(a) Officers below grade of rear admiral (lower half) Unless retired or separated earlier, each officer on the lineal list of the commissioned corps who is serving in a grade below the grade of rear admiral (lower half) shall be retired or separated (as specified in section 1251(e) of title 10 ) on the first day of the month following the month in which the officer becomes 62 years of age. (b) Flag officers Notwithstanding subsection (a), the President may defer the retirement of an officer serving in a position that carries a grade above captain for such period as the President considers advisable, but such a deferment may not extend beyond the first day of the month following the month in which the officer becomes 64 years of age. ( Pub. L. 107–372, title II, § 243 , Dec. 19, 2002 , 116 Stat. 3089 ; Pub. L. 117–263, div. K, title CXVII, § 11705(b) , Dec. 23, 2022 , 136 Stat. 4157 .) Editorial Notes Prior Provisions Provisions similar to those in this section were contained in section 853k of this title prior to repeal by Pub. L. 107–372 . Amendments 2022—Subsec. (a). Pub. L. 117–263 substituted “be retired or separated (as specified in section 1251(e) of title 10 )” for “be retired”. Executive Documents Delegation of Functions Functions of President under subsec. (b) of this section delegated to Secretary of Commerce by section 1(e) of Ex. Ord. No. 11023 , May 28, 1962 , 27 F.R. 5131 , as amended, set out as a note under section 301 of Title 3 , The President.