Commissioned Corps Management Information Site

When can Regular Corps officers retire?

The USPHS Commissioned Corps will retire a Regular Corps officer on the first day of any month following the officer’s retirement request as long as the officer is at least 64 years of age and/or has 30 years of active duty service. The USPHS Commissioned Corps has the option to accept a requested retirement of an officer who has served at least 20, but less than 30, years as long as the officer has served at least 10 years of active duty commissioned service.

Can the USPHS Commissioned Corps deny an officer’s request to voluntarily retire?

The Assistant Secretary for Health (ASH) can restrict processing and approving officers’ request to retire in the following circumstances, which are not subject to an appeal by the officer:

The officer has not completed an active duty obligation (ADO);

For the purpose of ensuring that the USPHS Commissioned Corps exercises appropriate fiscal responsibility as well as for proper long-term planning and utilization of the active duty force, the ASH may restrict retirement for officers who have not served at least 10 years of active commissioned service in the USPHS Commissioned Corps;

The President or Secretary has declared an urgent or emergency public health care need (see Section 6 4.(a), (b), or (c) of CCD 121.02, “Deployment and Readiness”) and the ASH, without further delegation, issues a stop-loss order; or,

In time of war or an emergency proclaimed by the President, or if the President has declared the USPHS Commissioned Corps to be a military service (see 42 U.S.C. § 217) and the ASH, without further delegation, issues a stop-loss order.

Pending the outcome of an ongoing investigation regarding the officer’s conduct or other action that is ongoing (e.g., Uniform Code of Military Justice (UCMJ) or civil criminal proceeding) and/or the officer’s conduct warrants disciplinary or board action under CCD 111.02, “Disciplinary Action.”

Pending the outcome of a board proceeding under CCD 111.02, “Disciplinary Action,” or a board that has been convened under CCD 128.01, “Medical Fitness for Duty.”

When can officers in the Ready Reserve retire (non-regular retirement)?

The ASH, or his/her designee, will notify a member who has completed 20 qualifying years of service required for eligibility for non-regular retired pay. He or she must send this notice, in writing, to the officer within one year after the officer becomes eligible. A member of the Ready Reserve Corps who is eligible for non-regular retired pay must apply for such pay to the ASH, or his/her designee, in accordance with policy established by the ASH. The USPHS Commissioned Corps also may execute the transfer at the member’s request provided the member makes the request and obtains approval in accordance with policies prescribed by the ASH. Furthermore, the USPHS Commissioned Corps may restrict such member’s request in accordance with policies prescribed by the ASH.

What are the rules for involuntary retirement for members of the USPHS Commissioned Corps?

The ASH, or his/her designee, may retire an officer from active duty after completing 20 years of active service and may transfer a member of the Ready Reserve Corps to an inactive status list any time after he/she would be eligible for non regular retired pay in accordance with 10 U.S.C. § 12732 except for the fact that that he/she is under 60 years of age. There is no longer any requirement to convene a retirement board to obtain a recommendation to involuntarily retire an officer.

Can a reserve officer retire early due to a physical disability?

The ASH, or his/her designee, may make a determination to treat a member of the Ready Reserve Corps as having met the 20 years of service required for eligibility for non-regular retired pay provided that the member is unfit solely due to a physical disability and has at least 15 years, and less than 20 years, of service that is eligible for non-regular retired pay.

What special arrangements are made for the retirement pay of a PHS officer who has served as an Assistant Surgeon General, Deputy Surgeon General, and/or Surgeon General?

The retired pay of Assistant Surgeon Generals, Deputy Surgeon Generals, and/or Surgeon Generals is 75 percent of the basic pay of the highest grade held by that officer, in accordance with 42 U.S.C. § 212(a)(5), as long as he/she:

Has a Date of Initial Entry into Military/Uniformed Service (DIEMS) on or before 7 September 1980;

Has 4 or more years of active duty service in the USPHS Commissioned Corps as an Assistant Surgeon General, Deputy Surgeon General, and/or Surgeon General;

Has not less than 25 years of active duty service in the Regular Corps; and

Is not placed into a retired status prior to the Secretary’s approval of the application of the enhanced retired pay multiplier.

Can an officer who served as a civilian in the Public Health Service count this time toward the required number of years for retirement eligibility?

For the purpose of determining retirement eligibility “active duty service” other than as a USPHS Commissioned Corps officer must be comparable to service performed by an officer and other active duty service authorized in 42 U.S.C. § 212(d) as determined in accordance with policy established by the ASH (see CCI 384.01 “Creditable Service for Retirement,” and associated FAQs).

Who may issue Instructions regarding computation of retired pay for retirements?

The ASH may issue Instructions regarding computation of retired pay for regular and non-regular retirements as authorized in 42 U.S.C. § 212, 42 U.S.C. § 213a(a)(4), and 42 U.S.C. § 213a(a)(19) (see CCI 661.01, “Computation of Retired Pay,” and associated FAQs).

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