U.S Code last checked for updates: Apr 28, 2024
§ 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.)
cite as: 33 USC 3042