10-U.S.C.-8921
§8921 – Mandatory Retirement: Superintendent of The United States Air Force Academy; Waiver Authority
Pathway
Title 10 > Subtitle D > Part II > Chapter 867 > Section 8921
Details
- Reference: Section 8921
- Legend: §8921 – Mandatory Retirement: Superintendent of The United States Air Force Academy; Waiver Authority
- USCode Year: 2013
Provision Content
(a) Mandatory Retirement.—Upon the termination of the detail of an officer to the position of Superintendent of the United States Air Force Academy, the Secretary of the Air Force shall retire the officer under any provision of this chapter under which the officer is eligible to retire.
(b) Waiver Authority.—The Secretary of Defense may waive the requirement in subsection (a) for good cause. In each case in which such a waiver is granted for an officer, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a written notification of the waiver, with a statement of the reasons supporting the decision that the officer not retire, and a written notification of the intent of the President to nominate the officer for reassignment.
(Added Pub. L. 106–65, div. A, title V, §532(a)(3)(A), Oct. 5, 1999, 113 Stat. 603; amended Pub. L. 108–375, div. A, title V, §541(a)(3), (c)(3)(A), Oct. 28, 2004, 118 Stat. 1902, 1904.)
Prior Provisions
A prior section 8921, acts Aug. 10, 1956, ch. 1041, 70A Stat. 551; Nov. 2, 1966, Pub. L. 89–718, §3, 80 Stat. 1115, provided for retirement of a promotion-list colonel, except as provided by section 8301 of title 5, on 30th day after he completes 30 years of service or 5th anniversary of date of his appointment in that regular grade, whichever is later, with authority for Secretary of Air Force to defer retirement in certain cases, prior to repeal by Pub. L. 96–513, title II, §217(a), title VII, §701, Dec. 12, 1980, 94 Stat. 2886, 2995, effective Sept. 15, 1981.
Amendments
2004—Pub. L. 108–375 inserted ; waiver authority after Academy in section catchline, designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).
Application of Section to Superintendents Serving on October 5, 1999
Section not applicable to an officer serving on Oct. 5, 1999, in the position of Superintendent of the United States Military Academy, Naval Academy, or Air Force Academy for so long as that officer continues on and after that date to serve in that position without a break in service, see section 532(a)(5) of Pub. L. 106–65, set out as a note under section 3921 of this title.
U.S. Encyclopedia of Law Coverage
10-U.S.C.-8919 in the Legal Encyclopedia: Air Force
In this entry about 10-U.S.C.-8919, find legal reference material, bibliographies and premiere content related to air force in the American Encyclopedia of Law, presenting a comprehensive view of the United States air force-specific issues, written by authorities in the field.
10-U.S.C.-8817 in the Legal Encyclopedia: Air Force Personnel
In this entry about 10-U.S.C.-8817, find legal reference material, bibliographies and premiere content related to air force personnel in the American Encyclopedia of Law, presenting a comprehensive view of the United States air force personnel-specific issues, written by authorities in the field.
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