§ 2501. Grade on 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. § 2501

   Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 190, § 334

   Source evidence

   Code source credit
   Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 190, § 334

   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. 1966

   Pub. L. 89–444 § 1(19) · 80 Stat. 195

   Substituted · 14 U.S.C. § 2501

   Pub. L. 89–444 substituted “Grade on retirement” for “Retirement in cases where higher grade has been held” in section catchline

   Source evidence

   Code amendment note
   Pub. L. 89–444 substituted “Grade on retirement” for “Retirement in cases where higher grade has been held” in section catchline.

   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.

3. 1986

   Pub. L. 99–348 § 205(b)(7)(A) · 100 Stat. 682

   Struck · 14 U.S.C. § 2501(a)

   Pub. L. 99–348, § 205(b)(7)(A), struck out “, with retired pay of the grade with which retired” after “satisfactory”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 99–348, § 205(b)(7)(A), struck out “, with retired pay of the grade with which retired” after “satisfactory”.

   Enacted provision · exact public law section
   (A) by striking out “, with retired pay of the grade with which retired” in subsections (a) and (b); and

4. 1986

   Pub. L. 99–348 § 205(b)(7) · 100 Stat. 682

   1. Struck · 14 U.S.C. § 2501(b)

      Pub. L. 99–348, § 205(b)(7), struck out “, with retired pay of the grade with which retired” after “satisfactory”

   2. Struck · 14 U.S.C. § 2501(b)

      Pub. L. 99–348, § 205(b)(7), struck out provision that when the rate of pay of such highest grade is less than the pay of the warrant grade with which the officer would otherwise be retired under section 1371 of title 10, the retired pay was to be based on the higher rate of pay

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 99–348, § 205(b)(7), struck out “, with retired pay of the grade with which retired” after “satisfactory” and struck out provision that when the rate of pay of such highest grade is less than the pay of the warrant grade with which the officer would otherwise be retired under section 1371 of title 10, the retired pay was to be based on the higher rate of pay.

   Enacted provision · exact public law section
   (7) Section 334 of such title is amended— (A) by striking out “, with retired pay of the grade with which retired” in subsections (a) and (b); and (B) by striking out the second sentence of subsection (b).

5. 1991

   Warrant Officer Management Act

   Pub. L. 102–190 div. A title XI § 1125(b)(2) · 105 Stat. 1290

   Substituted · 14 U.S.C. § 2501(b)

   Pub. L. 102–190 substituted “section 564 of title 10 (as in effect on the day before the effective date of the Warrant Officer Management Act) or 1263, 1293, or 1305 of title 10” for “section 564, 1263, 1293, or 1305 of title 10”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 102–190 substituted “section 564 of title 10 (as in effect on the day before the effective date of the Warrant Officer Management Act) or 1263, 1293, or 1305 of title 10” for “section 564, 1263, 1293, or 1305 of title 10”.

   Enacted provision · exact public law section
   (2) Section 334(b) of such title is amended by striking out “section 564, 1263, 1293, or 1305 of title 10” and inserting in lieu thereof “section 564 of title 10 (as in effect on the day before the effective date of the Warrant Officer Management Act) or 1263, 1293, or 1305 of title 10”.

6. 1994

   National Defense Authorization Act for Fiscal Year 1995

   Pub. L. 103–337 div. A title V § 541(f)(3) · 108 Stat. 2663

   Substituted · 14 U.S.C. § 2501(b)

   Pub. L. 103–337 substituted “section 580,” for “section 564 of title 10 (as in effect on the day before the effective date of the Warrant Officer Management Act) or”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 103–337 substituted “section 580,” for “section 564 of title 10 (as in effect on the day before the effective date of the Warrant Officer Management Act) or”.

   Enacted provision · exact public law section
   (3) Section 334(b) of such title is amended by striking out “section 564 of title 10 (as in effect on the day before the effective date of the Warrant Officer Management Act) or” and inserting in lieu thereof “section 580,”.

   Effective date note
   Amendment by Pub. L. 103–337 effective on the first day of the fourth month beginning after Oct. 5, 1994, see section 541(h) of Pub. L. 103–337, set out as a note under section 571 of Title 10, Armed Forces.

