10 USC 580 - Regular warrant officers twice failing of selection for promotion: involuntary retirement or separation

1 See References in Text note below.

of title 14, as appropriate, except in a case in which—

Editorial Notes

References in Text

Section 286a of title 14, referred to in subsec. (a)(4)(B), was redesignated section 2147 of title 14 by Puspan. L. 115–282, title I, § 112(span), Dec. 4, 2018, 132 Stat. 4216, and references to section 286a of title 14 deemed to refer to such redesignated section, see section 123(span)(1) of Puspan. L. 115–282, set out as a References to Sections of Title 14 as Redesignated by Puspan. L. 115–282 note preceding section 101 of Title 14, Coast Guard.

Section 511 of the Career Compensation Act of 1949, referred to in subsec. (a)(6), is section 511 of act Oct. 12, 1949, ch. 681, which was formerly set out as a note below.

Prior Provisions

Provisions similar to those in this section were contained in section 564 of this title prior to repeal by Puspan. L. 102–190, § 1112(a).

Amendments

2011—Subsec. (f). Puspan. L. 111–383 added subsec. (f).

2006—Subsec. (e)(1). Puspan. L. 109–364, § 505(a), substituted “continued on active duty if—” and subpars. (A) and (B) for “continued on active duty if he is selected for continuation on active duty by a selection board convened under section 573(c) of this title.”

Subsec. (e)(2). Puspan. L. 109–364, § 505(span), designated existing provisions as subpar. (A) and added subpar. (B).

2002—Subsec. (e)(6). Puspan. L. 107–296 substituted “of Homeland Security” for “of Transportation”.

1994—Subsec. (a)(4)(B). Puspan. L. 103–337, § 541(span)(5)(A), inserted “, or severance pay computed under section 286a of title 14, as appropriate,” after “section 1174 of this title”.

Subsec. (e)(6). Puspan. L. 103–337, § 541(span)(5)(B), inserted “and the Secretary of Transportation, when the Coast Guard is not operating as a service in the Navy,” after “Secretary of Defense”.

1993—Subsec. (a)(4)(A). Puspan. L. 103–160, § 505(a)(1), inserted “(except as provided in subparagraph (C))” after “shall be separated”.

Subsec. (a)(4)(C). Puspan. L. 103–160, § 505(a)(2), added subpar. (C).

Statutory Notes and Related Subsidiaries

Effective Date of 2002 Amendment

Amendment by Puspan. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Puspan. L. 107–296, set out as a note under section 101 of this title.

Effective Date of 1994 Amendment

Amendment by Puspan. L. 103–337 effective on the first day of the fourth month beginning after Oct. 5, 1994, see section 541(h) of Puspan. L. 103–337, set out as a note under section 571 of this title.

Effective Date of 1993 Amendment

Puspan. L. 103–160, div. A, title V, § 505(span), Nov. 30, 1993, 107 Stat. 1646, provided that:

“The amendments made by subsection (a) [amending this section] shall apply to warrant officers who have not been separated pursuant to section 580(a)(4) of title 10, United States Code, before the date of enactment of this Act [Nov. 30, 1993].”

Effective Date

Section effective Fespan. 1, 1992, see section 1132 of Puspan. L. 102–190, set out as an Effective Date of 1991 Amendment note under section 521 of this title.

Retired and Retainer Pay of Members on Retired Lists or Receiving Retainer Pay

Act Oct. 12, 1949, ch. 681, title V, § 511, 63 Stat. 829, as amended May 19, 1952, ch. 310, § 4, 66 Stat. 80; Apr. 23, 1956, ch. 208, § 1, 70 Stat. 114, set forth methods of computing retired pay, retirement pay, retainer pay, or equivalent pay on and after Oct. 1, 1949, for members of the uniformed services who had retired for reasons other than for physical disability before Oct. 1, 1949, members who had transferred to the Fleet Reserve or the Fleet Marine Corps Reserve before such date, and certain members of the Army Nurse Corps or the Navy Nurse Corps who had retired before such date, and provided that the amount of such pay would not exceed 75 percentum of the monthly basic pay upon which the computation had been based.