Laws: Cases and Codes : U.S. Code : Title 10 : Section 5149
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U.S. Code as of:
01/19/04
Section 5149 - Notes
SOURCE
(Aug. 10, 1956, ch. 1041, 70A Stat. 290; Pub. L. 85-861, Sec.
33(a)(28), Sept. 2, 1958, 72 Stat. 1566; Pub. L. 87-649, Sec.
14c(21), Sept. 7, 1962, 76 Stat. 501; Pub. L. 89-718, Sec. 36, Nov.
2, 1966, 80 Stat. 1120; Pub. L. 90-179, Sec. 2(2), Dec. 8, 1967, 81
Stat. 546; Pub. L. 90-623, Sec. 2(9), Oct. 22, 1968, 82 Stat. 1314;
Pub. L. 96-513, title V, Sec. 503(13), Dec. 12, 1980, 94 Stat.
2912; Pub. L. 97-86, title IV, Sec. 405(b)(1), Dec. 1, 1981, 95
Stat. 1105; Pub. L. 99-145, title V, Sec. 514(b)(1), Nov. 8, 1985,
99 Stat. 628; Pub. L. 99-661, div. A, title V, Sec. 508(b), Nov.
14, 1986, 100 Stat. 3867; Pub. L. 103-337, div. A, title V, Sec.
504(b)(2), Oct. 5, 1994, 108 Stat. 2751.)
DELEGATION OF FUNCTIONS
Functions of President under this section delegated to Secretary
of Defense, see section 1(8) of Ex. Ord. No. 11390, Jan. 22, 1968,
33 F.R. 841, set out as a note under section 301 of Title 3, The
President.
OFFICER SERVING AS DEPUTY AND ASSISTANT JUDGE ADVOCATE OF THE NAVY
ON DEC. 7, 1967; RANK; RETIREMENT BENEFITS
Section 9 of Pub. L. 90-179 provided that: "Nothing in this Act
[enacting sections 5578a and 5587a of this title, amending this
section, sections 801, 806, 815, 827, 865, 936, 5148, 5404, 5508,
5581, 5587, 5600, 5652a, 5702, 5708, 5753, 5762, 5896, 5897, and
6378 of this title, and section 202 of Title 37, and enacting
provisions set out as notes under this section and section 5184 of
this title] shall operate to terminate or reduce the term of an
officer who was serving as Deputy and Assistant Judge Advocate
General of the Navy on the day before the effective date of this
Act [Dec. 8, 1967] or to deprive to him of the rank, pay,
allowances, or retirement privileges to which he was then entitled.
Notwithstanding any other provision of law, an officer who was so
serving on the day before the effective date of this Act shall be
deemed to be detailed as Deputy Judge Advocate General, pursuant to
section 5149 of title 10, United States Code, as amended by this
Act [this section], and in addition to rights and benefits then
accrued, to be entitled to the rank and retirement benefits
authorized by that section. For the purposes of determining his
eligibility for the retirement benefits authorized by section 5149
of title 10, United States Code, as amended by this Act [this
section], an officer who is serving as Deputy Judge Advocate
General on the effective date of this Act shall be credited with
all service performed under appointment or detail as Deputy and
Assistant Judge Advocate General before the effective date of this
Act."
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