Page:United States Statutes at Large Volume 116 Part 4.djvu/660

 116 STAT. 3088 PUBLIC LAW 107-372—DEC. 19, 2002 33 USC 3032. SEC. 232. SERVICE CREDIT AS DECK OFFICER OR JUNIOR ENGINEER FOR PROMOTION PURPOSES. For purposes of promotion, there shall be counted in addition to active commissioned service, service as deck officer or junior engineer. 33 USC 3033. SEC. 233. SUSPENSION DURING WAR OR EMERGENCY. In time of emergency declared by the President or by the Congress, and in time of war, the President is authorized, in the President's discretion, to suspend the operation of all or any part of the provisions of law pertaining to promotion of commissioned officers of the Administration. Subtitle C—Separation and Retirement of Officers 33 USC 3041. SEC. 241. INVOLUNTARY RETIREMENT OR SEPARATION. (a) TEIANSFER OF OFFICERS TO RETIRED LIST; SEPARATION FROM SERVICE.— As recommended by a personnel board convened under section 222— (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 commemder, lieutenant, or lieutenant (junior grade) who is not qualijfied 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. 33 USC 3042. SEC. 242. SEPARATION PAY. (a) AUTHORIZATION OF PAYMENT.—An officer who is separated under section 241(a)(2) 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.

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