Page:United States Statutes at Large Volume 120.djvu/2208

 PUBLIC LAW 109–364—OCT. 17, 2006

120 STAT. 2177

‘‘§ 1251. Age 62: regular commissioned officers in grades below general and flag officer grades; exceptions ‘‘(a) GENERAL RULE.—Unless retired or separated earlier, each regular commissioned officer of the Army, Navy, Air Force, or Marine Corps (other than an officer covered by section 1252 of this title or a commissioned warrant officer) serving in a grade below brigadier general or rear admiral (lower half), in the case of an officer in the Navy, shall be retired on the first day of the month following the month in which the officer becomes 62 years of age. ‘‘(b) DEFERRED RETIREMENT OF HEALTH PROFESSIONS OFFICERS.—(1) The Secretary of the military department concerned may, subject to subsection (d), defer the retirement under subsection (a) of a health professions officer if during the period of the deferment the officer will be performing duties consisting primarily of providing patient care or performing other clinical duties. ‘‘(2) For purposes of this subsection, a health professions officer is— ‘‘(A) a medical officer; ‘‘(B) a dental officer; or ‘‘(C) an officer in the Army Nurse Corps, an officer in the Navy Nurse Corps, or an officer in the Air Force designated as a nurse. ‘‘(c) DEFERRED RETIREMENT OF CHAPLAINS.—The Secretary of the military department concerned may, subject to subsection (d), defer the retirement under subsection (a) of an officer who is appointed or designated as a chaplain if the Secretary determines that such deferral is in the best interest of the military department concerned. ‘‘(d) LIMITATION ON DEFERMENT OF RETIREMENTS.—(1) Except as provided in paragraph (2), a deferment under subsection (b) or (c) may not extend beyond the first day of the month following the month in which the officer becomes 68 years of age. ‘‘(2) The Secretary of the military department concerned may extend a deferment under subsection (b) or (c) beyond the day referred to in paragraph (1) if the Secretary determines that extension of the deferment is necessary for the needs of the military department concerned. Such an extension shall be made on a caseby-case basis and shall be for such period as the Secretary considers appropriate.’’. (c) CLERICAL AMENDMENTS.—The table of sections at the beginning of chapter 63 of such title is amended— (1) by striking the item relating to section 1251 and inserting the following new item: ‘‘1251. Age 62: regular commissioned officers in grades below general and flag officer grades; exceptions.’’;

and (2) by inserting after the item relating to section 1252 the following new item: ‘‘1253. Age 64: regular commissioned officers in general and flag officer grades; exception.’’.

(d) CONFORMING AMENDMENTS.—Chapter 71 of such title is amended—

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