Source
(July 1, 1944, ch. 373, title II, § 211, 58 Stat. 688; Feb. 28, 1948, ch. 83, § 7, 62 Stat. 46; Oct. 12, 1949, ch. 681, title V, § 521(d), 63 Stat. 835; 1953 Reorg. Plan No. 1, §§ 5,
8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Apr. 27, 1956, ch. 211, § 5(a)–(c), 70 Stat. 117; Aug. 10, 1956, ch. 1041, § 5,
70A Stat. 620; Pub. L. 86–415, § 4, Apr. 8, 1960, 74 Stat. 33; Pub. L. 91–253, § 1, May 14, 1970, 84 Stat. 216; Pub. L. 96–76, title III, § 308, Sept. 29, 1979, 93 Stat. 585; Pub. L. 96–342, title VIII, § 813(h)(2), Sept. 8, 1980, 94 Stat. 1110; Pub. L. 97–25, title III, § 303(b), July 27, 1981, 95 Stat. 145; Pub. L. 97–35, title XXVII, § 2765(a), Aug. 13, 1981, 95 Stat. 932; Pub. L. 98–94, title IX, §§ 922(d),
923
(f), Sept. 24, 1983, 97 Stat. 642, 643; Pub. L. 99–348, title II, § 207(b), July 1, 1986, 100 Stat. 702; Pub. L. 101–509, title V, § 529 [title III, § 304(b)], Nov. 5, 1990, 104 Stat. 1427, 1464.)
Codification
In subsec. (a)(4), “subchapter
III of chapter
83 of title
5” substituted for “the Civil Service Retirement Act” on authority of
Pub. L. 89–554, § 7(b), Sept. 6, 1966,
80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees.
Amendments
1990—Subsec. (d)(4).
Pub. L. 101–509 added par. (4).
1986—Subsec. (a)(6).
Pub. L. 99–348 amended par. (6) generally. Prior to amendment, par. (6) read as follows: “In computing retired pay under paragraph (4) or (5) in the case of any commissioned officer who first became a member of a uniformed service on or after September 8, 1980, the monthly retired pay base computed under section
1407
(h) of title
10 shall be used in lieu of using the basic pay of the highest grade held by him as such officer.”
1983—Subsec. (a)(7).
Pub. L. 98–94, § 922(d), added par. (7).
Subsec. (e).
Pub. L. 98–94, § 923(f), substituted “each full month of service that is in addition to the number of full years of service credited to an officer is counted as one-twelfth of a year and any remaining fractional part of a month is disregarded” for “a part of a year that is six months or more is counted as a whole year, and a part of a year that is less than six months is disregarded”.
1981—Subsec. (a)(1).
Pub. L. 97–35 substituted “shall, if he applies for retirement, be retired on or after” for “shall be retired on”, and substituted provisions relating to involuntary retirement as a result of age, for provisions relating to inapplicability to the Surgeon General.
Pub. L. 97–25 inserted provision that this paragraph does not apply to Surgeon General.
1980—Subsec. (a)(4).
Pub. L. 96–342, § 813(h)(2)(A), substituted “Except as provided in paragraph (6), a” for “A”.
Subsec. (a)(5).
Pub. L. 96–342, § 813(h)(2)(B), substituted “except as provided in paragraph (6), his” for “his”.
Subsec. (a)(6).
Pub. L. 96–342, § 813(h)(2)(C), added par. (6).
1979—Subsec. (e).
Pub. L. 96–76 struck out requirement respecting active service for purposes of credit.
1970—Subsec. (a)(4).
Pub. L. 91–253 inserted “plus” after the semicolon at end of cl. (ii) and added cl. (iii).
1960—
Pub. L. 86–415 amended section generally, and among other changes, authorized retirement of commissioned officers who have had less than 30 years of active service any time after the completion of 20 years of active service, permitted persons who have served as Deputy Surgeons General or Assistant Surgeons General for four or more years and who have had at least 25 years of active service to retire voluntarily at any time, provided for the recall to active duty of officers of the Reserve Corps entitled to retired pay under subsection (a) of this section during such times as the Corps constitutes a branch of the land or naval forces of the United States, authorized credit, for retirement purposes, of active service in the uniformed services and limited to five years the crediting of active service with the Public Health Service other than as a commissioned officer, and established the methods for computation of retired pay for active duty officers retiring for age or length of service.
1956—Subsec. (a). Act Apr. 27, 1956, § 5(a), authorized crediting of noncommissioned service for purposes of retirement.
Subsec. (b)(1). Act Apr. 27, 1956, § 5(b), authorized crediting of noncommissioned service in the Service for purposes of retirement.
Subsec. (c). Act Apr. 27, 1956, § 5(c), permitted recall of retired officers of the Regular Corps without their consent whenever the Regular Corps has military status, and authorized recall of retired officers of the Regular or Reserve Corps with their consent at any time.
Subsec. (g). Act Aug. 10, 1956, provided for crediting of service for purposes of retirement or separation for physical disability under chapter
61 of title
10.
1949—Subsec. (a). Act Oct. 12, 1949, redesignated subsec. (b) as (a), substituted “subsection (b)” for “subsection (c)” and repealed former subsec. (a) relating to retirement for disability or disease.
