# § 9342. Higher grade for service in special positions
Upon retirement, any permanent professor of the United States Air Force Academy whose grade is below brigadier general, and whose service as such a professor has been long and distinguished, may, in the discretion of the President, be retired in the grade of brigadier general.
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**Source Credit**: (Aug. 10, 1956, ch. 1041, 70A Stat. 554, § 8962; Pub. L. 85–861, § 1(197), Sept. 2, 1958, 72 Stat. 1541; Pub. L. 89–288, § 6, Oct. 22, 1965, 79 Stat. 1050; Pub. L. 96–343, § 13(b)(1), (2), Sept. 8, 1980, 94 Stat. 1131; Pub. L. 96–513, title V, § 504(20), Dec. 12, 1980, 94 Stat. 2917; Pub. L. 104–106, div. A, title V, § 502(c), (d)(1), Feb. 10, 1996, 110 Stat. 293; renumbered § 9342, Pub. L. 115–232, div. A, title VIII, § 806(b)(14), Aug. 13, 2018, 132 Stat. 1833.)
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 8962(a) 8962(b) 8962(c) | 10:506b(d) (less 1st and last provisos).5:627b(h) (1st 42 words of 3d proviso).10:1079a(b) (less proviso). | Aug. 7, 1947, ch. 512, §§ 504(d) (less 1st and last provisos), 520(b) (less proviso), 61 Stat. 888, 912.June 12, 1948, ch. 449, § 303(h) (1st 42 words of 3d proviso), 62 Stat. 372. |
In subsection (a), the words “who has served (1) as Chief of Staff to the President, (2) as Chief of Staff of the Air Force, (3) as a senior member of the Military Staff Committee of the United Nations, or (4) in a position of importance and responsibility designated by the President to carry the grade of general or lieutenant general under ” are substituted for the words “while serving in accordance with the provisions of subsection (b) or (c) of this section”.
In subsection (b), the words “in that grade” are substituted for the words “in such higher temporary grade”. The words “under ” are inserted for clarity.
In subsection (c), the words “Upon retirement” are substituted for the words “When * * * is retired”. The word “allowances” is omitted, since retired officers are not entitled to allowances. The words “grade is below brigadier general” are inserted, since any permanent professor who has the grade of brigadier general retires in that grade under .
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 8962 | [No source]. | [No source]. |
The amendment reflects (), which in effect amended to cover regular and reserve officers covered by section 8962(b). As to temporary officers, section 8962(b) is obsolete. (See opinion of the Judge Advocate General of the Air Force, .)
## Editorial Notes
### Prior Provisions
A prior section 9342 was renumbered .
### Amendments
2018— renumbered as this section.
1996— designated subsec. (b) as entire section and struck out subsec. (a) which read as follows: “Upon retirement, a commissioned officer of the Air Force who has served (1) as Chief of Staff to the President, (2) as Chief of Staff of the Air Force, (3) as a senior member of the Military Staff Committee of the United Nations, or (4) as Surgeon General of the Air Force in the grade of lieutenant general may, in the discretion of the President, be retired, by and with the advice and consent of the Senate, in the highest grade in which he served on active duty.”
1980—, substituted “positions” for “positions: regular commissioned officers” in section catchline.
Subsec. (a). substituted “or (4)” for “(4) in a position of importance and responsibility designated by the President to carry the grade of general or lieutenant general under , or (5)”.
, substituted “Air Force who has” for “Regular Air Force who has” and “in which he served on active duty” for “held by him at any time on the active list”.
1965—Subsec. (a). added the Surgeon General of the Air Force to the list of commissioned officers who may, in the discretion of the President, be retired, by and with the advice and consent of the Senate, in the highest grade held by him at any time on the active list.
1958—Subsecs. (b), (c). redesignated subsec. (c) as (b), and struck out former subsec. (b) which related to retirement grade of a woman Air Force officer who served at least two and one-half years on active duty in the temporary grade of colonel in the Air Force under .
## 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 .
### Appointment by President of Retired Commissioned Officer of Reserve Component to Higher Retired Grade; Recalculation of Pay
For authority of the President to appoint a retired commissioned officer of a reserve component to a higher retired grade and for recalculation of pay, see , set out as a note under .
### Retired Grade for Certain General Officers
Extension of privilege granted by subsec. (a) of this section, to officers, heretofore or hereafter retired, who served in the grade of general or lieutenant general after , and before , see section 38 of act , set out as a note under .