§ 763. — Retirement for age of officers and employees generally; retirement pay; waiver of retirement pay.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC763]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 16--LIGHTHOUSES
Sec. 763. Retirement for age of officers and employees
generally; retirement pay; waiver of retirement pay
All officers and employees engaged in the field service or on
vessels of the Lighthouse Service, except persons continuously employed
in district offices or shop, who (1) shall have reached the age of
fifty-five years, after having been thirty years in the active service
of the Government, (2) shall have reached the age of sixty-two years,
after having been twenty-five years in the active service of the
Government, or (3) are involuntarily separated from further performance
of duty, except by removal for cause on charges of misconduct or
delinquency, after completing twenty-five years in the active service of
the Government, or after completing twenty years of such service and
after reaching the age of fifty years, may at their option be retired
from further performance of duty; and all such officers and employees
who shall have reached the age of seventy years shall be compulsorily
retired from further performance of duty: Provided, That the annual
compensation of persons so retired shall be a sum equal to one-fortieth
of the average annual pay received for the last three years of service
for each year of active service in the Lighthouse Service, or in a
department or branch of the Government having a retirement system, not
to exceed in any case thirty-fortieths of such average annual pay
received: Provided further, That the retirement pay computed under the
preceding proviso for any such officer or employee retiring under clause
(3) shall be reduced by one-sixth of 1 per centum for each full month
the officer or employee is under fifty-five years of age at the date of
retirement: Provided further, That such retirement pay shall not include
any amount on account of subsistence or other allowance: Provided
further, That the retirement provisions and pay shall not apply to
persons in the field service of the Lighthouse Service whose duties do
not require substantially all their time. Any person entitled to
retirement pay under this section may decline to accept all or any part
of such retirement pay by a waiver signed and filed with the Secretary
of the Treasury. Such waiver may be revoked in writing at any time, but
no payment of the retirement pay waived shall be made covering the
period during which such waiver was in effect.
(June 20, 1918, ch. 103, Sec. 6, 40 Stat. 608; Nov. 4, 1918, ch. 201,
Sec. 1, 40 Stat. 1036; June 21, 1955, ch. 170, Sec. 1, 69 Stat. 166;
Pub. L. 85-142, Aug. 14, 1957, 71 Stat. 365; Pub. L. 90-164, Sec. 1,
Nov. 29, 1967, 81 Stat. 519; Pub. L. 92-455, Sec. 6(a), Oct. 2, 1972, 86
Stat. 761.)
Codification
Except for the last proviso this section was from act June 20, 1918.
The last proviso was from act Nov. 4, 1918, the First Deficiency
Appropriation Act, 1919.
Amendments
1972--Pub. L. 92-455 inserted cl. (3), substituted ``three'' for
``five'' years of service in first proviso, and inserted proviso for
reduction of retirement pay computed under cl. (3) by one-sixth of 1 per
centum for each full month the officer or employee is under fifty-five
years of age at the date of retirement.
1967--Pub. L. 90-164 lowered voluntary retirement age from sixty to
fifty-five years for those officers and employees having thirty years of
active service.
1957--Pub. L. 85-142 inserted provisions allowing waiver of
retirement pay.
1955--Act June 21, 1955, permitted retirement of officers and
employees who have attained 60 years of age and have served for 30
years, or who have reached 62 years of age and have served for 25 years.
Effective Date of 1972 Amendment
Section 6(b) of Pub. L. 92-455 provided that: ``The amendments made
by subsection (a) of this section [amending this section] shall apply
with respect to officers and employees to which such section 6 [amending
this section] applies who are involuntarily separated or retired on or
after the date of the enactment of this Act [Oct. 2, 1972].''
Effective Date of 1967 Amendment
Section 2 of Pub. L. 90-164 provided that: ``The amendment made by
this Act [amending this section] shall take effect on the first day of
the second month which begins after the date of enactment of this Act
[Nov. 29, 1967].''
Effective Date of 1955 Amendment
Section 2 of act June 21, 1955, provided that: ``This Act [amending
this section] shall take effect on the first day of the second month
beginning after the date of enactment of this Act [June 21, 1955].''
Transfer of Functions
Bureau of Lighthouses, of which Lighthouse Service was a part,
transferred and consolidated with Coast Guard by Reorg. Plan No. II of
1939, Sec. 2(a), eff July 1, 1939, 4 F.R. 2731, 53 Stat. 1432, set out
in the Appendix to Title 5, Government Organization and Employees.
