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33 U.S.C. § 3042 — Separation pay

Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 3042 — Separation pay

**(a) Authorization of payment** An officer who is separated under [section 3041(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section3041/a/2&num=0&edition=prelim) and who has completed more than three years of continuous active service immediately before that separation is entitled to separation pay computed under subsection (b) unless the Secretary determines that the conditions under which the officer is separated do not warrant payment of that pay. **(b) Amount of separation pay** (1) **Six or more years** — In the case of an officer who has completed six or more years of continuous active service immediately before that separation, the amount of separation pay to be paid to the officer under this section is 10 percent of the product of— (A) the years of active service creditable to the officer; and (B) 12 times the monthly basic pay to which the officer was entitled at the time of separation. (2) **Three to six years** — In the case of an officer who has completed three or more but fewer than six years of continuous active service immediately before that separation, the amount of separation pay to be paid to the officer under this section is one-half of the amount computed under paragraph (1). **(c) Other conditions, requirements, and administrative provisions** The provisions of subsections (f), (g), and (h) of [section 1174 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1174&num=0&edition=prelim) shall apply to separation pay under this section in the same manner as such provisions apply to separation pay under that section. **(d) Exception** An officer discharged for twice failing selection for promotion to the next higher grade is not entitled to separation pay und

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Stable record: federal_law:legal_authorities:record_usc_3b716b13fdd4a85776a7fc5a
Source file: Laws/federal/codes/united-states-code/title-33/section-3042-separation-pay--81039922a9.md
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Source location: Title 33, Chapter 43, § 3042; chapter-043-national-oceanic-and-atmospheric-administration-commissioned-officer-corps.md

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**(a) Authorization of payment** An officer who is separated under [section 3041(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section3041/a/2&num=0&edition=prelim) and who has completed more than three years of continuous active service immediately before that separation is entitled to separation pay computed under subsection (b) unless the Secretary determines that the conditions under which the officer is separated do not warrant payment of that pay. **(b) Amount of separation pay** (1) **Six or more years** — In the case of an officer who has completed six or more years of continuous active service immediately before that separation, the amount of separation pay to be paid to the officer under this section is 10 percent of the product of— (A) the years of active service creditable to the officer; and (B) 12 times the monthly basic pay to which the officer was entitled at the time of separation. (2) **Three to six years** — In the case of an officer who has completed three or more but fewer than six years of continuous active service immediately before that separation, the amount of separation pay to be paid to the officer under this section is one-half of the amount computed under paragraph (1). **(c) Other conditions, requirements, and administrative provisions** The provisions of subsections (f), (g), and (h) of [section 1174 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1174&num=0&edition=prelim) shall apply to separation pay under this section in the same manner as such provisions apply to separation pay under that section. **(d) Exception** An officer discharged for twice failing selection for promotion to the next higher grade is not entitled to separation pay under this section if the officer— (1) expresses a desire not to be selected for promotion; or (2) requests removal from the list of selectees.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 1174 — Separation pay upon involuntary discharge or release from active duty

**(a) Regular Officers.—** (1) A regular officer who is discharged under chapter 36 of this title (except under section 630(1)(A) or 643 of such chapter) or under section 580 or 8372 of this title and who has completed six or more, but less than twenty, years of active service immediately before that discharge is entitled to separation pay computed under subsection (d)(1). (2) A regular commissioned officer of the Army, Navy, Air Force or Marine Corps who is discharged under section 630(1)(A), 643, or 1186 of this title, and a regular warrant officer of the Army, Navy, Air Force or Marine Corps who is separated under section 1165 or 1166 of this title, who has completed six or more, but less than twenty, years of active service immediately before that discharge or separation is entitled to separation pay computed under subsection (d)(1) or (d)(2), as determined by the Secretary of the military department concerned, unless the Secretary concerned determines that the conditions under which the officer is discharged or separated do not warrant payment of such pay. (3) Notwithstanding paragraphs (1) and (2), an officer discharged under any provision of chapter 36 of this title for twice failing of selection for promotion to the next higher grade is not entitled to separation pay under this section if either (or both) of those failures of selection for promotion was by the action of a selection board to which the officer submitted a request in writing not to be selected for promotion or who otherwise directly caused his nonselection through written communication to the Board under [section 614(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section614/b&num=0&edition=prelim). (4) Notwithstanding paragraphs (1) and (2), an officer wh

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 853a to 853l — Repealed. Pub. L. 107–372, title II, § 271(1), Dec. 19, 2002, 116 Stat. 3094

### Statutory Notes Section 853a, acts June 3, 1948, ch. 390, § 2, 62 Stat. 297; Pub. L. 87–233, § 1(a), Sept. 14, 1961, 75 Stat. 506; 1965 Reorg. Plan No. 2, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090; Pub. L. 105–384, title III, § 307(a), Nov. 13, 1998, 112 Stat. 3457, related to authorized numbers of commissioned officers on the active list of the National Oceanic and Atmospheric Administration. See sections 3004 and 3005 of this title. Section 853b, act June 3, 1948, ch. 390, § 3, 62 Stat. 298, related to promotion by selection to grades above lieutenant. See [section 3024 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section3024&num=0&edition=prelim). Section 853c, act June 3, 1948, ch. 390, § 4, 62 Stat. 298, related to promotion to the grade of lieutenant and lieutenant commander upon completion of seven and fourteen years of service, respectively. Section 853d, act June 3, 1948, ch. 390, § 5, 62 Stat. 298, related to promotion to the grade of commander and captain after completion of twenty-one and thirty years of service, respectively. Section 853e, acts June 3, 1948, ch. 390, § 6, 62 Stat. 298; June 21, 1955, ch. 172, § 4(a), 69 Stat. 169; Pub. L. 87–233, § 1(b), Sept. 14, 1961, 75 Stat. 506, related to promotion and separation from service of ensigns. See [section 3023 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section3023&num=0&edition=prelim). Section 853f, act June 3, 1948, ch. 390, § 7, 62 Stat. 298, related to length of service for purposes of promotion. See [section 3025 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section3025&num=0&edition=prelim). Sect

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 3042 — Separation pay

Page 939 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 3044 Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 853g of this title prior to repeal by Pub. L. 107–372. AMENDMENTS 2022—Subsec. (a)(1). Pub. L. 117–263 amended par. (1) generally. Prior to amendment, par. (1) read as follows: ‘‘an officer in the permanent grade of captain or com- mander may be transferred to the retired list; and’’. 2020—Subsec. (d). Pub. L. 116–259 added subsec. (d). § 3042. Separation pay (a) Authorization of payment An officer who is separated under section 3041(a)(2) of this title and who has completed more than three years of continuous active serv- ice immediately before that separation is enti- tled to separation pay computed under sub- section (b) unless the Secretary determines that the conditions under which the officer is sepa- rated do not warrant payment of that pay. (b) Amount of separation pay (1) Six or more years In the case of an officer who has completed six or more years of continuous active service immediately before that separation, the amount of separation pay to be paid to the of- ficer under this section is 10 percent of the product of— (A) the years of active service creditable to the officer; and (B) 12 times the monthly basic pay to which the officer was entitled at the time of separation. (2) Three to six years In the case of an officer who has completed three or more but fewer than six years of con- tinuous active service immediately before that separation, the amount of separation pay to be paid to the officer under this section is one- half of the amount computed under paragraph (1). (c) Other conditions, requirements, and adminis- trative provisions The provisions of subsec

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