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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 10:51:44 -04:00

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LegalText 33 U.S.C. § 3042 Separation pay us united_states_code code_section 33 NAVIGATION AND NAVIGABLE WATERS 43 NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION COMMISSIONED OFFICER CORPS 3042 33 U.S.C. § 3042 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc33@119-100.zip /us/usc/t33/s3042 data/legal/raw/us/code/title-33/usc33.xml 13572d279184dce9f3c9dfb57bdf7c2dd044871e3dae88c7417d3153c3a2659d de3d130b31eae77f8c0fc593f61b7287899297718d678d500eea123559828523 70ee7cec7775ed455969366d17d789e42a3b26a4ed9f93fc7d922158c21020c7 2026-07-04 official
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33 U.S.C. § 3042 - Separation pay

Text

(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) 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.

(d) Exception An officer discharged for twice failing selection for promotion to the next higher grade is not entitled to separation pay under this section if the officer—

(1) expresses a desire not to be selected for promotion; or

(2) requests removal from the list of selectees.

(Pub. L. 107372, title II, § 242, Dec. 19, 2002, 116 Stat. 3088; Pub. L. 116259, title IV, § 402, Dec. 23, 2020, 134 Stat. 1178.)

Notes

Editorial Notes

Prior ProvisionsProvisions similar to those in this section were contained in section 853h of this title prior to repeal by Pub. L. 107372.

Amendments2020—Subsec. (d). Pub. L. 116259 added subsec. (d).