2013 US Code
Title 10 - Armed Forces
Subtitle C - Navy and Marine Corps (§§ 5001 - 7921)
Part II - PERSONNEL (§§ 5401 - 6522)
Chapter 533 - DISTRIBUTION IN GRADE (§§ 5441 - 5458)
Section 5450 - Regular Navy: retired flag officers on active duty
| Publication Title | United States Code, 2012 Edition, Supplement 1, Title 10 - ARMED FORCES |
| Category | Bills and Statutes |
| Collection | United States Code |
| SuDoc Class Number | Y 1.2/5: |
| Contained Within | Title 10 - ARMED FORCES Subtitle C - Navy and Marine Corps PART II - PERSONNEL CHAPTER 533 - DISTRIBUTION IN GRADE Sec. 5450 - Regular Navy: retired flag officers on active duty |
| Contains | section 5450 |
| Date | 2013 |
| Laws in Effect as of Date | January 16, 2014 |
| Positive Law | Yes |
| Disposition | standard |
| Source Credit | Aug. 10, 1956, ch. 1041, 70A Stat. 312; Pub. L. 96-513, title V, §503(21), Dec. 12, 1980, 94 Stat. 2912. |
| Statutes at Large References | 61 Stat. 881 68 Stat. 1188 94 Stat. 2912 |
| Public Law References | Public Law 96-513 |
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Except in time of war or national emergency, not more than ten retired flag officers of the Regular Navy may be on active duty.
(Aug. 10, 1956, ch. 1041, 70A Stat. 312; Pub. L. 96–513, title V, §503(21), Dec. 12, 1980, 94 Stat. 2912.)
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5450 | 34 U.S.C. 211e. | Aug. 7, 1947, ch. 512, §430, 61 Stat. 881; Sept. 3, 1954, ch. 1257, §702(a), 68 Stat. 1188. |
In subsection (a) the words "In addition * * * to the number of rear admirals and above authorized by titles I, II, and III and by section 413 of this Act, a total of" are omitted as surplusage. Titles I, II, and III, and section 413 of the Officer Personnel Act of 1947 prescribe the number of officers on the lineal list who may have the grade of rear admiral. Retired officers are excluded from the lineal lists and are not counted for any purpose in the computations under the cited titles and section. The source text does not affect the authorized numbers so computed; it sets up an authorized number for a category of officers not previously covered.
The limitation on reserve flag officers on active duty contained in section 430 of the Officer Personnel Act of 1947 was repealed by section 702(a) of the Reserve Officer Personnel Act of 1954.
AMENDMENTS1980—Pub. L. 96–513 struck out designation "(a)" before "Except in time of war or national emergency", substituted "flag officers of the Regular Navy" for "officers of the Regular Navy in the grade of rear admiral and above", and struck out subsec. (b) which provided that this section did not apply to fleet admirals or to retired officers ordered to temporary duty to serve on boards convened under chapter 543 of this title.
EFFECTIVE DATE OF 1980 AMENDMENTAmendment by Pub. L. 96–513 effective Sept. 15, 1981, see section 701 of Pub. L. 96–513, set out as a note under section 101 of this title.
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