[USC02] 14 USC Ch. 25: PERSONNEL; GENERAL PROVISIONS
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14 USC Ch. 25: PERSONNEL; GENERAL PROVISIONS
From Title 14—COAST GUARDSUBTITLE II—PERSONNEL

CHAPTER 25—PERSONNEL; GENERAL PROVISIONS

SUBCHAPTER I—GENERAL PROVISIONS

Sec.
2501.
Grade on retirement.
2502.
Retirement.
2503.
Status of recalled personnel.
2504.
Computation of retired pay.
2505.
Limitations on retirement and retired pay.
2506.
Suspension of payment of retired pay of members who are absent from the United States to avoid prosecution.
2507.
Board for Correction of Military Records deadline.
2508.
Emergency leave retention authority.
2509.
Prohibition of certain involuntary administrative separations.
2510.
Sea service letters.
2511.
Investigations of flag officers and Senior Executive Service employees.
2512.
Leave policies for the Coast Guard.
2513.
Computation of length of service.

        

SUBCHAPTER II—LIGHTHOUSE SERVICE

2531.
Personnel of former Lighthouse Service.

        

Prior Provisions

A prior analysis for chapter 25 "GENERAL PROVISIONS FOR COAST GUARD RESERVE AND AUXILIARY" consisted of items 891 "Flags; pennants; uniforms and insignia", 892 "Penalty", 893 "Limitation on rights of members of the Auxiliary and temporary members of the Reserve", and 894 "Availability of facilities and appropriations", prior to repeal by Pub. L. 115–282, title I, §114(a), Dec. 4, 2018, 132 Stat. 4223.

Amendments

2018Pub. L. 115–282, title I, §114(a), Dec. 4, 2018, 132 Stat. 4223, inserted chapter 25 designation and heading and added items 2501 to 2531.

SUBCHAPTER I—GENERAL PROVISIONS

Amendments

2018Pub. L. 115–282, title I, §114(c)(1), Dec. 4, 2018, 132 Stat. 4224, inserted subchapter I designation and heading.

§2501. Grade on retirement

(a) Any commissioned officer, other than a commissioned warrant officer, who is retired under any provision of this title, shall be retired from active service with the highest grade held by him for not less than six months while on active duty in which, as determined by the Secretary, his performance of duty was satisfactory.

(b) Any warrant officer who is retired under any provision of section 580, 1263, 1293, or 1305 of title 10, shall be retired from active service with the highest commissioned grade above chief warrant officer, W–4, held by him for not less than six months on active duty in which, as determined by the Secretary, his performance of duty was satisfactory.

(Added Pub. L. 88–130, §1(10)(C), Sept. 24, 1963, 77 Stat. 190, §334; amended Pub. L. 89–444, §1(19), June 9, 1966, 80 Stat. 196; Pub. L. 99–348, title II, §205(b)(7), July 1, 1986, 100 Stat. 700; Pub. L. 102–190, div. A, title XI, §1125(b)(2), Dec. 5, 1991, 105 Stat. 1505; Pub. L. 103–337, div. A, title V, §541(f)(3), Oct. 5, 1994, 108 Stat. 2766; renumbered §2501, Pub. L. 115–282, title I, §114(b), Dec. 4, 2018, 132 Stat. 4223.)

Amendments

2018Pub. L. 115–282 renumbered section 334 of this title as this section.

1994—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".

1991—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".

1986—Subsec. (a). Pub. L. 99–348, §205(b)(7)(A), struck out ", with retired pay of the grade with which retired" after "satisfactory".

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.

1966Pub. L. 89–444 substituted "Grade on retirement" for "Retirement in cases where higher grade has been held" in section catchline.

Effective Date of 1994 Amendment

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.

Effective Date of 1991 Amendment

Amendment by Pub. L. 102–190 effective Feb. 1, 1992, see section 1132 of Pub. L. 102–190, set out as a note under section 521 of Title 10, Armed Forces.

§2502. Retirement

(a) 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.

(b) 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).

