10 U.S.C. § 8581 — Civilian member: definition; exceptions

Page 3295 TITLE 10—ARMED FORCES § 8581 CHAPTER 857—RETIREMENT OF CIVILIAN MEMBERS OF THE TEACHING STAFFS OF THE UNITED STATES NAVAL ACADEMY AND UNITED STATES NAVAL POST- GRADUATE SCHOOL Sec. 8581. Civilian member: definition; exceptions. 8582. Deferred annuity policy required. 8583. Annuity premium to be paid by monthly in- stallments; government reimbursement. 8584. Age of retirement. 8585. Computation of life annuity. 8586. Physical disability retirement. 8587. Election of annuity for self and beneficiary. 8588. Regulations. Editorial Notes PRIOR PROVISIONS A prior chapter 857, consisting of sections 8741 to 8756, related to decorations and awards in the Air Force, prior to renumbering as chapter 937 of this title. AMENDMENTS 2018—Pub. L. 115–232, div. A, title VIII, § 807(e)(3), (f)(1), Aug. 13, 2018, 132 Stat. 1837, 1838, redesignated chapter 607 of this title as this chapter and items 7081 to 7088 as 8581 to 8588, respectively. 2006—Pub. L. 109–364, div. A, title X, § 1071(a)(35), Oct. 17, 2006, 120 Stat. 2400, substituted ‘‘Civilian member:’’ for ‘‘Civilian member;’’ in item 7081. § 8581. Civilian member: definition; exceptions (a) In this chapter, the term ‘‘civilian mem- ber’’ means a civilian member of the teaching staff of the United States Naval Academy or the United States Naval Postgraduate School. It in- cludes the Provost and Chief Academic Officer, senior professors, professors, associate profes- sors, assistant professors, chief instructors, as- sistant chief instructors, and instructors. (b) This chapter does not apply to any civilian member who was employed at the Naval Acad- emy or the Postgraduate School on January 16, 1936, and who did not elect to participate in the benefits provided by the Act of January 16, 1936, ch. 3 (49 Stat. 1092). (c) This chapter does not apply to any person who was a civilian member after September 30, 1956. (Aug. 10, 1956, ch. 1041, 70A Stat. 438, § 7081; Pub. L. 85–861, § 1(149), Sept. 2, 1958, 72 Stat. 1513; Pub. L. 101–189, div. A, title XVI, § 1622(e)(8), Nov. 29, 1989, 103 Stat. 1605; Pub. L. 108–375, div. A, title V, § 557(b)(4), Oct. 28, 2004, 118 Stat. 1916; renum- bered § 8581, Pub. L. 115–232, div. A, title VIII, § 807(c)(1), Aug. 13, 2018, 132 Stat. 1836; Pub. L. 118–159, div. A, title XVII, § 1701(a)(45), Dec. 23, 2024, 138 Stat. 2206.) HISTORICAL AND REVISION NOTES 1956 ACT Revised section Source (U.S. Code) Source (Statutes at Large) 7081(a) ..... 34 U.S.C. 1073d. Jan. 16, 1936, ch. 3, § 5, 49 Stat. 1093; Nov. 28, 1943, ch. 331, § 2, 57 Stat. 595. 34 U.S.C. 1074 (less 1st 98 words). June 10, 1946, ch. 298 (less 1st 98 words), 60 Stat. 236. 34 U.S.C. 1076b (last sen- tence). July 31, 1947, ch. 420, § 3 (last sentence), 61 Stat. 760; Aug. 30, 1954, ch. 1076, § 1(21), 68 Stat. 968. 7081(b) ..... 34 U.S.C. 1073c. Jan. 16, 1936, ch. 3, § 4, 49 Stat. 1092. HISTORICAL AND REVISION NOTES—CONTINUED 1956 ACT Revised section Source (U.S. Code) Source (Statutes at Large) 34 U.S.C. 1073c–1 (2d pro- viso). Jan. 16, 1936, ch. 3, § 4A (2d proviso); added Nov. 28, 1943, ch. 331, § 1, 57 Stat. 594. Section 4 of the Act of January 16, 1936, ch. 3, 49 Stat. 1092, provided that persons who were then members of the teaching staff should have the right to participate in benefits under the Act if they requested such partici- pation within 60 days. Members who were then under the civil-service retirement system were required to choose whether they would remain under it or would participate in the system established by the 1936 Act. They could not come under both. The section also au- thorized the Secretary of the Navy to supplement the retired income of members who elected to come under the 1936 Act and whose age in 1936 was such that they could not purchase adequate annuities before retiring. The provisions whereby members could elect to partici- pate were temporary and are executed. The provisions relating to retired income are superseded by § 4A, added by the Act of November 28, 1943, ch. 331, 57 Stat. 594. The only remaining effect of § 4 and the second proviso of § 4A is to exclude from the benefits and requirements of the 1936 Act persons who were members of the teach- ing staff in 1936 and did not elect to participate. 1958 ACT Revised section Source (U.S. Code) Source (Statutes at Large) 7081(c) ..... [No source]. [No source]. Subsection (c) is added to reflect the effect on chap- ter 607 of this title of the Act of July 31, 1956, ch. 804, § 402(a) (70 Stat. 760) which brought the civilian fac- ulties of the Naval Academy and Naval Postgraduate School under the Civil Service Retirement Act effec- tive October 1, 1956, and provided that on and after that date the Act of January 16, 1936, ch. 3 (49 Stat. 1092) would no longer apply to civilians employed at those schools on or after that date. Editorial Notes REFERENCES IN TEXT Act of January 16, 1936, ch. 3 (49 Stat. 1092), referred to in subsec. (b), was classified to sections 1073 to 1073f of former Title 34, Navy, and was repealed by act Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641. See section 7081 et seq. of this title. PRIOR PROVISIONS A prior section 8581 was renumbered section 9231 of this title. AMENDMENTS 2024—Subsec. (a). Pub. L. 118–159 substituted ‘‘Provost and Chief Academic Officer’’ for ‘‘Provost and Aca- demic Dean of the Postgraduate School’’. 