Title 10, Armed ForcesRelease 119-110

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

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

Last updated Sep 23, 2026|Official source

Summary

Navy and Marine Corps officers who are permanent professors at the Naval Academy must retire if they are not on a promotion list. Commanders or lieutenant colonels who are not recommended for promotion to captain or colonel must retire on the first day of the month after they finish 28 years of active commissioned service. Captains or colonels who are not recommended for promotion to rear admiral (lower half) or brigadier general must retire on the first day of the month after they finish 30 years of active commissioned service. The Secretary of the Navy can delay that retirement and keep an officer on active duty. The Secretary decides how long the delay lasts, subject to section 1252 of this title. An officer kept on active duty can still be considered for promotion. When retired, the officer gets the retired grade set under section 1370 of this title unless entitled to a higher grade, and retired pay is figured under section 8333 of this title.

Full Legal Text

Title 10, §8470a

Armed Forces, Source: USLM XML via OLRC

(a)Retirement for Years of Service.—
(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)Continuation on Active Duty.—
(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)Eligibility for Promotion.—
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)Retired Grade and Retired Pay.—
Each officer retired under this section
(1)
(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 10, Armed Forces

Last Updated

Sep 23, 2026

Release point: 119-110