10 U.S.C. § 8371 — Mandatory retirement: Superintendent of

Page 3241 TITLE 10—ARMED FORCES § 8372 and lieutenant colonels: retirement for length of serv- ice; retired grade and pay’’ for ‘‘Regular Navy, women commanders; Regular Marine Corps, women lieutenant colonels: retirement for age of length or service; retired grade and pay’’ in item 6398, and eliminated item 6399 which read: ‘‘Regular Navy, women lieutenant com- manders and below; Regular Marine Corps, women ma- jors and below: retirement at age 50; retired grade and pay’’. 1961—Pub. L. 87–123, § 5(30), Aug. 3, 1961, 75 Stat. 267, struck out ‘‘not restricted in performance of duty’’ after ‘‘brigadier generals’’ and ‘‘colonels’’ in items 6374 and 6376, respectively, ‘‘; Regular Marine Corps, colo- nels designated for supply duty’’ after ‘‘Nurse Corps commanders;’’ in items 6377 and 6378, and struck out item 6375 ‘‘Regular Marine Corps; brigadier generals designated for supply duty: retention on active list; re- tirement’’. 1958—Pub. L. 85–861, § 1(144)(G), Sept. 2, 1958, 72 Stat. 1512, added items 6389, 6391, 6397, 6403, 6410. 1957—Pub. L. 85–155, title II, § 201(14), Aug. 21, 1957, 71 Stat. 383, included Nurse Corps commanders and retire- ment for age in item 6377, and included Nurse Corps commanders in item 6378. § 8371. Mandatory retirement: Superintendent of the United States Naval Academy; waiver au- thority (a) MANDATORY RETIREMENT.—Upon the termi- nation of the detail of an officer to the position of Superintendent of the United States Naval Academy, the Secretary of the Navy shall retire the officer under any provision of chapter 841 of this title under which the officer is eligible to retire. (b) WAIVER AUTHORITY.—The Secretary of De- fense may waive the requirement in subsection (a) for good cause. In each case in which such a waiver is granted for an officer, the Secretary shall submit to the Committees on Armed Serv- ices of the Senate and the House of Representa- tives a written notification of the waiver, with a statement of the reasons supporting the deci- sion that the officer not retire, and a written no- tification of the intent of the President to nomi- nate the officer for reassignment. In the event a waiver under this subsection is granted, the sub- sequent nomination and appointment of such of- ficer having served as Superintendent of the Academy to a further assignment in lieu of re- tirement shall be subject to the advice and con- sent of the Senate. (Added Pub. L. 106–65, div. A, title V, § 532(a)(2)(A), Oct. 5, 1999, 113 Stat. 603, § 6371; amended Pub. L. 108–375, div. A, title V, § 541(a)(2), (c)(2)(A), Oct. 28, 2004, 118 Stat. 1902, 1904; renumbered § 8371 and amended Pub. L. 115–232, div. A, title VIII, §§ 807(b)(16), 809(a), Aug. 13, 2018, 132 Stat. 1836, 1840; Pub. L. 117–263, div. A, title V, § 509(b), Dec. 23, 2022, 136 Stat. 2560.) Editorial Notes PRIOR PROVISIONS A prior section 8371, added Pub. L. 85–861, § 1(178)(C), Sept. 2, 1958, 72 Stat. 1527, related to promotion of offi- cers to grade of colonel to fill vacancies in Air Force Reserve, prior to repeal by Pub. L. 103–337, div. A, title XVI, § 1629(c)(1), Oct. 5, 1994, 108 Stat. 2963, effective Oct. 1, 1996. See section 14301 et seq. of this title. AMENDMENTS 2022—Subsec. (b). Pub. L. 117–263 inserted at end ‘‘In the event a waiver under this subsection is granted, the subsequent nomination and appointment of such officer having served as Superintendent of the Academy to a further assignment in lieu of retirement shall be sub- ject to the advice and consent of the Senate.’’ 2018—Pub. L. 115–232, § 807(b)(16), renumbered section 6371 of this title as this section. Subsec. (a). Pub. L. 115–232, § 809(a), substituted ‘‘chapter 841’’ for ‘‘chapter 571’’. 2004—Pub. L. 108–375 inserted ‘‘; waiver authority’’ after ‘‘Academy’’ in section catchline, designated exist- ing provisions as subsec. (a), inserted heading, and added subsec. (b). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. APPLICATION OF SECTION TO SUPERINTENDENTS SERVING ON OCTOBER 5, 1999 Section not applicable to an officer serving on Oct. 5, 1999, in the position of Superintendent of the United States Military Academy, Naval Academy, or Air Force Academy for so long as that officer continues on and after that date to serve in that position without a break in service, see section 532(a)(5) of Pub. L. 106–65, set out as a note under section 7321 of this title. § 8372. Regular Navy and Regular Marine Corps; officers designated for limited duty: retire- ment for length of service or failures of selec- tion for promotion; discharge for failures of selection for promotion; reversion to prior status; retired grade; retired pay (a) MANDATORY RETIREMENT.—(1) Except as provided in subsection (k), each regular officer of the Navy who is an officer designated for lim- ited duty and who is serving in a grade below the grade of commander and each regular officer of the Marine Corps who is an officer designated for limited duty shall be retired on the last day of the month following the month in which he completes 30 years of active naval service, ex- clusive of active duty for training in a reserve component. (2) Except as provided in subsection (k), each regular officer of the Navy designated for lim- ited duty who is serving in the grade of com- mander, has failed of selection for promotion to the grade of captain for the second time, and is not on a list of officers recommended for pro- motion to the grade of captain shall— (A) if eligible for retirement as a commis- sioned officer under any provision of law, be retired under that provision of law on the date requested by the officer and approved by the Secretary of the Navy, except that the date of retirement may not be later than the first day of the seventh month beginning after the month in which the Secretary concerned re- leases the promotion results of the board which considered the officer for the second time to the public; or (B) if not eligible for retirement as a com- missioned officer, be retired on the date re- quested by the officer and approved by the Secretary of the Navy after the officer be- comes eligible for retirement as a commis- sioned officer, except that the date of retire-