14 U.S.C. § 2145 — Regular lieutenant commanders and com-

Page 142 TITLE 14—COAST GUARD § 2144 Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–295 effective 4 years after Nov. 25, 2002, see section 416(c) of Pub. L. 107–295, set out as a note under section 2146 of this title. RETIRED PAY ON OR PRIOR TO SEPTEMBER 24, 1963 Savings provisions in section 5(g) of Pub. L. 88–130 providing that Pub. L. 88–130 does not affect the retired pay of anyone retired on or prior to Sept. 24, 1963, are set out as a note under section 2101 of this title. EFFECTIVENESS OF ELECTION, CHANGE, OR REVOCATION OF ELECTION OF ANNUITY Savings provisions in section 5(h) of Pub. L. 88–130 providing that notwithstanding section 1431 of Title 10, Armed Forces, an election, change or revocation there- of affecting an annuity, by an officer retired under this section, is effective if made prior to the first day of the third month following September 1963, are set out as a note under section 2101 of this title. § 2144. Regular Coast Guard; officers serving under temporary appointments (a) Each officer of the Regular Coast Guard ap- pointed under section 2104 of this title who is serving in the grade of lieutenant (junior grade) or lieutenant and who has failed of selection for promotion to the grade of lieutenant or lieuten- ant commander, respectively, for the second time shall: (1) be honorably discharged on June 30 of the promotion year in which his second failure of selection occurs; or (2) if he so requests, be honorably discharged at an earlier date without loss of benefits that would accrue if he were discharged on that date under clause (1); or (3) if on the date specified for his discharge in this section he is eligible for retirement under any law, be retired under that law on that date. (b) Each officer subject to discharge or retire- ment under subsection (a) may elect to revert to his permanent grade. (Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 184, § 284; amended Pub. L. 94–546, § 1(23), Oct. 18, 1976, 90 Stat. 2520; renumbered § 2144 and amended Pub. L. 115–282, title I, §§ 112(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4216, 4240.) Editorial Notes AMENDMENTS 2018—Pub. L. 115–282, § 112(b), renumbered section 284 of this title as this section. Subsec. (a). Pub. L. 115–282, § 123(b)(2), substituted ‘‘section 2104’’ for ‘‘section 214’’ in introductory provi- sions. 1976—Subsec. (a)(1). Pub. L. 94–546 substituted ‘‘pro- motion year’’ for ‘‘fiscal year’’. Statutory Notes and Related Subsidiaries RETIRED PAY ON OR PRIOR TO SEPTEMBER 24, 1963 Savings provisions in section 5(g) of Pub. L. 88–130 providing that Pub. L. 88–130 does not affect the retired pay of anyone retired on or prior to Sept. 24, 1963, are set out as a note under section 2101 of this title. EFFECTIVENESS OF ELECTION, CHANGE, OR REVOCATION OF ELECTION OF ANNUITY Savings provisions in section 5(h) of Pub. L. 88–130 providing that notwithstanding section 1431 of Title 10, Armed Forces, an election, change or revocation there- of affecting an annuity, by an officer retired under this section, is effective if made prior to the first day of the third month following September 1963, are set out as a note under section 2101 of this title. § 2145. Regular lieutenant commanders and com- manders; retirement for failure of selection for promotion (a) Each officer of the Regular Coast Guard serving in the grade of lieutenant commander or commander, who has failed of selection for pro- motion to the grade of commander or captain, respectively, for the second time shall: (1) if he has completed at least 20 years of active service or is eligible for retirement under any law on June 30 of the promotion year in which his second failure of selection occurs, be retired on that date; or (2) if ineligible for retirement on the date specified in clause (1) be retained on active duty and retired on the last day of the month in which he completes twenty years of active service, unless earlier removed under another provision of law. (b) A lieutenant commander or commander of the Regular Coast Guard subject to discharge or retirement under subsection (a) may be contin- ued on active