Page:United States Statutes at Large Volume 110 Part 1.djvu/317

 PUBLIC LAW 104-106—FEB. 10, 1996 110 STAT. 293 (1) in subsection (a)(2)(A), by striking out "and below lieutenant general or vice admiral"; and (2) in the first sentence of subsection (d)(2)(B), as added effective October 1, 1996, by section 1641 of the Reserve Officer Personnel Management Act (title XVI of Public Law 103-337; 108 Stat. 2968), by striking out "and below lieutenant general or vice admiral". (b) RETIREMENT IN HIGHEST GRADE UPON CERTIFICATION OF SATISFACTORY SERVICE.— Subsection (c) of such section is amended to read as follows: "(c) OFFICERS IN 0-9 AND O-IO GRADES.—(1) An officer who is serving in or has served in the grade of general or admiral or lieutenant general or vice admiral may be retired in that grade under subsection (a) only after the Secretary of Defense certifies in writing to the President and Congress that the officer served on active duty satisfactorily in that grade. "(2) In the case of an officer covered by paragraph (1), the three-year service-in-grade requirement in paragraph (2)(A) of subsection (a) may not be reduced or waived under that subsection— "(A) while the officer is under investigation for alleged misconduct; or "(B) while there is pending the disposition of an adverse personnel action against the officer for alleged misconduct.". (c) REPEAL OF SUPERSEDED PROVISIONS.— Sections 3962(a), 5034, 5043(c), and 8962(a) of such title are repealed. (d) TECHNICAL AND CLERICAL AMENDMENTS.— (1) Sections 3962(b) and 8962(b) of such title are amended by striking out "(b) Upon" and inserting in lieu thereof "Upon". (2) The table of sections at the beginning of chapter 505 of such title is amended by striking out the item relating to section 5034. (e) EFFECTIVE DATE FOR AMENDMENT TO PROVISION TAKING lo use i370 EFFECT IN 1996. —The amendment made by subsection (a)(2) shall note. take effect on October 1, 1996, immediately after subsection (d) of section 1370 of title 10, United States Code, takes effect under section 1691(b)(1) of the Reserve Officer Personnel Management Act (108 Stat. 3026). (f) PRESERVATION OF APPLICABILITY OF LIMITATION.— Section 1370(a)(2)(C) of title 10, United States Code, is amended by striking out "The number of officers in an armed force in a grade" and inserting in lieu thereof "In the case of a grade below the grade of lieutenant general or vice admiral, the number of members of one of the armed forces in that grade". (g) STYLISTIC AMENDMENTS.— Section 1370 of title 10, United States Code, is further amended— (1) in subsection (a), by striking out "(a)(1)" and inserting in lieu thereof "(a) RULE FOR RETIREMENT IN HIGHEST GRADE HELD SATISFACTORILY. —(1)"; (2) in subsection (b), by inserting "RETIREMENT IN NEXT LOWER GRADE. —" after "(b)"; and (3) in subsection (d), as added effective October 1, 1996, by section 1641 of the Reserve Officer Personnel Management Act (title XVI of Public Law 103-337; 108 Stat. 2968), by striking out "(d)(1)" and inserting in lieu thereof "(d) RESERVE OFFICERS.— (1)".

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