
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 33USC853g]

 
                TITLE 33--NAVIGATION AND NAVIGABLE WATERS
 
                    CHAPTER 17--NATIONAL OCEAN SURVEY
 
                    SUBCHAPTER I--GENERAL PROVISIONS
 
Sec. 853g. Retirement or separation of officers


(a) Transfer of officers to retired list; separation from service

    As recommended by the personnel board--
        (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 commander, 
    lieutenant, or lieutenant (junior grade) who is not qualified 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) of this section plus the 
number of officers retired for age may not exceed the whole number 
nearest four 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

    Any retirement or separation under subsection (a) of this section 
shall take effect on the first day of the sixth month beginning after 
the date on which the Secretary of Commerce approves the retirement or 
separation, except that if the officer concerned requests earlier 
retirement or separation, the date shall be as determined by the 
Secretary.

(June 3, 1948, ch. 390, Sec. 8, 62 Stat. 298; Pub. L. 98-498, title III, 
Sec. 320(a)(1), Oct. 19, 1984, 98 Stat. 2307.)


                               Amendments

    1984--Subsec. (a). Pub. L. 98-498 designated provisions preceding 
first proviso as subsec. (a) and added par. designations, struck out 
lieutenant commander from those eligible to be transferred to the 
retired list and added it to those who may be separated from the 
service, and inserted ``who is not qualified for retirement'' after 
``(junior grade)'' in par. (2) as so designated.
    Subsec. (b). Pub. L. 98-498 designated provisions in first proviso 
as subsec. (b) and substituted ``may not exceed the whole number nearest 
four percent of the total number of officers authorized to be on the 
active list,'' for ``shall not exceed the whole number nearest 4 per 
centum of the total authorized number of commissioned officers on the 
active list,''.
    Subsec. (c). Pub. L. 98-498 designated provisions in second proviso 
as subsec. (c) and substituted ``Any retirement or separation under 
subsection (a) of this section shall take effect on the first day of the 
sixth month beginning after the date on which the Secretary of Commerce 
approves the retirement or separation, except that if the officer 
concerned requests earlier retirement or separation, the date shall be 
as determined by the Secretary'' for ``That all retirements and 
separations pursuant to this section shall become effective on the first 
day of the sixth month following the date of approval of the retirement 
or separation by the Secretary of Commerce, unless the officer concerned 
requests earlier retirement or separation, in which case the date shall 
be as determined by the Secretary of Commerce''.

                  Section Referred to in Other Sections

    This section is referred to in section 853h of this title.
