14 U.S.C. § 2152 — Voluntary retirement after twenty years’

Page 148 TITLE 14—COAST GUARD § 2152 1 See 1986 Amendment note below. tive commissioned service and deleted the alternative seven year permanent grade service. Subsec. (g). Pub. L. 92–451 incorporated provisions of former subsec. (b) in provisions designated as subsec. (g), and among other changes, substituted officer for rear admiral. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1972 AMENDMENT Pub. L. 92–451, § 3, Oct. 2, 1972, 86 Stat. 757, provided that: ‘‘This Act [enacting sections 50 and 51 of this title, and amending this section, sections 41, 42, 44, 47, and 287 of this title, and section 202 of Title 37, Pay and Allowances of the Uniformed Services] is effective upon enactment [Oct. 2, 1972] except that continuation boards, pursuant to subsection (a) of section 290 [now 2151] of title 14, United States Code, as amended by this Act [subsec. (a) of this section], may not be held until one year following enactment hereof [Oct. 2, 1972]. Dur- ing the period of one year following enactment hereof the Secretary of the Department in which the Coast Guard is operating shall convene a board consisting of not less than three Coast Guard officers serving in the grade of vice admiral to recommend for continuation on active duty Coast Guard officers on the active duty promotion list serving in the grade of rear admiral, who during the fiscal year in which the board meets will complete not less than five years’ service in that grade. Subsections (b) through (g) of section 290 [now 2151] and other sections of title 14, United States Code, as amended by this Act [sections 41, 42, 44, 47, 50, 51, and 287 of this title], apply to continuation board action taken pursuant to this section. No officer who is enti- tled to the basic pay of a rear admiral of the upper half may have his basic pay reduced because of the reduc- tion which results from this Act in the number of offi- cers entitled to the basic pay of a rear admiral of the upper half.’’ RETIRED PAY ON OR PRIOR TO SEPTEMBER 24, 1963 Savings provisions in section 5(g) of Pub. L. 88–130 providing that Pub. L. 88–130 does not affect the retired pay of anyone retired on or prior to Sept. 24, 1963, are set out as a note under section 2101 of this title. § 2152. Voluntary retirement after twenty years’ service Any regular commissioned officer who has completed twenty years’ active service in the Coast Guard, Navy, Army, Air Force, Marine Corps, or Space Force, or the Reserve compo- nents thereof, including active duty for train- ing, at least ten years of which shall have been active commissioned service, may, upon his own application, in the discretion of the President, be retired from active service. (Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 187, § 291; amended Pub. L. 99–348, title II, § 205(b)(5), July 1, 1986, 100 Stat. 700; renumbered § 2152, Pub. L. 115–282, title I, § 112(b), Dec. 4, 2018, 132 Stat. 4216; Pub. L. 116–283, div. A, title IX, § 927(b)(1), Jan. 1, 2021, 134 Stat. 3831.) Editorial Notes AMENDMENTS 2021—Pub. L. 116–283 substituted ‘‘Marine Corps, or Space Force’’ for ‘‘or Marine Corps’’. 2018—Pub. L. 115–282 renumbered section 291 of this title as this section. 1986—Pub. L. 99–348 struck out ‘‘, with retired pay of the grade with which retired’’ after ‘‘from active serv- ice’’. Statutory Notes and Related Subsidiaries RETIRED PAY ON OR PRIOR TO SEPTEMBER 24, 1963 Savings provisions in section 5(g) of Pub. L. 88–130 providing that Pub. L. 88–130 does not affect the retired pay of anyone retired on or prior to Sept. 24, 1963, are set out as a note under section 2101 of this title. § 2153. Voluntary retirement after thirty years’ service Any regular commissioned officer who has completed thirty years’ service may, upon his own application, in the discretion of the Sec- retary, be retired from active service.1 (Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 187, § 292; amended Pub. L. 99–348, title II, § 205(b)(5), July 1, 1986, 100 Stat. 700; renumbered § 2153, Pub. L. 115–282, title I, § 112(b), Dec. 4, 2018, 132 Stat. 4216.) Editorial Notes AMENDMENTS 2018—Pub. L. 115–282 renumbered section 292 of this title as this section. 1986—Pub. L. 99–348 which directed that ‘‘, with re- tired pay of the grade with which retired’’ be struck out was executed by striking out that phrase after ‘‘from active service’’ as the probable intent of Con- gress even though there was no comma before ‘‘with re- tired’’. Statutory Notes and Related Subsidiaries RETIRED PAY ON OR PRIOR TO SEPTEMBER 24, 1963 Savings provisions in section 5(g) of Pub. L. 88–130, providing that Pub. L. 88–130 does not affect the retired pay of anyone retired on or prior to Sept. 24, 1963, are set out as a note under section 2101 of this title. § 2154. Compulsory retirement (a) REGULAR COMMISSIONED OFFICERS.—Any regular commissioned officer, except a commis- sioned warrant officer, serving in a grade below rear admiral (lower half) shall be retired on the first day of the month following the month in which the officer becomes 62 years of age. (b) FLAG-OFFICER GRADES.—(1) Except as pro- vided in paragraph (2), any regular commis- sioned officer serving in a grade of rear admiral (lower half) or above shall be retired on the first day of the month following the month in which the officer becomes 64 years of age. (2) The retirement of an officer under para- graph (1) may be deferred— (A) by the President, but such a deferment may not extend beyond the first day of the month following the month in which the offi- cer becomes 68 years of age; or (B) by the Secretary of the department in which the Coast Guard is operating, but such a deferment may not extend beyond the first day of the month following the month in which the officer becomes 66 years of age. (Added Pub. L. 111–281, title II, § 215(a), Oct. 15, 2010, 124 Stat. 2916, § 293; renumbered § 2154, Pub. L. 115–282, title I, § 112(b), Dec. 4, 2018, 132 Stat. 4216.)