14 U.S.C. § 3734 — Effect of this subchapter on retirement

Page 208 TITLE 14—COAST GUARD § 3731 1 So in original. Probably should be ‘‘section 3757(b)’’. XVI, § 1677(b)(4), Oct. 5, 1994, 108 Stat. 3020; re- numbered § 3714, Pub. L. 115–282, title I, § 118(b), Dec. 4, 2018, 132 Stat. 4233.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 765 of this title prior to the complete revision of former chapter 21 of this title by Pub. L. 96–322. AMENDMENTS 2018—Pub. L. 115–282 renumbered section 713 of this title as this section. 1994—Pub. L. 103–337 substituted ‘‘section 12103(d) of title 10’’ for ‘‘section 511(d) of title 10’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of Title 10, Armed Forces. SUBCHAPTER II—PERSONNEL Editorial Notes AMENDMENTS 2018—Pub. L. 115–282, title I, § 118(c)(2), Dec. 4, 2018, 132 Stat. 4236, inserted subchapter II designation and head- ing. § 3731. Definitions As used in this subchapter— (1) ‘‘Reserve officer’’ means a commissioned officer in the Reserve, except an officer ex- cluded by section 3732 of this title or a com- missioned warrant officer; and (2) ‘‘discharged’’ means released from an ap- pointment as a Reserve officer. (Added Pub. L. 96–322, § 1, Aug. 4, 1980, 94 Stat. 1007, § 720; renumbered § 3731 and amended Pub. L. 115–282, title I, §§ 118(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4233, 4240.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 770 of this title prior to the complete revision of former chapter 21 of this title by Pub. L. 96–322. AMENDMENTS 2018—Pub. L. 115–282, § 118(b), renumbered section 720 of this title as this section. Par. (1). Pub. L. 115–282, § 123(b)(2), substituted ‘‘sec- tion 3732’’ for ‘‘section 721’’. § 3732. Applicability of this subchapter This subchapter applies only to the Reserve; except that it does not apply to a temporary member of the Reserve. (Added Pub. L. 96–322, § 1, Aug. 4, 1980, 94 Stat. 1007, § 721; renumbered § 3732, Pub. L. 115–282, title I, § 118(b), Dec. 4, 2018, 132 Stat. 4233.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 771 of this title prior to the complete revision of former chapter 21 of this title by Pub. L. 96–322. AMENDMENTS 2018—Pub. L. 115–282 renumbered section 721 of this title as this section. § 3733. Suspension of this subchapter in time of war or national emergency In time of war or national emergency declared by Congress, the President may suspend the op- eration of this subchapter or any part hereof. If this subchapter or any part hereof is suspended by the President, prior to placing the suspended provision in operation, the President shall by regulation, in so far as practicable, adjust the grades of Reserve officers in the same manner as adjustments in grade are made for Regular offi- cers. (Added Pub. L. 96–322, § 1, Aug. 4, 1980, 94 Stat. 1007, § 722; renumbered § 3733, Pub. L. 115–282, title I, § 118(b), Dec. 4, 2018, 132 Stat. 4233.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 778 of this title prior to the complete revision of former chapter 21 of this title by Pub. L. 96–322. AMENDMENTS 2018—Pub. L. 115–282 renumbered section 722 of this title as this section. Executive Documents DELEGATION OF AUTHORITY Authority of President under this section to suspend the operation of this subchapter concerning officers of the Coast Guard Reserve without the approval, ratifica- tion, or other action by the President during a time of war or national emergency delegated to Secretary of Homeland Security by Ex. Ord. No. 14106, § 2(b), Aug. 14, 2023, 88 F.R. 55905, set out in a note under section 2101 of this title. Authority of President under this section as invoked by section 2 of Ex. Ord. No. 13223, Sept. 14, 2001, 66 F.R. 48201, as amended, delegated to Secretary of Homeland Security by section 5 of Ex. Ord. No. 13223, set out as a note under section 12302 of Title 10, Armed Forces. § 3734. Effect of this subchapter on retirement and retired pay Except as provided in subsection 3757(b) 1 of this title, nothing in this subchapter authorizes the retirement of a Reserve officer or the pay- ment of retired, retainer, or severance pay to a Reserve officer; or affects in any manner the law relating to the retirement of, or the granting of retired or retainer pay or other benefits to a Re- serve officer. (Added Pub. L. 96–322, § 1, Aug. 4, 1980, 94 Stat. 1007, § 723; renumbered § 3734 and amended Pub. L. 115–282, title I, §§ 118(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4233, 4240.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 795 of this title prior to the complete Page 209 TITLE 14—COAST GUARD § 3736 revision of former chapter 21 of this title by Pub. L. 96–322. AMENDMENTS 2018—Pub. L. 115–282, § 123(b)(2), substituted ‘‘sub- section 3757(b)’’ for ‘‘subsection 746(b)’’. Pub. L. 115–282, § 118(b), renumbered section 723 of this title as this section. § 3735. Authorized number of officers (a) The authorized number of officers in the Reserve in an active status is 5,000. Reserve offi- cers on an active-duty list shall not be counted as part of the authorized number of officers in the Reserve. The actual number of Reserve offi- cers in an active status at any time shall not ex- ceed the authorized number unless the Sec- retary determines that a greater number is nec- essary for planned mobilization requirements, or unless the excess results directly from the oper- ation of law. (b)(1) The Secretary shall make, at least once each year, a computation to determine the num- ber of Reserve officers