§ 46. — Retirement of Commandant.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 14USC46]
TITLE 14--COAST GUARD
PART I--REGULAR COAST GUARD
CHAPTER 3--COMPOSITION AND ORGANIZATION
Sec. 46. Retirement of Commandant
(a) A Commandant who is not reappointed shall be retired with the
grade of admiral at the expiration of the appointed term, except as
provided in subsection \1\ 51(d) of this title.
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\1\ So in original. Probably should be ``section''.
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(b) A Commandant who is retired for physical disability shall be
placed on the retired list with the grade of admiral.
(c) An officer who is retired prior to the expiration of his term,
while serving as Commandant, may, in the discretion of the President, be
retired with the grade of admiral.
(Aug. 4, 1949, ch. 393, 63 Stat. 499; Pub. L. 86-474, Sec. 1(5), May 14,
1960, 74 Stat. 144; Pub. L. 88-130, Sec. 1(4), Sept. 24, 1963, 77 Stat.
175; Pub. L. 89-444, Sec. 1(4), (5), June 9, 1966, 80 Stat. 195; Pub. L.
97-295, Sec. 2(1), Oct. 12, 1982, 96 Stat. 1301; Pub. L. 99-348, title
II, Sec. 205(b)(1), July 1, 1986, 100 Stat. 699; Pub. L. 103-206, title
II, Sec. 204(a), Dec. 20, 1993, 107 Stat. 2421.)
Historical and Revision Notes
Based on title 14, U.S.C., 1946 ed., Sec. 161 (Jan. 12, 1923, ch.
25, Sec. 2, 42 Stat. 1130; June 25, 1936, ch. 808, 49 Stat. 1924; June
9, 1937, ch. 309, Sec. 1, 50 Stat. 252; June 6, 1940, ch. 257,
Sec. 1(a), 54 Stat. 246).
Provision is added for retirement of the Commandant with the grade
and pay of vice admiral after 3 years service, in the discretion of the
President, regardless of total length of service. Provision is also
added for retirement with the grade and pay of vice admiral in case of
physical disability. 81st Congress, House Report No. 557.
Amendments
1993--Subsec. (a). Pub. L. 103-206 amended subsec. (a) generally.
Prior to amendment, subsec. (a) read as follows: ``Any Commandant who is
not reappointed shall, at the expiration of his term, be retired with
the grade of admiral.''
1986--Pub. L. 99-348 struck out ``and retired pay computed at the
highest rates of basic pay applicable to him while he served as
Commandant'' after ``admiral'' in subsecs. (a) to (c).
1982--Subsec. (a). Pub. L. 97-295 substituted ``Commandant'' for
``commandant''.
1966--Subsec. (c). Pub. L. 89-444, Sec. 1(4), removed requirement
that the Commandant serve 2\1/2\ years as Commandant before being
eligible for retirement with the grade of admiral and retired pay
computed at the highest rates of basic pay applicable to him while he
served as Commandant.
Subsec. (d). Pub. L. 89-444, Sec. 1(5), repealed subsec. (d) which
provided that a Commandant who retired within 2\1/2\ years of the date
of his original appointment as Commandant would retire in his permanent
grade and with the retired pay of that grade.
1963--Subsecs. (a) to (c). Pub. L. 88-130 substituted ``of admiral
and retired pay computed at the highest rates of basic pay applicable to
him while he served as Commandant'' for ``and retired pay of admiral''.
1960--Pub. L. 86-474 authorized any Commandant who is not
reappointed at the expiration of his term to be retired with the grade
and retired pay of admiral, directed placement on the retired list with
the grade and retired pay of admiral for a Commandant who is retired for
physical disability, reduced from three to two and one-half years the
period that the Commandant must serve before he may voluntarily apply
retirement without regard to total length of service, and provided that
any Commandant who retires within two and one-half years of the date of
his original appointment as Commandant shall retire in his permanent
grade and with the retired pay of that grade.
