---
kind: "section"
citation: "10 U.S.C. § 8470a"
title: "10"
title_heading: "Armed Forces"
number: "8470a"
heading: "Permanent professors: retirement for years of service; authority for deferral"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/8470a"
units:
  - "Subtitle C — Navy and Marine Corps"
  - "Part III — Education and Training"
  - "Chapter 853 — United States Naval Academy"
---

# §8470a. Permanent professors: retirement for years of service; authority for deferral

- (a) **Retirement for Years of Service.—**
  - (1) Except as provided in [subsection (b)](#b), an [officer](/usc/10/8001.md?p=a-5) of the [Navy](/usc/10/8001.md?p=a-1) or [Marine Corps](/usc/10/8001.md?p=a-2) serving as a permanent professor at the Naval Academy in the [grade](/usc/10/101.md?p=b-7) of commander or lieutenant colonel who is not on a list of [officers](/usc/10/8001.md?p=a-5) recommended for promotion to the [grade](/usc/10/101.md?p=b-7) of captain or colonel, as the case may be, shall, if not earlier retired, be retired on the first day of the month after the month in which the [officer](/usc/10/8001.md?p=a-5) completes 28 years of active commissioned service.
  - (2) Except as provided in [subsection (b)](#b), an [officer](/usc/10/8001.md?p=a-5) of the [Navy](/usc/10/8001.md?p=a-1) or [Marine Corps](/usc/10/8001.md?p=a-2) serving as a permanent professor at the Naval Academy in the [grade](/usc/10/101.md?p=b-7) of captain or colonel who is not on a list of [officers](/usc/10/8001.md?p=a-5) recommended for promotion to the [grade](/usc/10/101.md?p=b-7) of rear admiral (lower half) or brigadier general, as the case may be, shall, if not earlier retired, be retired on the first day of the month after the month in which the [officer](/usc/10/8001.md?p=a-5) completes 30 years of active commissioned service.
- (b) **Continuation on Active Duty.—**
  - (1) An [officer](/usc/10/8001.md?p=a-5) subject to retirement under [subsection (a)](#a) may have his retirement deferred and be continued on [active duty](/usc/10/101.md?p=d-1) by the [Secretary](/usc/10/8720.md?p=4) of the [Navy](/usc/10/8001.md?p=a-1).
  - (2) Subject to [section 1252 of this title](/usc/10/1252.md), the [Secretary](/usc/10/8720.md?p=4) of the [Navy](/usc/10/8001.md?p=a-1) shall determine the period of any continuation on [active duty](/usc/10/101.md?p=d-1) under this section.
- (c) **Eligibility for Promotion.—** A permanent professor at the Naval Academy in the [grade](/usc/10/101.md?p=b-7) of commander or lieutenant colonel who is continued on [active duty](/usc/10/101.md?p=d-1) as a permanent professor under [subsection (b)](#b) remains eligible for consideration for promotion to the [grade](/usc/10/101.md?p=b-7) of captain or colonel, as the case may be.
- (d) **Retired Grade and Retired Pay.—** Each [officer](/usc/10/8001.md?p=a-5) retired under this section—
  - (1) unless otherwise entitled to a higher [grade](/usc/10/101.md?p=b-7), shall be retired in the [grade](/usc/10/101.md?p=b-7) determined under [section 1370](/usc/10/1370.md)[^1] of this title; and
  - (2) is entitled to retired [pay](/usc/10/101.md?p=a-15) computed under [section 8333 of this title](/usc/10/8333.md).

## Footnotes

[^1]: See References in Text note below.

## Source credit

(Added Pub. L. 109–163, div. A, title V, § 509(b)(1), Jan. 6, 2006, 119 Stat. 3229, § 6970; renumbered § 6970a, Pub. L. 110–181, div. A, title V, § 508(a)(1)(A), Jan. 28, 2008, 122 Stat. 96; renumbered § 8470a and amended Pub. L. 115–232, div. A, title VIII, §§ 807(c)(1), 809(a), Aug. 13, 2018, 132 Stat. 1836, 1840.)

## Notes

### Editorial Notes

### References in Text

Section 1370 of this title, referred to in subsec. (d)(1), was repealed and new sections 1370 and 1370a of this title were enacted by Pub. L. 116–283, div. A, title V, § 508(a)(1), Jan. 1, 2021, 134 Stat. 3574, 3580. In determining the retired grade of certain commissioned officers of the Armed Forces who retire after Jan. 1, 2021, any reference to section 1370 of this title in such determination with respect to such officers deemed to be a reference to section 1370a of this title, see section 508(c) of Pub. L. 116–283, set out as a note under section 1370 of this title.

### Amendments

2018—Pub. L. 115–232, § 807(c)(1), renumbered section 6970a of this title as this section.

Subsec. (d)(2). Pub. L. 115–232, § 809(a), substituted “section 8333” for “section 6333”.

2008—Pub. L. 110–181 renumbered section 6970 of this title as this section.

### Statutory Notes and Related Subsidiaries

### Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.