14 U.S.C. § 2515: Calculation of active service

Summary

When a Coast Guard Personnel Service Center representative told an officer or enlisted member in writing (including by email) that certain service counts toward total active service for regular retirement under sections 2152 or 2306, the President must treat that service as active service when applying those sections to decide the person’s retirement eligibility. This rule applies even if the written notice was given before the Don Young Coast Guard Authorization Act of 2022 became law.

Title 14, §2515

Coast Guard, Source: USLM XML via OLRC

Any service described, including service described prior to the date of enactment of the Don Young Coast Guard Authorization Act of 2022, in writing, including by electronic communication, by a representative of the Coast Guard Personnel Service Center as service that counts toward total active service for regular retirement under section 2152 or section 2306 shall be considered by the President as active service for purposes of applying section 2152 or section 2306 with respect to the determination of the retirement qualification for any officer or enlisted member to whom a description was provided.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The date of enactment of the Don Young Coast Guard Authorization Act of 2022, referred to in text, is the date of enactment of div. K of Pub. L. 117–263, which was approved Dec. 23, 2022.

Statutory Notes and Related Subsidiaries

Rule of

Construction

Pub. L. 117–263, div. K, title CXII, § 11242(c), Dec. 23, 2022, 136 Stat. 4040, provided that: “The amendment made by subsection (a) [enacting this section]— “(1) shall only apply to officers of the Coast Guard that entered active service after

January 1, 1997, temporarily separated for a period of time, and have retired from the Coast Guard before

January 1, 2024; and “(2) shall not apply to any member of any other uniformed service, or to any Coast Guard member regarding active service of the member in any other uniformed service.”

§2515 Calculation of Active Service