
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: 33USC853h]

 
                TITLE 33--NAVIGATION AND NAVIGABLE WATERS
 
                    CHAPTER 17--NATIONAL OCEAN SURVEY
 
                    SUBCHAPTER I--GENERAL PROVISIONS
 
Sec. 853h. Separation pay of officers


(a) Authorization of payment

    An officer who is separated under section 853g of this title 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) of this section unless the Secretary of 
Commerce determines that the conditions under which the officer is 
separated do not warrant payment of that pay.

(b) Amount of pay; five or more years; three to five years

    (1) In the case of an officer who has completed five or more years 
of continuous active service immediately before that separation, the 
amount of separation pay which may 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) twelve times the monthly basic pay to 
which the officer was entitled at the time of separation.
    (2) In the case of an officer who has completed three but fewer than 
five years of continuous active service immediately before that 
separation, the amount of separation pay which may be paid to the 
officer under this section is one-half of the amount computed under 
paragraph (1).

(c) Determination of officer's years of service

    In determining an officer's years of active service for the purpose 
of computing separation pay under this section, each full month of 
service that is in addition to the number of full years of service 
creditable to the officer is counted as one-twelfth of a year and any 
remaining fractional part of a month is disregarded.

(d) Previously received pay excluded from determination of years of 
        creditable service

    A period for which an officer has previously received separation 
pay, severance pay, or readjustment pay under any other provision of law 
based on service in a uniformed service may not be included in 
determining the years of creditable service that may be counted in 
computing the separation pay of the officer under this section.

(e) Deduction from retired pay of amount of prior payments; deduction 
        from disability compensation of amount of separation pay; 
        exception

    (1) An officer who has received separation pay under this section, 
or separation pay, severance pay, or readjustment pay under any other 
provision of law, based on service in a uniformed service and who later 
qualifies for retired pay under this Act shall have deducted from each 
payment of retired pay so much of that pay as is based on the service 
for which the officer received that separation pay, severance pay, or 
readjustment pay until the total amount deducted is equal to the total 
amount of separation pay, severance pay, and readjustment pay received.
    (2) An officer who has received separation pay under this section 
may not be deprived, by reason of receipt of that pay, of any disability 
compensation to which the officer is entitled under the laws 
administered by the Secretary of Veterans Affairs, but there shall be 
deducted from that disability compensation an amount equal to the total 
amount of separation pay received, less the amount of Federal income tax 
withheld from such pay (such withholding being at the flat withholding 
rate for Federal income tax withholding, as in effect pursuant to 
regulations prescribed under chapter 24 of title 26). Notwithstanding 
the preceding sentence, no deduction may be made from disability 
compensation for the amount of separation pay received because of an 
earlier discharge, separation, or release from a period of active duty 
if the disability which is the basis for that disability compensation 
was incurred or aggravated during a later period of active duty.

(June 3, 1948, ch. 390, Sec. 9, 62 Stat. 299; Pub. L. 87-649, 
Sec. 9(b)(1), Sept. 7, 1962, 76 Stat. 495; Pub. L. 98-498, title III, 
Sec. 320(a)(1), Oct. 19, 1984, 98 Stat. 2307; Pub. L. 102-54, 
Sec. 13(m)(1), June 13, 1991, 105 Stat. 277; Pub. L. 105-85, div. A, 
title VI, Sec. 652(a), (b), Nov. 18, 1997, 111 Stat. 1803, 1804.)

                       References in Text

    This Act, referred to in subsec. (e)(1), means act June 3, 1948, ch. 
390, 62 Stat. 297, as amended, known as the ``Coast and Geodetic Survey 
Commissioned Officers' Act of 1948'', which enacted section 853a et seq. 
of this title, amended sections 852a, 852b, 854a, and 864d of this 
title, and repealed sections 851a, 854b, 854c, 864b, and 864c of this 
title, and enacted provisions set out as a note under section 853a of 
this title. For complete classification of this Act to the Code, see 
Short Title note set out under section 853a of this title and Tables.


                               Amendments

    1997--Subsec. (b)(1). Pub. L. 105-85, Sec. 652(a)(1), struck out ``, 
or $30,000, whichever is less'' before period at end.
    Subsec. (b)(2). Pub. L. 105-85, Sec. 652(a)(2), struck out ``, but 
in no event more than $15,000'' before period at end.
    Subsec. (d). Pub. L. 105-85, Sec. 652(a)(3), designated par. (1) as 
subsec. (d) and struck out par. (2) which read as follows: ``The total 
amount that an officer may receive in separation pay under this section 
and separation pay, severance pay, and readjustment pay under any other 
provision of law based on service in a uniformed service may not exceed 
$30,000.''
    Subsec. (e)(2). Pub. L. 105-85, Sec. 652(b), inserted before period 
at end of first sentence ``, less the amount of Federal income tax 
withheld from such pay (such withholding being at the flat withholding 
rate for Federal income tax withholding, as in effect pursuant to 
regulations prescribed under chapter 24 of title 26)''.
    1991--Subsec. (e)(2). Pub. L. 102-54 substituted ``Secretary of 
Veterans Affairs'' for ``Veterans' Administration''.
    1984--Subsec. (a). Pub. L. 98-498 designated existing provisions as 
subsec. (a) and substituted ``An officer'' for ``Any officer in the 
grade of lieutenant or lieutenant (junior grade)'' and further 
substituted provisions setting forth the method of computation for 
former provisions which also set forth the basis for computation.
    Subsecs. (b) to (e). Pub. L. 98-498 added subsecs. (b) to (e).
    1962--Pub. L. 87-649 substituted ``basic pay'' for ``active-duty pay 
with longevity credit'' in two places.


                    Effective Date of 1997 Amendment

    Section 652(c) of Pub. L. 105-85 provided that: ``The amendments 
made by this section [amending this section] shall take effect as of 
October 1, 1997, and shall apply to payments of separation pay that are 
made after September 30, 1997.''


                    Effective Date of 1962 Amendment

    Amendment by Pub. L. 87-649 effective Nov. 1, 1962, see section 15 
of Pub. L. 87-649, set out as an Effective Date note preceding section 
101 of Title 37, Pay and Allowances of the Uniformed Services.
