§3382 Involuntary Separation for Retirement

Summary

An air traffic controller who can retire immediately under section 8336 may be involuntarily separated if the Secretary finds it necessary for aviation safety, the efficient control of air traffic, or to protect the controller’s physical or mental health. The usual appeal rules in chapter 75 do not apply. A separation cannot become final without the controller’s consent until the last day of the second month after the controller gets the Secretary’s notice, or, if a review is requested under section 3383, until the last day of the month when a board of review issues its final decision under section 3383(c), whichever is later. The controller is entitled to training under section 3381, and if they choose training, the separation cannot become final until the last day of the month after the training ends.