10 USC § 8102 - Regular Navy: retired flag officers on active duty

---
identifier: "/us/usc/t10/s8102"
source: "usc"
legal_status: "official_legal_evidence"
title: "10 USC § 8102 - Regular Navy: retired flag officers on active duty"
title_number: 10
title_name: "ARMED FORCES"
section_number: "8102"
section_name: "Regular Navy: retired flag officers on active duty"
chapter_number: 811
chapter_name: "DISTRIBUTION IN GRADE"
part_number: "II"
part_name: "PERSONNEL"
positive_law: true
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Aug. 10, 1956, ch. 1041, 70A Stat. 312, § 5450; Pub. L. 96–513, title V, § 503(21), Dec. 12, 1980, 94 Stat. 2912; renumbered § 8102, Pub. L. 115–232, div. A, title VIII, § 807(b)(1), Aug. 13, 2018, 132 Stat. 1834.)"
---


# § 8102. Regular Navy: retired flag officers on active duty

Except in time of war or national emergency, not more than ten retired flag officers of the Regular Navy may be on active duty.

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**Source Credit**: (Aug. 10, 1956, ch. 1041, 70A Stat. 312, § 5450; Pub. L. 96–513, title V, § 503(21), Dec. 12, 1980, 94 Stat. 2912; renumbered § 8102, Pub. L. 115–232, div. A, title VIII, § 807(b)(1), Aug. 13, 2018, 132 Stat. 1834.)

| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 5450 | 34 U.S.C. 211e. | Aug. 7, 1947, ch. 512, § 430, 61 Stat. 881; Sept. 3, 1954, ch. 1257, § 702(a), 68 Stat. 1188. |

In subsection (a) the words “In addition * * * to the number of rear admirals and above authorized by titles I, II, and III and by section 413 of this Act, a total of” are omitted as surplusage. Titles I, II, and III, and section 413 of the Officer Personnel Act of 1947 prescribe the number of officers on the lineal list who may have the grade of rear admiral. Retired officers are excluded from the lineal lists and are not counted for any purpose in the computations under the cited titles and section. The source text does not affect the authorized numbers so computed; it sets up an authorized number for a category of officers not previously covered.

The limitation on reserve flag officers on active duty contained in section 430 of the Officer Personnel Act of 1947 was repealed by section 702(a) of the Reserve Officer Personnel Act of 1954.

## Editorial Notes

### Amendments

2018— renumbered  as this section.

1980— struck out designation “(a)” before “Except in time of war or national emergency”, substituted “flag officers of the Regular Navy” for “officers of the Regular Navy in the grade of rear admiral and above”, and struck out subsec. (b) which provided that this section did not apply to fleet admirals or to retired officers ordered to temporary duty to serve on boards convened under chapter 543 of this title.

## Statutory Notes and Related Subsidiaries

### Effective Date of 2018 Amendment

Amendment by  effective , with provision for the coordination of amendments and special rule for certain redesignations, see , set out as a note preceding .

### Effective Date of 1980 Amendment

Amendment by  effective , see , set out as a note under .