2015 US Code
Title 33 - Navigation and Navigable Waters (Sections 1 - 4009)
Chapter 43 - National Oceanic and Atmospheric Administration Commissioned Officer Corps (Sections 3001 - 3076)
Subchapter III - Separation and Retirement of Officers (Sections 3041 - 3049)
Sec. 3042 - Separation pay
|Publication Title||United States Code, 2012 Edition, Supplement 3, 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. 3042 - Separation pay
|Laws In Effect As Of Date||January 3, 2016|
|Source Credit||Pub. L. 107-372, title II, §242, Dec. 19, 2002, 116 Stat. 3088.|
|Statutes at Large Reference||116 Stat. 3088|
|Public and Private Law||Public Law 107-372|
§3042. Separation pay
(a) Authorization of payment
An officer who is separated under section 3041(a)(2) of this title 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) of this section 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
The provisions of subsections (f), (g), and (h) of section 1174 of title 10 shall apply to separation pay under this section in the same manner as such provisions apply to separation pay under that section.
(Pub. L. 107–372, title II, §242, Dec. 19, 2002, 116 Stat. 3088.)
Provisions similar to those in this section were contained in section 853h of this title prior to repeal by Pub. L. 107–372.
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