(Aug. 4, 1949, ch. 393, 63 Stat. 524, §421; Pub. L. 97–417, §2(10), Jan. 4, 1983, 96 Stat. 2086; Pub. L. 98–557, §15(a)(3)(A), Oct. 30, 1984, 98 Stat. 2865; Pub. L. 99–145, title V, §514(c)(1), Nov. 8, 1985, 99 Stat. 629; Pub. L. 99–348, title II, §205(b)(10), July 1, 1986, 100 Stat. 700; renumbered §2502, Pub. L. 115–282, title I, §114(b), Dec. 4, 2018, 132 Stat. 4223.)

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.

Amendments

2018Pub. 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".

§2503. Status of recalled personnel

All retired personnel when recalled to active duty shall serve in the grade or rate in which they were serving at the time of retirement.

(Aug. 4, 1949, ch. 393, 63 Stat. 524, §422; Pub. L. 99–348, title II, §205(b)(10), July 1, 1986, 100 Stat. 700; renumbered §2503, Pub. L. 115–282, title I, §114(b), Dec. 4, 2018, 132 Stat. 4223.)

Historical and Revision Notes

This provision is desirable because many enlisted men and low-ranking officers may now retire with higher grade which they previously held on a temporary basis. If recalled in the higher grades, they might not be capable of holding same at the time of recall. 81st Congress, House Report No. 557.

Amendments

2018Pub. L. 115–282 renumbered section 422 of this title as this section.

1986Pub. L. 99–348 substituted "rate" for "rating".

§2504. Computation of retired pay

(a)(1) The retired pay of a member who first became a member of a uniformed service (as defined in section 101 of title 10) before September 8, 1980, is determined by multiplying—

(A) the sum of—

(i) the basic pay of the member's retired grade or rate, and

(ii) all permanent additions thereto including longevity credit to which the member was entitled at the time of retirement; by


(B) the retired pay multiplier determined under section 1409 of title 10 for the number of years of service that may be credited to the member under section 1405 of such title.


(2) In the case of an officer who served as Commandant, retired pay under paragraph (1) shall be computed at the highest rate of basic pay applicable to the officer while so serving.

(3) In the case of an enlisted member who served as the master chief petty officer of the Coast Guard, retired pay under paragraph (1) shall be computed at the highest rate of basic pay to which the member was entitled while so serving, if that basic pay is greater than the basic pay of the grade or rate to which the member is otherwise entitled at the time of retirement.

(4) In the case of an officer whose retired pay is computed on the pay of a grade for which basic pay is not based upon years of service, retired pay under paragraph (1) shall be computed on the basis of the number of years of service for which the officer would be entitled to credit in the computation of pay on the active list had the officer been serving in the grade of captain at the time of retirement.

(b) The retired pay of a member who first became a member of a uniformed service (as defined in section 101 of title 10) on or after September 8, 1980, is determined by multiplying—

(1) the retired pay base determined under section 1407 of title 10; by

(2) the retired pay multiplier determined under section 1409 of title 10 for the number of years of service that may be credited to the member under section 1405 of such title.


(c)(1) In computing for the purpose of subsection (a) or (b) the number of years of service that may be credited to a member under section 1405 of title 10

(A) each full month of service that is in addition to the number of full years of service creditable to the member shall be counted as 1/12 of a year; and

(B) any remaining fractional part of a month shall be disregarded.


(2) Retired pay computed under this section, if not a multiple of $1, shall be rounded to the next lower multiple of $1.

(d) In addition to amounts computed pursuant to subsections (a) through (c) of this section, a full TSP member (as defined in section 8440e(a) of title 5) of the Coast Guard is entitled to continuation pay pursuant to section 356 of title 37.

(Aug. 4, 1949, ch. 393, 63 Stat. 525, §423; Aug. 3, 1950, ch. 536, §23, 64 Stat. 407; Pub. L. 85–422, §11(b), May 20, 1958, 72 Stat. 132; Pub. L. 88–132, §5(i), Oct. 2, 1963, 77 Stat. 214; Pub. L. 92–455, §2, Oct. 2, 1972, 86 Stat. 761; Pub. L. 96–342, title VIII, §813(f)(2), Sept. 8, 1980, 94 Stat. 1109; Pub. L. 97–295, §2(12), Oct. 12, 1982, 96 Stat. 1302; Pub. L. 98–94, title IX, §§922(b), 923(d), Sept. 24, 1983, 97 Stat. 642, 643; Pub. L. 98–557, §15(a)(3)(A), Oct. 30, 1984, 98 Stat. 2865; Pub. L. 99–348, title II, §205(a), July 1, 1986, 100 Stat. 699; Pub. L. 115–141, div. F, title II, §225, Mar. 23, 2018, 132 Stat. 616; Pub. L. 115–232, div. C, title XXXV, §3531(c)(13), Aug. 13, 2018, 132 Stat. 2320; renumbered §2504, Pub. L. 115–282, title I, §114(b), Dec. 4, 2018, 132 Stat. 4223.)

