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Title 14 — Coast Guard

Chapter 19 — Coast Guard Academy

§ 1945. Retirement of permanent commissioned teaching staff

Statutory text

Professors, associate professors, assistant professors, and instructors in the Coast Guard shall be subject to retirement or discharge from active service for any cause on the same basis as other commissioned officers of the Coast Guard, except that they shall not be required to retire from active service under the provisions of section 2149 of this title, nor shall they be subject to the provisions of section 2150 of this title, nor shall they be required to retire at age sixty-two but may be permitted to serve until age sixty-four at which time unless earlier retired or separated they shall be retired. The Secretary may retire any member of the permanent commissioned teaching staff who has completed thirty years’ active service. Service as a civilian member of the teaching staff at the Academy in addition to creditable service authorized by any other law in any of the military services rendered prior to an appointment as a professor, associate professor, assistant professor, or instructor shall be credited in computing length of service for retirement purposes. The provisions of law relating to retirement for disability in line of duty shall not apply in the case of a professor, associate professor, assistant professor, or instructor serving under a temporary appointment.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Title 14, United States Code, section —

    Pub. L. 81–393 · 63 Stat. 495

    Enacted · 14 U.S.C. § 1945

    Aug. 4, 1949, ch. 393, 63 Stat. 509, § 190

    Source evidence

    Code source credit
    Aug. 4, 1949, ch. 393, 63 Stat. 509, § 190

  2. Pub. L. 86–474 § 1(13) · 74 Stat. 144

    1. Substituted · 14 U.S.C. § 1945

      Pub. L. 86–474 substituted “civilian member of the teaching staff” for “civilian instructor or civilian librarian”

    2. Struck · 14 U.S.C. § 1945

      Pub. L. 86–474 struck out “commissioned” in three places before “instructors” and “instructor”, respectively

    Source evidence

    Code amendment note
    Pub. L. 86–474 substituted “civilian member of the teaching staff” for “civilian instructor or civilian librarian”, and struck out “commissioned” in three places before “instructors” and “instructor”, respectively.

    Enacted provision · exact public law section
    (1) Section 41 is amended by inserting the words “an admiral,” before the words “a vice admiral” in the first sentence thereof.

  3. Pub. L. 88–130 § 1(8) · 77 Stat. 174

    1. Inserted · 14 U.S.C. § 1945

      Pub. L. 88–130 inserted “or discharge”, excepted staff members from retirement from active service under section 288 of this title, and from the provisions of section 289 of this title

    2. Struck · 14 U.S.C. § 1945

      Pub. L. 88–130 struck out “permanent” before “commissioned officers”

    Source evidence

    Code amendment note
    Pub. L. 88–130 inserted “or discharge”, excepted staff members from retirement from active service under section 288 of this title, and from the provisions of section 289 of this title, and struck out “permanent” before “commissioned officers”.

    Enacted provision · exact public law section
    (1) The following new section is added after section 41: “§41a. Active duty promotion list “(a) The Secretary shall maintain a single active duty promotion list of officers of the Coast Guard on active duty in the grades of ensign and above. Retired officers, officers of the permanent commissioned teaching staff of the Coast Guard Academy, and officers of the Women’s Reserve shall not be included on the active duty promotion list. Reserve officers on extended active duty, other than those serving in connection with organizing, administering, recruiting, instructing, or training the Reserve components, shall be included on the active duty promotion list. “(b) Officers shall be carried on the active duty promotion list in the order of seniority of the grades in which they are. serving. Officers serving in the same grade shall be carried in the order of their seniority in that grade. The Secretary may correct any erroneous position on the active duty promotion list that was caused by administrative error, “(c) A person appointed in the grade of ensign or above in the Regular Coast Guard shall be placed on the active duty promotion list in the order of his date of rank and seniority. “(d) A Reserve officer, other than one excluded by subsection (a), shall, when he enters on extended active duty, be placed on the active duty promotion list in accordance with his grade and seniority. The position of such a Reserve officer among other officers of the Coast Guard on active duty who have the same date of rank shall be determined by the Secretary.”

  4. Pub. L. 89–444 § 1(10) · 80 Stat. 195

    Changed · 14 U.S.C. § 1945

    Pub. L. 89–444 authorized the Secretary to retire any member of the permanent commissioned teaching staff who has completed thirty years’ active service

    Source evidence

    Code amendment note
    Pub. L. 89–444 authorized the Secretary to retire any member of the permanent commissioned teaching staff who has completed thirty years’ active service.

    Enacted provision · exact public law section
    (1) Section 4 is amended— (A) by inserting the word “and” at the end of clause (d); and (B) by striking out and” at the end of clause (e) and inserting a period in place thereof.

  5. Pub. L. 91–278 § 1(5) · 84 Stat. 304

    Changed · 14 U.S.C. § 1945

    Pub. L. 91–278 permitted permanent teachers to retire at sixty-four rather than at sixty-two unless earlier retired or separated

    Source evidence

    Code amendment note
    Pub. L. 91–278 permitted permanent teachers to retire at sixty-four rather than at sixty-two unless earlier retired or separated.

    Enacted provision · exact public law section
    (1) Section 2 is amended— (A) by deleting the word “upon” and substituting therefor the words “on and under”, in the clause preceding the first semicolon; (B) by inserting “and under” after the phrase “life and property on” and deleting the word “on” after the phrase “the high seas and” in the clause preceding the second semicolon; and (C) by correctly spelling icebreaking as an unhyphenated word and inserting “, under,” after the phrase “promotion of safety on” in the clause preceding the third semicolon.

