33 U.S.C. § 3044 — Retirement for length of service

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 subsections (f), (g), and (h) of section 1174 of title 10 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 selec- tion 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 select- ees. (Pub. L. 107–372, title II, § 242, Dec. 19, 2002, 116 Stat. 3088; Pub. L. 116–259, title IV, § 402, Dec. 23, 2020, 134 Stat. 1178.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 853h of this title prior to repeal by Pub. L. 107–372. AMENDMENTS 2020—Subsec. (d). Pub. L. 116–259 added subsec. (d). § 3043. Mandatory retirement for age (a) Officers below grade of rear admiral (lower half) Unless retired or separated earlier, each offi- cer 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) 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. (Pub. L. 107–372, title II, § 243, Dec. 19, 2002, 116 Stat. 3089; Pub. L. 117–263, div. K, title CXVII, § 11705(b), Dec. 23, 2022, 136 Stat. 4157.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 853k of this title prior to repeal by Pub. L. 107–372. AMENDMENTS 2022—Subsec. (a). Pub. L. 117–263 substituted ‘‘be re- tired or separated (as specified in section 1251(e) of title 10)’’ for ‘‘be retired’’. Executive Documents DELEGATION OF FUNCTIONS Functions of President under subsec. (b) of this sec- tion delegated to Secretary of Commerce by section 1(e) of Ex. Ord. No. 11023, May 28, 1962, 27 F.R. 5131, as amended, set out as a note under section 301 of Title 3, The President. § 3044. Retirement for length of service An officer who has completed 20 years of serv- ice, of which at least 10 years was service as a commissioned officer, may at any time there- after, upon application by such officer and in the discretion of the President, be placed on the retired list. (Pub. L. 107–372, title II, § 244, Dec. 19, 2002, 116 Stat. 3089.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 853l of this title prior to repeal by Pub. L. 107–372. Executive Documents DELEGATION OF FUNCTIONS Functions of President under this section delegated to Secretary of Commerce by section 1(f) of Ex. Ord. No. 11023, May 28, 1962, 27 F.R. 5131, as amended, set out as a note under section 301 of Title 3, The President. 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 this section, if not a multiple of $1, shall be rounded to the next lower multiple of $1. (Pub. L. 107–372, title II, § 245, Dec. 19, 2002, 116 Stat. 3089; Pub. L. 114–92, div. A, title VI, § 631(c)(3), Nov. 25, 2015, 129 Stat. 844.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 853o of this title prior to repeal by Pub. L. 107–372. AMENDMENTS 2015—Subsec. (a)(2). Pub. L. 114–92 amended par. (2) generally. Prior to amendment, par. (2) read as follows: ‘‘21⁄2 percent of 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.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT; IMPLEMENTATION Amendment by Pub. L. 114–92 effective Jan. 1, 2018, with certain implementation requirements, see section 635 of Pub. L. 114–92, set out as a note under section 8432 of Title 5, Government Organization and Employees. § 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 ac- tive duty including active duty pursuant to re- call, under permanent or temporary appoint- ment, 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 deter- mined by the Secretary of the department or departments under whose jurisdiction the offi- cer 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 of- ficers retiring under permanent appointment in that grade. (Pub. L. 107–372, title II, § 246, Dec. 19, 2002, 116 Stat. 3090.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in sections 853p and 857–2 of this title prior to re- peal by Pub. L. 107–372. § 3047. Retired rank and pay held pursuant to other laws unaffected Nothing in this subchapter shall prevent an of- ficer 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. (Pub. L. 107–372, title II, § 247, Dec. 19, 2002, 116 Stat. 3090.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 853q of this title prior to repeal by Pub. L. 107–372. § 3048. Continuation on active duty; deferral of retirement The provisions of subchapter IV of chapter 36 of title 10 relating to continuation on active duty and deferral of retirement shall apply to commissioned officers of the Administration. (Pub. L. 107–372, title II, § 248, Dec. 19, 2002, 116 Stat. 3090.) § 3049. Recall to active duty The provisions of chapter 39 of title 10 relating to recall of retired officers to active duty, in- cluding the limitations on such recalls, shall apply to commissioned officers of the Adminis- tration. (Pub. L. 107–372, title II, § 249, Dec. 19, 2002, 116 Stat. 3090.)