§ 2149. Regular captains; retirement

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. 1963

   Pub. L. 88–130 § 1(10)(C) · 77 Stat. 174

   Enacted · 14 U.S.C. § 2149

   Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 185, § 288

   Source evidence

   Code source credit
   Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 185, § 288

   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.”

2. 1974

   Pub. L. 93–283 § 1(8) · 88 Stat. 139

   Changed · 14 U.S.C. § 2149(a)

   Pub. L. 93–283 prohibited an involuntary retirement under this section of an officer advanced in precedence on the active duty promotion list because of his promotion resulting from selection for promotion from below the zone earlier than if he had not been selected from below the zone

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 93–283 prohibited an involuntary retirement under this section of an officer advanced in precedence on the active duty promotion list because of his promotion resulting from selection for promotion from below the zone earlier than if he had not been selected from below the zone.

   Enacted provision · exact public law section
   (1) Section 83 is amended by inserting the words “in or adjacent to the waters subject to the jurisdiction of the United States, its territories or possessions, or the Trust Territory of the Pacific Islands, or on the high seas if that person, or public body, or instrumentality is subject to the jurisdiction of the United States,” between the word “navigation” and the word “without” in the first sentence thereof.

   Effective date note
   Amendment by Pub. L. 93–283 effective Sept. 24, 1963, see section 2 of Pub. L. 93–283, set out as a note under section 2104 of this title.

3. 1976

   Pub. L. 94–546 § 1(25) · 90 Stat. 2519

   Substituted · 14 U.S.C. § 2149(a)

   Pub. L. 94–546 substituted “promotion year” for “fiscal year”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 94–546 substituted “promotion year” for “fiscal year”.

   Enacted provision · exact public law section
   (1) In section 1 by striking in the second sentence the words “Treasury Department” and inserting in lieu thereof the words “Department of Transportation”.

4. 1980

   Department of Defense Authorization Act, 1981

   Pub. L. 96–342 title VIII § 813(f)(1) · 94 Stat. 1077

   Substituted · 14 U.S.C. § 2149(b)

   Pub. L. 96–342 substituted “Except as provided in section 423(b)” for “Notwithstanding section 423”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 96–342 substituted “Except as provided in section 423(b)” for “Notwithstanding section 423”.

   Enacted provision · exact public law section
   (1) Subsection (b) of section 288 of title 14, United States Code, is amended to read as follows: “(b) Except as provided in section 423(b) of this title, the retired pay Infra. of an officer retired under this section shall not be less than 50 percent of the basic pay upon which the computation of his retired pay is based.”.

5. 1983

   Pub. L. 97–417 § 2(7) · 96 Stat. 2085

   Substituted · 14 U.S.C. § 2149(a)

   Pub. L. 97–417 substituted “commodore” for “rear admiral”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 97–417 substituted “commodore” for “rear admiral”.

   Enacted provision · exact public law section
   (7) Subsection (a) of section 288 is amended by striking out 14 USC 288. “rear admiral” and inserting in lieu thereof “commodore”.

6. 1986

   Pub. L. 99–348 title II § 205(b)(4) · 100 Stat. 682

   Substituted · 14 U.S.C. § 2149(b)

   Pub. L. 99–348 substituted “Retired pay computed under section 423(a) of this title” for “Except as provided in section 423(b) of this title, the retired pay”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 99–348 substituted “Retired pay computed under section 423(a) of this title” for “Except as provided in section 423(b) of this title, the retired pay”.

   Enacted provision · exact public law section
   (4) Section 288(b) of such title is amended by striking out “Except as provided in section 423(b) of this title, the retired Ante, p. 699. pay” and inserting in lieu thereof “Retired pay computed under section 423(a) of this title”.

7. 1986

   Department of Defense Authorization Act, 1987

   Pub. L. 99–661 div. A title XIII § 1343(c) · 100 Stat. 3816

   Substituted · 14 U.S.C. § 2149(a)

   Pub. L. 99–661 substituted “rear admiral (lower half)” for “commodore”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 99–661 substituted “rear admiral (lower half)” for “commodore”.

   Enacted provision · exact public law section
   (c) Amendments to Title 14.— Sections 256(b) and 288(a) of title 14, United States Code, are amended by striking out “commodore” and inserting in lieu thereof “rear admiral (lower half)”.

