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33 U.S.C. § 3043 — Mandatory retirement for age

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

33 U.S.C. § 3043 — Mandatory retirement for age

**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1251/e&num=0&edition=prelim)) 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.

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Source location: Title 33, Chapter 43, § 3043; chapter-043-national-oceanic-and-atmospheric-administration-commissioned-officer-corps.md

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

3 U.S.C. § 301 — General authorization to delegate functions; publication of delegations

The President of the United States is authorized to designate and empower the head of any department or agency in the executive branch, or any official thereof who is required to be appointed by and with the advice and consent of the Senate, to perform without approval, ratification, or other action by the President (1) any function which is vested in the President by law, or (2) any function which such officer is required or authorized by law to perform only with or subject to the approval, ratification, or other action of the President: Provided, That nothing contained herein shall relieve the President of his responsibility in office for the acts of any such head or other official designated by him to perform such functions. Such designation and authorization shall be in writing, shall be published in the Federal Register, shall be subject to such terms, conditions, and limitations as the President may deem advisable, and shall be revocable at any time by the President in whole or in part.

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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. § 3043 — Mandatory retirement for age

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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