duty when the Secretary directs a selection board convened under section 2106 of this title to continue up to a specified number of lieutenant commanders or commanders on ac- tive duty. When so directed, the selection board shall recommend those officers who in the opin- ion of the board are best qualified to advance the needs and efficiency of the Coast Guard. When the recommendations of the board are ap- proved by the Secretary, the officers rec- ommended for continuation shall be notified that they have been recommended for continu- ation and offered an additional term of service that fulfills the needs of the Coast Guard. (c)(1) An officer who holds the grade of lieu- tenant commander of the Regular Coast Guard may not be continued on active duty under sub- section (b) for a period that extends beyond 24 years of active commissioned service unless pro- moted to the grade of commander of the Regular Coast Guard. An officer who holds the grade of commander of the Regular Coast Guard may not be continued on active duty under subsection (b) for a period that extends beyond 26 years of ac- tive commissioned service unless promoted to the grade of captain of the Regular Coast Guard. (2) Unless retired or discharged under another provision of law, each officer who is continued on active duty under subsection (b) but is not subsequently promoted or continued on active duty, and is not on a list of officers rec- ommended for continuation or for promotion to the next higher grade, shall, if eligible for re- tirement under any provision of law, be retired under that law on the first day of the first month following the month in which the period of continued service is completed. (Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 185, § 285; amended Pub. L. 93–283, § 1(7), May 14, 1974, 88 Stat. 140; Pub. L. 94–546, § 1(24), Oct. 18, 1976, 90 Stat. 2521; Pub. L. 107–295, title IV, § 412, Nov. 25, 2002, 116 Stat. 2118; renumbered Page 143 TITLE 14—COAST GUARD § 2147 § 2145 and amended Pub. L. 115–282, title I, §§ 112(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4216, 4240.) Editorial Notes AMENDMENTS 2018—Pub. L. 115–282, § 112(b), renumbered section 285 of this title as this section. Subsec. (b). Pub. L. 115–282, § 123(b)(2), substituted ‘‘section 2106’’ for ‘‘section 251’’. 2002—Pub. L. 107–295 designated existing provisions as subsec. (a) and added subsecs. (b) and (c). 1976—Pub. L. 94–546 substituted ‘‘promotion year’’ for ‘‘fiscal year’’ in cl. (1). 1974—Pub. L. 93–283 substituted ‘‘if he has completed at least 20 years of active service or is eligible’’ for ‘‘if eligible’’ in cl. (1). Statutory Notes and Related Subsidiaries RETIRED PAY ON OR PRIOR TO SEPTEMBER 24, 1963 Savings provisions in section 5(g) of Pub. L. 88–130 providing that Pub. L. 88–130 does not affect the retired pay of anyone retired on or prior to Sept. 24, 1963, are set out as a note under section 2101 of this title. EFFECTIVENESS OF ELECTION, CHANGE, OR REVOCATION OF ELECTION OF ANNUITY Savings provisions in section 5(h) of Pub. L. 88–130 providing that notwithstanding section 1431 of Title 10, Armed Forces, an election, change or revocation there- of affecting an annuity, by an officer retired under this section, is effective if made prior to the first day of the third month following September 1963, are set out as a note under section 2101 of this title. § 2146. Discharge in lieu of retirement; separa- tion pay (a) Each officer who is retained on active duty under section 2143(a)(4), 2143(b), or 2145 of this title may, if he so requests, with the approval of the Secretary, be honorably discharged at any time prior to the date otherwise specified for his retirement or discharge. (b) An officer of the Regular Coast Guard who is discharged under this section or section 2142, 2143, or 2144 of this title and has completed 6 or more, but less than 20, continuous years of ac- tive service immediately before that discharge or release is entitled to separation pay com- puted under subsection (d)(1) of section 1174 of title 10. (c) An officer of the Regular Coast Guard who is discharged under section 2164 of this title and has completed 6 or more, but less