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414 not be more than 75 percent or less than 50 percent of the basic pay upon which the computation of retired pay is based. § 6399. Regular Navy, women lieutenant commanders and below; Regular Marine Corps, women majors and below: retirement at age 50; retired g r a d e and pay (a) Each woman officer on the active list of the Navy, appointed under section 6590 of this title, who holds a permanent appointment in a grade below commander and each woman officer on the active list of the Marine Corps who holds a permanent appointment in a grade below lieutenant colonel shall be retired by m e President on the first day of the month following the date on which she becomes 50 years of age. (b) This section does not apply to— (1) any officer in the ^ a d e of lieutenant commander or major who is on a promotion list for promotion to the grade of commander or lieutenant colonel; or (2) any officer while serving as assistant to the Chief of Naval Personnel with the rank of captain in the Navy or serving as assistant to the Commandant of the Marine Corps with the rank of colonel. (c) Each officer retired under this section— (1) unless otherwise entitled to a higher grade, shall be retired in the permanent grade held by her at the time of retirement; and (2) is entitled to retired pay at the rate of 2^4 percent of the basic pay to which she would be entitled if serving on active duty in the ^ a d e in which retired multiplied by the number of years of service creditable for basic pay, but the retired pay may not be more than 76 percent or less than 60 percent of the basic pay upon which the computation of retired pay is based. § 6400. Regular Navy, women lieutenant command e r s; Regular Marine Corps, women m a j o r s: retirement for length of service; retired g r a d e and pay. (a) Each woman officer on the active list of the Navy, appointed under section 5590 of this title, who holds a permanent appointment in the grade of lieutenant commander and each woman officer on the active list of the Marine Corps who holds a permanent appointment in the grade of major shall be retired on June 30 of the fiscal year in which— (1) she is not on a promotion list; and (2) she has completed 20 years of active commissioned service in the Navy or in the Marine Corps. (b) Each officer retired under this section— (1) unless otherwise entitled to higher grade, shall be retired in the permanent grade held by her at the time of retirement; and (2) is entitled to retired pay at the rate of 21/^ percent of the basic pay to which she would be entitled if serving on active duty in the grade in which retired multiplied by the number of years of service creditable for basic pay, but the retired p a y may not be more than 75 percent of the basic pay upon whicn the computation of retired pay is based.
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