Page:United States Statutes at Large Volume 94 Part 3.djvu/302

 94 STAT. 2946

Ante, p. 2863.

PUBLIC LAW 96-513—DEC. 12, 1980

(A) holds the grade of lieutenant commander, commander, or captain in the Regular Navy or the grade of major, lieutenant colonel, or colonel in the Regular Marine Corps; or (B) is on a promotion list to any such grade, shall be retired on the date provided under the laws in effect on the day before the effective date of this Act. (2) This subsection does not apply to an officer— (A) sooner retired or separated under another provision of law; (B) promoted to a higher grade in the Regular Navy or Regular Marine Corps; or (C) continued on active duty under section 637 of title 10, United States Code, as added by this Act. (b)(l) An officer of the Navy who on the effective date of this Act— (A) has the grade of rear admiral in the Regular Navy; or (B) was on a promotion list to such grade, shall be continued on active duty or retired in accordance with the laws in effect on the day before the effective date of this Act. (2) An officer of the Marine Corps who on the effective date of this Act— (A) has the grade of brigadier general in the Regular Marine Corps; or (B) was on a promotion list to such grade, shall be retired in accordance with the laws in effect on the day before the effective date of this Act. TRANSITION PROVISIONS TO NEW COMMODORE ADMIRAL GRADE

10 USC 611 note.

SEC. 614. (a)(1) An officer of the Navy who on the day before the effective date of this Act— (A) was serving on active duty in the grade of rear admiral and was receiving the basic pay of a rear admiral of the upper half; or (B) was serving on active duty in the grade of admiral or vice admiral and would have been entitled to receive the basic pay of a rear admiral of the upper half had he not been serving in such grade on such date, shall after such date hold the permanent grade of rear admiral. (2) An officer of the Navy who on the day before the effective date of this Act— (A) was serving on active duty in the grade of rear admiral and was receiving the basic pay of a rear admiral of the lower half; or (B) was serving on active duty in the grade of admiral or vice admiral and would have been entitled to receive the basic pay of a rear admiral of the lower half had he not been serving in such grade on such date, shall after such date hold the permanent grade of commodore admiral, but shall retain the title of rear admiral. (3) An officer who on the day before the effective date of this Act was on a list of officers recommended for promotion to the grade of rear admiral shall, upon promotion, hold the grade of commodore admiral with the title of rear admiral. (b) An officer who on the day before the effective date of this Act— (1) was serving on active duty in the grade of rear admiral and was entitled to the basic pay of a rear admiral of the lower half; or (2) was on a list of officers recommended for promotion to the grade of rear admiral, shall, on and after the effective date of this Act, or in the case of an officer on such a list, upon promotion to the grade of commodore

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