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33 U.S.C. § 853p to 853r — Repealed.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

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33 U.S.C. § 853p to 853r — Repealed.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).

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Source location: Title 33, Chapter 17, § 853p to 853r; chapter-017-national-oceanic-and-atmospheric-administration.md

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

33 U.S.C. § 3047 — Retired rank and pay held pursuant to other laws unaffected

Nothing in this subchapter shall prevent an officer from being placed on the retired list with the highest rank and with the highest retired pay to which the officer is entitled under any other provision of law.

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

33 U.S.C. § 3022 — Personnel boards

**(a) Convening** Not less frequently than once each year and at such other times as the Secretary determines necessary, the Secretary shall convene a personnel board. **(b) Membership** (1) **In general** — A board convened under subsection (a) shall consist of five or more officers who are serving in or above the permanent grade of the officers under consideration by the board. (2) **Retired officers** — Officers on the retired list may be recalled to serve on such personnel boards as the Secretary considers necessary. (3) **No membership on two successive boards** — No officer may be a member of two successive personnel boards convened to consider officers of the same grade for promotion or separation. **(c) Duties** Each personnel board shall— (1) recommend to the Secretary such changes as may be necessary to correct any erroneous position on the lineal list that was caused by administrative error; and (2) make selections and recommendations to the Secretary and the President for the appointment, promotion, involuntary separation, continuation, and involuntary retirement of officers in the commissioned officer corps of the Administration as prescribed in this chapter. **(d) Action on recommendations not acceptable** If any recommendation by a board convened under subsection (a) is not accepted by the Secretary or the President, the board shall make such further recommendations as the Secretary or the President considers appropriate. **(e) Authority for officers to opt out of promotion consideration** (1) **In general** — The Director of the National Oceanic and Atmospheric Administration Commissioned Officer Corps may provide that an officer, upon the officer’s request and with the approval of the Director, be excluded from consideration for promotion by a

Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 3022

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