Historical and Revision Notes

Based on title 14, U.S.C., 1946 ed., §§162a, 167, 175c, 185d (Apr. 12, 1902, ch. 501, §9, 32 Stat. 101; Jan. 12, 1938, ch. 3, §3, 52 Stat. 5; May 24, 1939, ch. 146, §5, 53 Stat. 756; Feb. 21, 1946, ch. 34, §10, 60 Stat. 29).

Section was enlarged to include computation of retired pay in all situations. It is in accord with the provisions of Navy statutes. 81st Congress, House Report No. 557.

Amendments

2018Pub. L. 115–282 renumbered section 423 of this title as this section.

Subsec. (a)(2). Pub. L. 115–232 substituted "Commandant" for "Commandant of the Coast Guard".

Subsec. (d). Pub. L. 115–141 added subsec. (d).

1986Pub. L. 99–348 amended section generally. Prior to amendment, section provided that retired pay of a grade or rating would be computed at the rate of 2½ percent of the sum of the basic pay of that grade or rating and all permanent additions thereto including longevity credit, multiplied by the number of years of service credited, with certain exceptions, and that retired pay of an officer or member of the Coast Guard who first became a member of a uniformed service, as defined in section 1407(a)(2) of title 10, after Sept. 7, 1980, would be computed at the rate of 2½ percent of the monthly retired pay base computed under section 1407(f) of title 10, multiplied by the number of years of service credited, but that retired pay was not to be more than 75 percent of such monthly retired pay base.

1984—Subsec. (a). Pub. L. 98–557 substituted reference to enlisted member concerned for reference to enlisted man concerned.

1983—Subsec. (a). Pub. L. 98–94, §923(d), substituted "In computing the number of years of service by which the rate of 2½ percent is multiplied, each full month of service that is in addition to the number of full years of service creditable to a member is counted as one-twelfth of a year and any remaining fractional part of a month is disregarded" for "A fractional year of six months or more shall be considered a full year in computing the number of years of service by which the rate of 2½ percent is multiplied".

Pub. L. 98–94, §922(b), inserted "Retired pay, if not a multiple of $1, shall be rounded to the next lower multiple of $1."

1982—Subsec. (b). Pub. L. 97–295 substituted "after September 7, 1980" for "on or after the date of the enactment of the Department of Defense Authorization Act, 1981".

1980Pub. L. 96–342 designated existing provisions as subsec. (a), substituted "Except as provided in subsection (b), the" for "The", and added subsec. (b).

1972Pub. L. 92–455 provided for computation of retired pay of an enlisted member serving as the master chief petty officer of the Coast Guard at the highest basic pay applicable to him while he so served, if that basic pay is greater than the basic pay of the grade or rating to which he was otherwise entitled at the time of retirement.

1963Pub. L. 88–132 substituted "basic" for "active-duty" wherever appearing.

1958Pub. L. 85–422 substituted "that may be credited to him under section 1405 of title 10" for "for which he was entitled to credit in the computation of his pay when last on active duty".

1950—Act Aug. 3, 1950, struck out reference to computation of pay of retired personnel retired by reason of physical disability.

Effective Date of 1983 Amendment

Amendment by section 922 of Pub. L. 98–94 effective Oct. 1, 1983, see section 922(e) of Pub. L. 98–94, set out as a note under section 1401 of Title 10, Armed Forces.

Amendment by section 923 of Pub. L. 98–94 applicable with respect to the computation of retired or retainer pay of any individual who becomes entitled to that pay after Sept. 30, 1983, see section 923(g) of Pub. L. 98–94, set out as a note under section 1174 of Title 10.