in an active status au- thorized to be serving in each grade. The num- ber in each grade shall be computed by applying the applicable percentage to the total number of such officers serving in an active status on the date the computation is made. The number of Reserve officers in an active status below the grade of rear admiral (lower half) shall be dis- tributed by pay grade so as not to exceed per- centages of commissioned officers authorized by section 2103(b) of this title. When the actual number of Reserve officers in an active status in a particular pay grade is less than the maximum percentage authorized, the difference may be ap- plied to the number in the next lower grade. A Reserve officer may not be reduced in rank or grade solely because of a reduction in an author- ized number as provided for in this subsection, or because an excess results directly from the operation of law. (2) The authorized number of Reserve Officers in an active status not on active duty in the grades of rear admiral (lower half) and rear ad- miral is a total of two. However, the Secretary of the department in which the Coast Guard is operating may authorize an additional number of Reserve officers not on active duty in the grades of rear admiral (lower half) and rear ad- miral as necessary in order to meet planned mo- bilization requirements. (c) DEFERRAL OF LIMITATION.—If at the end of any fiscal year there is in effect a declaration of war or national emergency, the President may defer the effectiveness of any end-strength limi- tation with respect to that fiscal year prescribed by law for any military or civilian component of the Coast Guard Reserve, for a period not to ex- ceed 6 months after the end of the war or termi- nation of the national emergency. (Added Pub. L. 96–322, § 1, Aug. 4, 1980, 94 Stat. 1007, § 724; amended Pub. L. 97–417, § 2(12), Jan. 4, 1983, 96 Stat. 2086; Pub. L. 98–557, § 25(a)(4), Oct. 30, 1984, 98 Stat. 2872; Pub. L. 99–145, title V, § 514(c)(1), Nov. 8, 1985, 99 Stat. 629; Pub. L. 107–295, title I, § 105(b), Nov. 25, 2002, 116 Stat. 2085; Pub. L. 109–241, title II, § 207, July 11, 2006, 120 Stat. 521; renumbered § 3735 and amended Pub. L. 115–282, title I, §§ 118(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4233, 4240.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 772 of this title prior to the complete revision of former chapter 21 of this title by Pub. L. 96–322. AMENDMENTS 2018—Pub. L. 115–282, § 118(b), renumbered section 724 of this title as this section. Subsec. (b)(1). Pub. L. 115–282, § 123(b)(2), substituted ‘‘section 2103(b)’’ for ‘‘section 42(b)’’. 2006—Subsec. (a). Pub. L. 109–241, § 207(1), inserted ‘‘Reserve officers on an active-duty list shall not be counted as part of the authorized number of officers in the Reserve.’’ after ‘‘5,000.’’ Subsec. (b)(1). Pub. L. 109–241, § 207(2), added par. (1) and struck out former par. (1) which read as follows: ‘‘The authorized number of Reserve officers in an ac- tive status below the grade of rear admiral (lower half) shall be distributed in grade in the following percent- ages, respectively: captain, 1.5; commander, 7.0; lieu- tenant commander, 22.0; lieutenant, 37.0; and the com- bined grades of lieutenant (junior grade) and ensign, 32.5. When the actual number of Reserve officers in an active status in a grade is less than the number author- ized, the difference may be applied to increase the au- thorized number in a lower grade. A Reserve officer may not be reduced in rank or grade solely because of a reduction in an authorized number as provided for in this subsection, or because an excess results directly from the operation of law.’’ 2002—Subsec. (c). Pub. L. 107–295 added subsec. (c). 1985—Subsec. (b). Pub. L. 99–145 substituted ‘‘rear ad- miral (lower half)’’ for ‘‘commodore’’ wherever appear- ing. 1984—Subsec. (b). Pub. L. 98–557 designated existing provisions as par. (1), struck out provisions authorizing number of Reserve officers in an active status not on active duty in the combined grades of commodore and rear admiral as two, and added par. (2). 1983—Subsec. (b). Pub. L. 97–417 substituted ‘‘com- modore’’ for ‘‘rear admiral’’ and ‘‘combined grades of commodore and real admiral’’ for ‘‘grade of rear admi- ral’’. § 3736. Precedence (a) Reserve officers rank and take precedence in their respective grades among themselves and with officers of the same grade on the active duty promotion list and the permanent commis- sioned teaching staff in accordance with their dates of rank. When Reserve officers and officers on the active duty promotion list or the perma- nent commissioned teaching staff have the same date of rank in a grade, they take precedence as determined by the Secretary. (b) Notwithstanding any other law, a Reserve officer shall not lose precedence when trans- ferred to or from the active duty promotion list, nor shall that officer’s date of rank be changed due to the transfer. (c) A Reserve officer shall, when on the active duty promotion list, be promoted in the same manner as any other officer on the active duty promotion list regardless of the length of active duty service of the Reserve officer. (d) Notwithstanding any other law, a Reserve officer shall not lose precedence by reason of promotion to the grade of rear admiral or rear admiral (lower half), if the promotion is deter- mined in accordance with a running mate sys- tem. (e) The Secretary shall adjust the date of rank of a Reserve officer so that no changes of prece- dence occur.