7. 2018

   Frank LoBiondo Coast Guard Authorization Act of 2018

   Pub. L. 115–282 title I § 114(b) · 132 Stat. 4192

   Changed · 14 U.S.C. § 2501

   Pub. L. 115–282 renumbered section 334 of this title as this section

   Source evidence

   Code amendment note
   Pub. L. 115–282 renumbered section 334 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 25 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 334Grade on retirement2501 421Retirement2502 422Status of recalled personnel2503 423Computation of retired pay2504 424Limitations on retirement and retired pay2505 424aSuspension of payment of retired pay of members who are absent from the United States to avoid prosecution2506 425Board for Correction of Military Records deadline2507 426Emergency leave retention authority2508 427Prohibition of certain involuntary administrative separations2509 428Sea service letters2510 430Investigations of flag officers and Senior Executive Service employees2511 431Leave policies for the Coast Guard2512 467Computation of length of service2513 432Personnel of former Lighthouse Service2531

8. 2021

   Elijah E. Cummings Coast Guard Authorization Act of 2020

   Pub. L. 116–283 § 8201(c)(1) · 134 Stat. 3388

   1. Amended · 14 U.S.C. § 2501(a)

      Pub. L. 116–283, § 8201(c)(1), designated existing provisions as par. (1)

   2. Inserted · 14 U.S.C. § 2501(a)

      Pub. L. 116–283, § 8201(c)(1), inserted subsec. heading and par. (1) heading

   3. Substituted · 14 U.S.C. § 2501(a)

      Pub. L. 116–283, § 8201(c)(1), substituted “A commissioned officer” for “Any commissioned officer, other than a commissioned warrant officer,”

   4. Substituted · 14 U.S.C. § 2501(a)

      Pub. L. 116–283, § 8201(c)(1), substituted “the commissioned officer” for “him”

   5. Substituted · 14 U.S.C. § 2501(a)

      Pub. L. 116–283, § 8201(c)(1), substituted “the commissioned officer’s” for “his”

   6. Added · 14 U.S.C. § 2501(a)

      Pub. L. 116–283, § 8201(c)(1), added par. (2)

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 116–283, § 8201(c)(1), designated existing provisions as par. (1), inserted subsec. heading and par. (1) heading, substituted “A commissioned officer” for “Any commissioned officer, other than a commissioned warrant officer,”, “the commissioned officer” for “him”, and “the commissioned officer’s” for “his”, and added par. (2).

   Enacted provision · exact public law section
   (1) in subsection (a)— (A) by striking “Any commissioned officer, other than a commissioned warrant officer,” and inserting “ Commissioned Officers.— “(1) In general.— A commissioned officer” ; (B) by striking “him” and inserting “the commissioned officer”; (C) by striking “his” and inserting “the commissioned officer’s”; and (D) by adding at the end the following: “(2) Conditional determination.— When a commissioned officer is under investigation for alleged misconduct at the time of retirement— “(A) the Secretary may conditionally determine the highest grade of satisfactory service of the commissioned officer pending completion of the investigation; and “(B) the grade under subparagraph (A) is subject to resolution under subsection (c)(2).” ;

9. 2021

   Elijah E. Cummings Coast Guard Authorization Act of 2020

   Pub. L. 116–283 § 8201(c)(2) · 134 Stat. 3388

   1. Inserted · 14 U.S.C. § 2501(b)

      Pub. L. 116–283, § 8201(c)(2), inserted heading

   2. Substituted · 14 U.S.C. § 2501(b)

      Pub. L. 116–283, § 8201(c)(2), substituted “the warrant officer” for “him”

   3. Substituted · 14 U.S.C. § 2501(b)

      Pub. L. 116–283, § 8201(c)(2), substituted “the warrant officer’s” for “his”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 116–283, § 8201(c)(2), inserted heading and substituted “the warrant officer” for “him” and “the warrant officer’s” for “his”.

