§14511. Separation at age 64: officers in grade of major general or rear admiral and above

(a) Separation Required.-Unless retired, transferred to the Retired Reserve, or discharged at an earlier date, each reserve officer of the Army, Air Force, or Marine Corps in the grade of major general or above and each reserve officer of the Navy in the grade of rear admiral or above shall be separated in accordance with section 14515 of this title on the last day of the month in which the officer becomes 64 years of age.

(b) Exception for Officers Serving in O–9 and O–⁠10 Positions.-The retirement of a reserve officer of the Army, Air Force, or Marine Corps in the grade of lieutenant general or general, or a reserve officer of the Navy in the grade of vice admiral or admiral, under subsection (a) may be deferred-

(1) by the President, but such a deferment may not extend beyond the first day of the month following the month in which the officer becomes 68 years of age; or

(2) by the Secretary of Defense, but such a deferment may not extend beyond the first day of the month following the month in which the officer becomes 66 years of age.

(c) Exception for Officers Holding Certain Offices.-This section does not apply to an officer covered by section 14512 of this title.

(Added Pub. L. 103–337, div. A, title XVI, §1611, Oct. 5, 1994, 108 Stat. 2953 ; amended Pub. L. 109–364, div. A, title V, §503(a), Oct. 17, 2006, 120 Stat. 2178 ; Pub. L. 110–181, div. A, title XVIII, §1825(a)(1), Jan. 28, 2008, 122 Stat. 501 .)

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in sections 3844 and 8844 of this title, prior to repeal by Pub. L. 103–337, §1629(a)(3), (c)(3).

Amendments

2008-Pub. L. 110–181 amended section generally. Prior to amendment, text read as follows: "Unless retired, transferred to the Retired Reserve, or discharged at an earlier date, each reserve officer of the Army, Air Force, or Marine Corps in the grade of major general and each reserve officer of the Navy in the grade of rear admiral, except an officer covered by section 14512 of this title, shall be separated in accordance with section 14515 of this title on the last day of the month in which the officer becomes 64 years of age."

2006-Pub. L. 109–364 substituted "64" for "62" in section catchline and text.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Oct. 1, 1996, see section 1691(b)(1) of Pub. L. 103–337, set out as a note under section 10001 of this title.