2015 US Code
Title 10 - Armed Forces (Sections 101 - 18506)
Subtitle B - Army (Sections 3001 - 4842)
Part II - Personnel (Sections 3201 - 4061)
Chapter 367 - Retirement for Length of Service (Sections 3911 - 3929)
Sec. 3921 - Mandatory retirement: Superintendent of the United States Military Academy; waiver authority
Publication Title | United States Code, 2012 Edition, Supplement 3, 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 B - Army PART II - PERSONNEL CHAPTER 367 - RETIREMENT FOR LENGTH OF SERVICE Sec. 3921 - Mandatory retirement: Superintendent of the United States Military Academy; waiver authority |
Contains | section 3921 |
Date | 2015 |
Laws In Effect As Of Date | January 3, 2016 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Added Pub. L. 106-65, div. A, title V, §532(a)(1)(A), Oct. 5, 1999, 113 Stat. 602; amended Pub. L. 108-375, div. A, title V, §541(a)(1), (c)(1)(A), Oct. 28, 2004, 118 Stat. 1902, 1903. |
Statutes at Large References | 80 Stat. 1115 94 Stat. 2886 113 Stat. 602, 604 118 Stat. 1902 |
Public and Private Laws | Public Law 89-718, Public Law 96-513, Public Law 106-65, Public Law 108-375 |
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(a) Mandatory Retirement.—Upon the termination of the detail of an officer to the position of Superintendent of the United States Military Academy, the Secretary of the Army shall retire the officer under any provision of this chapter under which that officer is eligible to retire.
(b) Waiver Authority.—The Secretary of Defense may waive the requirement in subsection (a) for good cause. In each case in which such a waiver is granted for an officer, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a written notification of the waiver, with a statement of the reasons supporting the decision that the officer not retire, and a written notification of the intent of the President to nominate the officer for reassignment.
(Added Pub. L. 106–65, div. A, title V, §532(a)(1)(A), Oct. 5, 1999, 113 Stat. 602; amended Pub. L. 108–375, div. A, title V, §541(a)(1), (c)(1)(A), Oct. 28, 2004, 118 Stat. 1902, 1903.)
PRIOR PROVISIONSA prior section 3921, acts Aug. 10, 1956, ch. 1041, 70A Stat. 226; Nov. 2, 1966, Pub. L. 89–718, §3, 80 Stat. 1115, provided for retirement of a promotion-list colonel, except as provided by section 8301 of title 5, on the 30th day after he completes 30 years of service or the 5th anniversary of the date of his appointment in that regular grade, whichever is later, with authority for the Secretary of the Army to defer retirement in certain cases, prior to repeal by Pub. L. 96–513, title II, §217(a), title VII, §701, Dec. 12, 1980, 94 Stat. 2886, 2955, effective Sept. 15, 1981. See section 634 of this title.
AMENDMENTS2004—Pub. L. 108–375 inserted "; waiver authority" at end of section catchline, designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).
APPLICATION OF SECTION TO SUPERINTENDENTS SERVING ON OCTOBER 5, 1999Pub. L. 106–65, div. A, title V, §532(a)(5), Oct. 5, 1999, 113 Stat. 604, provided that: "The amendments made by this subsection [enacting this section and sections 4333a, 6371, 6951a, 8921, and 9333a of this title] shall not apply to an officer serving on the date of the enactment of this Act [Oct. 5, 1999] in the position of Superintendent of the United States Military Academy, Superintendent of the United States Naval Academy, or Superintendent of the United States Air Force Academy for so long as that officer continues on and after that date to serve in that position without a break in service."
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