   Enacted provision · exact public law section
   (2) in subsection (b)— (A) by inserting “Warrant Officers.—” after “(b)”; (B) by striking “him” and inserting “the warrant officer”; and (C) by striking “his” and inserting “the warrant officer’s”; and

10. 2021

    Elijah E. Cummings Coast Guard Authorization Act of 2020

    Pub. L. 116–283 § 8201(c)(3) · 134 Stat. 3388

    Added · 14 U.S.C. § 2501(c)(e)

    Pub. L. 116–283, § 8201(c)(3), added subsecs. (c) to (e)

    Source evidence

    Code amendment note
    Subsecs. (c) to (e). Pub. L. 116–283, § 8201(c)(3), added subsecs. (c) to (e).

    Enacted provision · exact public law section
    (3) by adding at the end the following: “(c) Retirement in Lower Grade.— “(1) Misconduct in lower grade.— In the case of a commissioned officer whom the Secretary determines committed misconduct in a lower grade, the Secretary may determine the commissioned officer has not served satisfactorily in any grade equal to or higher than that lower grade. “(2) Adverse findings.— A determination of the retired grade of a commissioned officer shall be resolved following a conditional determination under subsection (a)(2) if the investigation of or personnel action against the commissioned officer results in adverse findings. “(3) Recalculation of retired pay.— If the retired grade of a commissioned officer is reduced pursuant to this subsection, the retired pay of the commissioned officer shall be recalculated under chapter 71 of title 10, and any modification of the retired pay of the commissioned officer shall go into effect on the effective date of the reduction in retired grade. “(d) Finality of Retired Grade Determinations.— “(1) In general.— Except as provided in paragraph (2), a determination of the retired grade of a commissioned officer under this section is administratively final on the day the commissioned officer is retired, and may not be reopened. “(2) Reopening determinations.— A determination of the retired grade of a commissioned officer may be reopened if— “(A) the retirement or retired grade of the commissioned officer was procured by fraud; “(B) substantial evidence comes to light after the retirement that could have led to a lower retired grade under this section and such evidence was not known by competent authority at the time of retirement; “(C) a mistake of law or calculation was made in the determination of the retired grade; “(D) in the case of a retired grade following a conditional determination under subsection (a)(2), the investigation of or personnel action against the commissioned officer results in adverse findings; or “(E) the Secretary determines, under regulations prescribed by the Secretary, that good cause exists to reopen the determination. “(3) Requirements.— If a determination of the retired grade of a commissioned officer is reopened under paragraph (2), the Secretary— “(A) shall notify the commissioned officer of the reopening; and “(B) may not make an adverse determination on the retired grade of the commissioned officer until the commissioned officer has had a reasonable opportunity to respond regarding the basis of the reopening. “(4) Recalculation of retired pay.— If the retired grade of a commissioned officer is reduced through the reopening of the commissioned officer’s retired grade under paragraph (2), the retired pay of the commissioned officer shall be recalculated under chapter 71 of title 10, and any modification of the retired pay of the commissioned officer shall go into effect on the effective date of the reduction in retired grade. “(e) Inapplicability to Commissioned Warrant Officers.— This section, including subsection (b), shall not apply to commissioned warrant officers.” .

11. 2025

    Pub. L. 119–60 § 7224(a)(1) · 139 Stat. 1702

    Inserted · 14 U.S.C. § 2501(d)(2)(B)

    Pub. L. 119–60, § 7224(a)(1), inserted “a” before “competent authority”

    Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (d)(2)(B). Pub. L. 119–60, § 7224(a)(1), inserted “a” before “competent authority”.

12. 2025

    Pub. L. 119–60 § 7224(a)(2) · 139 Stat. 1702

    1. Added · 14 U.S.C. § 2501(d)(2)(C)(H)

       Pub. L. 119–60, § 7224(a)(2), added subpars. (C) to (E)

    2. Redesignated · 14 U.S.C. § 2501(d)(2)(C)(H)

       Pub. L. 119–60, § 7224(a)(2), redesignated former subpars. (C) to (E) as (F) to (H), respectively

    Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (d)(2)(C) to (H). Pub. L. 119–60, § 7224(a)(2), added subpars. (C) to (E) and redesignated former subpars. (C) to (E) as (F) to (H), respectively.

18 of 21 references resolved to an enrolled provision · 3 unresolved