---
kind: "section"
citation: "33 U.S.C. § 3042"
title: "33"
title_heading: "Navigation and Navigable Waters"
number: "3042"
heading: "Separation pay"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/33/3042"
units:
  - "Chapter 43 — National Oceanic and Atmospheric Administration Commissioned Officer Corps"
  - "Subchapter III — Separation and Retirement of Officers"
---

# §3042. Separation pay

- (a) **Authorization of payment—** An [officer](/usc/33/3002.md?p=b-3) who is separated under [section 3041(a)(2) of this title](/usc/33/3041.md?p=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)](#b) unless the [Secretary](/usc/33/3002.md?p=b-6) determines that the conditions under which the [officer](/usc/33/3002.md?p=b-3) 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](/usc/33/3002.md?p=b-3) 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](/usc/33/3002.md?p=b-3) under this section is 10 percent of the product of—
    - (A) the years of active service creditable to the [officer](/usc/33/3002.md?p=b-3); and
    - (B) 12 times the monthly basic pay to which the [officer](/usc/33/3002.md?p=b-3) was entitled at the time of separation.
  - (2) **Three to six years—** In the case of an [officer](/usc/33/3002.md?p=b-3) 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](/usc/33/3002.md?p=b-3) under this section is one-half of the amount computed under [paragraph (1)](#b-1).
- (c) **Other conditions, requirements, and administrative provisions—** The provisions of subsections (f), (g), and (h) of [section 1174 of title 10](/usc/10/1174.md) shall apply to separation pay under this section in the same manner as such provisions apply to separation pay under that section.
- (d) **Exception—** An [officer](/usc/33/3002.md?p=b-3) discharged for twice failing selection for promotion to the next higher [grade](/usc/33/3002.md?p=b-2) is not entitled to separation pay under this section if the [officer](/usc/33/3002.md?p=b-3)—
  - (1) expresses a desire not to be selected for promotion; or
  - (2) requests removal from the list of selectees.

## Source credit

(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.)

## Notes

### Editorial Notes

### Prior Provisions

Provisions similar to those in this section were contained in section 853h of this title prior to repeal by Pub. L. 107–372.

### Amendments

2020—Subsec. (d). Pub. L. 116–259 added subsec. (d).