Commissioned Corps Management Information Site

What has changed in the revised retirement policy CCI 384.03

Previous Policies (CCIs 384.02, 385.01, 385.02)	Updated CCI 384.03
Had separate policies for: Commissioned Corps Instruction (CCI) 384.02, “Voluntary Retirement (20 to < 30 years),” dated 3 July 2013 (CC23.8.5); CCI 285.02, “Retirement (30 Years),” dated 3 July 2008 (CC23.8.3); and CCI 385,01, “Involuntary Retirement (20 Years),” dated 21 May 2008 (CC23.8.4).	Combines Commissioned Corps Instruction (CCI) 384.02, “Voluntary Retirement (20 to < 30 years),” dated 3 July 2013 (CC23.8.5); CCI 285.02, “Retirement (30 Years),” dated 3 July 2008 (CC23.8.3); and CCI 385,01, “Involuntary Retirement (20 Years),” dated 21 May 2008 (CC23.8.4).
Had same retirement structure for all officers (except for flag officers).	Creates a tiered mandatory retirement structure for Regular Corps officers O-6 and below that is based on officers’ grade and years of service, that takes effect five years from the policy’s approval date. Unless retained on active duty, an officer must retire after completing 20 years of creditable service for retirement (O-1 to O-4), 26 years (O-5), or 30 years (O-6). (The default is retirement, but the agency may request an officer’s retention on active duty.)
Set mandatory retirement date at 30 years unless waived by the SG based on the recommendation(s) of a retirement extension board.	Defines when the USPHS Commissioned Corps can retain a Regular Corps officer on active duty who is reaching a mandatory retirement date.
Did not have established criteria for retention on active duty.	Establishes requirements that an officer must meet to be retained on active duty (for an officer in the Regular Corps) or an active status (for an officer in the Ready Reserve Corps).
Required the Director, CCHQ, to approve a voluntary retirement request or convene a Retirement Board when an officer requests retirement.	Outlines additional options available to the USPHS Commissioned Corps when an officer requests a voluntary retirement.
Stated that when an officer attains 19 years of retirement credit (including 9 in the Corps) and at least every 4 years subsequently (or on the recommendation of the agency head), the SG will review an officer’s record to determine if the record should be reviewed to an Involuntary Retirement Board.	Outlines when the USPHS Commissioned Corps can convene an Involuntary Retirement Board (IRB) and when it can summarily retire an officer without a review by an IRB.
Had no provisions for non-regular retirements for members of the Ready Reserve Corps,	Adds non-regular retirements for members of the Ready Reserve Corps.
Excluded flag officers from the voluntary retirement and 30-year retirement policies.	Clarifies policy regarding the retirement of flag grade officers.
Did not mention individual memorandum of agreement.	Clarifies policy regarding officers who are detailed under an individual memorandum of agreement (IMA).
Set 90-day requirement for when CCHQ must receive Form PHS 1373 “Separation of Commissioned Officer” when an officer was separating from the Commissioned Corps.	Replaces 90 days with 120 days for when CCHQ must receive Form PHS 1373, “Separation of Commissioned Officer,” when an officer separates from the Commissioned Corps.

What is the new retirement structure for officers at different grades?

The new policy establishes a tiered mandatory retirement structure:

The Director, CCHQ, will retire officers at the O-1, O-2, and O-3 grades, on the first day of the month following the completion of 20 years of creditable active-duty service for retirement (provided that the officer has at least 10 years of active commissioned service). If an officer has an Active-Duty Obligation (ADO), the Director will wait until the officer finishes it before retiring the officer.
The Director, CCHQ, will retire an O-4 officer after 20 years of creditable service (and at least 10 years of active commissioned service in the USPHS Commissioned Corps). The Director, CCHQ, can retain O-4 officers (until the competition of 24 years) who meet eligibility criteria if the agency head submits a request.
The Director, CCHQ, will retire an O-5 officer after 26 years of creditable service (and at least 10 years of active commissioned service in the USPHS Commissioned Corps). The Director, CCHQ, can retain O-5 officers (until the competition of 30 years) who meet eligibility criteria if the agency head submits a request.
The Director, CCHQ, will retire an O-6 officer after 30 years of creditable service. The SG can retain O-6 officers who meet eligibility criteria up to their 32^nd year if the Head of the Agency (except for OASH) submits a written request and a Mandatory Retirement Extension Board makes a recommendation to the SG to keep the officer. For OASH officers, the ASH makes the final decision.

