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LegalText 10 U.S.C. § 8470a Permanent professors: retirement for years of service; authority for deferral us united_states_code code_section 10 ARMED FORCES 853 UNITED STATES NAVAL ACADEMY 8470a 10 U.S.C. § 8470a 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/s8470a data/legal/raw/us/code/title-10/usc10.xml 68096ee1abc9774507efe6dda3bed66d915e90cceb88d17068f38adf9850a927 06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1 04de95ec8c3b830de0926d2d8164f22afa39d2af910f9bcac331ae05c8bb8b07 2026-07-04 official
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10 U.S.C. § 8470a - Permanent professors: retirement for years of service; authority for deferral

Text

(a) Retirement for Years of Service.— (1) Except as provided in subsection (b), an officer of the Navy or Marine Corps serving as a permanent professor at the Naval Academy in the grade of commander or lieutenant colonel who is not on a list of officers recommended for promotion to the grade of captain or colonel, as the case may be, shall, if not earlier retired, be retired on the first day of the month after the month in which the officer completes 28 years of active commissioned service.

(2) Except as provided in subsection (b), an officer of the Navy or Marine Corps serving as a permanent professor at the Naval Academy in the grade of captain or colonel who is not on a list of officers recommended for promotion to the grade of rear admiral (lower half) or brigadier general, as the case may be, shall, if not earlier retired, be retired on the first day of the month after the month in which the officer completes 30 years of active commissioned service.

(b) Continuation on Active Duty.— (1) An officer subject to retirement under subsection (a) may have his retirement deferred and be continued on active duty by the Secretary of the Navy.

(2) Subject to section 1252 of this title, the Secretary of the Navy shall determine the period of any continuation on active duty under this section.

(c) Eligibility for Promotion.— A permanent professor at the Naval Academy in the grade of commander or lieutenant colonel who is continued on active duty as a permanent professor under subsection (b) remains eligible for consideration for promotion to the grade of captain or colonel, as the case may be.

(d) Retired Grade and Retired Pay.— Each officer retired under this section—

(1) unless otherwise entitled to a higher grade, shall be retired in the grade determined under section 1370 11 See References in Text note below. of this title; and

(2) is entitled to retired pay computed under section 8333 of this title.

(Added Pub. L. 109163, div. A, title V, § 509(b)(1), Jan. 6, 2006, 119 Stat. 3229, § 6970; renumbered § 6970a, Pub. L. 110181, div. A, title V, § 508(a)(1)(A), Jan. 28, 2008, 122 Stat. 96; renumbered § 8470a and amended Pub. L. 115232, div. A, title VIII, §§ 807(c)(1), 809(a), Aug. 13, 2018, 132 Stat. 1836, 1840.)

Notes

Editorial Notes

References in TextSection 1370 of this title, referred to in subsec. (d)(1), was repealed and new sections 1370 and 1370a of this title were enacted by Pub. L. 116283, div. A, title V, § 508(a)(1), Jan. 1, 2021, 134 Stat. 3574, 3580. In determining the retired grade of certain commissioned officers of the Armed Forces who retire after Jan. 1, 2021, any reference to section 1370 of this title in such determination with respect to such officers deemed to be a reference to section 1370a of this title, see section 508(c) of Pub. L. 116283, set out as a note under section 1370 of this title.

Amendments2018—Pub. L. 115232, § 807(c)(1), renumbered section 6970a of this title as this section. Subsec. (d)(2). Pub. L. 115232, § 809(a), substituted “section 8333” for “section 6333”. 2008—Pub. L. 110181 renumbered section 6970 of this title as this section.

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.