Title 14 — Coast Guard
Chapter 25 — Personnel; General Provisions
§ 2502. Retirement
Statutory text
Every commissioned officer, warrant officer, or enlisted member who is retired under any provisions of this title shall be retired with the permanent grade or rate held at the time of retirement, unless entitled to retire with a higher grade or rate under any provision of this title or any other law.
Where an officer is entitled, under any provision of law, to retire with one grade higher than the grade in which serving at the time of retirement, the next higher grade in the case of captain shall be rear admiral (lower half), and the next higher grade in the case of commissioned warrant officer shall be lieutenant (junior grade).
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.
Title 14, United States Code, section —
Pub. L. 81–393 · 63 Stat. 495
Enacted · 14 U.S.C. § 2502
Aug. 4, 1949, ch. 393, 63 Stat. 524, § 421
Source evidence
Code source credit
Aug. 4, 1949, ch. 393, 63 Stat. 524, § 421Pub. L. 97–417 § 2(10) · 96 Stat. 2085
Substituted · 14 U.S.C. § 2502(b)
Pub. L. 97–417 substituted “commodore” for “rear admiral”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 97–417 substituted “commodore” for “rear admiral”.Enacted provision · exact public law section
(10) 14 USC 421. Subsection (b) of section 421 is amended by striking out “rear admiral” and inserting in lieu thereof “commodore”.Coast Guard Authorization Act of 1984
Pub. L. 98–557 § 15(a)(3)(A) · 98 Stat. 2860
Substituted · 14 U.S.C. § 2502(a)
Pub. L. 98–557 substituted reference to enlisted member for reference to enlisted man
Source evidence
Code amendment note
Subsec. (a). Pub. L. 98–557 substituted reference to enlisted member for reference to enlisted man.Enacted provision · exact public law section
(A) The following sections of such title are amended by striking “enlisted man” each place it appears and inserting in lieu thereof “enlisted member”: 353, 354, 355, 357, 359, 360, 361, 362, 365, 366, 367, 370, 421, 423, and 424.Department of Defense Authorization Act, 1986
Pub. L. 99–145 title V § 514(c)(1) · 99 Stat. 583
Substituted · 14 U.S.C. § 2502(b)
Pub. L. 99–145 substituted “rear admiral (lower half)” for “commodore”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 99–145 substituted “rear admiral (lower half)” for “commodore”.Enacted provision · exact public law section
(1) The following sections of title 14, United States Code, are amended by striking out “commodore” each place it appears and inserting in lieu thereof “rear admiral (lower half)”: 42(b), 256(a), 259(b), 271(d), 289(a), 290(a), 421(b), 724(b), 729(e), 736(b), 740(a), 742(b), and 743.Pub. L. 99–348 title II § 205(b)(10) · 100 Stat. 682
Substituted · 14 U.S.C. § 2502(a)
Pub. L. 99–348 substituted “rate” for “rating” in two places
Source evidence
Code amendment note
Subsec. (a). Pub. L. 99–348 substituted “rate” for “rating” in two places.Enacted provision · exact public law section
(10) Sections 421 and 422 of such title are amended by striking out “rating” each place it appears and inserting in lieu thereof “rate”.Frank LoBiondo Coast Guard Authorization Act of 2018
Pub. L. 115–282 title I § 114(b) · 132 Stat. 4192
Changed · 14 U.S.C. § 2502
Pub. L. 115–282 renumbered section 421 of this title as this section
Source evidence
Code amendment note
Pub. L. 115–282 renumbered section 421 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
5 of 6 references resolved to an enrolled provision · 1 partial
Notes
Historical and Revision Notes
Subsection (a) is new in this form, but the provision contained therein is expressed or implied in numerous statutes relating to the retirement of military personnel.
A provision defining the next higher grade to that of commissioned warrant officer as lieutenant (junior grade), for purposes of retirement, was added.
The other provisions of said section are obsolete and are no longer needed.
Subsection (a) is new, but the provision contained in it is expressed or implied in numerous statutes relating to retirement of military personnel. It is believed desirable to include such a provision to prevent any misconstruction of retirement statutes, even though no change in existing law is intended on the point covered, either by other sections dealing with retirement or by this section.
Subsection (b) is a codification of the only provision of title 14, U.S.C., 1946 ed., § 174, that it is desired to retain, and in addition designated the next higher grade for commissioned warrant officers as lieutenant (junior grade) because the pay of the commissioned warrant officers is the same as for the grade of lieutenant (junior grade) and advancing such officers to the grade of ensign would in some aspects not appear to be a promotion. 81st Congress, House Report No. 557.
Editorial Notes
Amendments1983–2018 · 5 rounds
2018
Pub. L. 115–282 renumbered section 421 of this title as this section.
1986
Subsec. (a). Pub. L. 99–348 substituted “rate” for “rating” in two places.
1985
Subsec. (b). Pub. L. 99–145 substituted “rear admiral (lower half)” for “commodore”.
1984
Subsec. (a). Pub. L. 98–557 substituted reference to enlisted member for reference to enlisted man.
1983
Subsec. (b). Pub. L. 97–417 substituted “commodore” for “rear admiral”.
Statutory Notes and Related Subsidiaries
Report on Resignation and Retirement Processing Times and Denial
Pub. L. 117–263, div. K, title CXII, § 11241, , 136 Stat. 4039, provided that:
“(a) In General.—
Not later than 30 days after the date of enactment of this Act [], and annually thereafter, the Commandant [of the Coast Guard] shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that evaluates resignation and retirement processing timelines.
“(b) Elements.—
The report required under subsection (a) shall include, for the preceding calendar year—
“(1) statistics on the number of resignations, retirements, and other separations that occurred;
“(2) the processing time for each action described in paragraph (1);
“(3) the percentage of requests for such actions that had a command endorsement;
“(4) the percentage of requests for such actions that did not have a command endorsement; and
“(5) for each denial of a request for a command endorsement and each failure to take action on such a request, a detailed description of the rationale for such denial or failure to take such action.”
Credits
1949–2018 · 6 acts
- 1949Aug. 4, 1949, ch. 393, 63 Stat. 524, § 421
- 1983Pub. L. 97–417, § 2(10), , 96 Stat. 2086
- 1984Pub. L. 98–557, § 15(a)(3)(A), , 98 Stat. 2865
- 1985Pub. L. 99–145, title V, § 514(c)(1), , 99 Stat. 629
- 1986Pub. L. 99–348, title II, § 205(b)(10), , 100 Stat. 700
- 2018renumbered § 2502, Pub. L. 115–282, title I, § 114(b), , 132 Stat. 4223.
Show as published
(Aug. 4, 1949, ch. 393, 63 Stat. 524, § 421; Pub. L. 97–417, § 2(10), , 96 Stat. 2086; Pub. L. 98–557, § 15(a)(3)(A), , 98 Stat. 2865; Pub. L. 99–145, title V, § 514(c)(1), , 99 Stat. 629; Pub. L. 99–348, title II, § 205(b)(10), , 100 Stat. 700; renumbered § 2502, Pub. L. 115–282, title I, § 114(b), , 132 Stat. 4223.)