
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: 5USC3382]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                   Subpart B--Employment and Retention
 
            CHAPTER 33--EXAMINATION, SELECTION, AND PLACEMENT
 
                 SUBCHAPTER VII--AIR TRAFFIC CONTROLLERS
 
Sec. 3382. Involuntary separation for retirement

    An air traffic controller who is eligible for immediate retirement 
under section 8336 of this title may be separated involuntarily from the 
service if the Secretary determines that the separation of the 
controller 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.

Chapter 75 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, until the last day of the 
second month following the day the controller receives a notification of 
the determination by the Secretary under this section, or, if a review 
is requested under section 3383 of this title, the last day of the month 
in which a final decision is issued by a board of review under section 
3383(c) of this title, whichever is later. A controller who is to be 
separated under this section is entitled to training under section 3381 
of this title. Separation of such a controller who elects to receive 
training under section 3381 shall not become final until the last day of 
the month following the completion of his training.

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

                       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''.


                    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.

                  Section Referred to in Other Sections

    This section is referred to in section 3383 of this title.
