Pub. L. 109-163, div. A, tit. V, subtit. A, sec. 509
AUTHORITY TO RETAIN PERMANENT PROFESSORS AT THE NAVAL ACADEMY BEYOND 30 YEARS OF ACTIVE COMMISSIONED SERVICE.
SEC. 509. AUTHORITY TO RETAIN PERMANENT PROFESSORS AT THE NAVAL ACADEMY BEYOND 30 YEARS OF ACTIVE COMMISSIONED SERVICE.(a) Waiver of Mandatory Retirement for Years of Service.—(1) Lieutenant colonels and commanders.—Section 633 of title 10, United States Code, is amended—(A) by striking “Except an” and all that follows through “except as provided” and inserting “(a) 28 Years of Active Commissioned Service.—Except as provided in subsection (b) and as provided”; and(B) by adding at the end the following:“(b) Exceptions.—Subsection (a) does not apply to the following:“(1) An officer of the Navy or Marine Corps who is an officer designated for limited duty to whom section 5596(e) or 6383 of this title applies.“(2) An officer of the Navy or Marine Corps who is a permanent professor at the United States Naval Academy.”.(2) Colonels and navy captains.—Section 634 of such title is amended—(A) by striking “Except an” and all that follows through “except as provided” and inserting “(a) 30 Years of Active Commissioned Service.—Except as provided in subsection (b) and as provided”; and(B) by adding at the end the following:“(b) Exceptions.—Subsection (a) does not apply to the following:“(1) An officer of the Navy who is designated for limited duty to whom section 6383(a)(4) of this title applies.“(2) An officer of the Navy or Marine Corps who is a permanent professor at the United States Naval Academy.”.(b) Authority for Retention of Permanent Professors Beyond 30 Years.—(1) Authority.—Chapter 603 of such title is amended by inserting after section 6969 the following new section:119 STAT. 3230 “§ 6970. Permanent professors: retirement for years of service; authority for deferral“(a) Retirement for Years of Service.—(1) Except as provided in subsection (b), an officer of the Navy or Marine Corps serving as a permanent professor at the Naval Academy in the grade of commander or lieutenant colonel who is not on a list of officers recommended for promotion to the grade of captain or colonel, as the case may be, shall, if not earlier retired, be retired on the first day of the month after the month in which the officer completes 28 years of active commissioned service.“(2) Except as provided in subsection (b), an officer of the Navy or Marine Corps serving as a permanent professor at the Naval Academy in the grade of captain or colonel who is not on a list of officers recommended for promotion to the grade of rear admiral (lower half) or brigadier general, as the case may be, shall, if not earlier retired, be retired on the first day of the month after the month in which the officer completes 30 years of active commissioned service.“(b) Continuation on Active Duty.—(1) An officer subject to retirement under subsection (a) may have his retirement deferred and be continued on active duty by the Secretary of the Navy.“(2) Subject to section 1252 of this title, the Secretary of the Navy shall determine the period of any continuation on active duty under this section.“(c) Eligibility for Promotion.—A permanent professor at the Naval Academy in the grade of commander or lieutenant colonel who is continued on active duty as a permanent professor under subsection (b) remains eligible for consideration for promotion to the grade of captain or colonel, as the case may be.“(d) Retired Grade and Retired Pay.—Each officer retired under this section—“(1) unless otherwise entitled to a higher grade, shall be retired in the grade determined under section 1370 of this title; and“(2) is entitled to retired pay computed under section 6333 of this title.” .(2) Clerical amendment.—The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 6969 the following new item: “6970. Permanent professors: retirement for years of service; authority for deferral.”. (c) Mandatory Retirement at Age 64.—(1) Reorganization and standardization.—Chapter 63 of such title is amended by inserting after section 1251 the following new section:“§ 1252. Age 64: permanent professors at academies“(a) Mandatory Retirement for Age.—Unless retired or separated earlier, each regular commissioned officer of the Army, Navy, Air Force, or Marine Corps covered by subsection (b) shall be retired on the first day of the month following the month in which the officer becomes 64 years of age.“(b) Covered Officers.—This section applies to the following officers:“(1) An officer who is a permanent professor or the director of admissions of the United States Military Academy.119 STAT. 3231“(2) An officer who is a permanent professor at the United States Naval Academy.“(3) An officer who is a permanent professor or the registrar of the United States Air Force Academy.” .(2) Clerical amendment.—The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1251 the following new item: “1252. Age 64: permanent professors at academies.”. (3) Conforming amendment.—Section 1251(a) of such title is amended—(A) in the first sentence, by inserting “, a permanent professor at the United States Naval Academy,” after “Air Force Academy”; and(B) by striking the second sentence.(d) Conforming Amendments Relating to Computation of Retired Pay.—(1) Age 64 retirement.—Chapter 71 of such title is amended—(A) in the table in section 1401(a), by inserting at the bottom of the column under the heading “For sections”, in the entry for Formula Number 5, the following: “1252”; and(B) in the table in section 1406(b)(1), by inserting at the bottom of the first column the following: “1252”.(2) Years-of-service retirement.—Section 6333(a) of such title is amended—(A) in the matter preceding the table, by inserting “6970 or” after “section”; and(B) in the table, by inserting “6970” immediately below “6325(b)” in the column under the heading “For sections”, in the entry for Formula B.