Effective Date of 1963 Amendment

Amendment by Pub. L. 88–132 effective Oct. 1, 1963, see section 14 of Pub. L. 88–132, set out as a note under section 201 of Title 37, Pay and Allowances of the Uniformed Services.

Effective Date of 1958 Amendment

Amendment by Pub. L. 85–422 effective June 1, 1958, see Pub. L. 85–422, §9, May 20, 1958, 72 Stat. 130.

§2505. 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 appropriate.

(Aug. 4, 1949, ch. 393, 63 Stat. 525, §424; Pub. L. 98–557, §15(a)(3)(A), Oct. 30, 1984, 98 Stat. 2865; Pub. L. 99–348, title II, §205(b)(11), July 1, 1986, 100 Stat. 700; renumbered §2505, Pub. L. 115–282, title I, §114(b), Dec. 4, 2018, 132 Stat. 4223.)

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.

Amendments

2018Pub. L. 115–282 renumbered section 424 of this title as this section.

1986Pub. 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."

1984Pub. L. 98–557 substituted reference to enlisted member for reference to enlisted man in four places.

§2506. Suspension of payment of retired pay of members who are absent from the United States to avoid prosecution

Under procedures prescribed by the Secretary, the Secretary may suspend the payment of the retired pay of a member or former member during periods in which the member willfully remains outside the United States to avoid criminal prosecution or civil liability. The procedures shall address the types of criminal offenses and civil proceedings for which the procedures may be used, including the offenses specified in section 8312 of title 5, and the manner by which a member, upon the return of the member to the United States, may obtain retired pay withheld during the member's absence.

(Added Pub. L. 107–295, title IV, §444(a), Nov. 25, 2002, 116 Stat. 2132, §424a; renumbered §2506, Pub. L. 115–282, title I, §114(b), Dec. 4, 2018, 132 Stat. 4223.)

Amendments

2018Pub. L. 115–282 renumbered section 424a of this title as this section.

§2507. Board for Correction of Military Records deadline

(a) Deadline for Completion of Action.—The Secretary shall complete processing of an application for correction of military records under section 1552 of title 10 by not later than 10 months after the date the Secretary receives the completed application.

(b) Remedies Deemed Exhausted.—Ten months after a complete application for correction of military records is received by the Board for Correction of Military Records of the Coast Guard, administrative remedies are deemed to have been exhausted, and—

(1) if the Board has rendered a recommended decision, its recommendation shall be final agency action and not subject to further review or approval within the department in which the Coast Guard is operating; or

(2) if the Board has not rendered a recommended decision, agency action is deemed to have been unreasonably delayed or withheld and the applicant is entitled to—

(A) an order under section 706(1) of title 5, directing final action be taken within 30 days from the date the order is entered; and

(B) from amounts appropriated to the department in which the Coast Guard is operating, the costs of obtaining the order, including a reasonable attorney's fee.

(Added Pub. L. 104–324, title II, §209(a), Oct. 19, 1996, 110 Stat. 3914, §425; renumbered §2507, Pub. L. 115–282, title I, §114(b), Dec. 4, 2018, 132 Stat. 4223.)

Amendments

2018Pub. L. 115–282 renumbered section 425 of this title as this section.

Effective Date

Pub. L. 104–324, §209(d), Oct. 19, 1996, 110 Stat. 3914, provided that: "This section [enacting this section and provisions set out as a note below] shall be effective on and after June 12, 1990."

Special Right of Applications After Deadline for Completion of Board Action

Pub. L. 104–324, §209(c), Oct. 19, 1996, 110 Stat. 3914, provided that: "This section [enacting this section and provisions set out as a note above] applies to any applicant who had an application filed with or pending before the Board or the Secretary of the department in which the Coast Guard is operating on or after June 12, 1990, who files with the Board for Correction of Military Records of the Coast Guard an application for relief under the amendment made by subsection (a) [enacting this section]. If a recommended decision was modified or reversed on review with final agency action occurring after expiration of the 10-month deadline under that amendment, an applicant who so requests shall have the order in the final decision vacated and receive the relief granted in the recommended decision if the Coast Guard has the legal authority to grant such relief. The recommended decision shall otherwise have no effect as precedent."