than 20, con- tinuous years of active service immediately be- fore that discharge or release is entitled to sepa- ration pay computed under subsection (d)(1) or (d)(2) of section 1174 of title 10 as determined under regulations promulgated by the Sec- retary. (d) Notwithstanding subsections (a) and (b), an officer discharged under this chapter for twice failing of selection for promotion to the next higher grade is not entitled to separation pay under this section if the officer requested in writing or otherwise sought not to be selected for promotion, or requested removal from the list of selectees. (Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 185, § 286; amended Pub. L. 107–295, title IV, § 416(a)(3), Nov. 25, 2002, 116 Stat. 2121; renum- bered § 2146 and amended Pub. L. 115–282, title I, §§ 112(b), 123(b)(2), (c)(2)(A), Dec. 4, 2018, 132 Stat. 4216, 4240.) Editorial Notes AMENDMENTS 2018—Pub. L. 115–282, § 112(b), renumbered section 286 of this title as this section. Subsec. (a). Pub. L. 115–282, § 123(b)(2), substituted ‘‘section 2143(a)(4), 2143(b), or 2145’’ for ‘‘section 283(a)(4), 283(b), or 285’’. Subsec. (b). Pub. L. 115–282, § 123(b)(2), substituted ‘‘section 2142, 2143, or 2144’’ for ‘‘section 282, 283, or 284’’. Subsec. (c). Pub. L. 115–282, § 123(b)(2), substituted ‘‘section 2164’’ for ‘‘section 327’’. Subsec. (d). Pub. L. 115–282, § 123(c)(2)(A), substituted ‘‘this chapter’’ for ‘‘chapter 11 of this title’’. 2002—Pub. L. 107–295 substituted ‘‘separation’’ for ‘‘severance’’ in section catchline, added subsecs. (b) to (d), and struck out former subsec. (b) which read as fol- lows: ‘‘Each officer discharged under this section or under section 282, 283, or 284 of this title is entitled to a lump-sum payment computed by multiplying his years of active commissioned service, but not more than twelve, by two months’ basic pay of the grade in which he is serving on the date of his discharge. In de- termining the total number of years of active service to be used as a multiplier in computing this payment, a part of a year that is six months or more is counted as a whole year and a part of a year that is less than six months is disregarded. The acceptance of a lump-sum payment under this section does not deprive a person of any retirement benefits from the United States. How- ever, there shall be deducted from each of his retire- ment payments so much thereof as is based on the serv- ice for which he has received payment under this sec- tion until the total amount deducted equals the amount of the lump-sum payment.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2002 AMENDMENT Pub. L. 107–295, title IV, § 416(c), Nov. 25, 2002, 116 Stat. 2122, provided that: ‘‘The amendments made by paragraphs (2), (3), (4), and (5) of subsection (a) [amend- ing this section and sections 283, 286a, and 327 of this title] shall take effect 4 years after the date of enact- ment of this Act [Nov. 25, 2002], except that subsection (d) of section 286 [now 2146] of title 14, United States Code, as amended by paragraph (3) of subsection (a) of this section, shall take effect on the date of enactment of this Act and shall apply with respect to conduct on or after that date. The amendments made to the table of sections of [former] chapter 11 of title 14, United States Code, by paragraphs (2), (3), and (4) of subsection (b) of this section shall take effect 4 years after the date of enactment of this Act.’’ § 2147. Regular warrant officers: separation pay (a) A regular warrant officer of the Coast Guard who is discharged under section 580 of title 10, and has completed 6 or more, but less than 20, continuous years of active service im- mediately before that discharge is entitled to separation pay computed under subsection (d)(1) of section 1174 of title 10. (b) A regular warrant officer of the Coast Guard who is discharged under section 1165 or 1166 of title 10, and has completed 6 or more, but less than 20, continuous years of active service immediately before that discharge is entitled to separation pay computed under subsection (d)(1) or (d)(2) of section 1174 of title 10, as determined under regulations promulgated by the Sec- retary.