Page:United States Statutes at Large Volume 116 Part 4.djvu/662

This page needs to be proofread.

116 STAT. 3090 PUBLIC LAW 107-372—DEC. 19, 2002 (1) IN GENERAL.—In computing the number of years of service of an officer for the purposes of subsection (a)— (A) each full month of service that is in addition to the number of full years of service creditable to the officer shall be credited as V12 of a year; and (B) any remaining fractional part of a month shall be disregarded. (2) ROUNDING.— Retired pay computed under this section, if not a multiple of $1, shall be rounded to the next lower multiple of $1. 33 USC 3046. SEC. 246. RETIRED GRADE AND RETIRED PAY. Each officer retired pursuant to law shall be placed on the retired list with the highest grade satisfactorily held by that officer while on active duty including active duty pursuant to recall, under permanent or temporary appointment, and shall receive retired pay based on such highest grade, if— (1) the officer's performance of duty in such highest grade has been satisfactory, as determined by the Secretary of the department or departments under whose jurisdiction the officer served; and (2) unless retired for disability, the officer's length of service in such highest grade is no less than that required by the Secretary of officers retiring under permanent appointment in that grade. 33 USC 3047. SEC. 247. RETIRED RANK AND PAY HELD PURSUANT TO OTHER LAWS UNAFFECTED. Nothing in this subtitle shall prevent an officer from being placed on the retired list with the highest rank and with the highest retired pay to which the officer is entitled under any other provision of law. 33 USC 3048. SEC. 248. CONTINUATION ON ACTIVE DUTY; DEFERRAL OF RETIRE- MENT. The provisions of subchapter IV of chapter 36 of title 10, United States Code, relating to continuation on active duty and deferral of retirement shall apply to commissioned officers of the Administration. 33 USC 3049. SEC. 249. RECALL TO ACTIVE DUTY. The provisions of chapter 39 of title 10, United States Code, relating to recall of retired officers to active duty, including the limitations on such recalls, shall apply to commissioned officers of the Administration. Subtitle D—Service of Officers With the Military Departments 33 USC 3061. SEC. 251. COOPERATION WITH AND TRANSFER TO MILITARY DEPART- MENTS. (a) TRANSFERS OF RESOURCES AND OFFICERS DURING NATIONAL EMERGENCY.— (1) TRANSFERS AUTHORIZED.— The President may, whenever in the judgment of the President a sufficient national emergency exists, transfer to the service and jurisdiction of a military department such vessels, equipment, stations, and officers of