14 U.S.C. § 2148 — Separation for failure of selection for pro-

Page 144 TITLE 14—COAST GUARD § 2148 (c) In determining a member’s years of active service for the purpose of computing separation pay under this section, each full month of serv- ice that is in addition to the number of full years of service creditable to the member is counted as one-twelfth of a year and any re- maining fractional part of a month is dis- regarded. (d) The acceptance of separation pay under this section does not deprive an individual of any retirement benefits from the United States. However, there shall be deducted from each of his retirement payments so much thereof as is based on the service for which he has received separation pay under this section, until the total deductions equal the amount of such sepa- ration pay. (Added Pub. L. 96–513, title V, § 505(a)(1), Dec. 12, 1980, 94 Stat. 2918, § 286a; amended Pub. L. 102–190, div. A, title XI, § 1125(b)(1), Dec. 5, 1991, 105 Stat. 1505; Pub. L. 103–337, div. A, title V, § 541(f)(2), Oct. 5, 1994, 108 Stat. 2766; Pub. L. 105–383, title II, § 201(a), (b), Nov. 13, 1998, 112 Stat. 3414; Pub. L. 107–295, title IV, § 416(a)(4), Nov. 25, 2002, 116 Stat. 2121; Pub. L. 112–213, title II, § 217(4), Dec. 20, 2012, 126 Stat. 1557; renum- bered § 2147, Pub. L. 115–282, title I, § 112(b), Dec. 4, 2018, 132 Stat. 4216; Pub. L. 116–283, div. G, title LVXXXV [LXXXV], § 8505(a)(17), Jan. 1, 2021, 134 Stat. 4748.) Editorial Notes AMENDMENTS 2021—Subsec. (d). Pub. L. 116–283 substituted ‘‘an indi- vidual’’ for ‘‘a person’’. 2018—Pub. L. 115–282 renumbered section 286a of this title as this section. 2012—Subsec. (d). Pub. L. 112–213 substituted ‘‘separa- tion pay’’ for ‘‘severance pay’’ wherever appearing. 2002—Pub. L. 107–295 substituted ‘‘separation’’ for ‘‘severance’’ in section catchline, added subsecs. (a) to (c), and struck out former subsecs. (a) to (c) which re- lated to, in subsec. (a), severance pay of a regular war- rant officer of the Coast Guard who is separated under section 580(a)(4)(A) of title 10, in subsec. (b), severance pay of a regular warrant officer of the Coast Guard who is separated under section 1166 of title 10, and, in sub- sec. (c), the calculation of part of the year of service for the purposes of this section. 1998—Subsec. (b). Pub. L. 105–383, § 201(b), inserted be- fore period at end ‘‘, unless the Secretary determines that the conditions under which the officer is dis- charged or separated do not warrant payment of that amount of severance pay’’. Subsec. (d). Pub. L. 105–383, § 201(a), struck out at end ‘‘However, no person is entitled to severance pay under this section in an amount that is more than $15,000.’’ 1994—Subsec. (a). Pub. L. 103–337 substituted ‘‘section 580(a)(4)(A) of title 10’’ for ‘‘section 564(a)(3) of title 10 (as in effect on the day before the effective date of the Warrant Officer Management Act)’’. 1991—Subsec. (a). Pub. L. 102–190 inserted ‘‘(as in ef- fect on the day before the effective date of the Warrant Officer Management Act)’’ after ‘‘section 564(a)(3) of title 10’’. 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. EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–337 effective on the first day of the fourth month beginning after Oct. 5, 1994, see section 541(h) of Pub. L. 103–337, set out as a note under section 571 of Title 10, Armed Forces. EFFECTIVE DATE OF 1991 AMENDMENT Amendment by Pub. L. 102–190 effective Feb. 1, 1992, see section 1132 of Pub. L. 102–190, set out as a note under section 521 of Title 10, Armed Forces. EFFECTIVE DATE Section effective Sept. 15, 1981, see section 701 of Pub. L. 96–513, set out as an Effective Date of 1980 Amend- ment note under section 101 of Title 10, Armed Forces. TRANSITION PROVISIONS UNDER DEFENSE OFFICER PERSONNEL MANAGEMENT ACT For provisions to prevent extinction or premature termination of rights, duties, penalties, or proceedings that existed or were begun prior to the effective date of Pub. L. 96–513, and otherwise to allow for an orderly transition to the system of officer personnel manage- ment put in place under Pub. L. 96–513, see section 601 et seq. of Pub. L. 96–513, set out as a note under section 611 of Title 10, Armed Forces. § 2148. Separation for failure of selection for pro- motion or continuation; time of If, under section 2142, 2143, 2144, 2145, 2150, or 2151 of this title, the discharge or retirement of any officer would be required less than six months following approval of the report of the board which considered but did not select him for promotion or continuation, the discharge or retirement of such officer shall be deferred until the last day of the sixth calendar month after such approval. (Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 185, § 287; amended Pub. L. 92–451, § 1(6), Oct. 2, 1972, 86 Stat. 755; renumbered § 2148 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, § 123(b)(2), substituted ‘‘section 2142, 2143, 2144, 2145, 2150, or 2151’’ for ‘‘section 282, 283, 284, 285, 289, or 290’’. Pub. L. 115–282, § 112(b), renumbered section 287 of this title as this section. 1972—Pub. L. 92–451 inserted reference to section 290. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1972 AMENDMENT Amendment by Pub. L. 92–451 effective Oct. 2, 1972, except that continuation boards may not be held until one year thereafter, see section 3 of Pub. L. 92–451, set out as a note under section 2151 of this title. § 2149. Regular captains; retirement (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 se- lected for promotion to the grade of rear admi- ral (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, com- pletes thirty years of active commissioned serv- ice in the Coast Guard. An officer advanced in precedence on the active duty promotion list be- cause of his promotion resulting from selection