§853g. Retirement or separation of officers

(a) Transfer of officers to retired list; separation from service

As recommended by the personnel board-

(1) an officer in the permanent grade of captain or commander may be transferred to the retired list; and

(2) an officer in the permanent grade of lieutenant commander, lieutenant, or lieutenant (junior grade) who is not qualified for retirement may be separated from the service.

(b) Computations

In any fiscal year, the total number of officers selected for retirement or separation under subsection (a) of this section plus the number of officers retired for age may not exceed the whole number nearest four percent of the total number of officers authorized to be on the active list, except as otherwise provided by law.

(c) Effective date of retirements and separations

Any retirement or separation under subsection (a) of this section shall take effect on the first day of the sixth month beginning after the date on which the Secretary of Commerce approves the retirement or separation, except that if the officer concerned requests earlier retirement or separation, the date shall be as determined by the Secretary.

(June 3, 1948, ch. 390, §8, 62 Stat. 298 ; Pub. L. 98–498, title III, §320(a)(1), Oct. 19, 1984, 98 Stat. 2307 .)

Amendments

1984-Subsec. (a). Pub. L. 98–498 designated provisions preceding first proviso as subsec. (a) and added par. designations, struck out lieutenant commander from those eligible to be transferred to the retired list and added it to those who may be separated from the service, and inserted "who is not qualified for retirement" after "(junior grade)" in par. (2) as so designated.

Subsec. (b). Pub. L. 98–498 designated provisions in first proviso as subsec. (b) and substituted "may not exceed the whole number nearest four percent of the total number of officers authorized to be on the active list," for "shall not exceed the whole number nearest 4 per centum of the total authorized number of commissioned officers on the active list,".

Subsec. (c). Pub. L. 98–498 designated provisions in second proviso as subsec. (c) and substituted "Any retirement or separation under subsection (a) of this section shall take effect on the first day of the sixth month beginning after the date on which the Secretary of Commerce approves the retirement or separation, except that if the officer concerned requests earlier retirement or separation, the date shall be as determined by the Secretary" for "That all retirements and separations pursuant to this section shall become effective on the first day of the sixth month following the date of approval of the retirement or separation by the Secretary of Commerce, unless the officer concerned requests earlier retirement or separation, in which case the date shall be as determined by the Secretary of Commerce".

Section Referred to in Other Sections

This section is referred to in section 853h of this title.