Sec. 201. Grade on retirement
614 words·~3 min read·
/bill/116/hr/3409/ih/section-201·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 303 of title 14, United States Code, is amended— in subsections
(a)and (b), by striking A each place it appears and inserting Subject to section 2501, a ; and in subsection (c), by striking An and inserting Subject to section 2501, an . Section 306 of title 14, United States Code, is amended— by striking An officer each place it appears and inserting Subject to section 2501, an officer ; and in subsection (c), by striking his and inserting the officer’s . Section 2501 of title 14, United States Code, is amended— in subsection (a)— by striking Any and inserting Commissioned Officer.— Any ; by striking him and inserting such officer ; by striking his and inserting the officer’s ; and by adding at the end the following: When an officer is under investigation for alleged misconduct at the time of retirement, the Secretary may conditionally determine the highest grade of satisfactory service of the officer pending completion of the investigation. Such grade is subject to resolution under subsection (c)(2). ; in subsection (b)— by striking Any and inserting ; Warrant Officer.— Any by striking him and inserting such warrant officer ; and by striking his and inserting the warrant officer’s ; and by adding at the end the following: In the case of an officer whom the Secretary determines committed misconduct in a lower grade, the Secretary may determine the officer has not served satisfactorily in any grade equal to or higher than that lower grade. A determination of the retired grade of an officer shall be resolved following a conditional determination under subsection (a)(2) or (b)(2) if the investigation of or personnel action against the officer or warrant officer, as applicable, results in adverse findings. If the retired grade of an officer is reduced, the retired pay of the officer under chapter 71 of title 10 shall be recalculated, and any modification of the retired pay of the officer shall go into effect on the effective date of the reduction in retired grade. Except as otherwise provided by law, a determination of the retired grade of an officer pursuant to this section is administratively final on the day the officer is retired, and may not be reopened. A determination of the retired grade of an officer may be reopened as follows: If the retirement or retired grade of the officer was procured by fraud. If substantial evidence comes to light after the retirement that could have led to a lower retired grade under this section if known by competent authority at the time of retirement. If a mistake of law or calculation was made in the determination of the retired grade. In the case of a retired grade following a conditional determination under subsection (a)(2) or (b)(2), if the investigation of or personnel action against the officer, as applicable, results in an adverse finding. If the Secretary determines, pursuant to regulations prescribed by the Secretary, that good cause exists to reopen the determination or certification. If a determination or certification of the retired grade of an officer is reopened, the Secretary— shall notify the officer of the reopening; and may not make an adverse determination on the retired grade of the officer until the officer has had a reasonable opportunity to respond regarding the basis of the reopening. If the retired grade of an officer is reduced through the reopening of the officer’s or warrant officer’s retired grade, the retired pay of the officer under chapter 71 of title 10 shall be recalculated, and any modification of the retired pay of the officer shall go into effect on the effective date of the reduction of the officer’s retired grade. .