
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 14USC421]

 
                          TITLE 14--COAST GUARD
 
                       PART I--REGULAR COAST GUARD
 
                          CHAPTER 11--PERSONNEL
 
                           GENERAL PROVISIONS
 
Sec. 421. Retirement

    (a) Every commissioned officer, warrant officer, or enlisted member 
who is retired under any provisions of this title shall be retired with 
the permanent grade or rate held at the time of retirement, unless 
entitled to retire with a higher grade or rate under any provision of 
this title or any other law.
    (b) Where an officer is entitled, under any provision of law, to 
retire with one grade higher than the grade in which serving at the time 
of retirement, the next higher grade in the case of captain shall be 
rear admiral (lower half), and the next higher grade in the case of 
commissioned warrant officer shall be lieutenant (junior grade).

(Aug. 4, 1949, ch. 393, 63 Stat. 524; Pub. L. 97-417, Sec. 2(10), Jan. 
4, 1983, 96 Stat. 2086; Pub. L. 98-557, Sec. 15(a)(3)(A), Oct. 30, 1984, 
98 Stat. 2865; Pub. L. 99-145, title V, Sec. 514(c)(1), Nov. 8, 1985, 99 
Stat. 629; Pub. L. 99-348, title II, Sec. 205(b)(10), July 1, 1986, 100 
Stat. 700.)


                      Historical and Revision Notes

    Subsection (a) is new in this form, but the provision contained 
therein is expressed or implied in numerous statutes relating to the 
retirement of military personnel.
    A provision defining the next higher grade to that of commissioned 
warrant officer as lieutenant (junior grade), for purposes of 
retirement, was added.
    The other provisions of said section are obsolete and are no longer 
needed.
    Subsection (a) is new, but the provision contained in it is 
expressed or implied in numerous statutes relating to retirement of 
military personnel. It is believed desirable to include such a provision 
to prevent any misconstruction of retirement statutes, even though no 
change in existing law is intended on the point covered, either by other 
sections dealing with retirement or by this section.
    Subsection (b) is a codification of the only provision of title 14, 
U.S.C., 1946 ed., Sec. 174, that it is desired to retain, and in 
addition designated the next higher grade for commissioned warrant 
officers as lieutenant (junior grade) because the pay of the 
commissioned warrant officers is the same as for the grade of lieutenant 
(junior grade) and advancing such officers to the grade of ensign would 
in some aspects not appear to be a promotion. 81st Congress, House 
Report No. 557.


                               Amendments

    1986--Subsec. (a). Pub. L. 99-348 substituted ``rate'' for 
``rating'' in two places.
    1985--Subsec. (b). Pub. L. 99-145 substituted ``rear admiral (lower 
half)'' for ``commodore''.
    1984--Subsec. (a). Pub. L. 98-557 substituted reference to enlisted 
member for reference to enlisted man.
    1983--Subsec. (b). Pub. L. 97-417 substituted ``commodore'' for 
``rear admiral''.