The policy also states that “Continued service as an officer after completing 20 years of creditable service that qualifies an officer for retirement is at the discretion of the USPHS Commissioned Corps. After an officer has completed 20 or more years of creditable service, the Director, CCHQ, can retire the officer in accordance with this Instruction.” (See FAQ on involuntary retirement.)

How has the new retirement policy changed the default from retaining retirement eligible officers to retiring them?

Under the old policies, officers could serve beyond 20 creditable years unless there was a specific reason to involuntarily retire the officer (e.g., marginal performance, failure to promote, misconduct, failure to maintain license, lack of suitable assignment, or substantial reduction in funding or staffing levels within the officer’s agency, etc.). Under the new policy, the USPHS Commissioned Corps will retire officers at the specified years of retirement based on their rank unless the agency head requests retention (subject to approval) and the officer meets the eligibility criteria.

What are the criteria for CCHQ to grant an agency’s request for an extension to remain beyond the number of years for a mandatory retirement?

After an agency requests an extension, the USPHS Commissioned Corps will not agree to retain an officer on active duty if the officer:

Does not meet the USPHS Commissioned Corps’ weight standards or health standards;
Is marked as “Not Qualified” for a monthly readiness check two or more times in the 12 months preceding the officer’s mandated retirement date; or more than six times in the five years prior to the officer’s mandated retirement date;
Does not meet the licensure requirement(s) for the officer’s discipline;
Has any outstanding adverse or disciplinary actions within one year prior to the mandated retirement date;
Is missing an annual COER from the past five years or whose most recent COER is marginal or unsatisfactory;
Encumbers a billet that is below the officer’s grade (except if the officer is in a category or grade that is unrestricted or has a specialty that is difficult to recruit);
Has had a grade reduced or rescinded in the previous five years as a result of a board action; or
Has received a non-recommendation for promotion to the next grade by a promotion board.

However, despite the above, the USPHS will retain an officer who is waiting on the outcome of an ongoing investigation or board proceeding. They also do not have to retire an officer who meets a condition listed above if the President or Secretary declares an urgent or emergency public health care need (such as in a time of war or national emergency).

Who can approve the retention of officers beyond their mandatory retirement date?

The Director, CCHQ, may approve an officer who holds the O-4 grade for retention beyond 20 years and an officer who holds the O-5 grade beyond 26 years upon receipt of a request from the Agency Head to do so.

The SG or ASH may approve an officer who holds the O-6 grade for retention on active duty beyond 30 years of creditable service for a regular retirement in up to, but not more than, one-year increments. The SG may approve no more than 1.5 percent of the active-duty strength of the USPHS Commissioned Corps for retention beyond 30 years of creditable service for a regular retirement. In addition, the maximum number of years of creditable service for a regular retirement that the SG may approve will not exceed 32 years, unless approved by the ASH. The Director, CCHQ, may approve the temporary retention of an officer on active duty beyond 30 years of creditable service for a regular retirement for up to six months in order to convene a Mandatory Retirement Extension Board (MREB) and obtain a decision from the SG or ASH.

The Secretary may defer a flag grade officer’s retirement beyond 33 years (for officers who hold the O-7 grade) and 36 years (for officers who hold the O-8 grade).

Is there a mandatory age for retirement?

There no minimum required age at which all officers must retire, but most officers must have a minimum of 20 years of active-duty service before they can request a voluntary retirement. Officers of any rank can voluntarily retire when they hit age 64.

What options are available to the USPHS Commissioned Corps when an officer requests voluntary retirement?

