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33 U.S.C. § 3041 — Involuntary retirement or separation

submitted 24 years ago by Pub. L. 107-372 to r/title-33-NAVIGATION-AND-NAVIGABLE-WATERS · 385 words · no verdicts yet

in plain englishAI-generated · not legal advice

A translation hasn’t been published for this section yet. The official text below is complete and authoritative.

the actual law source: uscode.house.gov ↗public domain
(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—

(A)

except as provided by subparagraph (B), be transferred to the retired list; or

(B)

if the officer is not qualified for retirement, be separated from service; 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
(1) In general

Subject to paragraph (2), a retirement or separation under subsection (a) shall take effect on such date as is determined by the Secretary.

(2) Determination of date

The effective date determined under paragraph (1) for a retirement or separation under subsection (a) shall be—

(A)

except as provided by subparagraph (B), not earlier than 60 days after the date on which the Secretary approves the retirement or separation; or

(B)

if the officer concerned requests an earlier effective date, such earlier date as is determined by the Secretary.

(d) Deferment of retirement or separation for medical reasons
(1) In general

If the Secretary determines that the evaluation of the medical condition of an officer requires hospitalization or medical observation that cannot be completed with confidence in a manner consistent with the officer’s well-being before the date on which the officer would otherwise be required to retire or be separated under this section, the Secretary may defer the retirement or separation of the officer.

(2) Consent required

A deferment may only be made with the written consent of the officer involved. If the officer does not provide written consent to the deferment, the officer shall be retired or separated as scheduled.

(3) Limitation

A deferment of retirement or separation under this subsection may not extend for more than 30 days after completion of the evaluation requiring hospitalization or medical observation.

Source credit: (Pub. L. 107–372, title II, § 241, Dec. 19, 2002, 116 Stat. 3088; Pub. L. 116–259, title IV, § 401, Dec. 23, 2020, 134 Stat. 1177; Pub. L. 117–263, div. K, title CXVII, § 11705(a), Dec. 23, 2022, 136 Stat. 4157; Pub. L. 119–60, div. H, title LXXXIV, § 8406, Dec. 18, 2025, 139 Stat. 1913.)

history & why it existsrecord from the source credit
  • 2002Enacted · Pub. L. 107-372 · 116 Stat. 3088
  • 2020Amended · Pub. L. 116-259 · 134 Stat. 1177
  • 2022Amended · Pub. L. 117-263 · 136 Stat. 4157
  • 2025Amended · Pub. L. 119-60 · 139 Stat. 1913

A history note hasn’t been published yet. The record shows enactment by Pub. L. 107-372 on 2002-12-19.

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