14 USC § 288 - Regular captains; retirement | Title 14 - Coast Guard | U.S. Code

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Current through Pub. L. 113-99. (See Public Laws for the current Congress.)

(a) Each officer of the Regular Coast Guard serving in the grade of captain whose name is not carried on an approved list of officers selected for promotion to the grade of rear admiral (lower half) shall, unless retired under some other provision of law, be retired on June 30 of the promotion year in which he, or any captain junior to him on the active duty promotion list who has not lost numbers or precedence, completes thirty years of active commissioned service in the Coast Guard. An officer advanced in precedence on the active duty promotion list because of his promotion resulting from selection for promotion from below the zone is not subject to involuntary retirement under this section earlier than if he had not been selected from below the zone.

(b) Retired pay computed under section 423 (a) of this title of an officer retired under this section shall not be less than 50 percent of the basic pay upon which the computation of his retired pay is based.

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(a) Each officer of the Regular Coast Guard serving in the grade of captain whose name is not carried on an approved list of officers selected for promotion to the grade of rear admiral (lower half) shall, unless retired under some other provision of law, be retired on June 30 of the promotion year in which he, or any captain junior to him on the active duty promotion list who has not lost numbers or precedence, completes thirty years of active commissioned service in the Coast Guard. An officer advanced in precedence on the active duty promotion list because of his promotion resulting from selection for promotion from below the zone is not subject to involuntary retirement under this section earlier than if he had not been selected from below the zone.

(b) Retired pay computed under section 423 (a) of this title of an officer retired under this section shall not be less than 50 percent of the basic pay upon which the computation of his retired pay is based.

Source

(Added Pub. L. 88–130, § 1(10)(C),Sept. 24, 1963, 77 Stat. 185; amended Pub. L. 93–283, § 1(8),May 14, 1974, 88 Stat. 140; Pub. L. 94–546, § 1(25),Oct. 18, 1976, 90 Stat. 2521; Pub. L. 96–342, title VIII, § 813(f)(1),Sept. 8, 1980, 94 Stat. 1109; Pub. L. 97–417, § 2(7),Jan. 4, 1983, 96 Stat. 2085; Pub. L. 99–348, title II, § 205(b)(4),July 1, 1986, 100 Stat. 700; Pub. L. 99–661, div. A, title XIII, § 1343(c),Nov. 14, 1986, 100 Stat. 3995.)

Amendments

1986—Subsec. (a). Pub. L. 99–661substituted “rear admiral (lower half)” for “commodore”.

Subsec. (b). Pub. L. 99–348substituted “Retired pay computed under section 423 (a) of this title” for “Except as provided in section 423 (b) of this title, the retired pay”.

1983—Subsec. (a). Pub. L. 97–417substituted “commodore” for “rear admiral”.

1980—Subsec. (b). Pub. L. 96–342substituted “Except as provided in section 423 (b)” for “Notwithstanding section 423”.

1976—Subsec. (a). Pub. L. 94–546substituted “promotion year” for “fiscal year”.

1974—Subsec. (a). Pub. L. 93–283prohibited an involuntary retirement under this section of an officer advanced in precedence on the active duty promotion list because of his promotion resulting from selection for promotion from below the zone earlier than if he had not been selected from below the zone.

Effective Date of 1974 Amendment

Amendment by Pub. L. 93–283effective Sept. 24, 1963, see section 2 ofPub. L. 93–283, set out as a note under section 214 of this title.

Retirement, Retired Pay, and Election of Annuity as Affected by Pub. L. 88–130

Savings provisions in section 5 (f)–(h) of Pub. L. 88–130relating to retirement, retirement pay, and election, change or revocation of election of an annuity, are set out as a note under section 211 of this title.

Interim Authority for Selection of Commanders and Captains for Continuation on Active Duty

Section 3(a) ofPub. L. 88–130excluded officers subject to retirement under this section during the fiscal year the selection board convened from being continued on active duty.

The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.

The most recent Classification Table update that we have noticed was Tuesday, May 21, 2013

An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.

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14 USC	Description of Change	Session Year	Public Law	Statutes at Large

14 USC § 288 - Regular captains; retirement

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