Officers below grade of rear admiral (lower half)
section 1251(e) of title 10Unless retired or separated earlier, each officer on the lineal list of the commissioned corps who is serving in a grade below the grade of rear admiral (lower half) shall be retired or separated (as specified in ) on the first day of the month following the month in which the officer becomes 62 years of age.
Flag officers
Notwithstanding subsection (a), the President may defer the retirement of an officer serving in a position that carries a grade above captain for such period as the President considers advisable, but such a deferment may not extend beyond the first day of the month following the month in which the officer becomes 64 years of age.
Pub. L. 107–372, title II, § 243116 Stat. 3089Pub. L. 117–263, div. K, title CXVII, § 11705(b)136 Stat. 4157(, , ; , , .)
Editorial Notes
Prior Provisions
section 853k of this titlePub. L. 107–372Provisions similar to those in this section were contained in prior to repeal by .
Amendments
Pub. L. 117–263section 1251(e) of title 102022—Subsec. (a). substituted “be retired or separated (as specified in )” for “be retired”.
Executive Documents
Delegation of Functions
section 301 of Title 3Functions of President under subsec. (b) of this section delegated to Secretary of Commerce by section 1(e) of Ex. Ord. No. 11023, , 27 F.R. 5131, as amended, set out as a note under , The President.