2018 US Code
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

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Citation 33 U.S.C. § 3041 (2018)
Section Name §3041. Involuntary retirement or separation
Section Text (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) 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) 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.

Source Credit

(Pub. L. 107–372, title II, §241, Dec. 19, 2002, 116 Stat. 3088.)

Editorial Notes 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.

Publication Title United States Code, 2018 Edition, 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 2018
Laws In Effect As Of Date January 14, 2019
Positive Law No
Disposition standard
Statutes at Large References 116 Stat. 3088
Public Law References Public Law 107-372
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