
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC7081]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle C--Navy and Marine Corps
 
                    PART III--EDUCATION AND TRAINING
 
 CHAPTER 607--RETIREMENT OF CIVILIAN MEMBERS OF THE TEACHING STAFFS OF 
  THE UNITED STATES NAVAL ACADEMY AND UNITED STATES NAVAL POSTGRADUATE 
                                 SCHOOL
 
Sec. 7081. Civilian member: definition; exceptions

    (a) In this chapter, the term ``civilian member'' means a civilian 
member of the teaching staff of the United States Naval Academy or the 
United States Naval Postgraduate School. It includes the Academic Dean 
of the Postgraduate School, senior professors, professors, associate 
professors, assistant professors, chief instructors, assistant chief 
instructors, and instructors.
    (b) This chapter does not apply to any civilian member who was 
employed at the Naval Academy or the Postgraduate School on January 16, 
1936, and who did not elect to participate in the benefits provided by 
the Act of January 16, 1936, ch. 3 (49 Stat. 1092).
    (c) This chapter does not apply to any person who was a civilian 
member after September 30, 1956.

(Aug. 10, 1956, ch. 1041, 70A Stat. 438; Pub. L. 85-861, Sec. 1(149), 
Sept. 2, 1958, 72 Stat. 1513; Pub. L. 101-189, div. A, title XVI, 
Sec. 1622(e)(8), Nov. 29, 1989, 103 Stat. 1605.)

                                          Historical and Revision Notes
                                                    1956 Act
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
7081(a)...............................  34 U.S.C. 1073d.                     Ja
n. 16, 1936, ch. 3, Sec.  5, 49
                                                                              S
tat. 1093; Nov. 28, 1943, ch.
                                                                              3
31, Sec.  2, 57 Stat. 595.
                                        34 U.S.C. 1074 (less 1st 98 words).  Ju
ne 10, 1946, ch. 298 (less 1st 98
                                                                              w
ords), 60 Stat. 236.
                                        34 U.S.C. 1076b (last sentence).     Ju
ly 31, 1947, ch. 420, Sec.  3
                                                                              (
last sentence), 61 Stat. 760;
                                                                              A
ug. 30, 1954, ch. 1076, Sec.
                                                                              1
(21), 68 Stat. 968.
7081(b)...............................  34 U.S.C. 1073c.                     Ja
n. 16, 1936, ch. 3, Sec.  4, 49
                                                                              S
tat. 1092.
                                        34 U.S.C. 1073c-1 (2d proviso).      Ja
n. 16, 1936, ch. 3, Sec.  4A (2d
                                                                              p
roviso); added Nov. 28, 1943, ch.
                                                                              3
31, Sec.  1, 57 Stat. 594.
-------------------------------------------------------------------------------
---------------------------------

    Section 4 of the Act of January 16, 1936, ch. 3, 49 Stat. 1092, 
provided that persons who were then members of the teaching staff should 
have the right to participate in benefits under the Act if they 
requested such participation within 60 days. Members who were then under 
the civil-service retirement system were required to choose whether they 
would remain under it or would participate in the system established by 
the 1936 Act. They could not come under both. The section also 
authorized the Secretary of the Navy to supplement the retired income of 
members who elected to come under the 1936 Act and whose age in 1936 was 
such that they could not purchase adequate annuities before retiring. 
The provisions whereby members could elect to participate were temporary 
and are executed. The provisions relating to retired income are 
superseded by Sec. 4A, added by the Act of November 28, 1943, ch. 331, 
57 Stat. 594. The only remaining effect of Sec. 4 and the second proviso 
of Sec. 4A is to exclude from the benefits and requirements of the 1936 
Act persons who were members of the teaching staff in 1936 and did not 
elect to participate.

                                                    1958 Act
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
7081(c)...............................  [No source].                         [N
o source].
-------------------------------------------------------------------------------
---------------------------------

    Subsection (c) is added to reflect the effect on chapter 607 of this 
title of the Act of July 31, 1956, ch. 804, Sec. 402(a) (70 Stat. 760) 
which brought the civilian faculties of the Naval Academy and Naval 
Postgraduate School under the Civil Service Retirement Act effective 
October 1, 1956, and provided that on and after that date the Act of 
January 16, 1936, ch. 3 (49 Stat. 1092) would no longer apply to 
civilians employed at those schools on or after that date.

                       References in Text

    Act of January 16, 1936, ch. 3 (49 Stat. 1092), referred to in 
subsec. (b), was classified to sections 1073 to 1073f of former Title 
34, Navy, and was repealed by act Aug. 10, 1956, ch. 1041, Sec. 53, 70A 
Stat. 641. See section 7081 et seq. of this title.


                               Amendments

    1989--Subsec. (a). Pub. L. 101-189 inserted ``, the term'' after 
``In this chapter''.
    1958--Subsec. (c). Pub. L. 85-861 added subsec. (c).
