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33 U.S.C. § 3046 — Retired grade and retired pay

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

33 U.S.C. § 3046 — Retired grade and retired pay

Each officer retired pursuant to law shall be placed on the retired list with the highest grade satisfactorily held by that officer while on active duty including active duty pursuant to recall, under permanent or temporary appointment, and shall receive retired pay based on such highest grade, if— (1) the officer’s performance of duty in such highest grade has been satisfactory, as determined by the Secretary of the department or departments under whose jurisdiction the officer served; and (2) unless retired for disability, the officer’s length of service in such highest grade is no less than that required by the Secretary of officers retiring under permanent appointment in that grade.

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Stable record: federal_law:legal_authorities:record_usc_81e0c5fbf75bef69fc5a13f2
Source file: Laws/federal/codes/united-states-code/title-33/section-3046-retired-grade-and-retired-pay--909bab7ec3.md
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Passage SHA-256: c77982fc92cfea92900987192331b1502b11303b355f8520a2557aff99c46b32

Source location: Title 33, Chapter 43, § 3046; chapter-043-national-oceanic-and-atmospheric-administration-commissioned-officer-corps.md

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Each officer retired pursuant to law shall be placed on the retired list with the highest grade satisfactorily held by that officer while on active duty including active duty pursuant to recall, under permanent or temporary appointment, and shall receive retired pay based on such highest grade, if— (1) the officer’s performance of duty in such highest grade has been satisfactory, as determined by the Secretary of the department or departments under whose jurisdiction the officer served; and (2) unless retired for disability, the officer’s length of service in such highest grade is no less than that required by the Secretary of officers retiring under permanent appointment in that grade.

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

33 U.S.C. § 853p to 853r — Repealed.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

### Statutory Notes Section 853p, act June 3, 1948, ch. 390, § 17, 62 Stat. 300, provided that retired pay be based on highest rank held. See [section 3046 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section3046&num=0&edition=prelim). Section 853q, act June 3, 1948, ch. 390, § 18, 62 Stat. 300, provided that Coast and Geodetic Survey Commissioned Officers’ Act of 1948 would not affect retired rank and pay held pursuant to other laws. See [section 3047 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section3047&num=0&edition=prelim). Section 853r, act June 3, 1948, ch. 390, § 19, 62 Stat. 300, related to personnel board. See [section 3022 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section3022&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 853p to 853r

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

33 U.S.C. § 856 to 857–5 — Repealed. Pub. L. 107–372, title II, § 271(3), (4), Dec. 19, 2002, 116 Stat. 3094

### Statutory Notes Section 856, acts May 22, 1917, ch. 20, § 16, 40 Stat. 88; June 21, 1955, ch. 172, § 2(b), 69 Stat. 169; 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, related to relative rank of National Oceanic and Atmospheric Administration officers when serving with Army, Navy, or Air Force. See [section 3062 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section3062&num=0&edition=prelim). Section 857, acts May 22, 1917, ch. 20, § 16, 40 Stat. 88; Aug. 1, 1956, ch. 837, title V, § 501(d)(1), 70 Stat. 883; 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. 102–54, § 13(m)(2), June 13, 1991, 105 Stat. 277, related to service of commissioned officers of the National Oceanic and Atmospheric Administration for purposes of servicemen’s and veterans’ benefits. See [section 3072 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section3072&num=0&edition=prelim). Section 857–1, Pub. L. 91–621, § 1, Dec. 31, 1970, 84 Stat. 1863, related to applicable definitions. See [section 3002 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section3002&num=0&edition=prelim). Section 857–2, Pub. L. 91–621, § 2, Dec. 31, 1970, 84 Stat. 1863, related to retirement grade and pay. See [section 3046 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section3046&num=0&edition=prelim). Section 857–3, Pub. L. 91–621, § 3, Dec. 31, 1970, 84 Stat. 1863; Pub. L. 98–498, title III, § 310(a), Oct. 19, 1984, 98 Stat. 2306; Pub. L. 102–54, § 13(m)(3), June 13,

Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 856 to 857–5

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

33 U.S.C. § 3046 — Retired grade and retired pay

Page 940 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 3045 § 3045. Computation of retired pay (a) Officers first becoming members before Sep- tember 8, 1980 Each officer on the retired list who first be- came a member of a uniformed service before September 8, 1980, shall receive retired pay at the rate determined by multiplying— (1) the retired pay base determined under section 1406(g) of title 10; by (2) the retired pay multiplier determined under section 1409 of such title for the number of years of service that may be credited to the officer under section 1405 of such title as if the officer’s service were service as a member of the Armed Forces. The retired pay so computed may not exceed 75 percent of the retired pay base. (b) Officers first becoming members on or after September 8, 1980 Each officer on the retired list who first be- came a member of a uniformed service on or after September 8, 1980, shall receive retired pay at the rate determined by multiplying— (1) the retired pay base determined under section 1407 of title 10; by (2) the retired pay multiplier determined under section 1409 of such title for the number of years of service that may be credited to the officer under section 1405 of such title as if the officer’s service were service as a member of the Armed Forces. (c) Treatment of full and fractional parts of months in computing years of service (1) In general In computing the number of years of service of an officer for the purposes of subsection (a)— (A) each full month of service that is in addition to the number of full years of serv- ice creditable to the officer shall be credited as 1⁄12 of a year; and (B) any remaining fractional part of a month shall be disregarded. (2) Rounding Retired pay computed under th

Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 3046

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