Title 10Armed ForcesRelease 119-73not60

§8470a Permanent Professors: Retirement for Years of Service; Authority for Deferral

Title 10 › Subtitle Subtitle C— Navy and Marine Corps › Part III— EDUCATION AND TRAINING › Chapter 853— UNITED STATES NAVAL ACADEMY › § 8470a

Last updated Apr 3, 2026|Official source

Summary

A Navy or Marine officer who is a permanent professor at the Naval Academy must be retired if not chosen for the next rank: commanders or lieutenant colonels who are not on a promotion list must retire on the first day of the month after they reach 28 years of active commissioned service; captains or colonels not on a promotion list must retire on the first day of the month after they reach 30 years. The Secretary of the Navy can delay that retirement and keep the officer on active duty, and the Secretary decides how long the delay can be, subject to section 1252. An officer kept on active duty can still be considered for promotion. When an officer is retired under these rules, the retired rank is set under section 1370 (unless a higher rank applies), and retired pay is calculated under section 8333.

Full Legal Text

Title 10, §8470a

Armed Forces — Source: USLM XML via OLRC

(a)(1)Except as provided in subsection (b), an officer of the Navy or Marine Corps serving as a permanent professor at the Naval Academy in the grade of commander or lieutenant colonel who is not on a list of officers recommended for promotion to the grade of captain or colonel, as the case may be, shall, if not earlier retired, be retired on the first day of the month after the month in which the officer completes 28 years of active commissioned service.
(2)Except as provided in subsection (b), an officer of the Navy or Marine Corps serving as a permanent professor at the Naval Academy in the grade of captain or colonel who is not on a list of officers recommended for promotion to the grade of rear admiral (lower half) or brigadier general, as the case may be, shall, if not earlier retired, be retired on the first day of the month after the month in which the officer completes 30 years of active commissioned service.
(b)(1)An officer subject to retirement under subsection (a) may have his retirement deferred and be continued on active duty by the Secretary of the Navy.
(2)Subject to section 1252 of this title, the Secretary of the Navy shall determine the period of any continuation on active duty under this section.
(c)A permanent professor at the Naval Academy in the grade of commander or lieutenant colonel who is continued on active duty as a permanent professor under subsection (b) remains eligible for consideration for promotion to the grade of captain or colonel, as the case may be.
(d)Each officer retired under this section—
(1)unless otherwise entitled to a higher grade, shall be retired in the grade determined under section 1370 11 See References in Text note below. of this title; and
(2)is entitled to retired pay computed under section 8333 of this title.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 1370 of this title, referred to in subsec. (d)(1), was repealed and new section 1370 and 1370a of this title were enacted by Pub. L. 116–283, div. A, title V, § 508(a)(1), Jan. 1, 2021, 134 Stat. 3574, 3580. In determining the retired grade of certain commissioned officers of the Armed Forces who retire after Jan. 1, 2021, any reference to section 1370 of this title in such determination with respect to such officers deemed to be a reference to section 1370a of this title, see section 508(c) of Pub. L. 116–283, set out as a note under section 1370 of this title.

Amendments

2018—Pub. L. 115–232, § 807(c)(1), renumbered section 6970a of this title as this section. Subsec. (d)(2). Pub. L. 115–232, § 809(a), substituted “section 8333” for “section 6333”. 2008—Pub. L. 110–181 renumbered section 6970 of this title as this section.

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. § 8470a

Title 10Armed Forces

Last Updated

Apr 3, 2026

Release point: 119-73not60