---
kind: "section"
citation: "33 U.S.C. § 3046"
title: "33"
title_heading: "Navigation and Navigable Waters"
number: "3046"
heading: "Retired grade and retired pay"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/33/3046"
units:
  - "Chapter 43 — National Oceanic and Atmospheric Administration Commissioned Officer Corps"
  - "Subchapter III — Separation and Retirement of Officers"
---

# §3046. Retired grade and retired pay


Each [officer](/usc/33/3002.md?p=b-3) retired pursuant to law shall be placed on the retired list with the highest [grade](/usc/33/3002.md?p=b-2) satisfactorily held by that [officer](/usc/33/3002.md?p=b-3) while on [active duty](/usc/33/3002.md?p=b-1) including [active duty](/usc/33/3002.md?p=b-1) pursuant to recall, under permanent or temporary appointment, and shall receive retired pay based on such highest [grade](/usc/33/3002.md?p=b-2), if—

- (1) the [officer](/usc/33/3002.md?p=b-3)’s performance of duty in such highest [grade](/usc/33/3002.md?p=b-2) has been satisfactory, as determined by the [Secretary](/usc/33/3002.md?p=b-6) of the department or departments under whose jurisdiction the [officer](/usc/33/3002.md?p=b-3) served; and
- (2) unless retired for disability, the [officer](/usc/33/3002.md?p=b-3)’s length of service in such highest [grade](/usc/33/3002.md?p=b-2) is no less than that required by the [Secretary](/usc/33/3002.md?p=b-6) of [officers](/usc/33/3002.md?p=b-3) retiring under permanent appointment in that [grade](/usc/33/3002.md?p=b-2).

## Source credit

(Pub. L. 107–372, title II, § 246, Dec. 19, 2002, 116 Stat. 3090.)

## Notes

### Editorial Notes

### Prior Provisions

Provisions similar to those in this section were contained in sections 853p and 857–2 of this title prior to repeal by Pub. L. 107–372.