---
kind: "section"
citation: "5 U.S.C. § 3382"
title: "5"
title_heading: "Government Organization and Employees"
number: "3382"
heading: "Involuntary separation for retirement"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/5/3382"
units:
  - "Part III — Employees"
  - "Subpart B — Employment and Retention"
  - "Chapter 33 — Examination, Selection, and Placement"
  - "Subchapter VII — Air Traffic Controllers"
---

# §3382. Involuntary separation for retirement


An [air traffic controller](/usc/5/8401.md?p=35) who is [eligible](/usc/5/4701.md?p=a-3) for immediate retirement under [section 8336 of this title](/usc/5/8336.md) may be separated involuntarily from the [service](/usc/5/8401.md?p=26) if the [Secretary](/usc/5/9901.md?p=2) determines that the separation of the [controller](/usc/5/8401.md?p=35) is necessary in the interest of—

- (1) aviation safety;
- (2) the efficient control of air traffic; or
- (3) the preservation of the physical or mental health of the [controller](/usc/5/8401.md?p=35).

[Chapter 75](/usc/5/chptIII/sptF/ch75.md) of this title does not apply to a determination or action under this section. Separation under this section shall not become final, without the consent of the [controller](/usc/5/8401.md?p=35), until the last day of the second month following the day the [controller](/usc/5/8401.md?p=35) receives a notification of the determination by the [Secretary](/usc/5/9901.md?p=2) under this section, or, if a review is requested under [section 3383 of this title](/usc/5/3383.md), the last day of the month in which a final decision is issued by a [board](/usc/5/8401.md?p=5) of review under [section 3383(c) of this title](/usc/5/3383.md?p=c), whichever is later. A [controller](/usc/5/8401.md?p=35) who is to be separated under this section is entitled to [training](/usc/5/4101.md?p=4) under [section 3381 of this title](/usc/5/3381.md). Separation of such a [controller](/usc/5/8401.md?p=35) who elects to receive [training](/usc/5/4101.md?p=4) under [section 3381](/usc/5/3381.md) shall not become final until the last day of the month following the completion of his [training](/usc/5/4101.md?p=4).


## Source credit

(Added Pub. L. 92–297, § 3(a), May 16, 1972, 86 Stat. 142; amended Pub. L. 96–347, § 1(b), Sept. 12, 1980, 94 Stat. 1150.)

## Notes

### Editorial Notes

### References in Text

For definition of Secretary, referred to in text, see section 2109 of this title.

### Amendments

1980—Pub. L. 96–347 in provisions preceding par. (1) substituted “Secretary determines” for “Secretary of Transportation determines”.

### Statutory Notes and Related Subsidiaries

### Effective Date of 1980 Amendment

Amendment by Pub. L. 96–347 effective on 90th day after Sept. 12, 1980, see section 3 of Pub. L. 96–347, set out as a note under section 2109 of this title.

### Effective Date

Section effective on 90th day after May 16, 1972, see section 10 of Pub. L. 92–297, set out as a note under section 3381 of this title.