The head of the Agency where the officer serves will make a recommendation on an officer’s request to retire. The Director, CCHQ, would then appoint a Voluntary Retirement Review Board, or approve the retirement request directly (for officers at the O-6 grade and below) or submit the request through the SG and ASH to the Secretary (for flag grade officers). The USPHS Commissioned Corps can restrict retirements when:

An officer has an active service obligation/active-duty obligation;
An officer has not served 10 years in the USPHS Commissioned Corps;
The ASH issues a stop-loss order during a declared urgent or emergency public health care need, in a time of war or an emergency proclaimed by the President, or if the USPHS Commissioned Corps is militarized;
There is an ongoing investigation on the officer (e.g., criminal case); or
The officer is waiting on the outcome of an ongoing investigation such as a Board of Inquiry (BOI), Medical Review Board (MRB), or other disciplinary or board action under CCD 111.02, “Disciplinary Action.”.

However, if the officer has 30 years or more of service or is age 64 or older, the Director will retire the officer within 180 days of receiving the request. (See Flag Grade FAQs for retirement of flag officers.)

When can the USPHS Commissioned Corps convene an Involuntary Retirement Board (IRB)?

The Director, CCHQ, can convene an IRB for O-5 officers with less than 26 years and O-6 officers with less than 30 years of creditable service for retirement, or a flag officer who has not reached their mandatory retirement years of service for a regular retirement, when the officer:

Has committed misconduct (and the misconduct does not warrant convening a Board of Inquiry (BOI) or Courts Martial );
Fails to meet conditions of service or readiness requirements;
Fails to meet license requirements;
Is missing a COER from the past five years, scored marginal/unsatisfactory on the officer’s latest COER, or other documents suggest the officer is performing below expectations;
Has received a not recommend for promotion, had a grade reduced, or if an IRB is indicated in CCI 332.01, “Temporary Promotions,” or CCI 331.01, “Permanent Grade Promotions;
Is part of a reduction in strength in the USPHS Commissioned Corps or funding/staffing cuts at the agency (and CCHQ cannot find another placement);
Is unable to secure an assignment that is commensurate with and appropriate for the officer’s grade and category;
Has remained, for over a year, in a position that is one or more grades below the officer’s grade; or
Meets other criteria for an IRB stated in other policies.

The Director, CCHQ, may approve a request from an officer who holds the CDR/O-5 or CAPT/O-6 grade to voluntarily retire in lieu of an involuntary retirement.

When can the USPHS Commissioned Corps retire an officer without needing review by the IRB?

The USPHS Commissioned Corps may involuntarily retire an officer without a review and recommendation by an IRB when retirement is indicated in the promotion policies and when the officer is retained on active duty after reaching the specified number of years of creditable service for a regular retirement and the officer meets at least one of conditions specified in Section 6-4.a.

What is the policy regarding the retirement for officers who are detailed under an individual memorandum of agreement (IMA)?

Except for officers detailed to international organizations (e.g., World Health Organization (WHO)), the USPHS Commissioned Corps does not authorize an officer who is detailed to a non-HHS organization under an IMA to retire directly from such a detail unless the HHS Secretary has, prior to the officer’s assignment to the non-HHS organization, authorized the officer to retire from the IMA. Otherwise, the officer must return to the HHS OPDIV/ STAFFDIV from which they are detailed at least six months prior to reaching a mandatory retirement date or at least six months prior to the effective date of a voluntary retirement. However, the USPHS Commissioned Corps may involuntarily retire an officer at any time directly from an IMA in accordance with Section 6 4.

Will anything about retirement be different for officers in restricted and non-restricted categories?

No. Retirement has never been affected by restricted/non-restricted categories, except that CCHQ will consider non-restricted categories as difficult-to-fill when CCHQ considers a request for an officer’s retention.

Are retention and extension the same thing?

Yes. The policy uses these terms interchangeably in the context of an officer being retained on active duty (or an active status for members of the Ready Reserve Corps) beyond a mandatory retirement date.

What is the timeline for when parts of this policy take effect?

