33 U.S.C. § 3042: Separation pay

Summary

An officer separated under section 3041(a)(2) who has more than three years of continuous active service right before that separation can get separation pay, unless the Secretary decides the circumstances do not justify payment. If the officer has six or more years, the pay equals 10% of (the officer’s years of creditable active service multiplied by 12 and then by the monthly basic pay at separation). If the officer has three or more but fewer than six years, the pay is one-half of that amount. The same administrative rules in 10 U.S.C. 1174(f)–(h) apply to this pay. An officer discharged for twice failing selection for promotion cannot get the pay if the officer said they did not want to be selected or asked to be removed from the list of selectees.

Title 33, §3042

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(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 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)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 officer under this section is 10 percent of the product of— (A)

(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 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)Other conditions, requirements, and administrative 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 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