2018—Pub. L. 115–232 renumbered section 7081 of this title as this section. 2004—Subsec. (a). Pub. L. 108–375 substituted ‘‘Provost and Academic Dean’’ for ‘‘Academic Dean’’. 1989—Subsec. (a). Pub. L. 101–189 inserted ‘‘, the term’’ after ‘‘In this chapter’’. 1958—Subsec. (c). Pub. L. 85–861 added subsec. (c). 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 Page 3296 TITLE 10—ARMED FORCES § 8582 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. § 8582. Deferred annuity policy required Each civilian member, as a part of his con- tract of employment, shall carry, during his em- ployment, a deferred annuity policy, having no cash surrender or loan provision, in a joint- stock life insurance corporation that is incor- porated under the laws of a State and has a charter restriction that its business must be conducted without profit to its stockholders. (Aug. 10, 1956, ch. 1041, 70A Stat. 439, § 7082; re- numbered § 8582, Pub. L. 115–232, div. A, title VIII, § 807(c)(1), Aug. 13, 2018, 132 Stat. 1836.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 7082 ......... 34 U.S.C. 1073. Jan. 16, 1936, ch. 3, § 1, 49 Stat. 1092. The words ‘‘whose employment commences from and after the date of approval of this act’’ are omitted as surplusage. Under § 4 of the Act, members already em- ployed when the Act was approved were given 60 days in which to decide whether or not they wished to par- ticipate in the benefits provided by the Act. Those who chose not to participate are excluded from the applica- tion of this chapter by § 7081 of this title. Editorial Notes PRIOR PROVISIONS A prior section 8582, act Aug. 10, 1956, ch. 1041, 70A Stat. 531, provided that a retired officer has no right to command except when on active duty, prior to repeal by Pub. L. 96–513, title II, § 211, Dec. 12, 1980, 94 Stat. 2885, effective Sept. 15, 1981. See section 750 of this title. AMENDMENTS 2018—Pub. L. 115–232 renumbered section 7082 of this title as this section. 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. § 8583. Annuity premium to be paid by monthly installments; government reimbursement Each civilian member shall make a monthly allotment in an amount equal to 10 percent of his monthly basic salary toward the purchase of his deferred annuity policy. For each month the allotment is in force, the pay account of the ci- vilian member shall be credited monthly from appropriations made for this purpose with an ad- ditional amount equal to 5 percent of his month- ly basic salary. (Aug. 10, 1956, ch. 1041, 70A Stat. 439, § 7083; Pub. L. 89–718, § 39, Nov. 2, 1966, 80 Stat. 1120; renum- bered § 8583, Pub. L. 115–232, div. A, title VIII, § 807(c)(1), Aug. 13, 2018, 132 Stat. 1836.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 7083 ......... 34 U.S.C. 1073a. Jan. 16, 1936, ch. 3, § 2, 49 Stat. 1092. The words ‘‘Chief, Field Branch, Bureau of Supplies and Accounts’’ are substituted for the words ‘‘Navy Al- lotment Office, Navy Department, Washington, District of Columbia’’, to designate the agency through which allotments are now made. Editorial Notes PRIOR PROVISIONS A prior section 8583 was renumbered section 9233 of this title. AMENDMENTS 2018—Pub. L. 115–232 renumbered section 7083 of this title as this section. 1966—Pub. L. 89–718 removed requirement that the 10 percent monthly allotment be made through the Chief, Field Branch, Bureau of Supplies and Accounts. 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. § 8584. Age of retirement A civilian member may be retired at any time after his sixty-fifth birthday, and shall be re- tired by June 30 following that birthday. How- ever, in any special case the Secretary of the Navy may defer the retirement of a member until a date not later than the member’s seven- tieth birthday. (Aug. 10, 1956, ch. 1041, 70A Stat. 439, § 7084; re- numbered § 8584, Pub. L. 115–232, div. A, title VIII, § 807(c)(1), Aug. 13, 2018, 132 Stat. 1836.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 7084 ......... 34 U.S.C. 1073b. Jan. 16, 1936, ch. 3, § 3, 49 Stat. 1092. The words ‘‘individual and’’ are omitted as surplus- age. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 7084 of this title as this section. 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. § 8585. Computation of life annuity Each civilian member who retires under sec- tion 8584 of this title is entitled to a life annuity computed by multiplying his average annual compensation during any five consecutive years of allowable service, at his option, by his num- ber of years of service, not exceeding 35, and di- viding the product by 70. The retirement annu- ity payable to a retired civilian member under a