Title 33 — Navigation and Navigable Waters
Chapter 43 — National Oceanic and Atmospheric Administration Commissioned Officer Corps
§ 3043. Mandatory retirement for age
Statutory text
Officers below grade of rear admiral (lower half)
Unless retired or separated earlier, each officer on the lineal list of the commissioned corps who is serving in a grade below the grade of rear admiral (lower half) shall be retired or separated (as specified in section 1251(e) of title 10) on the first day of the month following the month in which the officer becomes 62 years of age.
Flag officers
Notwithstanding subsection (a), the President may defer the retirement of an officer serving in a position that carries a grade above captain for such period as the President considers advisable, but such a deferment may not extend beyond the first day of the month following the month in which the officer becomes 64 years of age.
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.
Pub. L. 107–372 title II § 243 · 116 Stat. 3078
Enacted · 33 U.S.C. § 3043
Pub. L. 107–372, title II, § 243, Dec. 19, 2002, 116 Stat. 3089
Source evidence
Code source credit
Pub. L. 107–372, title II, § 243, Dec. 19, 2002, 116 Stat. 3089Enacted provision · exact public law section
SEC. 243. MANDATORY RETIREMENT FOR AGE. (a) Officers Below Grade of Rear Admiral (Lower Half).— Unless retired or separated earlier, each officer on the lineal list of the commissioned corps who is serving in a grade below the grade of rear admiral (lower half) shall be retired on the first day of the month following the month in which the officer becomes 62 years of age. (b) Flag Officers.— Notwithstanding subsection (a), the President may defer the retirement of an officer serving in a position that carries a grade above captain for such period as the President considers advisable, but such a deferment may not extend beyond the first day of the month following the month in which the officer becomes 64 years of age.Don Young Coast Guard Authorization Act of 2022
Pub. L. 117–263 div. K title CXVII § 11705(b) · 136 Stat. 2395
Substituted · 33 U.S.C. § 3043(a)
Pub. L. 117–263 substituted “be retired or separated (as specified in section 1251(e) of title 10)” for “be retired”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 117–263 substituted “be retired or separated (as specified in section 1251(e) of title 10)” for “be retired”.Enacted provision · exact public law section
(b) Retirement for Age.— Section 243(a) of that Act (33 U.S.C. 3043(a)) is amended by striking “be retired” and inserting “be retired or separated (as specified in section 1251(e) of title 10, United States Code)”.
2 of 2 references resolved to an enrolled provision
Editorial Notes
Prior Provisions
Provisions similar to those in this section were contained in section 853k of this title prior to repeal by Pub. L. 107–372.
Amendments
2022—Subsec. (a). Pub. L. 117–263 substituted “be retired or separated (as specified in section 1251(e) of title 10)” for “be retired”.
Executive Documents
Delegation of Functions
Functions of President under subsec. (b) of this section delegated to Secretary of Commerce by section 1(e) of Ex. Ord. No. 11023, , 27 F.R. 5131, as amended, set out as a note under section 301 of Title 3, The President.
Credits
2002–2022 · 2 acts
- 2002Pub. L. 107–372, title II, § 243, , 116 Stat. 3089
- 2022Pub. L. 117–263, div. K, title CXVII, § 11705(b), , 136 Stat. 4157.
Show as published
(Pub. L. 107–372, title II, § 243, , 116 Stat. 3089; Pub. L. 117–263, div. K, title CXVII, § 11705(b), , 136 Stat. 4157.)