For transfer of functions of other officers, employees, and agencies
of Department of the Treasury, with certain exceptions, to Secretary of
the Treasury with power to delegate, see Reorg. Plan No. 26 of 1950,
Secs. 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, 1281, set
out in the Appendix to Title 5. Functions of Coast Guard, and Commandant
of Coast Guard, were excepted from transfer when Coast Guard is
operating as part of Navy under sections 1 and 3 of Title 14, Coast
Guard.
Coast Guard transferred to Department of Transportation, and all
functions, powers, and duties relating to Coast Guard of Secretary of
the Treasury and of other officers and offices of Department of the
Treasury transferred to Secretary of Transportation by Pub. L. 89-670,
Sec. 6(b)(1), Oct. 15, 1966, 80 Stat. 938. Section 6(b)(2) of Pub. L.
89-670, however, provided that notwithstanding such transfer of
functions, Coast Guard shall operate as part of Navy in time of war or
when President directs as provided in section 3 of Title 14. See section
108 of Title 49, Transportation.
For transfer of authorities, functions, personnel, and assets of the
Coast Guard, including the authorities and functions of the Secretary of
Transportation relating thereto, to the Department of Homeland Security,
and for treatment of related references, see sections 468(b), 551(d),
552(d), and 557 of Title 6, Domestic Security, and the Department of
Homeland Security Reorganization Plan of November 25, 2002, as modified,
set out as a note under section 542 of Title 6.
Increase of Pay of Persons Retired On or Before October 1, 1972
Pub. L. 94-178, Dec. 23, 1975, 89 Stat. 1033, provided: ``That the
annual rate of retired pay received by a person under section 6 of the
Act of June 20, 1918, as amended and supplemented (33 U.S.C. 736-765),
who was retired on or before October 1, 1972, shall, effective on the
first day of the calendar month following enactment of this Act [Dec.
23, 1975], be increased by $270.''
Increase of Pay of Persons Retired Prior to 1967
Pub. L. 90-165, Nov. 29, 1967, 81 Stat. 519, provided: ``That
effective on the first day of the first month which begins after the
date of enactment of this Act [Nov. 29, 1967], the annual rate of
retired pay of a person retired under section 6 of the Act of June 20,
1918 (33 U.S.C. 763), shall be increased by 11.3 per centum if such
person retired prior to January 1, 1966, or by 4.1 per centum if such
person retired after December 31, 1965, but before January 1, 1967.''
Increase of Pay of Persons Retired Prior to 1963
Pub. L. 89-201, Sept. 25, 1965, 79 Stat. 834, provided: ``That the
annual rate of retired pay of each person retired prior to January 1,
1963, under section 6 of the Act of June 20, 1918, as amended and
supplemented [this section], shall be increased by 6.5 per centum,
effective on the first day of the first calendar month following the
date of enactment of this Act [Sept. 25, 1965].''
Increase of Pay of Persons Retired Prior to 1958
Pub. L. 86-361, Sept. 22, 1959, 73 Stat. 643, provided: ``That the
annual rate of retired pay of each person retired prior to January 1,
1958, under section 6 of the Act of June 20, 1918, as amended and
supplemented [this section], shall be increased, effective on the first
day of the first calendar month following the date of enactment of this
Act [Sept. 22, 1959], by 10 per centum, or $150 per annum, whichever is
the greater.''
Increase of Pay of Persons Retired Prior to 1953
Act Aug. 27, 1954, ch. 1010, 68 Stat. 878, as amended May 11, 1955,
ch. 36, 69 Stat. 47, provided: ``That the annual rate of retired pay
received by any person who was retired on or before June 30, 1953, under
section 6 of the Act of June 20, 1918, as amended and supplemented
(section 763 of this title), shall be increased, effective on the first
day of the calendar month following enactment of this Act, by 15 per
centum of $264, whichever is the lesser: Provided, That no retired pay
shall be increased to an amount in excess of $2,160 by reason of this
Act.''
Cost-of-Living Adjustment to Retiree's Annuity
Adjustment of annuities of retired officers and employees based on
cost-of-living increases, see section 2 of Pub. L. 90-163, Nov. 29,
1967, 81 Stat. 518, set out as a note under section 771 of this title.
Section Referred to in Other Sections
This section is referred to in sections 763-1, 763-2, 763a-1, 765,
766, 771 of this title; title 14 section 432; title 42 section 253b.
