14 U.S.C. § 2149 — Regular captains; retirement

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 Page 145 TITLE 14—COAST GUARD § 2150 for promotion from below the zone, or from being placed at the top of the list of selectees promulgated by the Secretary under section 2121(a) of this title, is not subject to involuntary retirement under this section earlier than if he had not been selected from below the zone or placed at the top of the list of selectees, as ap- plicable. (b) Retired pay computed under section 2504(a) of this title of an officer retired under this sec- tion shall not be less than 50 percent of the basic pay upon which the computation of his retired pay is based. (Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 185, § 288; 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; renumbered § 2149 and amended Pub. L. 115–282, title I, §§ 112(b), 123(b)(2), title III, § 309, Dec. 4, 2018, 132 Stat. 4216, 4240, 4248.) Editorial Notes AMENDMENTS 2018—Pub. L. 115–282, § 112(b), renumbered section 288 of this title as this section. Subsec. (a). Pub. L. 115–282, § 309, substituted ‘‘zone, or from being placed at the top of the list of selectees promulgated by the Secretary under section 2121(a) of this title, is’’ for ‘‘zone is’’ and inserted ‘‘or placed at the top of the list of selectees, as applicable’’ before pe- riod at end. Subsec. (b). Pub. L. 115–282, § 123(b)(2), substituted ‘‘section 2504(a)’’ for ‘‘section 423(a)’’. 1986—Subsec. (a). Pub. L. 99–661 substituted ‘‘rear ad- miral (lower half)’’ for ‘‘commodore’’. Subsec. (b). Pub. L. 99–348 substituted ‘‘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. 97–417 substituted ‘‘com- modore’’ for ‘‘rear admiral’’. 1980—Subsec. (b). Pub. L. 96–342 substituted ‘‘Except as provided in section 423(b)’’ for ‘‘Notwithstanding sec- tion 423’’. 1976—Subsec. (a). Pub. L. 94–546 substituted ‘‘pro- motion year’’ for ‘‘fiscal year’’. 1974—Subsec. (a). Pub. L. 93–283 prohibited an invol- untary retirement under this section of an officer ad- vanced 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. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1974 AMENDMENT Amendment by Pub. L. 93–283 effective Sept. 24, 1963, see section 2 of Pub. L. 93–283, set out as a note under section 2104 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. 88–130 relating to retirement, retirement pay, and election, change or revocation of election of an annuity, are set out as a note under section 2101 of this title. § 2150. Captains; continuation on active duty; in- voluntary retirement (a) The Secretary may, whenever the needs of the service require, but not more often than an- nually, convene a board consisting of not less than six officers of the grade of rear admiral (lower half) or rear admiral to recommend for continuation on active duty officers on the ac- tive duty promotion list serving in the grade of captain, who during the promotion year in which the board meets will complete at least three years’ service in that grade and who have not been selected for promotion to the grade of rear admiral (lower half). Officers who are sub- ject to retirement under section 2149 of this title during the promotion year in which the board meets shall not be considered by this board. (b) Whenever he convenes a board under this section, the Secretary shall establish a continu- ation zone. The zone shall consist of the most senior captains eligible for consideration for continuation on active duty who have not pre- viously been placed in a continuation zone under this section. The Secretary shall, based upon the needs of the service, prescribe the number of captains to be included in the zone. (c) Based on the needs of the service the Sec- retary shall furnish the board with the number of officers that may be recommended for con- tinuation on active duty. This number shall be no less than 50 percent of the number consid- ered. The board shall select from the designated continuation zone, in the number directed by the Secretary, those officers who are, in the opinion of the board, best qualified for continu- ation on active duty. (d) The provisions of sections 2108, 2109, 2115, and 2117 of this title relating to selection for promotion shall, to the extent that they are not inconsistent with the provisions of this section, apply to boards convened under this section. (e) The Secretary shall prescribe by regulation the detailed procedures whereby officers in a continuation zone will be selected for continu- ation on active duty. (f) A board convened under this section shall submit its report to the Secretary. If the board has acted contrary to law or regulation, the Sec- retary may return the report for proceedings in revision and resubmission to the Secretary. After his final review the Secretary shall submit the report of the board to the President for his approval. Except as required by the procedures of this section, the proceedings of the board shall not be disclosed to any individual who is not a member of the board. (g) Each officer who is considered but not rec- ommended for continuation on active duty under the provisions of this section shall, unless retired under some other provision of law, be re- tired on June 30 of the promotion year in which the report of the continuation board convened under this section is approved, or the last day of the month in which he completes twenty years of active service, whichever is later. (h) Notwithstanding subsection (g) and section 2149 of this title, the Commandant may by an- nual action retain on active duty from pro- motion year to promotion year any officer who would otherwise be retired under subsection (g) or section 2149 of this title. An officer so re- tained, unless retired under some other provi- sion of law, shall be retired on June 30 of that promotion year in which no action is taken to further retain the officer under this subsection.