33 U.S.C. § 3042

Current through P.L. 118-107 (published on www.congress.gov on 11/21/2024)

Section 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 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) 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 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.

33 U.S.C. § 3042

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 PROVISIONSProvisions similar to those in this section were contained in section 853h of this title prior to repeal by Pub. L. 107-372.

AMENDMENTS2020-Subsec. (d). Pub. L. 116-259 added subsec. (d).