
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: 14USC432]

 
                          TITLE 14--COAST GUARD
 
                       PART I--REGULAR COAST GUARD
 
                          CHAPTER 11--PERSONNEL
 
                           SPECIAL PROVISIONS
 
Sec. 432. Personnel of former Lighthouse Service

    (a) Any person of the former Lighthouse Service commissioned as an 
officer in the Coast Guard shall be an extra number in his grade and in 
the grades to which he may be promoted. He shall take precedence (1) 
with other officers commissioned in his grade from the former Lighthouse 
Service as the Secretary of the Treasury may determine, and (2) with 
other line officers in his grade in accordance with the respective dates 
of their commissions in such grade. He shall be eligible for promotion, 
if otherwise qualified, at such time as the officer in a regular number 
in line of promotion next above him on the seniority list becomes 
eligible for promotion; or if there be no such officer in his grade, he 
shall be eligible for promotion, if otherwise qualified, when a vacancy 
occurs in the next higher grade. An officer so commissioned shall be 
assigned to duty for which he is specially qualified, and professional 
examinations for promotion given to such officer shall embrace only 
subjects which pertain to the duty to which he is assigned.
    (b) Each vacancy (1) hereafter occurring in the extra numbers of 
such officers; (2) existing on August 5, 1939, in positions in the 
Lighthouse Service formerly held by personnel eligible for such 
commissions; and (3) created by the retirement, resignation, death, or 
separation from the service for any other cause, of such personnel who 
do not possess the qualifications prescribed by the Secretary of the 
Treasury or who, being qualified, do not accept a commission thereunder, 
shall operate to increase by one the total authorized number of line 
officers of the Coast Guard.
    (c) All persons of the former Lighthouse Service commissioned, 
appointed, or enlisted in the Coast Guard shall be subject to all laws 
and regulations for the government of the Coast Guard, and nothing 
contained in this title shall be construed to prevent the application to 
any of such persons of laws and regulations concerning the military 
discipline of commissioned and warrant officers and enlisted members of 
the Coast Guard.
    (d) In computing length of service, for the purpose of retirement in 
the Coast Guard, of any person of the former Lighthouse Service 
commissioned, appointed, or enlisted in the Coast Guard, there shall be 
included all service computable for retirement under the provisions of 
section 763 of title 33; and after July 1, 1948, in computing longevity 
for the purpose of pay of such person there shall be included all 
service of such person in the Lighthouse Service.
    (e) No person so commissioned, appointed, or enlisted in the Coast 
Guard shall suffer any reduction in the total of the annual compensation 
and allowances which he was receiving on the date of his commission, 
appointment, or enlistment. Upon his retirement from active duty in the 
Coast Guard, the retired pay of any person so commissioned, appointed, 
or enlisted, shall not be less than an annuity computed in accordance 
with the provisions of section 763 of title 33, substituting, however, 
for purposes of such computation, the annual compensation which he was 
receiving on the date of his commission, appointment, or enlistment in 
the Coast Guard for the average annual pay received by him for the last 
five years of service.
    (f) Notwithstanding any other provision of law, chapter 51, 
subchapter III of chapter 53, and sections 5542-5546 of title 5 shall 
not apply to civilian keepers of lighthouses and to civilians employed 
on lightships and other vessels of the Coast Guard.
    (g)(1) The head of the department in which the Coast Guard is 
operating under regulations prescribed by him, may regulate the hours of 
duty and the pay of civilian keepers of lighthouses and civilians 
employed on lightships and other vessels of the Coast Guard, but such 
personnel may be called upon for duty in emergency circumstances or 
otherwise at any time or all times. The existing system governing the 
pay of such employees may be continued or changed except that overtime 
compensation, night differential, and extra pay for duty on holidays 
shall not be paid to such employees. In lieu thereof additional annual 
compensation may be authorized, which may be prescribed either as a 
fixed differential or as a percentage of the basic compensation 
otherwise applicable to such employees. In no case shall basic 
compensation exceed $15,000 per annum, except that nothing contained in 
this subsection shall operate to decrease the basic compensation of any 
person employed by the Coast Guard on the date of enactment of this 
subsection, and in no case shall additions thereto exceed 25 percent of 
such basic compensation. Provision may be made for compensatory absence 
from duty when conditions of employment result in confinement because of 
isolation or in long periods of continuous duty; and provisions may 
likewise be made for extra allowance for service outside of the 
continental limits of the United States.
    (2) The additional compensation authorized by this subsection shall 
be included in any computation of compensation under section 6 of the 
Act of June 20, 1918 (33 U.S.C. 763).

(Aug. 4, 1949, ch. 393, 63 Stat. 526; Aug. 9, 1955, ch. 650, Secs. 1, 2, 
69 Stat. 577; Pub. L. 86-309, Sept. 21, 1959, 73 Stat. 585; Pub. L. 91-
278, Sec. 1(10), June 12, 1970, 84 Stat. 305; Pub. L. 96-23, Sec. 5(a), 
June 13, 1979, 93 Stat. 68; Pub. L. 97-295, Sec. 2(11), (13), Oct. 12, 
1982, 96 Stat. 1302; Pub. L. 98-557, Sec. 15(a)(3)(B), Oct. 30, 1984, 98 
Stat. 2865; Pub. L. 99-640, Sec. 10(a)(7), Nov. 10, 1986, 100 Stat. 
3549.)


                      Historical and Revision Notes

    See note under section 431 of this title.

                       References in Text

    The date of enactment of this subsection, referred to in subsec. 
(g)(1), is Aug. 4, 1949.


                               Amendments

    1986--Subsec. (g). Pub. L. 99-640 designated existing provisions as 
par. (1), struck out last par. relating to inclusion of additional 
compensation in computations of compensation for purposes of the 
Lighthouse Service Retirement Act, and added par. (2).
    1984--Subsec. (c). Pub. L. 98-557 substituted reference to enlisted 
members for reference to enlisted men.
    1982--Subsec. (f). Pub. L. 97-295, Sec. 2(13), substituted ``chapter 
51, subchapter III of chapter 53, and sections 5542-5546 of title 5'' 
for ``the civil service classification laws and titles II and III of the 
Federal Employees Pay Act of 1945 as amended''.
    Subsec. (g). Pub. L. 97-295, Sec. 2(11), substituted ``percent'' for 
``per centum''.
    1979--Subsec. (g). Pub. L. 96-23 substituted ``$15,000'' for 
``$7,500''.
    1970--Subsec. (g). Pub. L. 91-278 substituted ``$7,500'' for 
``$5,100''.
    1959--Subsec. (g). Pub. L. 86-309 substituted ``$5,100'' for 
``$3,750''.
    1955--Subsec. (f). Act Aug. 9, 1955, Sec. 1, inserted ``as 
amended''.
    Subsec. (g). Act Aug. 9, 1955, Sec. 2, authorized head of department 
in which the Coast Guard is operating to regulate hours of duty and pay.


                             Retroactive Pay

    Section 5(b) of Pub. L. 96-23 provided that: ``The Coast Guard may 
issue retroactive pay to its remaining civilian lighthouse keepers in an 
amount equal to the difference between what the keeper actually received 
and what he would have received under the General Schedule salary rates 
had there not been a statutory limitation of $7,500 on his annual 
salary. This amount is to be calculated from the time at which his 
salary reached the statutory limitation to the date of enactment of this 
Act [June 13, 1979].''

                  Section Referred to in Other Sections

    This section is referred to in section 42 of this title; title 5 
section 5102.
