Laws: Cases and Codes : U.S. Code : Title 33 : Section 763


   
U.S. Code as of: 01/19/04
Section 763. Retirement for age of officers and employees generally; retirement pay; waiver of retirement pay

      All officers and employees engaged in the field service or on
    vessels of the Lighthouse Service, except persons continuously
    employed in district offices or shop, who (1) shall have reached
    the age of fifty-five years, after having been thirty years in the
    active service of the Government, (2) shall have reached the age of
    sixty-two years, after having been twenty-five years in the active
    service of the Government, or (3) are involuntarily separated from
    further performance of duty, except by removal for cause on charges
    of misconduct or delinquency, after completing twenty-five years in
    the active service of the Government, or after completing twenty
    years of such service and after reaching the age of fifty years,
    may at their option be retired from further performance of duty;
    and all such officers and employees who shall have reached the age
    of seventy years shall be compulsorily retired from further
    performance of duty: Provided, That the annual compensation of
    persons so retired shall be a sum equal to one-fortieth of the
    average annual pay received for the last three years of service for
    each year of active service in the Lighthouse Service, or in a
    department or branch of the Government having a retirement system,
    not to exceed in any case thirty-fortieths of such average annual
    pay received: Provided further, That the retirement pay computed
    under the preceding proviso for any such officer or employee
    retiring under clause (3) shall be reduced by one-sixth of 1 per
    centum for each full month the officer or employee is under
    fifty-five years of age at the date of retirement: Provided
    further, That such retirement pay shall not include any amount on
    account of subsistence or other allowance: Provided further, That
    the retirement provisions and pay shall not apply to persons in the
    field service of the Lighthouse Service whose duties do not require
    substantially all their time. Any person entitled to retirement pay
    under this section may decline to accept all or any part of such
    retirement pay by a waiver signed and filed with the Secretary of
    the Treasury. Such waiver may be revoked in writing at any time,
    but no payment of the retirement pay waived shall be made covering
    the period during which such waiver was in effect.



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