Source
(June 20, 1918, ch. 103, § 6, 40 Stat. 608; Nov. 4, 1918, ch. 201, § 1, 40 Stat. 1036; June 21, 1955, ch. 170, § 1, 69 Stat. 166; Pub. L. 85–142, Aug. 14, 1957, 71 Stat. 365; Pub. L. 90–164, § 1, Nov. 29, 1967, 81 Stat. 519; Pub. L. 92–455, § 6(a), Oct. 2, 1972, 86 Stat. 761.)
Codification
Except for the last proviso this section was from act June 20, 1918. The last proviso was from act Nov. 4, 1918, the First Deficiency Appropriation Act, 1919.
Amendments
1972—
Pub. L. 92–455 inserted cl. (3), substituted “three” for “five” years of service in first proviso, and inserted proviso for reduction of retirement pay computed under cl. (3) by one-sixth of 1 per centum for each full month the officer or employee is under fifty-five years of age at the date of retirement.
1967—
Pub. L. 90–164 lowered voluntary retirement age from sixty to fifty-five years for those officers and employees having thirty years of active service.
1957—
Pub. L. 85–142 inserted provisions allowing waiver of retirement pay.
1955—Act June 21, 1955, permitted retirement of officers and employees who have attained 60 years of age and have served for 30 years, or who have reached 62 years of age and have served for 25 years.
Effective Date of 1972 Amendment
Section 6(b) of
Pub. L. 92–455 provided that: “The amendments made by subsection (a) of this section [amending this section] shall apply with respect to officers and employees to which such section
6 [amending this section] applies who are involuntarily separated or retired on or after the date of the enactment of this Act [Oct. 2, 1972].”
Effective Date of 1967 Amendment
Section 2 of
Pub. L. 90–164 provided that: “The amendment made by this Act [amending this section] shall take effect on the first day of the second month which begins after the date of enactment of this Act [Nov. 29, 1967].”
Effective Date of 1955 Amendment
Section 2 of act June 21, 1955, provided that: “This Act [amending this section] shall take effect on the first day of the second month beginning after the date of enactment of this Act [June 21, 1955].”
Transfer of Functions
Bureau of Lighthouses, of which Lighthouse Service was a part, transferred and consolidated with Coast Guard by Reorg. Plan No. II of 1939, § 2(a), eff July 1, 1939,
4 F.R.
2731,
53 Stat. 1432, set out in the Appendix to Title 5, Government Organization and Employees.
For transfer of functions of other officers, employees, and agencies of Department of the Treasury, with certain exceptions, to Secretary of the Treasury with power to delegate, see Reorg. Plan No. 26 of 1950, §§ 1,
2, eff. July 31, 1950,
15 F.R.
4935,
64 Stat. 1280, 1281, set out in the Appendix to Title 5. Functions of Coast Guard, and Commandant of Coast Guard, were excepted from transfer when Coast Guard is operating as part of Navy under sections
1 and
3 of Title
14, Coast Guard.
Coast Guard transferred to Department of Transportation, and all functions, powers, and duties relating to Coast Guard of Secretary of the Treasury and of other officers and offices of Department of the Treasury transferred to Secretary of Transportation by
Pub. L. 89–670, § 6(b)(1), Oct. 15, 1966,
80 Stat. 938. Section 6(b)(2) of
Pub. L. 89–670, however, provided that notwithstanding such transfer of functions, Coast Guard shall operate as part of Navy in time of war or when President directs as provided in section
3 of Title
14. See section
108 of Title
49, Transportation.
For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections
468
(b),
551
(d),
552
(d), and
557 of Title
6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section
542 of Title
6.
Increase of Pay of Persons Retired On or Before October 1, 1972
Pub. L. 94–178, Dec. 23, 1975,
89 Stat. 1033, provided: “That the annual rate of retired pay received by a person under section 6 of the Act of June 20, 1918, as amended and supplemented (
33 U.S.C. 736–765), who was retired on or before October 1, 1972, shall, effective on the first day of the calendar month following enactment of this Act [Dec. 23, 1975], be increased by $270.”
Increase of Pay of Persons Retired Prior to 1967
Pub. L. 90–165, Nov. 29, 1967,
81 Stat. 519, provided: “That effective on the first day of the first month which begins after the date of enactment of this Act [Nov. 29, 1967], the annual rate of retired pay of a person retired under section 6 of the Act of June 20, 1918 (
33 U.S.C.
763), shall be increased by 11.3 per centum if such person retired prior to January 1, 1966, or by 4.1 per centum if such person retired after December 31, 1965, but before January 1, 1967.”
Increase of Pay of Persons Retired Prior to 1963
Pub. L. 89–201, Sept. 25, 1965,
79 Stat. 834, provided: “That the annual rate of retired pay of each person retired prior to January 1, 1963, under section 6 of the Act of June 20, 1918, as amended and supplemented [this section], shall be increased by 6.5 per centum, effective on the first day of the first calendar month following the date of enactment of this Act [Sept. 25, 1965].”
Increase of Pay of Persons Retired Prior to 1958
Pub. L. 86–361, Sept. 22, 1959,
73 Stat. 643, provided: “That the annual rate of retired pay of each person retired prior to January 1, 1958, under section 6 of the Act of June 20, 1918, as amended and supplemented [this section], shall be increased, effective on the first day of the first calendar month following the date of enactment of this Act [Sept. 22, 1959], by 10 per centum, or $150 per annum, whichever is the greater.”
Increase of Pay of Persons Retired Prior to 1953
Act Aug. 27, 1954, ch. 1010,
68 Stat. 878, as amended May 11, 1955, ch. 36,
69 Stat. 47, provided: “That the annual rate of retired pay received by any person who was retired on or before June 30, 1953, under section 6 of the Act of June 20, 1918, as amended and supplemented (section
763 of this title), shall be increased, effective on the first day of the calendar month following enactment of this Act, by 15 per centum of $264, whichever is the lesser: Provided, That no retired pay shall be increased to an amount in excess of $2,160 by reason of this Act.”
Cost-of-Living Adjustment to Retiree’s Annuity
Adjustment of annuities of retired officers and employees based on cost-of-living increases, see section 2 of
Pub. L. 90–163, Nov. 29, 1967,
81 Stat. 518, set out as a note under section
771 of this title.