Fabio
76b8ec33a7
Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 -> 59,740; repo total 105,704 records. Deterministic (byte-identical rerun, verified on Title 42's 8,356 sections); make check green. make legal-us-code default now covers every title. Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
60 lines
3.0 KiB
Markdown
60 lines
3.0 KiB
Markdown
---
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type: "LegalText"
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title: "33 U.S.C. § 3042"
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description: "Separation pay"
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jurisdiction: "us"
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corpus: "united_states_code"
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kind: "code_section"
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title_number: 33
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title_name: "NAVIGATION AND NAVIGABLE WATERS"
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chapter_number: "43"
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chapter_name: "NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION COMMISSIONED OFFICER CORPS"
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section: "3042"
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citation: "33 U.S.C. § 3042"
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status: "current"
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release_point: "119-100"
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release_date: "2026-06-26"
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source: "official"
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source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc33@119-100.zip"
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source_identifier: "/us/usc/t33/s3042"
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source_file: "data/legal/raw/us/code/title-33/usc33.xml"
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source_hash: "13572d279184dce9f3c9dfb57bdf7c2dd044871e3dae88c7417d3153c3a2659d"
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raw_snapshot_hash: "de3d130b31eae77f8c0fc593f61b7287899297718d678d500eea123559828523"
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text_hash: "70ee7cec7775ed455969366d17d789e42a3b26a4ed9f93fc7d922158c21020c7"
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retrieved_at: "2026-07-04"
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confidence: "official"
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tags: ["legal", "us-code"]
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---
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# 33 U.S.C. § 3042 - Separation pay
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## Text
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(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.
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(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—
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(A) the years of active service creditable to the officer; and
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(B) 12 times the monthly basic pay to which the officer was entitled at the time of separation.
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(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).
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(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.
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(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—
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(1) expresses a desire not to be selected for promotion; or
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(2) requests removal from the list of selectees.
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(Pub. L. 107–372, title II, § 242, Dec. 19, 2002, 116 Stat. 3088; Pub. L. 116–259, title IV, § 402, Dec. 23, 2020, 134 Stat. 1178.)
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## Notes
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Editorial Notes
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Prior ProvisionsProvisions 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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Amendments2020—Subsec. (d). Pub. L. 116–259 added subsec. (d).
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