§ 3042. Separation pay

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 § 242 · 116 Stat. 3078

   Enacted · 33 U.S.C. § 3042

   Pub. L. 107–372, title II, § 242, Dec. 19, 2002, 116 Stat. 3088

   Source evidence

   Code source credit
   Pub. L. 107–372, title II, § 242, Dec. 19, 2002, 116 Stat. 3088

   Enacted provision · exact public law section
   SEC. 242. SEPARATION PAY. (a) Authorization of Payment.— An officer who is separated under section 241(a)(2) 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.— Applicability. The provisions of subsections (f), (g), and (h) of section 1174 of title 10, United States Code, shall apply to separation pay under this section in the same manner as such provisions apply to separation pay under that section.

2. 2020

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

   Pub. L. 116–259 title IV § 402 · 134 Stat. 1153

   Added · 33 U.S.C. § 3042(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. 402. SEPARATION PAY.   Section 242 (33 U.S.C. 3042) is amended by adding at the end the following: “(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.” .

2 of 2 references resolved to an enrolled provision