Upon retirement, any permanent professor of the United States Air Force Academy whose grade is below brigadier general, and whose service as such a professor has been long and distinguished, may, in the discretion of the President, be retired in the grade of brigadier general.
Aug. 10, 1956, ch. 104170A Stat. 554Pub. L. 85–861, § 1(197)72 Stat. 1541Pub. L. 89–288, § 679 Stat. 1050Pub. L. 96–343, § 13(b)(1)94 Stat. 1131Pub. L. 96–513, title V, § 504(20)94 Stat. 2917Pub. L. 104–106, div. A, title V, § 502(c)110 Stat. 293Pub. L. 115–232, div. A, title VIII, § 806(b)(14)132 Stat. 1833(, , § 8962; , , ; , , ; , (2), , ; , , ; , (d)(1), , ; renumbered § 9342, , , .)
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Historical and Revision Notes |
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1956 Act |
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Revised section | Source (U.S. Code) | Source (Statutes at Large) |
8962(a)
8962(b)
8962(c) | 10:506b(d) (less 1st and last provisos). 5:627b(h) (1st 42 words of 3d proviso). 10:1079a(b) (less proviso). | Aug. 7, 1947, ch. 512, §§ 504(d) (less 1st and last provisos), 520(b) (less proviso), 61 Stat. 888, 912. June 12, 1948, ch. 449, § 303(h) (1st 42 words of 3d proviso), 62 Stat. 372. |
section 8066 of this titleIn subsection (a), the words “who has served (1) as Chief of Staff to the President, (2) as Chief of Staff of the Air Force, (3) as a senior member of the Military Staff Committee of the United Nations, or (4) in a position of importance and responsibility designated by the President to carry the grade of general or lieutenant general under ” are substituted for the words “while serving in accordance with the provisions of subsection (b) or (c) of this section”.
section 8071 of this titleIn subsection (b), the words “in that grade” are substituted for the words “in such higher temporary grade”. The words “under ” are inserted for clarity.
section 9335 of this titleIn subsection (c), the words “Upon retirement” are substituted for the words “When * * * is retired”. The word “allowances” is omitted, since retired officers are not entitled to allowances. The words “grade is below brigadier general” are inserted, since any permanent professor who has the grade of brigadier general retires in that grade under .
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1958 Act |
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Revised section | Source (U.S. Code) | Source (Statutes at Large) |
8962 | [No source]. | [No source]. |
section 1 of the Act of May 31, 1956, ch. 34870 Stat. 222section 8963 of this titleThe amendment reflects (), which in effect amended to cover regular and reserve officers covered by section 8962(b). As to temporary officers, section 8962(b) is obsolete. (See opinion of the Judge Advocate General of the Air Force, .)
Editorial Notes
Prior Provisions
section 9442 of this titleA prior section 9342 was renumbered .
Amendments
Pub. L. 115–232section 8962 of this title2018— renumbered as this section.
Pub. L. 104–1061996— designated subsec. (b) as entire section and struck out subsec. (a) which read as follows: “Upon retirement, a commissioned officer of the Air Force who has served (1) as Chief of Staff to the President, (2) as Chief of Staff of the Air Force, (3) as a senior member of the Military Staff Committee of the United Nations, or (4) as Surgeon General of the Air Force in the grade of lieutenant general may, in the discretion of the President, be retired, by and with the advice and consent of the Senate, in the highest grade in which he served on active duty.”
Pub. L. 96–343, § 13(b)(2)1980—, substituted “positions” for “positions: regular commissioned officers” in section catchline.
Pub. L. 96–513section 8066 of this titleSubsec. (a). substituted “or (4)” for “(4) in a position of importance and responsibility designated by the President to carry the grade of general or lieutenant general under , or (5)”.
Pub. L. 96–343, § 13(b)(1), substituted “Air Force who has” for “Regular Air Force who has” and “in which he served on active duty” for “held by him at any time on the active list”.
Pub. L. 89–2881965—Subsec. (a). added the Surgeon General of the Air Force to the list of commissioned officers who may, in the discretion of the President, be retired, by and with the advice and consent of the Senate, in the highest grade held by him at any time on the active list.
Pub. L. 85–861section 8071 of this title1958—Subsecs. (b), (c). redesignated subsec. (c) as (b), and struck out former subsec. (b) which related to retirement grade of a woman Air Force officer who served at least two and one-half years on active duty in the temporary grade of colonel in the Air Force under .
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Pub. L. 115–232section 800 of Pub. L. 115–232section 3001 of this titleAmendment by effective , with provision for the coordination of amendments and special rule for certain redesignations, see , set out as a note preceding .
Effective Date of 1980 Amendment
Pub. L. 96–513section 701 of Pub. L. 96–513section 101 of this titleAmendment by effective , see , set out as a note under .
Appointment by President of Retired Commissioned Officer of Reserve Component to Higher Retired Grade; Recalculation of Pay
section 13(c) of Pub. L. 96–343section 7342 of this titleFor authority of the President to appoint a retired commissioned officer of a reserve component to a higher retired grade and for recalculation of pay, see , set out as a note under .
Retired Grade for Certain General Officers
section 7342 of this titleExtension of privilege granted by subsec. (a) of this section, to officers, heretofore or hereafter retired, who served in the grade of general or lieutenant general after , and before , see section 38 of act , set out as a note under .