Subsec. (b). Act Oct. 12, 1949, redesignated subsec. (c) as (b) and struck out reference to retirement for disability or disease. Former subsec. (b) redesignated (a).
Subsec. (c). Act Oct. 12, 1949, redesignated subsec. (d) as (c) and struck out reference to recovery from a disability. Former subsec. (c) redesignated (b).
Subsecs. (d) to (f). Act Oct. 12, 1949, redesignated subsecs. (e) to (g) as (d) to (f), respectively. Former subsec. (d) redesignated (c).
Subsecs. (g), (h). Act Oct. 12, 1949, redesignated subsec. (h) as (g) and amended subsection generally to relate to retirement or separation for physical disability. Former subsec. (g) redesignated (f).
1948—Subsec. (b). Act Feb. 28, 1948, inserted length of service for retirement purposes.
Subsec. (c)(2). Act Feb. 28, 1948, made subdivision applicable to grade of Assistant Surgeon General.
Subsec. (d). Act Feb. 28, 1948, substituted “under the provisions of subsection (b) of this section” for “for age”.
Subsecs. (g), (h). Act Feb. 28, 1948, added subsecs. (g) and (h).
Change of Name
Senior Biomedical Research Service changed to Silvio O. Conte Senior Biomedical Research Service by
Pub. L. 103–43, title XX, § 2001, June 10, 1993,
107 Stat. 208. See section
237 of this title.
Effective Date of 1990 Amendment
Section
529 [title III, § 304(c)] of
Pub. L. 101–509 provided that: “Except as otherwise provided, the provisions of this section [enacting section
237 of this title and amending this section] shall be effective on the 90th day following the date of the enactment of this Act [Nov. 5, 1990].”
Effective Date of 1983 Amendment
Amendment by section 922(d) of
Pub. L. 98–94 effective Oct. 1, 1983, see section 922(e) of
Pub. L. 98–94, set out as a note under section
1401 of Title
10, Armed Forces.
Amendment by section 923(f) of
Pub. L. 98–94 applicable with respect to the computation of retired or retainer pay of any individual who becomes entitled to that pay after Sept. 30, 1983, see section 923(g) of
Pub. L. 98–94, set out as a note under section
1174 of Title
10.
Effective Date of 1970 Amendment
Section 2 of
Pub. L. 91–253 provided that: “The amendments made by this Act [amending this section] shall apply in the case of retired pay for any period after the month in which this Act is enacted [May 1970].”
Effective Date of 1960 Amendment
Section 8(b) of
Pub. L. 86–415 provided that: “The amendment made by section
4 [amending this section] shall become effective on the date of enactment of this Act [Apr. 8, 1960] in the case of commissioned officers of the Regular Corps of the Public Health Service, and on July 1, 1960, in the case of commissioned officers of the Reserve Corps of the Public Health Service.”
Effective Date of 1949 Amendment
Amendment by act Oct. 12, 1949, effective Oct. 1, 1949, see section 533(a) of act Oct. 12, 1949, set out as a note under section
854a of Title
33, Navigation and Navigable Waters.
Savings Provision
Section 8(c), (d) of
Pub. L. 86–415 provided that:
“(c) An officer in the Regular Corps on active duty on the date of enactment of this Act [Apr. 8, 1960] may be retired and have his retired pay computed under section 211 of the Public Health Service Act, as amended by this Act [this section], or, if he so elects, under such section as in effect prior to the date of enactment of this Act [Apr. 8, 1960].
“(d) The limitation under subsection (f) of section
211 of the Public Health Service Act, as amended by this Act [subsec. (f) of this section], on the amount of active service with the Public Health Service, other than as a commissioned officer, which may be counted for purposes of retirement or separation for physical disability, shall not apply in the case of any officer of the Reserve Corps of the Public Health Service on active duty on June 30, 1960.”
Transfer of Functions
Functions of Public Health Service, Surgeon General of Public Health Service, and all other officers and employees of Public Health Service, and functions of all agencies of or in Public Health Service transferred to Secretary of Health, Education, and Welfare by Reorg. Plan No. 3 of 1966, eff. June 25, 1966,
31 F.R.
8855,
80 Stat. 1610, set out as a note under section
202 of this title. Secretary of Health, Education, and Welfare redesignated Secretary of Health and Human Services by section 509(b) of
Pub. L. 96–88 which is classified to section
3508
(b) of Title
20, Education.
Functions of Federal Security Administrator transferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out as a note under section
3501 of this title. Federal Security Agency and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953. Secretary and Department of Health, Education, and Welfare redesignated Secretary and Department of Health and Human Services by section 509(b) of
Pub. L. 96–88 which is classified to section
3508
(b) of Title
20.
Delegation of Functions
Functions of President delegated to Secretary of Health and Human Services, see Ex. Ord. No. 11140, eff. Jan. 30, 1964,
29 F.R.
1637, as amended, set out as a note under section
202 of this title.
Coverage Under Civil Service Retirement Act
Creditable service for purposes of the Civil Service Retirement Act for certain commissioned officers of the Regular or Reserve Corps of the Public Health Service, see section 6(a), (b) of
Pub. L. 86–415, set out as a note under section
8332 of Title
5, Government Organization and Employees.