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2012 U.S. 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

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Metadata
Publication TitleUnited States Code, 2012 Edition, Title 33 - NAVIGATION AND NAVIGABLE WATERS
CategoryBills and Statutes
CollectionUnited States Code
SuDoc Class NumberY 1.2/5:
Contained WithinTitle 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
Containssection 3041
Date2012
Laws in Effect as of DateJanuary 15, 2013
Positive LawNo
Dispositionstandard
Source CreditPub. L. 107-372, title II, §241, Dec. 19, 2002, 116 Stat. 3088.
Statutes at Large Reference116 Stat. 3088
Public Law ReferencesPublic Law 107-372

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SEPARATION AND RETIREMENT OF OFFICERS - 33 U.S.C. § 3041 (2012)
§3041. Involuntary retirement or separation (a) Transfer of officers to retired list; separation from service

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) Computations

In 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 separations

A 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 Provisions

Provisions 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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