§ 763a-1. — Retirement, exceptions for age and period of service.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC763a-1]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 16--LIGHTHOUSES
Sec. 763a-1. Retirement, exceptions for age and period of
service
Any officer or employee of the Lighthouse Service who, on June 30,
1939, meets the requirements (except those relating to age and period of
service) of section 763 of this title, as amended or supplemented, and
who shall (1) reach the age of sixty-four years prior to July 1, 1940,
or (2) be the occupant of an office or position abolished prior to July
1, 1940, may in the discretion of the head of his executive department
be retired with annual compensation as provided in said section:
Provided, however, That no such officer or employee shall be retired
hereunder unless he shall have been in the service of the Government not
less than thirty years at the time of retirement. Any officer or
employee to whom this section applies who is not retired hereunder prior
to reaching the age of sixty-five years shall, upon reaching such age,
become eligible for retirement in accordance with the provisions of said
section 763 of this title, and may not be retired under the provisions
of this section. Nothing contained in this section shall be construed to
affect the application of said section to any officer or employee of the
Lighthouse Service to whom this section does not apply.
(Aug. 10, 1939, ch. 642, 53 Stat. 1343.)
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.