§3042 — Title 33 Navigation and Navigable Waters | U.S. Code

Summary

Gives separation pay to officers who are separated for the covered reasons and who have completed more than three years of continuous active service, unless the Secretary decides the circumstances do not deserve payment. If an officer has six or more years of continuous active service, the pay is 10% of (years of service × 12 × the monthly basic pay at separation). If the officer has three or more but fewer than six years, the pay is half that amount. Three specific rules in another federal law (subsections (f), (g), and (h)) apply to this separation pay the same way they apply elsewhere. An officer discharged for twice failing selection for promotion cannot get this pay if the officer said they did not want promotion or asked to be removed from the promotion list.

Title 33, §3042

Navigation and Navigable Waters — Source: USLM XML via OLRC

(a)An officer who is separated under section 3041(a)(2) of this title and who has completed more than three years of continuous active service immediately before that separation is entitled to separation pay computed under subsection (b) unless the Secretary determines that the conditions under which the officer is separated do not warrant payment of that pay.

(b)(1)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 officer 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)In the case of an officer who has completed three or more but fewer than six years of continuous 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)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)An officer discharged for twice failing selection 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 selectees.

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained 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).

§3042 Separation pay

Summary

Title 33, §3042

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Amendments

Citations & Metadata