§ 190. — Retirement of permanent commissioned teaching staff.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 14USC190]
TITLE 14--COAST GUARD
PART I--REGULAR COAST GUARD
CHAPTER 9--COAST GUARD ACADEMY
Sec. 190. Retirement of permanent commissioned teaching staff
Professors, associate professors, assistant professors, and
instructors in the Coast Guard shall be subject to retirement or
discharge from active service for any cause on the same basis as other
commissioned officers of the Coast Guard, except that they shall not be
required to retire from active service under the provisions of section
288 of this title, nor shall they be subject to the provisions of
section 289 of this title, nor shall they be required to retire at age
sixty-two but may be permitted to serve until age sixty-four at which
time unless earlier retired or separated they shall be retired. The
Secretary may retire any member of the permanent commissioned teaching
staff who has completed thirty years' active service. Service as a
civilian member of the teaching staff at the Academy in addition to
creditable service authorized by any other law in any of the military
services rendered prior to an appointment as a professor, associate
professor, assistant professor, or instructor shall be credited in
computing length of service for retirement purposes. The provisions of
law relating to retirement for disability in line of duty shall not
apply in the case of a professor, associate professor, assistant
professor, or instructor serving under a temporary appointment.
(Aug. 4, 1949, ch. 393, 63 Stat. 509; Pub. L. 86-474, Sec. 1(13), May
14, 1960, 74 Stat. 145; Pub. L. 88-130, Sec. 1(8), Sept. 24, 1963, 77
Stat. 175; Pub. L. 89-444, Sec. 1(10), June 9, 1966, 80 Stat. 196; Pub.
L. 91-278, Sec. 1(5), June 12, 1970, 84 Stat. 304.)
Historical and Revision Notes
Based on title 14, U.S.C., 1946 ed., Sec. 15f (Apr. 16, 1937, ch.
107, Sec. 5, 50 Stat. 67).
The provision prohibiting the retirement of a professor because of
physical disability with less than 15 years' service is changed to have
application only during the temporary appointment of a professor.
This section provides for the retirement of associate professors,
assistant professors, and commissioned instructors in addition to
professors. It is believed that the provision of existing law requiring
15 years' service before becoming eligible for retirement, discriminated
against this group of officers as no other group was discriminated
against, and should be eliminated. It was changed so that these officers
would be ineligible for retirement during their probationary term only.
Changes were made in phraseology. 81st Congress, House Report No.
557.
Amendments
1970--Pub. L. 91-278 permitted permanent teachers to retire at
sixty-four rather than at sixty-two unless earlier retired or separated.
1966--Pub. L. 89-444 authorized the Secretary to retire any member
of the permanent commissioned teaching staff who has completed thirty
years' active service.
1963--Pub. L. 88-130 inserted ``or discharge'', excepted staff
members from retirement from active service under section 288 of this
title, and from the provisions of section 289 of this title, and struck
out ``permanent'' before ``commissioned officers''.
1960--Pub. L. 86-474 substituted ``civilian member of the teaching
staff'' for ``civilian instructor or civilian librarian'', and struck
out ``commissioned'' in three places before ``instructors'' and
``instructor'', respectively.