§2508. Emergency leave retention authority

(a) In General.—A duty assignment for an active duty member of the Coast Guard in support of a declaration of a major disaster or emergency by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) or in response to a spill of national significance shall be treated, for the purpose of section 701(f)(2) of title 10, as a duty assignment in support of a contingency operation.

(b) Definitions.—In this section:

(1) Spill of national significance.—The term "spill of national significance" means a discharge of oil or a hazardous substance that is declared by the Commandant to be a spill of national significance.

(2) Discharge.—The term "discharge" has the meaning given that term in section 1001 of the Oil Pollution Act of 1990 (33 U.S.C. 2701).

(Added Pub. L. 111–281, title II, §207(a), Oct. 15, 2010, 124 Stat. 2912, §426; renumbered §2508, Pub. L. 115–282, title I, §114(b), Dec. 4, 2018, 132 Stat. 4223.)

References in Text

The Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in subsec. (a), is Pub. L. 93–288, May 22, 1974, 88 Stat. 143, which is classified principally to chapter 68 (§5121 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 5121 of Title 42 and Tables.

Amendments

2018Pub. L. 115–282 renumbered section 426 of this title as this section.

Effective Date

Pub. L. 111–281, title II, §207(c), Oct. 15, 2010, 124 Stat. 2912, provided that: "The amendments made by this section [enacting this section] shall be deemed to have been enacted on April 19, 2010."

§2509. Prohibition of certain involuntary administrative separations

(a) In General.—Except as provided in subsection (b), the Secretary may not authorize the involuntary administrative separation of a covered individual based on a determination that the covered individual is unsuitable for deployment or other assignment due to a medical condition of the covered individual considered by a Physical Evaluation Board during an evaluation of the covered individual that resulted in the covered individual being determined to be fit for duty.

(b) Reevaluation.—

(1) In general.—The Secretary may require a Physical Evaluation Board to reevaluate any covered individual if the Secretary determines there is reason to believe that a medical condition of the covered individual considered by a Physical Evaluation Board during an evaluation of the covered individual renders the covered individual unsuitable for continued duty.

(2) Retirements and separations.—A covered individual who is determined, based on a reevaluation under paragraph (1), to be unfit to perform the duties of the covered individual's office, grade, rank, or rating may be retired or separated for physical disability under chapter 61 of title 10.


(c) Covered Individual Defined.—In this section, the term "covered individual" means any member of the Coast Guard who has been determined by a Physical Evaluation Board, pursuant to a physical evaluation by that board, to be fit for duty.

(Added Pub. L. 112–213, title II, §209(a), Dec. 20, 2012, 126 Stat. 1549, §427; amended Pub. L. 114–120, title II, §209(6), Feb. 8, 2016, 130 Stat. 41; renumbered §2509, Pub. L. 115–282, title I, §114(b), Dec. 4, 2018, 132 Stat. 4223.)

Amendments

2018Pub. L. 115–282 renumbered section 427 of this title as this section.

2016—Subsec. (b)(2). Pub. L. 114–120 substituted "chapter 61 of title 10" for "this chapter".

§2510. Sea service letters

(a) In General.—The Secretary shall provide a sea service letter to a member or former member of the Coast Guard who—

(1) accumulated sea service on a vessel of the Armed Forces (as such term is defined in section 527(e)); and

(2) requests such letter.


(b) Deadline.—Not later than 30 days after receiving a request for a sea service letter from a member or former member of the Coast Guard under subsection (a), the Secretary shall provide such letter to such member or former member if such member or former member satisfies the requirement under subsection (a)(1).

(Added Pub. L. 113–281, title III, §305(b)(1), Dec. 18, 2014, 128 Stat. 3044, §428; renumbered §2510 and amended Pub. L. 115–282, title I, §114(b), title III, §318(c), Dec. 4, 2018, 132 Stat. 4223, 4252.)

Amendments

2018Pub. L. 115–282, §114(b), renumbered section 428 of this title as this section.

Subsec. (a)(1). Pub. L. 115–282, §318(c), substituted "Armed Forces" for "armed forces" and "section 527(e)" for "section 101(a) of title 10".

