
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC8962]

 
                         TITLE 10--ARMED FORCES
 
                          Subtitle D--Air Force
 
                           PART II--PERSONNEL
 
                       CHAPTER 869--RETIRED GRADE
 
Sec. 8962. Higher grade for service in special positions

    Upon retirement, any permanent professor of the United States Air 
Force Academy whose grade is below brigadier general, and whose service 
as such a professor has been long and distinguished, may, in the 
discretion of the President, be retired in the grade of brigadier 
general.

(Aug. 10, 1956, ch. 1041, 70A Stat. 554; Pub. L. 85-861, Sec. 1(197), 
Sept. 2, 1958, 72 Stat. 1541; Pub. L. 89-288, Sec. 6, Oct. 22, 1965, 79 
Stat. 1050; Pub. L. 96-343, Sec. 13(b)(1), (2), Sept. 8, 1980, 94 Stat. 
1131; Pub. L. 96-513, title V, Sec. 504(20), Dec. 12, 1980, 94 Stat. 
2917; Pub. L. 104-106, div. A, title V, Sec. 502(c), (d)(1), Feb. 10, 
1996, 110 Stat. 293.)

                                          Historical and Revision Notes
                                                    1956 Act
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
8962(a)...............................  10:506b(d) (less 1st and last        Au
g. 7, 1947, ch. 512, Secs.
                                         provisos).                           5
04(d) (less 1st and last
8962(b)...............................  5:627b(h) (1st 42 words of 3d         p
rovisos), 520(b) (less proviso),
                                         proviso).                            6
1 Stat. 888, 912.
8962(c)...............................  10:1079a(b) (less proviso).          Ju
ne 12, 1948, ch. 449, Sec.
                                                                              3
03(h) (1st 42 words of 3d
                                                                              p
roviso), 62 Stat. 372.
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---------------------------------

    In subsection (a), the words ``who has served (1) as Chief of Staff 
to the President, (2) as Chief of Staff of the Air Force, (3) as a 
senior member of the Military Staff Committee of the United Nations, or 
(4) in a position of importance and responsibility designated by the 
President to carry the grade of general or lieutenant general under 
section 8066 of this title'' are substituted for the words ``while 
serving in accordance with the provisions of subsection (b) or (c) of 
this section''.
    In subsection (b), the words ``in that grade'' are substituted for 
the words ``in such higher temporary grade''. The words ``under section 
8071 of this title'' are inserted for clarity.
    In subsection (c), the words ``Upon retirement'' are substituted for 
the words ``When * * * is retired''. The word ``allowances'' is omitted, 
since retired officers are not entitled to allowances. The words ``grade 
is below brigadier general'' are inserted, since any permanent professor 
who has the grade of brigadier general retires in that grade under 
section 9335 of this title.

                                                    1958 Act
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---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
8962..................................  [No source].                         [N
o source].
-------------------------------------------------------------------------------
---------------------------------

    The amendment reflects section 1 of the Act of May 31, 1956, ch. 348 
(70 Stat. 222), which in effect amended section 8963 of this title to 
cover regular and reserve officers covered by section 8962(b). As to 
temporary officers, section 8962(b) is obsolete. (See opinion of the 
Judge Advocate General of the Air Force, May 2, 1957.)


                               Amendments

    1996--Pub. L. 104-106 designated subsec. (b) as entire section and 
struck out subsec. (a) which read as follows: ``Upon retirement, a 
commissioned officer of the Air Force who has served (1) as Chief of 
Staff to the President, (2) as Chief of Staff of the Air Force, (3) as a 
senior member of the Military Staff Committee of the United Nations, or 
(4) as Surgeon General of the Air Force in the grade of lieutenant 
general may, in the discretion of the President, be retired, by and with 
the advice and consent of the Senate, in the highest grade in which he 
served on active duty.''
    1980--Pub. L. 96-343, Sec. 13(b)(2), substituted ``positions'' for 
``positions: regular commissioned officers'' in section catchline.
    Subsec. (a). Pub. L. 96-513 substituted ``or (4)'' for ``(4) in a 
position of importance and responsibility designated by the President to 
carry the grade of general or lieutenant general under section 8066 of 
this title, or (5)''.
    Pub. L. 96-343, Sec. 13(b)(1), substituted ``Air Force who has'' for 
``Regular Air Force who has'' and ``in which he served on active duty'' 
for ``held by him at any time on the active list''.
    1965--Subsec. (a). Pub. L. 89-288 added the Surgeon General of the 
Air Force to the list of commissioned officers who may, in the 
discretion of the President, be retired, by and with the advice and 
consent of the Senate, in the highest grade held by him at any time on 
the active list.
    1958--Subsecs. (b), (c). Pub. L. 85-861 redesignated subsec. (c) as 
(b), and struck out former subsec. (b) which related to retirement grade 
of a woman Air Force officer who served at least two and one-half years 
on active duty in the temporary grade of colonel in the Air Force under 
section 8071 of this title.


                    Effective Date of 1980 Amendment

    Amendment by Pub. L. 96-513 effective Sept. 15, 1981, see section 
701 of Pub. L. 96-513, set out as a note under section 101 of this 
title.


  Appointment by President of Retired Commissioned Officer of Reserve 
         Component to Higher Retired Grade; Recalculation of Pay

    For authority of the President to appoint a retired commissioned 
officer of a reserve component to a higher retired grade and for 
recalculation of pay, see section 13(c) of Pub. L. 96-343, set out as a 
note under section 3962 of this title.


               Retired Grade for Certain General Officers

    Extension of privilege granted by subsec. (a) of this section, to 
officers, heretofore or hereafter retired, who served in the grade of 
general or lieutenant general after Dec. 7, 1941, and before July 1, 
1946, see section 38 of act Aug. 10, 1956, set out as a note under 
section 3962 of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 1406 of this title.
