Browse Arkansas Code titles and sections
33 U.S.C. § 3042 — Separation pay
Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 3042
Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.
Original supplied file — preserved unchanged
Download original Markdown file
File SHA-256: 2c5efe2bb6ede5c4fb740dec37774eec24d49f36856d46ac9fa5c42008cbe63a. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: historical or unconfirmed source not current law verified.
Open the recorded source website ↗
Record provenance
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
Pages: Not recorded – Not recorded
Passage SHA-256: 39e246ba149df30f31cada29a0d7660ecd701c3b17a1122954f461d0407faf18
Source location: Title 33, Chapter 43, § 3042; chapter-043-national-oceanic-and-atmospheric-administration-commissioned-officer-corps.md
Stored source content
**(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.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1174
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
### 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
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 853a to 853l
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
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
Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 3042
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.