2011 US Code
Title 33 - Navigation and Navigable Waters
Chapter 43 - NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION COMMISSIONED OFFICER CORPS (§§ 3001 - 3076)
Subchapter III - SEPARATION AND RETIREMENT OF OFFICERS (§§ 3041 - 3049)
Section 3041 - Involuntary retirement or separation
View Metadata| Publication Title | United States Code, 2006 Edition, Supplement 5, Title 33 - NAVIGATION AND NAVIGABLE WATERS |
| Category | Bills and Statutes |
| Collection | United States Code |
| SuDoc Class Number | Y 1.2/5: |
| Contained Within | Title 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 43 - NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION COMMISSIONED OFFICER CORPS SUBCHAPTER III - SEPARATION AND RETIREMENT OF OFFICERS Sec. 3041 - Involuntary retirement or separation |
| Contains | section 3041 |
| Date | 2011 |
| Laws in Effect as of Date | January 3, 2012 |
| Positive Law | No |
| Disposition | standard |
| Source Credit | Pub. L. 107-372, title II, §241, Dec. 19, 2002, 116 Stat. 3088. |
| Statutes at Large Reference | 116 Stat. 3088 |
| Public Law References | Public Law 107-372 |
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As recommended by a personnel board convened under section 3022 of this title—
(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) ComputationsIn any fiscal year, the total number of officers selected for retirement or separation under subsection (a) of this section 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 separationsA retirement or separation under subsection (a) of this section 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.
(Pub. L. 107–372, title II, §241, Dec. 19, 2002, 116 Stat. 3088.)
Prior ProvisionsProvisions similar to those in this section were contained in section 853g of this title prior to repeal by Pub. L. 107–372.
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