Collapse to view only § 3041. Involuntary retirement or separation
- § 3041. Involuntary retirement or separation
- § 3042. Separation pay
- § 3043. Mandatory retirement for age
- § 3044. Retirement for length of service
- § 3045. Computation of retired pay
- § 3046. Retired grade and retired pay
- § 3047. Retired rank and pay held pursuant to other laws unaffected
- § 3048. Continuation on active duty; deferral of retirement
- § 3049. Recall to active duty
§ 3041. Involuntary retirement or separation
(a) Transfer of officers to retired list; separation from serviceAs 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
(c) Effective date of retirements and separations
(d) Deferment of retirement or separation for medical reasons
(1) In general
(2) Consent required
(3) Limitation
(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.)
§ 3042. Separation pay
(a) Authorization of payment
(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
(c) Other conditions, requirements, and administrative provisions
(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. 107–372, title II, § 242, Dec. 19, 2002, 116 Stat. 3088; Pub. L. 116–259, title IV, § 402, Dec. 23, 2020, 134 Stat. 1178.)
§ 3043. Mandatory retirement for age
(a) Officers below grade of rear admiral (lower half)
(b) Flag officers
(Pub. L. 107–372, title II, § 243, Dec. 19, 2002, 116 Stat. 3089; Pub. L. 117–263, div. K, title CXVII, § 11705(b), Dec. 23, 2022, 136 Stat. 4157.)
§ 3044. Retirement for length of service
An officer who has completed 20 years of service, of which at least 10 years was service as a commissioned officer, may at any time thereafter, upon application by such officer and in the discretion of the President, be placed on the retired list.
(Pub. L. 107–372, title II, § 244, Dec. 19, 2002, 116 Stat. 3089.)
§ 3045. Computation of retired pay
(a) Officers first becoming members before September 8, 1980
Each officer on the retired list who first became a member of a uniformed service before September 8, 1980, shall receive retired pay at the rate determined by multiplying—
(1) the retired pay base determined under section 1406(g) of title 10; by
(2) the retired pay multiplier determined under section 1409 of such title for the number of years of service that may be credited to the officer under section 1405 of such title as if the officer’s service were service as a member of the Armed Forces.
The retired pay so computed may not exceed 75 percent of the retired pay base.
(b) Officers first becoming members on or after September 8, 1980
Each officer on the retired list who first became a member of a uniformed service on or after September 8, 1980, shall receive retired pay at the rate determined by multiplying—
(1) the retired pay base determined under section 1407 of title 10; by
(2) the retired pay multiplier determined under section 1409 of such title for the number of years of service that may be credited to the officer under section 1405 of such title as if the officer’s service were service as a member of the Armed Forces.
(c) Treatment of full and fractional parts of months in computing years of service
(1) In general
In computing the number of years of service of an officer for the purposes of subsection (a)—
(A) each full month of service that is in addition to the number of full years of service creditable to the officer shall be credited as 1⁄12 of a year; and
(B) any remaining fractional part of a month shall be disregarded.
(2) Rounding
(Pub. L. 107–372, title II, § 245, Dec. 19, 2002, 116 Stat. 3089; Pub. L. 114–92, div. A, title VI, § 631(c)(3), Nov. 25, 2015, 129 Stat. 844.)
§ 3046. Retired grade and retired pay
Each officer retired pursuant to law shall be placed on the retired list with the highest grade satisfactorily held by that officer while on active duty including active duty pursuant to recall, under permanent or temporary appointment, and shall receive retired pay based on such highest grade, if—
(1) the officer’s performance of duty in such highest grade has been satisfactory, as determined by the Secretary of the department or departments under whose jurisdiction the officer served; and
(2) unless retired for disability, the officer’s length of service in such highest grade is no less than that required by the Secretary of officers retiring under permanent appointment in that grade.
(Pub. L. 107–372, title II, § 246, Dec. 19, 2002, 116 Stat. 3090.)
§ 3047. Retired rank and pay held pursuant to other laws unaffected
Nothing in this subchapter shall prevent an officer from being placed on the retired list with the highest rank and with the highest retired pay to which the officer is entitled under any other provision of law.
(Pub. L. 107–372, title II, § 247, Dec. 19, 2002, 116 Stat. 3090.)
§ 3048. Continuation on active duty; deferral of retirement
The provisions of subchapter IV of chapter 36 of title 10 relating to continuation on active duty and deferral of retirement shall apply to commissioned officers of the Administration.
(Pub. L. 107–372, title II, § 248, Dec. 19, 2002, 116 Stat. 3090.)
§ 3049. Recall to active duty
The provisions of chapter 39 of title 10 relating to recall of retired officers to active duty, including the limitations on such recalls, shall apply to commissioned officers of the Administration.
(Pub. L. 107–372, title II, § 249, Dec. 19, 2002, 116 Stat. 3090.)