2012 US Code
Title 14 - Coast Guard
Part I - REGULAR COAST GUARD (§§ 1 - 693)
Chapter 11 - PERSONNEL (§§ 211 - 440)
OFFICERS (§§ 211 - 336)
d. discharges; retirements; revocation of commissions (§§ 281 - 315)
Section 288 - Regular captains; retirement
Publication Title | United States Code, 2012 Edition, Title 14 - COAST GUARD |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 14 - COAST GUARD PART I - REGULAR COAST GUARD CHAPTER 11 - PERSONNEL OFFICERS d. discharges; retirements; revocation of commissions Sec. 288 - Regular captains; retirement |
Contains | section 288 |
Date | 2012 |
Laws in Effect as of Date | January 15, 2013 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Added Pub. L. 88-130, §1(10)(C), Sept. 24, 1963, 77 Stat. 185; amended Pub. L. 93-283, §1(8), May 14, 1974, 88 Stat. 140; Pub. L. 94-546, §1(25), Oct. 18, 1976, 90 Stat. 2521; Pub. L. 96-342, title VIII, §813(f)(1), Sept. 8, 1980, 94 Stat. 1109; Pub. L. 97-417, §2(7), Jan. 4, 1983, 96 Stat. 2085; Pub. L. 99-348, title II, §205(b)(4), July 1, 1986, 100 Stat. 700; Pub. L. 99-661, div. A, title XIII, §1343(c), Nov. 14, 1986, 100 Stat. 3995. |
Statutes at Large References | 77 Stat. 185, 191 88 Stat. 140 90 Stat. 2521 94 Stat. 1109 96 Stat. 2085 100 Stat. 700, 3995 |
Public Law References | Public Law 88-130, Public Law 93-283, Public Law 94-546, Public Law 96-342, Public Law 97-417, Public Law 99-348, Public Law 99-661 |
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(a) Each officer of the Regular Coast Guard serving in the grade of captain whose name is not carried on an approved list of officers selected for promotion to the grade of rear admiral (lower half) shall, unless retired under some other provision of law, be retired on June 30 of the promotion year in which he, or any captain junior to him on the active duty promotion list who has not lost numbers or precedence, completes thirty years of active commissioned service in the Coast Guard. An officer advanced in precedence on the active duty promotion list because of his promotion resulting from selection for promotion from below the zone is not subject to involuntary retirement under this section earlier than if he had not been selected from below the zone.
(b) Retired pay computed under section 423(a) of this title of an officer retired under this section shall not be less than 50 percent of the basic pay upon which the computation of his retired pay is based.
(Added Pub. L. 88–130, §1(10)(C), Sept. 24, 1963, 77 Stat. 185; amended Pub. L. 93–283, §1(8), May 14, 1974, 88 Stat. 140; Pub. L. 94–546, §1(25), Oct. 18, 1976, 90 Stat. 2521; Pub. L. 96–342, title VIII, §813(f)(1), Sept. 8, 1980, 94 Stat. 1109; Pub. L. 97–417, §2(7), Jan. 4, 1983, 96 Stat. 2085; Pub. L. 99–348, title II, §205(b)(4), July 1, 1986, 100 Stat. 700; Pub. L. 99–661, div. A, title XIII, §1343(c), Nov. 14, 1986, 100 Stat. 3995.)
Amendments1986—Subsec. (a). Pub. L. 99–661 substituted “rear admiral (lower half)” for “commodore”.
Subsec. (b). Pub. L. 99–348 substituted “Retired pay computed under section 423(a) of this title” for “Except as provided in section 423(b) of this title, the retired pay”.
1983—Subsec. (a). Pub. L. 97–417 substituted “commodore” for “rear admiral”.
1980—Subsec. (b). Pub. L. 96–342 substituted “Except as provided in section 423(b)” for “Notwithstanding section 423”.
1976—Subsec. (a). Pub. L. 94–546 substituted “promotion year” for “fiscal year”.
1974—Subsec. (a). Pub. L. 93–283 prohibited an involuntary retirement under this section of an officer advanced in precedence on the active duty promotion list because of his promotion resulting from selection for promotion from below the zone earlier than if he had not been selected from below the zone.
Effective Date of 1974 AmendmentAmendment by Pub. L. 93–283 effective Sept. 24, 1963, see section 2 of Pub. L. 93–283, set out as a note under section 214 of this title.
Retirement, Retired Pay, and Election of Annuity as Affected by Pub. L. 88–130Savings provisions in section 5(f)–(h) of Pub. L. 88–130 relating to retirement, retirement pay, and election, change or revocation of election of an annuity, are set out as a note under section 211 of this title.
Interim Authority for Selection of Commanders and Captains for Continuation on Active DutyPub. L. 88–130, §3(a), Sept. 24, 1963, 77 Stat. 191, excluded officers subject to retirement under this section during the fiscal year the selection board convened from being continued on active duty.
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