a permanent professor at the Naval Academy in the grade* of commander or lieutenant colonel who is not on a list of officers recommended for promotion to the grade of captain or colonel, as the case may be, shall, if not earlier retired, be retired on the first day of the month after the month in which the officer completes 28 years of active commissioned service.
Except as provided in subsection (b), an officer of the Navy or Marine Corps serving as a permanent professor at the Naval Academy in the grade of captain or colonel who is not on a list of officers recommended for promotion to the grade of rear admiral (lower half) or brigadier general, as the case may be, shall, if not earlier retired, be retired on the first day of the month after the month in which the officer completes 30 years of active commissioned service.
An officer subject to retirement under subsection (a) may have his retirement deferred and be continued on active duty by the Secretary of the Navy.
Subject to section 1252 of this title, the Secretary of the Navy shall determine the period of any continuation on active duty under this section.
A permanent professor at the Naval Academy in the grade of commander or lieutenant colonel who is continued on active duty as a permanent professor under subsection (b) remains eligible for consideration for promotion to the grade of captain or colonel, as the case may be.
Each officer retired under this section—
unless otherwise entitled to a higher grade, shall be retired in the grade determined under section 1370 1 of this title; and
is entitled to retired pay computed under section 8333 of this title.
Source credit: (Added Pub. L. 109–163, div. A, title V, § 509(b)(1), Jan. 6, 2006, 119 Stat. 3229, § 6970; renumbered § 6970a, Pub. L. 110–181, div. A, title V, § 508(a)(1)(A), Jan. 28, 2008, 122 Stat. 96; renumbered § 8470a and amended Pub. L. 115–232, div. A, title VIII, §§ 807(c)(1), 809(a), Aug. 13, 2018, 132 Stat. 1836, 1840.)
- 2006Enacted · Pub. L. 109-163 · 119 Stat. 3229
- 2008Amended · Pub. L. 110-181 · 122 Stat. 96
- 2018Amended · Pub. L. 115-232 · 132 Stat. 1836, 1840
A history note hasn’t been published yet. The record shows enactment by Pub. L. 109-163 on 2006-01-06.
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