§ 3041. Involuntary retirement or separation

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2002

   Pub. L. 107–372 title II § 241 · 116 Stat. 3078

   Enacted · 33 U.S.C. § 3041

   Pub. L. 107–372, title II, § 241, Dec. 19, 2002, 116 Stat. 3088

   Source evidence

   Code source credit
   Pub. L. 107–372, title II, § 241, Dec. 19, 2002, 116 Stat. 3088

   Enacted provision · exact public law section
   SEC. 241. INVOLUNTARY RETIREMENT OR SEPARATION. (a) Transfer of Officers to Retired List; Separation From Service.— 33 USC 3041. As recommended by a personnel board convened under section 222— (1) an officer in the permanent grade of captain or commander may be transferred to the retired list; and (2) an officer in the permanent grade of lieutenant commander, lieutenant, or lieutenant (junior grade) who is not qualified for retirement may be separated from the service. (b) Computations.— In any fiscal year, the total number of officers selected for retirement or separation under subsection (a) plus the number of officers retired for age may not exceed the whole number nearest 4 percent of the total number of officers authorized to be on the active list, except as otherwise provided by law. (c) Effective Date of Retirements and Separations.— A retirement or separation under subsection (a) shall take effect on the first day of the sixth month beginning after the date on which the Secretary approves the retirement or separation, except that if the officer concerned requests an earlier retirement or separation date, the date shall be as determined by the Secretary.

2. 2020

   National Oceanic and Atmospheric Administration Commissioned Officer Corps Amendments Act of 2020

   Pub. L. 116–259 title IV § 401 · 134 Stat. 1153

   Added · 33 U.S.C. § 3041(d)

   Pub. L. 116–259 added subsec. (d)

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 116–259 added subsec. (d).

   Enacted provision · exact public law section
   SEC. 401. INVOLUNTARY RETIREMENT OR SEPARATION.   Section 241 (33 U.S.C. 3041) is amended by adding at the end the following: “(d) Deferment of Retirement or Separation for Medical Reasons.— “(1) In general.— If the Secretary determines that the evaluation of the medical condition of an officer requires hospitalization or medical observation that cannot be completed with confidence in a manner consistent with the officer’s well-being before the date on which the officer would otherwise be required to retire or be separated under this section, the Secretary may defer the retirement or separation of the officer. “(2) Consent required.— A deferment may only be made with the written consent of the officer involved. If the officer does not provide written consent to the deferment, the officer shall be retired or separated as scheduled. “(3) Limitation.— A deferment of retirement or separation under this subsection may not extend for more than 30 days after completion of the evaluation requiring hospitalization or medical observation.” .

3. 2022

   Don Young Coast Guard Authorization Act of 2022

   Pub. L. 117–263 div. K title CXVII § 11705(a) · 136 Stat. 2395

   Amended · 33 U.S.C. § 3041(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 commander may be transferred to the retired list; and”

   Source evidence

   Code amendment note
   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 commander may be transferred to the retired list; and”.

   Enacted provision · exact public law section
   (a) Involuntary Retirement or Separation.— Section 241(a)(1) of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 (33 U.S.C. 3041(a)(1)) is amended to read as follows: “(1) an officer in the permanent grade of captain or commander may— “(A) except as provided by subparagraph (B), be transferred to the retired list; or “(B) if the officer is not qualified for retirement, be separated from service; and” .

4. 2025

   Pub. L. 119–60 div. H title LXXXIV § 8406 · 139 Stat. 1913

   Amended · 33 U.S.C. § 3041(c)

   Pub. L. 119–60 amended subsec. (c) generally. Prior to amendment, text read as follows: “A retirement or separation under subsection (a) shall take effect on the first day of the sixth month beginning after the date on which the Secretary approves the retirement or separation, except that if the officer concerned requests an earlier retirement or separation date, the date shall be as determined by the Secretary.”

   Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 119–60 amended subsec. (c) generally. Prior to amendment, text read as follows: “A retirement or separation under subsection (a) shall take effect on the first day of the sixth month beginning after the date on which the Secretary approves the retirement or separation, except that if the officer concerned requests an earlier retirement or separation date, the date shall be as determined by the Secretary.”

3 of 4 references resolved to an enrolled provision · 1 unresolved