8. 2018

   Frank LoBiondo Coast Guard Authorization Act of 2018

   Pub. L. 115–282 § 112(b) · 132 Stat. 4192

   Changed · 14 U.S.C. § 2149

   Pub. L. 115–282, § 112(b), renumbered section 288 of this title as this section

   Source evidence

   Code amendment note
   Pub. L. 115–282, § 112(b), renumbered section 288 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 21 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 211Original appointment of permanent commissioned officers2101 41aActive duty promotion list2102 42Number and distribution of commissioned officers on active duty promotion list2103 214Appointment of temporary officers2104 215Rank of warrant officers2105 251Selection boards; convening of boards2106 252Selection boards; composition of boards2107 253Selection boards; notice of convening; communication with board2108 254Selection boards; oath of members2109 255Number of officers to be selected for promotion2110 256Promotion zones2111 256aPromotion year; defined2112 257Eligibility of officers for consideration for promotion2113 258Selection boards; information to be furnished boards2115 259Officers to be recommended for promotion2116 260Selection boards; reports2117 261Selection boards; submission of reports2118 262Failure of selection for promotion2119 263Special selection boards; correction of errors2120 271Promotions; appointments2121 272Removal of officer from list of selectees for promotion2122 273Promotions; acceptance; oath of office2123 274Promotions; pay and allowances2124 275Wartime temporary service promotions2125 276Promotion of officers not included on active duty promotion list2126 331Recall to active duty during war or national emergency2127 332Recall to active duty with consent of officer2128 373Aviation cadets; appointment as Reserve officers2129 281Revocation of commissions during first five years of commissioned service2141 282Regular lieutenants (junior grade); separation for failure of selection for promotion2142 283Regular lieutenants; separation for failure of selection for promotion; continuation2143 284Regular Coast Guard; officers serving under temporary appointments2144 285Regular lieutenant commanders and commanders; retirement for failure of selection for promotion2145 286Discharge in lieu of retirement; separation pay2146 286aRegular warrant officers: separation pay2147 287Separation for failure of selection for promotion or continuation; time of2148 288Regular captains; retirement2149 289Captains; continuation on active duty; involuntary retirement2150 290Rear admirals and rear admirals (lower half); continuation on active duty; involuntary retirement2151 291Voluntary retirement after twenty years’ service2152 292Voluntary retirement after thirty years’ service2153 293Compulsory retirement2154 294Retirement for physical disability after selection for promotion; grade in which retired2155 295Deferment of retirement or separation for medical reasons2156 296Flag officers2157 321Review of records of officers2158 322Boards of inquiry2159 323Boards of review2160 324Composition of boards2161 325Rights and procedures2162 326Removal of officer from active duty; action by Secretary2163 327Officers considered for removal; retirement or discharge; separation benefits2164 333Relief of retired officer promoted while on active duty2165 335Physical fitness of officers2181 429Multirater assessment of certain personnel2182

9. 2018

   Frank LoBiondo Coast Guard Authorization Act of 2018

   Pub. L. 115–282 § 309 · 132 Stat. 4192

   1. Substituted · 14 U.S.C. § 2149(a)

      Pub. L. 115–282, § 309, substituted “zone, or from being placed at the top of the list of selectees promulgated by the Secretary under section 2121(a) of this title, is” for “zone is”

   2. Inserted · 14 U.S.C. § 2149(a)

      Pub. L. 115–282, § 309, inserted “or placed at the top of the list of selectees, as applicable” before period at end

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 115–282, § 309, substituted “zone, or from being placed at the top of the list of selectees promulgated by the Secretary under section 2121(a) of this title, is” for “zone is” and inserted “or placed at the top of the list of selectees, as applicable” before period at end.

   Enacted provision · exact public law section
   SEC. 309. REGULAR CAPTAINS; RETIREMENT.   Section 2149(a) of title 14, United States Code, is amended— (1) by striking “zone is” and inserting “zone, or from being placed at the top of the list of selectees promulgated by the Secretary under section 2121(a) of this title, is”; and (2) by striking the period at the end and inserting “or placed at the top of the list of selectees, as applicable.”.

10. 2018

    Frank LoBiondo Coast Guard Authorization Act of 2018

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

    Substituted · 14 U.S.C. § 2149(b)

    Pub. L. 115–282, § 123(b)(2), substituted “section 2504(a)” for “section 423(a)”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 115–282, § 123(b)(2), substituted “section 2504(a)” for “section 423(a)”.

    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.

11 of 11 references resolved to an enrolled provision