The tiered portions of this policy takes effect January 2028. Since retirements must start on the 1^st of a month, the first retirements under this policy will take effect 1 February 2028.

The policy also requires officers to submit Form PHS 1373 at least 120 days in advance of an officer’s retirement. This takes effect 1 June 2023. Anyone submitting the form on 1 June 2023 or later can only retire at least 120 days later (1 October for those submitting on 1 June 2023).

The other elements of the policy took effect 9 January 2023.

How do these mandatory retirements compare to the mandatory retirement policies of other services?

The USPHS Commissioned Corps policy is similar to the policy for the military services.

The military determines mandatory retirement/dismissal of ranks below O-5 based on failure to be promoted. 10 U.S. Code § 632 says that the military will retire or dismiss O-3 or O-4 officers “who has failed of selection for promotion to the next higher grade for the second time…” Such officers are discharged or retired or retained until retirement (if eligible to retire within the next two years).

While CCHQ will normally retire O-4s after 20 years, this policy allows Agencies to request the retention of an O-4 officer up to 24 years. This is the same as what 10 U.S Code § 637 “Selection of regular officers for continuation on active duty” allows for the military O-4s.

Similarly, O-5 officers in the military can stay for 28 years and then have a continuation to 30 years after a review by a board. And O-6s in the military may be retained past 30 years after a review by a board.

Retirements in the U.S. Coast Guard are somewhat similar except that O-4 and O-5 grade officers who are not promoted to the O-5 or O-6 grades are retired and if they have less than 20 years of service, they are retained on active duty and retired at 20 years. However, after a review and recommendation of selection board an O-4 officer may be continued on active duty until 24 years and an O-5 officer may be continued on active duty until 26 years. Similarly, O-6s may be retained past 30 years after a review by a selection board.

Leadership chose 26 years as the mandatory retirement point for O-5 officers to balance the similarities with the other services and to allow officers receiving special pay to execute a four-year agreement if retained. This would enable them to maximize their special pay as opposed to only being able to execute a two-year special pay contract after being retained.

Please note that the Department of Defense may have other restrictions on promotion and retention.

What happens if you are over the mandatory retirement timeframe when the new process goes into effect? How much notice will you have to retire in this case? Or must you submit a retirement package in anticipation of the mandatory retirement?

The new mandatory retirement part of this policy goes into effect on 9 January 2028. Officers who know they will be over the mandatory retirement years as of that date must either obtain an extension or submit their retirement package to retire by 1 February 2028. This is effectively your five-year notice. Separations and Assignments Branch will send out a list of those officers who will reach the mandatory retirement date to the agency liaison a year before that retirement date (in this case 1 February 2027). This allows the agency sufficient time to request an extension.

Can an officer who has reached their maximum years of service, and who is serving an unfinished active-duty obligation (ADO) (e.g., Special Pays or training) retire before completing this obligation?

Yes and no. According to the policy, the Director, CCHQ may delay an officer’s retirement when the officer has not completed their ADO (see Section 6-3.d.(1)). However, officers may be able to request a waiver from the ADO depending on the source of the obligation (see specific policies).

If the officer requests a voluntary retirement, can CCHQ deny it?

Yes. Section 6-3., “Voluntary Retirement” says that if an officer requests voluntary retirement after serving 20 years (including 10 years in the USPHS Commissioned Corps), the head of the officer’s agency can recommend that the request be denied, and the Director, CCHQ, can convene a Voluntary Retirement Review Board to recommend keeping or retiring the officer (or the Director may make the decision for officers at or below the O-6 grade.)

When does the provision that CCHQ can retire an officer who has stayed for a year in a billet lower than their grade go into effect?

This part is currently in effect and is similar to the policy since at least 2008. Section 6-4.b.(9) says the Director may refer an O-5, O-6, or flag officer who has not reached their mandatory retirement date to a retirement board if “The officer has remained in a position that is one or more grades below the officer’s grade for over one year.”