§2511. Investigations of flag officers and Senior Executive Service employees

In conducting an investigation into an allegation of misconduct by a flag officer or member of the Senior Executive Service serving in the Coast Guard, the Inspector General of the Department of Homeland Security shall—

(1) conduct the investigation in a manner consistent with Department of Defense policies for such an investigation; and

(2) consult with the Inspector General of the Department of Defense.

(Added Pub. L. 114–120, title II, §220(a), Feb. 8, 2016, 130 Stat. 48, §430; renumbered §2511, Pub. L. 115–282, title I, §114(b), Dec. 4, 2018, 132 Stat. 4223.)

Amendments

2018Pub. L. 115–282 renumbered section 430 of this title as this section.

§2512. Leave policies for the Coast Guard

(a) In General.—Except as provided in subsection (b), not later than 1 year after the date on which the Secretary of the Navy promulgates a new rule, policy, or memorandum pursuant to section 704 of title 10, United States Code, with respect to leave associated with the birth or adoption of a child, the Secretary of the department in which the Coast Guard is operating shall promulgate a similar rule, policy, or memorandum that provides leave to officers and enlisted members of the Coast Guard that is equal in duration and compensation to that provided by the Secretary of the Navy.

(b) Leave Associated With Birth or Adoption of Child.—Notwithstanding subsection (a), sections 701 and 704 of title 10, or any other provision of law, all officers and enlisted members of the Coast Guard shall be authorized leave associated with the birth or adoption of a child during the 1-year period immediately following such birth or adoption and, at the discretion of the Commanding Officer, such officer or enlisted member shall be permitted—

(1) to take such leave in increments; and

(2) to use flexible work schedules (pursuant to a program established by the Secretary in accordance with chapter 61 of title 5).

(Added Pub. L. 114–120, title II, §222(a), Feb. 8, 2016, 130 Stat. 49, §431; renumbered §2512 and amended Pub. L. 115–282, title I, §114(b), title III, §315(a), Dec. 4, 2018, 132 Stat. 4223, 4250.)

Amendments

2018Pub. L. 115–282, §315(a), designated existing provisions as subsec. (a), inserted heading, substituted "Except as provided in subsection (b), not later than 1 year" for "Not later than 1 year", and added subsec. (b).

Pub. L. 115–282, §114(b), renumbered section 431 of this title as this section.

Flexible Work Schedules

Pub. L. 115–282, title III, §315(b), Dec. 4, 2018, 132 Stat. 4250, provided that: "Not later than 180 days after the date of enactment of this Act [Dec. 4, 2018], the Secretary of the department in which the Coast Guard is operating shall ensure that a flexible work schedule program under chapter 61 of title 5, United States Code, is in place for officers and enlisted members of the Coast Guard."

§2513. Computation of length of service

In computing length of service of officers and enlisted personnel for any purpose all creditable service in the Army, Navy, Marine Corps, Air Force, Coast Guard, Revenue Cutter Service, and Life Saving Service shall be included in addition to any other creditable service authorized by any other law.

(Aug. 4, 1949, ch. 393, 63 Stat. 531, §467; renumbered §2513, Pub. L. 115–282, title I, §114(b), Dec. 4, 2018, 132 Stat. 4223.)

Historical and Revision Notes

Based on title 14, U.S.C., 1946 ed., §2 (Jan. 28, 1915, ch. 20, §3, 38 Stat. 801).

The Air Force is added in the enumeration of services.

That part referring to the operation of a station for part of a year is omitted.

Changes were made in phraseology. 81st Congress, House Report No. 557.

Amendments

2018Pub. L. 115–282 renumbered section 467 of this title as this section.

SUBCHAPTER II—LIGHTHOUSE SERVICE

Amendments

2018Pub. L. 115–282, title I, §114(c)(2), Dec. 4, 2018, 132 Stat. 4225, inserted subchapter II designation and heading.

§2531. Personnel of former Lighthouse Service

(a) Any person of the former Lighthouse Service commissioned as an officer in the Coast Guard shall be an extra number in his grade and in the grades to which he may be promoted. He shall take precedence (1) with other officers commissioned in his grade from the former Lighthouse Service as the Secretary of the Treasury may determine, and (2) with other line officers in his grade in accordance with the respective dates of their commissions in such grade. He shall be eligible for promotion, if otherwise qualified, at such time as the officer in a regular number in line of promotion next above him on the seniority list becomes eligible for promotion; or if there be no such officer in his grade, he shall be eligible for promotion, if otherwise qualified, when a vacancy occurs in the next higher grade. An officer so commissioned shall be assigned to duty for which he is specially qualified, and professional examinations for promotion given to such officer shall embrace only subjects which pertain to the duty to which he is assigned.

