§ 202. — Pay grades: retired Coast Guard rear admirals (lower half).
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 37USC202]
TITLE 37--PAY AND ALLOWANCES OF THE UNIFORMED SERVICES
CHAPTER 3--BASIC PAY
Sec. 202. Pay grades: retired Coast Guard rear admirals (lower
half)
An officer of the Coast Guard holding a permanent appointment in the
grade of rear admiral (lower half) on the retired list, and who in time
of war or national emergency has served satisfactorily on active duty
for two years in that grade or in a higher grade, is entitled when on
active duty to the basic pay of a rear admiral.
(Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 454; Pub. L. 89-718, Sec. 50,
Nov. 2, 1966, 80 Stat. 1121; Pub. L. 90-130, Sec. 3(1), Nov. 8, 1967, 81
Stat. 383; Pub. L. 90-179, Sec. 7, Dec. 8, 1967, 81 Stat. 548; Pub. L.
90-623, Sec. 3(2), Oct. 22, 1968, 82 Stat. 1314; Pub. L. 92-451, Sec. 2,
Oct. 2, 1972, 86 Stat. 757; Pub. L. 96-342, title X, Sec. 1004(a), Sept.
8, 1980, 94 Stat. 1120; Pub. L. 96-513, title IV, Sec. 401, Dec. 12,
1980, 94 Stat. 2904; Pub. L. 97-417, Sec. 3(a), Jan. 4, 1983, 96 Stat.
2087; Pub. L. 98-557, Sec. 25(b)(2)(A), Oct. 30, 1984, 98 Stat. 2872;
Pub. L. 99-145, title V, Sec. 514(d)(2)(A), (B), Nov. 8, 1985, 99 Stat.
629.)
Historical and Revision Notes
----------------------------------------------------------------------------------------------------------------
Revised section Source (U.S. Code) Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
202(a)................................ 10:5507(a). [None.]
202(b)................................ 10:5507(b). [None.]
202(c)................................ 10:5507(c). [None.]
202(d)................................ 10:5507(d). [None.]
14:462a (less applicability to [None.]
retired pay).
202(e)................................ 10:5507(e). [None.]
202(f)................................ 14:462. [None.]
202(g)................................ 10:5133(a) (last 13 words of last [None.]
sentence).
202(h)................................ 10:5064(b) (the words, ``pay, [None.]
allowances,'').
10:5111(b) (the words ``pay, [None.]
allowances, and'').
10:5133(a) (last 20 words of 1st [None.]
sentence).
10:5138(b) (the words ``pay, [None.]
allowances, and'').
10:5142 (last sentence). [None.]
10:5145(c) (last 12 words). [None.]
10:5148(b) (the words ``pay, [None.]
allowances,'').
10:5150(c) (the words, ``pay, [None.]
allowances,'').
202(i)................................ 10:5064(c) (last sentence). [None.]
10:5134. [None.]
10:5149(a) (last sentence). [None.]
10:5150(d) (last sentence). [None.]
10:5202(a) (last sentence). [None.]
202(j)................................ 10:5062. [None.]
----------------------------------------------------------------------------------------------------------------
In subsections (a)-(j), the words ``and allowances'' are omitted as
surplusage, since, under chapter 7 of this revised title, entitlement to
allowances is based upon entitlement to basic pay.
In subsection (f), the words ``provided by law'', ``this or any
other'', and ``for any reason'' are omitted as surplusage.
In subsection (g), the words ``Judge Advocate General of the Navy''
are inserted to reflect section 5148 of title 10.
In subsection (i), the last 12 words of section 5145(c) of title 10
are omitted as covered by section 5134 of title 10.
Amendments
1985--Pub. L. 99-145 substituted ``Pay grades: retired Coast Guard
rear admirals (lower half)'' for ``Pay grade: retired Coast Guard
commodores'' in section catchline, and substituted ``rear admiral (lower
half)'' for ``commodore'' in text.
1984--Pub. L. 98-557 substituted ``Pay grade: retired Coast Guard
commodores'' for ``Pay grades: commodores, retired list'' in section
catchline.
1983--Pub. L. 97-417 substituted provision relating to the
entitlement of retired list Coast Guard commodores to the basic pay of a
retired rear admiral after two years emergency or wartime duty, for
former subsecs. (a) and (b), which, respectively, related to the
entitlement of retired Coast Guard rear admirals (otherwise entitled to
the basic pay of retired list rear admirals) to the basic pay of an
upper half rear admiral after two years emergency or wartime active
duty, and provided that the number of active list Coast Guard rear
admirals entitled to upper half pay be half the difference between the
number of active list officers above captain and the number of officers
serving above rear admiral, an odd number result to be placed in the
upper half, and no officer entitled to rear admiral pay to have it
reduced solely because of a reduction in the number of rear admirals.
1980--Pub. L. 96-513, Sec. 401(b), substituted ``(upper half) of the
Coast Guard'' for ``of upper half; officers holding certain positions in
the Navy'' in section catchline.
Subsec. (a). Pub. L. 96-513, Sec. 401(a)(1), (2), redesignated
subsec. (e) as (a) and struck out applicability to the Navy. Former
subsec. (a), relating to entitlement of an officer not restricted in the
performance of his duties in the Navy, was struck out.
