14 U.S.C. § 1945 — Retirement of permanent commissioned

Page 119 TITLE 14—COAST GUARD § 1947 bered § 1944, Pub. L. 115–282, title I, § 110(b), Dec. 4, 2018, 132 Stat. 4212.) HISTORICAL AND REVISION NOTES Based on title 14, U.S.C., 1946 ed., § 15c (Apr. 16, 1937, ch. 107, § 2, 50 Stat. 66). Said section has been divided. The last sentence is in- corporated in section 187 of this title. The other provi- sions are incorporated in this section. The limitation on grade of professors is raised from Commander to Captain, and other limitations as to grades within the new permanent commissioned teach- ing staff are established. This section prescribes the relative ranks for the var- ious grades in the permanent commissioned teaching staff, establishes the pay as heretofore, and provides for promotion as the Secretary shall prescribe. 81st Con- gress, House Report No. 557. Editorial Notes AMENDMENTS 2018—Pub. L. 115–282 renumbered section 189 of this title as this section. 1960—Pub. L. 86–474 substituted ‘‘and instructors with grade not above’’ for ‘‘and commissioned instructors with grade not above’’, and ‘‘assistant professor, or in- structor’’ for ‘‘or assistant professor’’. § 1945. Retirement of permanent commissioned teaching staff Professors, associate professors, assistant pro- fessors, and instructors in the Coast Guard shall be subject to retirement or discharge from ac- tive service for any cause on the same basis as other commissioned officers of the Coast Guard, except that they shall not be required to retire from active service under the provisions of sec- tion 2149 of this title, nor shall they be subject to the provisions of section 2150 of this title, nor shall they be required to retire at age sixty-two but may be permitted to serve until age sixty- four at which time unless earlier retired or sepa- rated they shall be retired. The Secretary may retire any member of the permanent commis- sioned teaching staff who has completed thirty years’ active service. Service as a civilian mem- ber of the teaching staff at the Academy in addi- tion to creditable service authorized by any other law in any of the military services ren- dered prior to an appointment as a professor, as- sociate professor, assistant professor, or instruc- tor shall be credited in computing length of service for retirement purposes. The provisions of law relating to retirement for disability in line of duty shall not apply in the case of a pro- fessor, associate professor, assistant professor, or instructor serving under a temporary ap- pointment. (Aug. 4, 1949, ch. 393, 63 Stat. 509, § 190; Pub. L. 86–474, § 1(13), May 14, 1960, 74 Stat. 145; Pub. L. 88–130, § 1(8), Sept. 24, 1963, 77 Stat. 175; Pub. L. 89–444, § 1(10), June 9, 1966, 80 Stat. 196; Pub. L. 91–278, § 1(5), June 12, 1970, 84 Stat. 304; renum- bered § 1945 and amended Pub. L. 115–282, title I, §§ 110(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4212, 4240.) HISTORICAL AND REVISION NOTES Based on title 14, U.S.C., 1946 ed., § 15f (Apr. 16, 1937, ch. 107, § 5, 50 Stat. 67). The provision prohibiting the retirement of a pro- fessor because of physical disability with less than 15 years’ service is changed to have application only dur- ing the temporary appointment of a professor. This section provides for the retirement of associate professors, assistant professors, and commissioned in- structors in addition to professors. It is believed that the provision of existing law requiring 15 years’ service before becoming eligible for retirement, discriminated against this group of officers as no other group was dis- criminated against, and should be eliminated. It was changed so that these officers would be ineligible for retirement during their probationary term only. Changes were made in phraseology. 81st Congress, House Report No. 557. Editorial Notes AMENDMENTS 2018—Pub. L. 115–282, § 123(b)(2), substituted ‘‘section 2149’’ for ‘‘section 288’’ and ‘‘section 2150’’ for ‘‘section 289’’. Pub. L. 115–282, § 110(b), renumbered section 190 of this title as this section. 1970—Pub. L. 91–278 permitted permanent teachers to retire at sixty-four rather than at sixty-two unless ear- lier retired or separated. 1966—Pub. L. 89–444 authorized the Secretary to retire any member of the permanent commissioned teaching staff who has completed thirty years’ active service. 1963—Pub. L. 88–130 inserted ‘‘or discharge’’, excepted staff members from retirement from active service under section 288 of this title, and from the provisions of section 289 of this title, and struck out ‘‘permanent’’ before ‘‘commissioned officers’’. 1960—Pub. L. 86–474 substituted ‘‘civilian member of the teaching staff’’ for ‘‘civilian instructor or civilian librarian’’, and struck out ‘‘commissioned’’ in three places before ‘‘instructors’’ and ‘‘instructor’’, respec- tively. § 1946. Credit for service as member of civilian teaching staff Service as a member of the civilian teaching staff at the Academy in addition to creditable services authorized by any other law in any of the military services rendered prior to an ap- pointment as professor, associate professor, as- sistant professor, or instructor shall be credited in computing length of service as a professor, as- sociate professor, assistant professor, or instruc- tor for purposes of pay and allowances. (Aug. 4, 1949, ch. 393, 63 Stat. 510, § 191; Pub. L. 86–474, § 1(14), May 14, 1960, 74 Stat. 146; renum- bered § 1946, Pub. L. 115–282, title I, § 110(b), Dec. 4, 2018, 132 Stat. 4212.) HISTORICAL AND REVISION NOTES Based on title 14, U.S.C., 1946 ed., § 15e (Apr. 16, 1937, ch. 107, § 4, 50 Stat. 67). Changes in phraseology were made in order to adapt the section to the new structure of the permanent com- missioned teaching staff. 81st Congress, House Report No. 557. Editorial Notes AMENDMENTS 2018—Pub. L. 115–282 renumbered section 191 of this title as this section. 1960—Pub. L. 86–474 substituted ‘‘member of civilian teaching staff’’ for ‘‘civilian instructor’’ in section catchline, and ‘‘member of the civilian teaching staff’’ for ‘‘civilian instructor or civilian librarian’’ in text, and struck out ‘‘commissioned’’ before ‘‘instructor’’ in two places. § 1947. Assignment of personnel as instructors The Commandant may assign any member to appropriate instruction duty at the Academy.