Page:United States Statutes at Large Volume 94 Part 3.djvu/303

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PUBLIC LAW 96-000—MMMM. DD, 1980

PUBLIC LAW 96-513—DEC. 12, 1980

94 STAT. 2947

admiral, be entitled to wear the uniform and insignia of a rear admiral. (c) Except as otherwise provided by law, an officer of the Navy who on the day before the effective date of this Act held the grade of rear admiral on the retired list or the temporary disability retired list retains the grade of rear admiral and is entitled after such date to wear the uniform and insignia of a rear admiral. Such an officer, when ordered to active duty— (1) holds the grade and has the right to wear the uniform and insignia of a rear admiral; and (2) ranks among commissioned officers of the armed forces as and is entitled to the basic pay of— (A) a commodore admiral, if his retired pay was based on the basic pay of a rear admiral of the lower half on the day before the effective date of this Act; or (B) a rear admiral, if his retired pay was based on the basic pay of a rear admiral of the upper half on the day before the effective date of this Act. (d)(1) An officer of the Navy who— (A) on the effective date of this Act— (i) was serving on active duty in the grade of rear admiral and was entitled to the basic pay of a rear admiral of the lower half or was serving on active duty in the grade of admiral or vice admiral and would have been entitled to receive the basic pay of a rear admiral of the lower half had he not been serving in such grade on such date; or (ii) was on a list of officers recommended for promotion to the grade of rear admiral; and (B) after such date holds the permanent grade of commodore admiral pursuant to subsection (a), shall not be subject to the provisions of chapter 36 of title 10, United States Code, as added by this Act, relating to selection for promotion Ante, p. 2850. and promotion to the next higher grade. (2) Officers to whom this subsection applies become entitled to hold the permanent grade of rear admiral under the circumstances prescribed for entitlement to the basic pay of a rear admiral of the upper half under the provisions of subsections (a) through (d) of section 202 of title 37, United States Code, as in effect on the day before the effective date of this Act. For the purposes of this subsection, officers serving in the permanent grade of rear admiral or commodore admiral in accordance with subsection (a) shall be considered as serving in the grade of rear admiral, as such grade was in effect on the day before the effective date of this Act. (e) Unless entitled to a higher grade under another provision of law, an officer of the Navy who on the day before the effective date of this Act— (1) was serving on active duty; and (2) held the grade of rear admiral; and who retires on or after the effective date of this Act, retires in the grade of rear admiral and is entitled to wear the uniform and insignia of a rear admiral. If such an officer is ordered to active duty after his retirement, he is considered, for the purposes of determining his pay, uniform and insignia, and rank among other commissioned officers, as having held the grade of rear admiral on the retired list on the day before the effective date of this Act. (f) A reserve officer of the Navy who on the day before the effective date of this Act was in an active status and was serving in the grade of rear admiral or was on a list of reserve officers recommended for