Notes on 33 U.S.C. § 763 : US Code - Notes

Search Notes on 33 U.S.C. § 763 : US Code - Notes

(June 20, 1918, ch. 103, Sec. 6, 40 Stat. 608; Nov. 4, 1918, ch.
201, Sec. 1, 40 Stat. 1036; June 21, 1955, ch. 170, Sec. 1, 69
Stat. 166; Pub. L. 85-142, Aug. 14, 1957, 71 Stat. 365; Pub. L. 90-
164, Sec. 1, Nov. 29, 1967, 81 Stat. 519; Pub. L. 92-455, Sec.
6(a), Oct. 2, 1972, 86 Stat. 761.)
CODIFICATION
Except for the last proviso this section was from act June 20,
1918. The last proviso was from act Nov. 4, 1918, the First
Deficiency Appropriation Act, 1919.
AMENDMENTS
1972 - Pub. L. 92-455 inserted cl. (3), substituted "three" for
"five" years of service in first proviso, and inserted proviso for
reduction of retirement pay computed under cl. (3) by one-sixth of
1 per centum for each full month the officer or employee is under
fifty-five years of age at the date of retirement.
1967 - Pub. L. 90-164 lowered voluntary retirement age from sixty
to fifty-five years for those officers and employees having thirty
years of active service.
1957 - Pub. L. 85-142 inserted provisions allowing waiver of
retirement pay.
1955 - Act June 21, 1955, permitted retirement of officers and
employees who have attained 60 years of age and have served for 30
years, or who have reached 62 years of age and have served for 25
years.
EFFECTIVE DATE OF 1972 AMENDMENT
Section 6(b) of Pub. L. 92-455 provided that: "The amendments
made by subsection (a) of this section [amending this section]
shall apply with respect to officers and employees to which such
section 6 [amending this section] applies who are involuntarily
separated or retired on or after the date of the enactment of this
Act [Oct. 2, 1972]."
EFFECTIVE DATE OF 1967 AMENDMENT
Section 2 of Pub. L. 90-164 provided that: "The amendment made by
this Act [amending this section] shall take effect on the first day
of the second month which begins after the date of enactment of
this Act [Nov. 29, 1967]."
EFFECTIVE DATE OF 1955 AMENDMENT
Section 2 of act June 21, 1955, provided that: "This Act
[amending this section] shall take effect on the first day of the
second month beginning after the date of enactment of this Act
[June 21, 1955]."
TRANSFER OF FUNCTIONS
Bureau of Lighthouses, of which Lighthouse Service was a part,
transferred and consolidated with Coast Guard by Reorg. Plan No. II
of 1939, Sec. 2(a), eff July 1, 1939, 4 F.R. 2731, 53 Stat. 1432,
set out in the Appendix to Title 5, Government Organization and
Employees.
For transfer of functions of other officers, employees, and
agencies of Department of the Treasury, with certain exceptions, to
Secretary of the Treasury with power to delegate, see Reorg. Plan
No. 26 of 1950, Secs. 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64
Stat. 1280, 1281, set out in the Appendix to Title 5. Functions of
Coast Guard, and Commandant of Coast Guard, were excepted from
transfer when Coast Guard is operating as part of Navy under
sections 1 and 3 of Title 14, Coast Guard.
Coast Guard transferred to Department of Transportation, and all
functions, powers, and duties relating to Coast Guard of Secretary
of the Treasury and of other officers and offices of Department of
the Treasury transferred to Secretary of Transportation by Pub. L.
89-670, Sec. 6(b)(1), Oct. 15, 1966, 80 Stat. 938. Section 6(b)(2)
of Pub. L. 89-670, however, provided that notwithstanding such
transfer of functions, Coast Guard shall operate as part of Navy in
time of war or when President directs as provided in section 3 of
Title 14. See section 108 of Title 49, Transportation.
For transfer of authorities, functions, personnel, and assets of
the Coast Guard, including the authorities and functions of the
Secretary of Transportation relating thereto, to the Department of
Homeland Security, and for treatment of related references, see
sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security Reorganization
Plan of November 25, 2002, as modified, set out as a note under
section 542 of Title 6.
INCREASE OF PAY OF PERSONS RETIRED ON OR BEFORE OCTOBER 1, 1972
Pub. L. 94-178, Dec. 23, 1975, 89 Stat. 1033, provided: "That the
annual rate of retired pay received by a person under section 6 of
the Act of June 20, 1918, as amended and supplemented (33 U.S.C.
736-765), who was retired on or before October 1, 1972, shall,
effective on the first day of the calendar month following
enactment of this Act [Dec. 23, 1975], be increased by $270."
INCREASE OF PAY OF PERSONS RETIRED PRIOR TO 1967
Pub. L. 90-165, Nov. 29, 1967, 81 Stat. 519, provided: "That
effective on the first day of the first month which begins after
the date of enactment of this Act [Nov. 29, 1967], the annual rate
of retired pay of a person retired under section 6 of the Act of
June 20, 1918 (33 U.S.C. 763), shall be increased by 11.3 per
centum if such person retired prior to January 1, 1966, or by 4.1
per centum if such person retired after December 31, 1965, but
before January 1, 1967."
INCREASE OF PAY OF PERSONS RETIRED PRIOR TO 1963
Pub. L. 89-201, Sept. 25, 1965, 79 Stat. 834, provided: "That the
annual rate of retired pay of each person retired prior to January
1, 1963, under section 6 of the Act of June 20, 1918, as amended
and supplemented [this section], shall be increased by 6.5 per
centum, effective on the first day of the first calendar month
following the date of enactment of this Act [Sept. 25, 1965]."
INCREASE OF PAY OF PERSONS RETIRED PRIOR TO 1958
Pub. L. 86-361, Sept. 22, 1959, 73 Stat. 643, provided: "That the
annual rate of retired pay of each person retired prior to January
1, 1958, under section 6 of the Act of June 20, 1918, as amended
and supplemented [this section], shall be increased, effective on
the first day of the first calendar month following the date of
enactment of this Act [Sept. 22, 1959], by 10 per centum, or $150
per annum, whichever is the greater."
INCREASE OF PAY OF PERSONS RETIRED PRIOR TO 1953
Act Aug. 27, 1954, ch. 1010, 68 Stat. 878, as amended May 11,
1955, ch. 36, 69 Stat. 47, provided: "That the annual rate of
retired pay received by any person who was retired on or before
June 30, 1953, under section 6 of the Act of June 20, 1918, as
amended and supplemented (section 763 of this title), shall be
increased, effective on the first day of the calendar month
following enactment of this Act, by 15 per centum of $264,
whichever is the lesser: Provided, That no retired pay shall be
increased to an amount in excess of $2,160 by reason of this Act."
COST-OF-LIVING ADJUSTMENT TO RETIREE'S ANNUITY
Adjustment of annuities of retired officers and employees based
on cost-of-living increases, see section 2 of Pub. L. 90-163, Nov.
29, 1967, 81 Stat. 518, set out as a note under section 771 of this
title.