However, since the policy says ‘may’ the Director is not obligated to do this and may consider the circumstances around the officer’s position. However, even if the Director does send the officer to a retirement board, the board can choose not to recommend retirement, again based on circumstances.

If you have over 20 years towards retirement, can you be involuntary retired for weight retention requirements?

Yes. If an officer does not meet the readiness requirements, including the weight, standards, CCHQ can involuntarily retire that officer. Depending on the officer’s rank and years of service, CCHQ may need to take the officer to an Involuntary Retirement Board (IRB). However, if the officer is following an approved weight plan, this counts as meeting the weight requirement.

Will the USPHS Commissioned Corps allow people to voluntarily retire, rather than be forced out? For example, will there be a period where the officer will be notified that they are ‘at risk’, and they can go ahead and put in a retirement package?

Yes, see section 6-3., “Voluntary Regular Retirement.” According to this section, “A Regular Corps officer who has 20 or more years of service creditable for a regular retirement may request retirement (see Section 8-2.) before they reach the mandatory years of service creditable for a regular retirement that are outlined in Section 6-2., provided that retirement is not restricted (see Section 6-3.d.). The retirement of such an officer is at the discretion of the USPHS Commissioned Corps.”

And officers at the O-7 and O-8 ranks must serve at least three years at their current rank. Also, officers who have been called before an involuntary retirement board (IRB) can instead choose to retire voluntarily (if they meet the requirements). Section 6-4.g. says, “The Director, CCHQ, may approve a request from an officer who holds the CDR/O-5 or CAPT/O-6 grade to voluntarily retire in lieu of an involuntary retirement under this Section.”

Are extensions cumulative? If an officer obtains a promotion while on an extension, can the officer obtain another extension up to the maximum for the officer’s new grade? For instance, can an officer retained while an O-4 past year 20 be subsequently promoted to an O-5 and then obtain another extension at year 26 for 4 more years?

Yes. If an officer who has been retained (for additional years after the mandatory retirement for that grade) is promoted to a grade with a higher number of years before mandatory retirement, that officer can obtain another extension (assuming the requirements are met) if the total does not exceed the maximum amount of retention for the officer’s current grade.

If my current agency endorses a service extension for four years, can I choose to work for a different agency during the four-year extension? Can I choose to retire before the end of the extension?

The officer must serve for at least two years in the agency that requested the extension before being permitted to transfer unless the ASH approves an earlier transfer.

Officers granted an extension can still retire, but the agency would have to make a recommendation on retirement and CCHQ would have to approve it. However, a Regular Corps officer who has 30 or more years of service creditable for a regular retirement or who is 64 years of age or older may request retirement at any time.

Does service outside the USPHS Commissioned Corps count toward creditable service for retirement?

Yes. Service in other uniformed services count, but to be eligible for retirement from the USPHS Commissioned Corps at least 10 years of an officer’s service must have been with the USPHS Commissioned Corps. In addition, five years of PHS Civil Service time can count toward creditable service for retirement (but it does not count for the 10 years with the USPHS Commissioned Corps requirement.) See the CCMIS Dashboard.

Will there be any consideration to allowing retirement credit for civil service in USDA/FSIS prior to there being an MOU with this agency?

No. While years in the civil service at a PHS agency count towards the years for a Commissioned Corps officer’s retirement, this is not true for other civil services because statute prohibits its inclusion.

How soon do we receive or activate our DD214 in the Officer Secure Area once the whole retirement package is sent to CCHQ? Is the DD214 required to apply for a new job in a government?

An officer must activate the DD214 before they go on terminal leave and before the officer turns in their CAC/PIV card. You can print a draft DD214 from the eOPF in the Officer Secure Area; the final one will be mailed with your flag after you retire.

Can you address how the Blended Retirement System works with the updated policies?

They are totally unrelated. Blended Retirement is a system for calculating your retirement pay when you retire (the other systems are final pay, high three, and redux.) It has nothing to do with when you can or must retire.

FAQs for CCI 384.03, “Mandatory, Voluntary, and Involuntary Retirement”

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