Title 10Armed ForcesRelease 119-73

§8581 Civilian member: definition; exceptions

Title 10 › Subtitle Subtitle C— - Navy and Marine Corps › Part PART III— - EDUCATION AND TRAINING › Chapter CHAPTER 857— - RETIREMENT OF CIVILIAN MEMBERS OF THE TEACHING STAFFS OF THE UNITED STATES NAVAL ACADEMY AND UNITED STATES NAVAL POSTGRADUATE SCHOOL › § 8581

Last updated Apr 6, 2026|Official source

Summary

Defines "civilian member" as teaching staff at the Naval Academy or Naval Postgraduate School, including the provost, professors, and instructors. It excludes staff employed on January 16, 1936 who declined benefits under that Act, and anyone who was a civilian member after September 30, 1956.

Full Legal Text

Title 10, §8581

Armed Forces — Source: USLM XML via OLRC

(a)In this chapter, the term “civilian member” means a civilian member of the teaching staff of the United States Naval Academy or the United States Naval Postgraduate School. It includes the Provost and Chief Academic Officer, senior professors, professors, associate professors, assistant professors, chief instructors, assistant chief instructors, and instructors.
(b)This chapter does not apply to any civilian member who was employed at the Naval Academy or the Postgraduate School on January 16, 1936, and who did not elect to participate in the benefits provided by the Act of January 16, 1936, ch. 3 (49 Stat. 1092).
(c)This chapter does not apply to any person who was a civilian member after September 30, 1956.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

1956 Act Revised sectionSource (U.S. Code)Source (Statutes at Large) 7081(a)34 U.S.C. 1073d.Jan. 16, 1936, ch. 3, § 5, 49 Stat. 1093; Nov. 28, 1943, ch. 331, § 2, 57 Stat. 595. 34 U.S.C. 1074 (less 1st 98 words).
June 10, 1946, ch. 298 (less 1st 98 words), 60 Stat. 236. 34 U.S.C. 1076b (last sentence).
July 31, 1947, ch. 420, § 3 (last sentence), 61 Stat. 760; Aug. 30, 1954, ch. 1076, § 1(21), 68 Stat. 968. 7081(b)34 U.S.C. 1073c.Jan. 16, 1936, ch. 3, § 4, 49 Stat. 1092. 34 U.S.C. 1073c–1 (2d proviso).Jan. 16, 1936, ch. 3, § 4A (2d proviso); added Nov. 28, 1943, ch. 331, § 1, 57 Stat. 594. section 4 of the Act of
January 16, 1936, ch. 3, 49 Stat. 1092, provided that persons who were then members of the teaching staff should have the right to participate in benefits under the Act if they requested such participation within 60 days. Members who were then under the civil-service retirement system were required to choose whether they would remain under it or would participate in the system established by the 1936 Act. They could not come under both. The section also authorized the Secretary of the Navy to supplement the retired income of members who elected to come under the 1936 Act and whose age in 1936 was such that they could not purchase adequate annuities before retiring. The provisions whereby members could elect to participate were temporary and are executed. The provisions relating to retired income are superseded by § 4A, added by the Act of
November 28, 1943, ch. 331, 57 Stat. 594. The only remaining effect of § 4 and the second proviso of § 4A is to exclude from the benefits and requirements of the 1936 Act persons who were members of the teaching staff in 1936 and did not elect to participate. 1958 Act Revised sectionSource (U.S. Code)Source (Statutes at Large) 7081(c)[No source].[No source]. Subsection (c) is added to reflect the effect on chapter 607 of this title of the Act of
July 31, 1956, ch. 804, § 402(a) (70 Stat. 760) which brought the civilian faculties of the Naval Academy and Naval Postgraduate School under the Civil Service Retirement Act effective
October 1, 1956, and provided that on and after that date the Act of
January 16, 1936, ch. 3 (49 Stat. 1092) would no longer apply to civilians employed at those schools on or after that date.

Editorial Notes

References in Text

Act of January 16, 1936, ch. 3 (49 Stat. 1092), referred to in subsec. (b), was classified to sections 1073 to 1073f of former Title 34, Navy, and was repealed by act Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641. See section 7081 et seq. of this title.

Prior Provisions

A prior section 8581 was renumbered section 9231 of this title.

Amendments

2024—Subsec. (a). Pub. L. 118–159 substituted “Provost and Chief Academic Officer” for “Provost and Academic Dean of the Postgraduate School”. 2018—Pub. L. 115–232 renumbered section 7081 of this title as this section. 2004—Subsec. (a). Pub. L. 108–375 substituted “Provost and Academic Dean” for “Academic Dean”. 1989—Subsec. (a). Pub. L. 101–189 inserted “, the term” after “In this chapter”. 1958—Subsec. (c). Pub. L. 85–861 added subsec. (c).

Statutory Notes and Related Subsidiaries

Effective Date

of 2018 AmendmentAmendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of

Amendments

and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

Reference

Citations & Metadata

Citation

10 U.S.C. § 8581

Title 10Armed Forces

Last Updated

Apr 6, 2026

Release point: 119-73