(b) Each vacancy (1) hereafter occurring in the extra numbers of such officers; (2) existing on August 5, 1939, in positions in the Lighthouse Service formerly held by personnel eligible for such commissions; and (3) created by the retirement, resignation, death, or separation from the service for any other cause, of such personnel who do not possess the qualifications prescribed by the Secretary of the Treasury or who, being qualified, do not accept a commission thereunder, shall operate to increase by one the total authorized number of line officers of the Coast Guard.

(c) All persons of the former Lighthouse Service commissioned, appointed, or enlisted in the Coast Guard shall be subject to all laws and regulations for the government of the Coast Guard, and nothing contained in this title shall be construed to prevent the application to any of such persons of laws and regulations concerning the military discipline of commissioned and warrant officers and enlisted members of the Coast Guard.

(d) In computing length of service, for the purpose of retirement in the Coast Guard, of any person of the former Lighthouse Service commissioned, appointed, or enlisted in the Coast Guard, there shall be included all service computable for retirement under the provisions of section 763 of title 33; and after July 1, 1948, in computing longevity for the purpose of pay of such person there shall be included all service of such person in the Lighthouse Service.

(e) No person so commissioned, appointed, or enlisted in the Coast Guard shall suffer any reduction in the total of the annual compensation and allowances which he was receiving on the date of his commission, appointment, or enlistment. Upon his retirement from active duty in the Coast Guard, the retired pay of any person so commissioned, appointed, or enlisted, shall not be less than an annuity computed in accordance with the provisions of section 763 of title 33, substituting, however, for purposes of such computation, the annual compensation which he was receiving on the date of his commission, appointment, or enlistment in the Coast Guard for the average annual pay received by him for the last five years of service.

(f) Notwithstanding any other provision of law, chapter 51, subchapter III of chapter 53, and sections 5542–5546 of title 5 shall not apply to civilian keepers of lighthouses and to civilians employed on lightships and other vessels of the Coast Guard.

(g)(1) The head of the department in which the Coast Guard is operating under regulations prescribed by him, may regulate the hours of duty and the pay of civilian keepers of lighthouses and civilians employed on lightships and other vessels of the Coast Guard, but such personnel may be called upon for duty in emergency circumstances or otherwise at any time or all times. The existing system governing the pay of such employees may be continued or changed except that overtime compensation, night differential, and extra pay for duty on holidays shall not be paid to such employees. In lieu thereof additional annual compensation may be authorized, which may be prescribed either as a fixed differential or as a percentage of the basic compensation otherwise applicable to such employees. In no case shall basic compensation exceed $15,000 per annum, except that nothing contained in this subsection shall operate to decrease the basic compensation of any person employed by the Coast Guard on the date of enactment of this subsection, and in no case shall additions thereto exceed 25 percent of such basic compensation. Provision may be made for compensatory absence from duty when conditions of employment result in confinement because of isolation or in long periods of continuous duty; and provisions may likewise be made for extra allowance for service outside of the continental limits of the United States.

(2) The additional compensation authorized by this subsection shall be included in any computation of compensation under section 6 of the Act of June 20, 1918 (33 U.S.C. 763).

(Aug. 4, 1949, ch. 393, 63 Stat. 526, §432; Aug. 9, 1955, ch. 650, §§1, 2, 69 Stat. 577; Pub. L. 86–309, Sept. 21, 1959, 73 Stat. 585; Pub. L. 91–278, §1(10), June 12, 1970, 84 Stat. 305; Pub. L. 96–23, §5(a), June 13, 1979, 93 Stat. 68; Pub. L. 97–295, §2(11), (13), Oct. 12, 1982, 96 Stat. 1302; Pub. L. 98–557, §15(a)(3)(B), Oct. 30, 1984, 98 Stat. 2865; Pub. L. 99–640, §10(a)(7), Nov. 10, 1986, 100 Stat. 3549; renumbered §2531, Pub. L. 115–282, title I, §114(b), Dec. 4, 2018, 132 Stat. 4223.)