  6. Frank LoBiondo Coast Guard Authorization Act of 2018

    Pub. L. 115–282 § 123(b)(2) · 132 Stat. 4192

    1. Substituted · 14 U.S.C. § 1945

      Pub. L. 115–282, § 123(b)(2), substituted “section 2149” for “section 288”

    2. Substituted · 14 U.S.C. § 1945

      Pub. L. 115–282, § 123(b)(2), substituted “section 2150” for “section 289”

    Source evidence

    Code amendment note
    Pub. L. 115–282, § 123(b)(2), substituted “section 2149” for “section 288” and “section 2150” for “section 289”.

    Enacted provision · exact public law section
    (2) Title 14.— In title 14, United States Code, each reference in the text of such title to a source 49 USC 303–305, 308, 313, 317, 504, 528, 543, 717, 908, 1106, 1107, 1110, 1133, 1171, 1904, 1945, 2107–2110, 2113, 2115–2125, 2142–2146, 2148–2151, 2159–2164, 2307, 2311, 2315, 2734, 2922, 2945, 2946, 3711, 3731, 3734, 3735, 3737, 3740, 3742, 3743, 3747, 3749, 3752, 3901, 3902, 3908, 3909, 3911, 5101, 5103, 5104, 5107. section is amended by striking such reference and inserting a reference to the appropriate, as determined using the tables located in this title, redesignated section.

  7. Frank LoBiondo Coast Guard Authorization Act of 2018

    Pub. L. 115–282 § 110(b) · 132 Stat. 4192

    Changed · 14 U.S.C. § 1945

    Pub. L. 115–282, § 110(b), renumbered section 190 of this title as this section

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 115–282, § 110(b), renumbered section 190 of this title as this section.

    Enacted provision · exact public law section
    (b) Redesignations and Transfers.— (1) Requirement.— The sections of title 14, United States Code, identified in the table provided in paragraph (2) are amended— (A) by redesignating the sections as described in the table; and (B) by transferring the sections, as necessary, so that the sections appear after the table of sections for chapter 19 of such title (as added by subsection (a)), in the order in which the sections are presented in the table. (2) Table.— The table referred to in paragraph (1) is the following: Title 14 section number before redesignationSection heading (provided for identification purposes only-not amended)Title 14 section number after redesignation 181Administration of Academy1901 200Policy on sexual harassment and sexual violence1902 194Annual Board of Visitors1903 196Participation in Federal, State, or other educational research grants1904 195Admission of foreign nationals for instruction; restrictions; conditions1923 181aCadet applicants; preappointment travel to Academy1926 183Cadets; initial clothing allowance1927 184Cadets; degree of bachelor of science1928 185Cadets; appointment as ensign1929 197Cadets: charges and fees for attendance; limitation1930 186Civilian teaching staff1941 187Permanent commissioned teaching staff; composition1942 188Appointment of permanent commissioned teaching staff1943 189Grade of permanent commissioned teaching staff1944 190Retirement of permanent commissioned teaching staff1945 191Credit for service as member of civilian teaching staff1946 192Assignment of personnel as instructors1947 199Marine safety curriculum1948

9 of 10 references resolved to an enrolled provision · 1 partial

Notes

Historical and Revision Notes

Based on title 14, U.S.C., 1946 ed., § 15f (Apr. 16, 1937, ch. 107, § 5, 50 Stat. 67).

The provision prohibiting the retirement of a professor because of physical disability with less than 15 years’ service is changed to have application only during the temporary appointment of a professor.

This section provides for the retirement of associate professors, assistant professors, and commissioned instructors in addition to professors. It is believed that the provision of existing law requiring 15 years’ service before becoming eligible for retirement, discriminated against this group of officers as no other group was discriminated against, and should be eliminated. It was changed so that these officers would be ineligible for retirement during their probationary term only.

Changes were made in phraseology. 81st Congress, House Report No. 557.

Editorial Notes

Amendments1960–2018 · 5 rounds

2018

Pub. L. 115–282, § 123(b)(2), substituted “section 2149” for “section 288” and “section 2150” for “section 289”.

Pub. L. 115–282, § 110(b), renumbered section 190 of this title as this section.

1970

Pub. L. 91–278 permitted permanent teachers to retire at sixty-four rather than at sixty-two unless earlier retired or separated.

1966

Pub. L. 89–444 authorized the Secretary to retire any member of the permanent commissioned teaching staff who has completed thirty years’ active service.

1963

Pub. L. 88–130 inserted “or discharge”, excepted staff members from retirement from active service under section 288 of this title, and from the provisions of section 289 of this title, and struck out “permanent” before “commissioned officers”.

1960

Pub. L. 86–474 substituted “civilian member of the teaching staff” for “civilian instructor or civilian librarian”, and struck out “commissioned” in three places before “instructors” and “instructor”, respectively.

Credits

1949–2018 · 6 acts
  1. 1949Aug. 4, 1949, ch. 393, 63 Stat. 509, § 190
  2. 1960Pub. L. 86–474, § 1(13), , 74 Stat. 145
  3. 1963Pub. L. 88–130, § 1(8), , 77 Stat. 175
  4. 1966Pub. L. 89–444, § 1(10), , 80 Stat. 196
  5. 1970Pub. L. 91–278, § 1(5), , 84 Stat. 304
  6. 2018renumbered § 1945 and amended Pub. L. 115–282, title I, §§ 110(b), 123(b)(2), , 132 Stat. 4212, 4240.
Show as published

(Aug. 4, 1949, ch. 393, 63 Stat. 509, § 190; Pub. L. 86–474, § 1(13), , 74 Stat. 145; Pub. L. 88–130, § 1(8), , 77 Stat. 175; Pub. L. 89–444, § 1(10), , 80 Stat. 196; Pub. L. 91–278, § 1(5), , 84 Stat. 304; renumbered § 1945 and amended Pub. L. 115–282, title I, §§ 110(b), 123(b)(2), , 132 Stat. 4212, 4240.)

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