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 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.