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Title 14 — Coast Guard

Chapter 25 — Personnel; General Provisions

§ 2505. Limitations on retirement and retired pay

Statutory text

(a)

The provisions of any section of this title shall not be construed so as to prevent any member from being placed on the retired list with the highest grade or rate and the highest retired pay to which the member may be entitled under the provisions of any other section of this title or under any other law.

(b)

In no case may the retired pay of a member exceed 75 percent of (1) the sum of the active-duty pay and all permanent additions thereto (including longevity credit to which the member is entitled) of the grade or rate on which the member’s pay is computed, or (2) the retired pay base determined under section 1407 of title 10, as appropriate.

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. § 2505

    Aug. 4, 1949, ch. 393, 63 Stat. 525, § 424

    Source evidence

    Code source credit
    Aug. 4, 1949, ch. 393, 63 Stat. 525, § 424

  2. Coast Guard Authorization Act of 1984

    Pub. L. 98–557 § 15(a)(3)(A) · 98 Stat. 2860

    Substituted · 14 U.S.C. § 2505

    Pub. L. 98–557 substituted reference to enlisted member for reference to enlisted man in four places

    Source evidence

    Code amendment note
    Pub. L. 98–557 substituted reference to enlisted member for reference to enlisted man in four places.

    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.

  3. Pub. L. 99–348 title II § 205(b)(11) · 100 Stat. 682

    Amended · 14 U.S.C. § 2505

    Pub. L. 99–348 amended section generally. Prior to amendment, section read as follows: “The provisions of any section of this title shall not be construed so as to prevent any officer or enlisted member from being placed on the retired list with the highest grade or rating and the highest retired pay to which such officer or enlisted member may be entitled under the provisions of any other section of this title or under the provisions of any other law. In no case shall the retired pay of an officer or enlisted member exceed 75 percent of the sum of the active-duty pay and all permanent additions thereto, including longevity credit to which the officer or enlisted member concerned is entitled, of the grade or rating on which his pay is computed.”

    Source evidence

    Code amendment note
    Pub. L. 99–348 amended section generally. Prior to amendment, section read as follows: “The provisions of any section of this title shall not be construed so as to prevent any officer or enlisted member from being placed on the retired list with the highest grade or rating and the highest retired pay to which such officer or enlisted member may be entitled under the provisions of any other section of this title or under the provisions of any other law. In no case shall the retired pay of an officer or enlisted member exceed 75 percent of the sum of the active-duty pay and all permanent additions thereto, including longevity credit to which the officer or enlisted member concerned is entitled, of the grade or rating on which his pay is computed.”

    Enacted provision · exact public law section
    (11) Section 424 of such title is amended to read as follows: “§ 424. Limitations on retirement and retired pay “(a) The provisions of any section of this title shall not be construed so as to prevent any member from being placed on the retired list with the highest grade or rate and the highest retired pay to which the member may be entitled under the provisions of any other section of this title or under any other law. “(b) In no case may the retired pay of a member exceed 75 percent of (1) the sum of the active-duty pay and all permanent additions thereto (including longevity credit to which the member is entitled) of the grade or rate on which the member’s pay is computed, or (2) the retired pay base determined under section 1407 of title 10, as Ante, p. 689. appropriate.”.

  4. Frank LoBiondo Coast Guard Authorization Act of 2018

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

    Changed · 14 U.S.C. § 2505

    Pub. L. 115–282 renumbered section 424 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 115–282 renumbered section 424 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

3 of 4 references resolved to an enrolled provision · 1 partial

Notes

Historical and Revision Notes

The two provisions of this section are considered desirable as safeguards to eliminate any possible misconstruction of situations relating to retirement and retired pay in respect to the two points covered. 81st Congress, House Report No. 557.

Editorial Notes

Amendments1984–2018 · 3 rounds

2018

Pub. L. 115–282 renumbered section 424 of this title as this section.

1986

Pub. L. 99–348 amended section generally. Prior to amendment, section read as follows: “The provisions of any section of this title shall not be construed so as to prevent any officer or enlisted member from being placed on the retired list with the highest grade or rating and the highest retired pay to which such officer or enlisted member may be entitled under the provisions of any other section of this title or under the provisions of any other law. In no case shall the retired pay of an officer or enlisted member exceed 75 percent of the sum of the active-duty pay and all permanent additions thereto, including longevity credit to which the officer or enlisted member concerned is entitled, of the grade or rating on which his pay is computed.”

1984

Pub. L. 98–557 substituted reference to enlisted member for reference to enlisted man in four places.

Credits

1949–2018 · 4 acts
  1. 1949Aug. 4, 1949, ch. 393, 63 Stat. 525, § 424
  2. 1984Pub. L. 98–557, § 15(a)(3)(A), , 98 Stat. 2865
  3. 1986Pub. L. 99–348, title II, § 205(b)(11), , 100 Stat. 700
  4. 2018renumbered § 2505, Pub. L. 115–282, title I, § 114(b), , 132 Stat. 4223.
Show as published

(Aug. 4, 1949, ch. 393, 63 Stat. 525, § 424; Pub. L. 98–557, § 15(a)(3)(A), , 98 Stat. 2865; Pub. L. 99–348, title II, § 205(b)(11), , 100 Stat. 700; renumbered § 2505, Pub. L. 115–282, title I, § 114(b), , 132 Stat. 4223.)

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