Rear admirals: determination of upper half

§ 5507. Rear admirals: determination of upper half (a) Each officer not restricted in the performance of duty on the active list in the line of the Navy serving in the grade of rear admiral is entitled to the basic pay and allowances of a rear admiral of the upper half from the date on which the number of officers not restricted in the performance of duty on the active list in the line of the Navy serving in the grade of rear admiral below him on the lineal list becomes equal to or greater than the number of such officers above him on the lineal list. For the purpose of determining the number of rear 317 admirals of the upper half, an officer not restricted in the performance of duty on the active list in the line of the Navy serving in the grade of admiral or vice admiral is considered as having the grade and position on the lineal list he would have if he had not been appointed admiral or vice admiral. (b) Each officer restricted in the performance of duty on the active list in the line of the Navy serving in the grade of rear admiral is entitled to the basic pay and allowances of a rear admiral of the upper half from the date on which any officer below him on the lineal list becomes entitled to such pay under subsection (a). (c) Each officer on the active list of the Navy in a staff corps serving in the grade of rear admiral is entitled to the basic pay and allowances of a rear admiral of the upper half from the date on which his running mate becomes entitled to such pay and allowances under this section, but not before the date of the vacancy he was promoted to fill. (d) Each rear admiral of the Naval Reserve entitled to receive basic pay and allowances is entitled to the basic pay and allowances of a rear admiral of the upper half when any officer on the active list in the line of the Navy junior to him is in the upper half of the grade of rear admiral as determined under subsection (a). (e) Each officer holding a permanent appointment in the grade of rear admiral on the retired list who is entitled to the pay of the lower half of that grade and who, in time of war or national emergency, serves satisfactorily on active duty for two years in that grade or in a higher grade is thereafter entitled when on active duty to the basic pay and allowances of a rear admiral of the upper half.