Subsec. (b). Pub. L. 96-513, Sec. 401(a)(1), (3), redesignated
subsec. (f) as (b). Former subsec. (b), relating to entitlement of an
officer restricted in the performance of his duties in the Navy, was
struck out.
Subsec. (c). Pub. L. 96-513, Sec. 401(a)(1), struck out subsec. (c)
which related to entitlement of an officer in a staff corps in the Navy.
Subsec. (d). Pub. L. 96-513, Sec. 401(a)(1), struck out subsec. (d)
which related to entitlement of an officer of the Naval Reserve.
Subsec. (e). Pub. L. 96-513, Sec. 401(a)(2), redesignated subsec.
(e) as (a).
Subsec. (f). Pub. L. 96-513, Sec. 401(a)(3), redesignated subsec.
(f) as (b).
Subsec. (g). Pub. L. 96-513, Sec. 401(a)(4), struck out subsec. (g)
which related to entitlement of an officer of the Marine Corps.
Subsec. (h). Pub. L. 96-513, Sec. 401(a)(4), struck out subsec. (h)
which related to entitlement of specific officers of the naval service.
Subsec. (i). Pub. L. 96-513, Sec. 401(a)(4), struck out subsec. (i)
which related to entitlement of additional specific officers of the
naval service.
Subsec. (j). Pub. L. 96-513, Sec. 401(a)(4), struck out subsec. (j)
which related to entitlement of officer of the Navy serving as Deputy
Comptroller of the Navy.
Subsec. (k). Pub. L. 96-513, Sec. 401(a)(4), struck out subsec. (k)
which related to pay of a woman officer when initially appointed as a
rear admiral and while serving as a rear admiral under such appointment
or a subsequent appointment.
Pub. L. 96-342 substituted provisions respecting pay when initially
appointed as a rear admiral and while serving as a rear admiral under
such appointment or a subsequent appointment for provisions respecting
pay while serving under an appointment under section 5767(c) of title
10.
Subsec. (l). Pub. L. 96-513, Sec. 401(a)(4), struck out subsec. (l)
which related to entitlement of an officer of the Navy or Marine Corps
serving as Assistant Judge Advocate General of the Navy.
1972--Subsec. (f). Pub. L. 92-451 struck out ``Except for those
whose basic pay is otherwise specifically authorized by law,'' and
substituted ``in grades above captain, less the number of officers
serving in grades above rear admiral'', for ``in that grade'' in first
sentence.
1968--Subsec. (l). Pub. L. 90-623 redesignated as subsec. (l) the
subsection relating to basic pay of the Assistant Judge Advocate General
of the Navy, formerly designated as subsec. (k).
1967--Subsec. (g). Pub. L. 90-179, Sec. 7(1), inserted ``or as
Deputy Judge Advocate General of the Navy,''.
Subsecs. (h)(7), (8). Pub. L. 90-179, Sec. 7(2)(B), (C), added par.
(7) and renumbered former par. (7) as par. (8).
Subsec. (i). Pub. L. 90-179, Sec. 7(3), struck out par. (3) which
referred to an officer detailed as Assistant Judge Advocate of the Navy
and renumbered pars. (4) and (5) as pars. (3) and (4), respectively.
Subsec. (k). Pub. L. 90-179, Sec. 7(4), added subsec. (k) relating
to officer of the Navy or Marine Corps serving as Assistant Judge
Advocate General of the Navy.
Pub. L. 90-130 added subsec. (k) relating to a woman officer
appointed under section 5767(c) of title 10.
1966--Subsec. (g). Pub. L. 89-718, Sec. 50(1), struck out reference
to service as Chief of the Bureau of Naval Weapons.
Subsec. (h). Pub. L. 89-718, Sec. 50(2), struck out par. (2)
relating to Chief of Naval Materiel.
Effective Date of 1980 Amendments
Amendment by Pub. L. 96-513 effective Sept. 15, 1981, but the
authority to prescribe regulations under the amendment by Pub. L. 96-513
effective on Dec. 12, 1980, see section 701 of Pub. L. 96-513, set out
as a note under section 101 of Title 10, Armed Forces.
Section 1004(b) of Pub. L. 96-342 provided that: ``The amendment
made by subsection (a) [amending this section] shall apply with respect
to basic pay payable for periods beginning on or after the date of the
enactment of this Act [Sept 8, 1980].''
Effective Date of 1972 Amendment
Amendment by Pub. L. 92-451 effective Oct. 2, 1972, except that
continuation boards may not be held until one year thereafter, see
section 3 of Pub. L. 92-451, set out as a note under section 290 of
Title 14, Coast Guard.
Effective Date of 1968 Amendment
Amendment by Pub. L. 90-623 intended to restate without substantive
change of law in effect on Oct. 22, 1968, see section 6 of Pub. L. 90-
623, set out as a note under section 5334 of Title 5, Government
Organization and Employees.
Transfer of Functions
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.
Transition Provisions Under Defense Officer Personnel Management Act
For provisions to prevent extinction or premature termination of
rights, duties, penalties, or proceedings that existed or were begun
prior to the effective date of Pub. L. 96-513, and otherwise to allow
for an orderly transition to the system of officer personnel management
put in place under Pub. L. 96-513, see section 601 et seq. of Pub. L.
96-513, set out as a note under section 611 of Title 10, Armed Forces.