Historical and Revision Notes

The following statement appeared in Senate Report No. 656, 81st Congress, in explanation of Senate Judiciary Committee amendment no. 3 which added former sections 431 (now repealed), 432 (now 2531), and 433 (now repealed):

There are, at present, in the Coast Guard certain personnel who were transferred from the former Life Saving Service, the Lighthouse Service, the Bureau of Marine Inspection and Navigation, and the Bureau of Customs. The number of such personnel is not large and no new personnel can be taken on in these categories. As time goes on the numbers will be reduced by death or resignation and any other method of leaving the service until, eventually, there will be no one remaining in any of these groups. Certain laws appearing in existing title 14 applicable to such personnel were not included in this bill as it passed the House. The reason for such omission was that such laws were temporary in that they would eventually apply to no one, although no definite termination date was fixed in the law. While recognizing this fact, this committee feels that since said laws apply to a class of personnel and will so apply for an indeterminate period in the future, it is desirable to include such laws in this codification, subject to being repealed at such time as there are no longer any personnel in the Coast Guard, active or retired, to whom these sections would be applicable.

Proposed section 432(a) is based on title 14, U.S.C., 1946 ed., §10g (Aug. 5, 1939, ch. 477, §2, 53 Stat. 1216).

Proposed section 432(b) is based on title 14, U.S.C., 1946 ed., §10h (Aug. 5, 1939, ch. 477, §3, 53 Stat. 1216).

Proposed section 432(c) is based on title 14, U.S.C., 1946 ed., §50 (Aug. 5, 1939, ch. 477, §8, 53 Stat. 1217).

Proposed section 432(d) is based on title 14, U.S.C., 1946 ed., §180 (Aug. 5, 1939, ch. 477, §6, 53 Stat. 1217; June 24, 1948, ch. 627, 62 Stat. 644).

Proposed section 432(e) is based on title 14, U.S.C., 1946 ed., §181 (Aug. 5, 1939, ch. 477, §7, 53 Stat. 1217).

Proposed section 432(f) is based on section 1 of Public Law 143, 81st Congress, approved June 29, 1949.

Proposed section 432(g) is based on sections 2 and 3 of Public Law 143, 81st Congress, approved June 29, 1949.

References in Text

The date of enactment of this subsection, referred to in subsec. (g)(1), is Aug. 4, 1949.

Amendments

2018Pub. L. 115–282 renumbered section 432 of this title as this section.

1986—Subsec. (g). Pub. L. 99–640 designated existing provisions as par. (1), struck out last par. relating to inclusion of additional compensation in computations of compensation for purposes of the Lighthouse Service Retirement Act, and added par. (2).

1984—Subsec. (c). Pub. L. 98–557 substituted reference to enlisted members for reference to enlisted men.

1982—Subsec. (f). Pub. L. 97–295, §2(13), substituted "chapter 51, subchapter III of chapter 53, and sections 5542–5546 of title 5" for "the civil service classification laws and titles II and III of the Federal Employees Pay Act of 1945 as amended".

Subsec. (g). Pub. L. 97–295, §2(11), substituted "percent" for "per centum".

1979—Subsec. (g). Pub. L. 96–23 substituted "$15,000" for "$7,500".

1970—Subsec. (g). Pub. L. 91–278 substituted "$7,500" for "$5,100".

1959—Subsec. (g). Pub. L. 86–309 substituted "$5,100" for "$3,750".

1955—Subsec. (f). Act Aug. 9, 1955, §1, inserted "as amended".

Subsec. (g). Act Aug. 9, 1955, §2, authorized head of department in which the Coast Guard is operating to regulate hours of duty and pay.

Retroactive Pay

Pub. L. 96–23, §5(b), June 13, 1979, 93 Stat. 69, provided that: "The Coast Guard may issue retroactive pay to its remaining civilian lighthouse keepers in an amount equal to the difference between what the keeper actually received and what he would have received under the General Schedule salary rates had there not been a statutory limitation of $7,500 on his annual salary. This amount is to be calculated from the time at which his salary reached the statutory limitation to the date of enactment of this Act [June 13, 1979]."