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LegalText 10 U.S.C. § 8371 Mandatory retirement: Superintendent of the United States Naval Academy; waiver authority us united_states_code code_section 10 ARMED FORCES 843 INVOLUNTARY RETIREMENT, SEPARATION, AND FURLOUGH 8371 10 U.S.C. § 8371 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip /us/usc/t10/s8371 data/legal/raw/us/code/title-10/usc10.xml 80e93b30a3d7dfb376952adfc3fc32fcacd30947621b514e00c18511d9eb6559 06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1 7a990dcae8381650bf2030ca53241eee1aae6ead2a47d6f420d4c510b31ad275 2026-07-04 official
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10 U.S.C. § 8371 - Mandatory retirement: Superintendent of the United States Naval Academy; waiver authority

Text

(a) Mandatory Retirement.— Upon the termination of the detail of an officer to the position of Superintendent of the United States Naval Academy, the Secretary of the Navy shall retire the officer under any provision of chapter 841 of this title under which the officer is eligible to retire.

(b) Waiver Authority.— The Secretary of Defense may waive the requirement in subsection (a) for good cause. In each case in which such a waiver is granted for an officer, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a written notification of the waiver, with a statement of the reasons supporting the decision that the officer not retire, and a written notification of the intent of the President to nominate the officer for reassignment. In the event a waiver under this subsection is granted, the subsequent nomination and appointment of such officer having served as Superintendent of the Academy to a further assignment in lieu of retirement shall be subject to the advice and consent of the Senate.

(Added Pub. L. 10665, div. A, title V, § 532(a)(2)(A), Oct. 5, 1999, 113 Stat. 603, § 6371; amended Pub. L. 108375, div. A, title V, § 541(a)(2), (c)(2)(A), Oct. 28, 2004, 118 Stat. 1902, 1904; renumbered § 8371 and amended Pub. L. 115232, div. A, title VIII, §§ 807(b)(16), 809(a), Aug. 13, 2018, 132 Stat. 1836, 1840; Pub. L. 117263, div. A, title V, § 509(b), Dec. 23, 2022, 136 Stat. 2560.)

Notes

Editorial Notes

Prior ProvisionsA prior section 8371, added Pub. L. 85861, § 1(178)(C), Sept. 2, 1958, 72 Stat. 1527, related to promotion of officers to grade of colonel to fill vacancies in Air Force Reserve, prior to repeal by Pub. L. 103337, div. A, title XVI, § 1629(c)(1), Oct. 5, 1994, 108 Stat. 2963, effective Oct. 1, 1996. See section 14301 et seq. of this title.

Amendments2022—Subsec. (b). Pub. L. 117263 inserted at end “In the event a waiver under this subsection is granted, the subsequent nomination and appointment of such officer having served as Superintendent of the Academy to a further assignment in lieu of retirement shall be subject to the advice and consent of the Senate.” 2018—Pub. L. 115232, § 807(b)(16), renumbered section 6371 of this title as this section. Subsec. (a). Pub. L. 115232, § 809(a), substituted “chapter 841” for “chapter 571”. 2004—Pub. L. 108375 inserted “; waiver authority” after “Academy” in section catchline, designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).

Statutory Notes and Related Subsidiaries

Effective Date of 2018 AmendmentAmendment by Pub. L. 115232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115232, set out as a note preceding section 3001 of this title.

Application of Section to Superintendents Serving on October 5, 1999Section not applicable to an officer serving on Oct. 5, 1999, in the position of Superintendent of the United States Military Academy, Naval Academy, or Air Force Academy for so long as that officer continues on and after that date to serve in that position without a break in service, see section 532(a)(5) of Pub. L. 10665, set out as a note under section 7321 of this title.