§ 8581. Civilian member: definition; exceptions

670 words·~3 min read·/usc/title-10/section-8581

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(a)In this chapter, the term “civilian member” means a civilian member of the teaching staff of the United States Naval Academy or the United States Naval Postgraduate School. It includes the Provost and Chief Academic Officer, senior professors, professors, associate professors, assistant professors, chief instructors, assistant chief instructors, and instructors.

(b)This chapter does not apply to any civilian member who was employed at the Naval Academy or the Postgraduate School on January 16, 1936, and who did not elect to participate in the benefits provided by the Act of January 16, 1936, ch. 3 (49 Stat. 1092).

(c)This chapter does not apply to any person who was a civilian member after September 30, 1956.

(Aug. 10, 1956, ch. 1041, 70A Stat. 438, § 7081; Pub. L. 85–861, § 1(149), Sept. 2, 1958, 72 Stat. 1513; Pub. L. 101–189, div. A, title XVI, § 1622(e)(8), Nov. 29, 1989, 103 Stat. 1605; Pub. L. 108–375, div. A, title V, § 557(b)(4), Oct. 28, 2004, 118 Stat. 1916; renumbered § 8581, Pub. L. 115–232, div. A, title VIII, § 807(c)(1), Aug. 13, 2018, 132 Stat. 1836; Pub. L. 118–159, div. A, title XVII, § 1701(a)(45), Dec. 23, 2024, 138 Stat. 2206.)

Section 4 of the Act of January 16, 1936, ch. 3, 49 Stat. 1092, provided that persons who were then members of the teaching staff should have the right to participate in benefits under the Act if they requested such participation within 60 days. Members who were then under the civil-service retirement system were required to choose whether they would remain under it or would participate in the system established by the 1936 Act. They could not come under both. The section also authorized the Secretary of the Navy to supplement the retired income of members who elected to come under the 1936 Act and whose age in 1936 was such that they could not purchase adequate annuities before retiring.

The provisions whereby members could elect to participate were temporary and are executed. The provisions relating to retired income are superseded by § 4A, added by the Act of November 28, 1943, ch. 331, 57 Stat. 594. The only remaining effect of § 4 and the second proviso of § 4A is to exclude from the benefits and requirements of the 1936 Act persons who were members of the teaching staff in 1936 and did not elect to participate.

Subsection

(c)is added to reflect the effect on chapter 607 of this title of the Act of July 31, 1956, ch. 804, § 402(a) (70 Stat. 760) which brought the civilian faculties of the Naval Academy and Naval Postgraduate School under the Civil Service Retirement Act effective October 1, 1956, and provided that on and after that date the Act of January 16, 1936, ch. 3 (49 Stat. 1092) would no longer apply to civilians employed at those schools on or after that date.

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