Pub. L. 107-295, tit. IV, sec. 416

ALIGN COAST GUARD SEVERANCE PAY AND REVOCATION OF COMMISSION AUTHORITY WITH DEPARTMENT OF DEFENSE AUTHORITY.

EnactedYear: 2002Length: 776 wordsOfficial source
SEC. 416. ALIGN COAST GUARD SEVERANCE PAY AND REVOCATION OF COMMISSION AUTHORITY WITH DEPARTMENT OF DEFENSE AUTHORITY. (a) In General.—Chapter 11 of title 14, United States Code, is amended— (1) in section 281— (A) by striking “three” in the section heading and inserting “five”; and (B) by striking “three” in the text and inserting “five”; (2) in section 283(b)(2)(A), by striking “severance” and inserting “separation”; (3) in section 286— (A) by striking “severance” in the section heading and inserting “separation”; and (B) by striking subsection (b) and inserting the following: “(b) An officer of the Regular Coast Guard who is discharged under this section or section 282, 283, or 284 of this title and has completed 6 or more, but less than 20, continuous years of active service immediately before that discharge or release is entitled to separation pay computed under subsection (d)(1) of section 1174 of title 10. “(c) An officer of the Regular Coast Guard who is discharged under section 327 of this title and has completed 6 or more, but less than 20, continuous years of active service immediately before that discharge or release is entitled to separation pay 116 STAT. 2122computed under subsection (d)(1) or (d)(2) of section 1174 of title 10 as determined under regulations promulgated by the Secretary. “(d) Notwithstanding subsections (a) and (b), an officer discharged under chapter 11 of this title for twice failing of selection for promotion to the next higher grade is not entitled to separation pay under this section if the officer requested in writing or otherwise sought not to be selected for promotion, or requested removal from the list of selectees.”; (4) in section 286a— (A) by striking “severance” in the section heading and inserting “separation” in its place; and (B) by striking subsections (a), (b), and (c) and inserting the following: “(a) A regular warrant officer of the Coast Guard who is discharged under section 580 of title 10, and has completed 6 or more, but less than 20, continuous years of active service immediately before that discharge is entitled to separation pay computed under subsection (d)(1) of section 1174 of title 10. “(b) A regular warrant officer of the Coast Guard who is discharged under section 1165 or 1166 of title 10, and has completed 6 or more, but less than 20, continuous years of active service immediately before that discharge is entitled to separation pay computed under subsection (d)(1) or (d)(2) of section 1174 of title 10, as determined under regulations promulgated by the Secretary. “(c) In determining a member’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 member is counted as one-twelfth of a year and any remaining fractional part of a month is disregarded.”; and (5) in section 327— (A) by striking “severance” in the section heading and inserting “separation”; (B) by striking subsection (a)(2) and inserting the following: “(2) for discharge with separation benefits under section 286(c) of this title.”; (C) by striking subsection (a)(3); (D) by striking subsection (b)(2) and inserting the following: “(2) if on that date the officer is ineligible for voluntary retirement under any law, be honorably discharged with separation benefits under section 286(c) of this title, unless under regulations promulgated by the Secretary the condition under which the officer is discharged does not warrant an honorable discharge.”; and (E) by striking subsection (b)(3). (b) Clerical Amendment.—The table of sections for chapter 11 of title 14, United States Code, is amended— (1) in the item relating to section 281, by striking “three” and inserting “five”; (2) in the item relating to section 286, by striking “severance” and inserting “separation”; (3) in the item relating to section 286a, by striking “severance” and inserting “separation”; and (4) in the item relating to section 327, by striking “severance” and inserting “separation” in its place. (c) Effective Date.—The amendments made by paragraphs (2), (3), (4), and (5) of subsection (a) shall take effect 4 years after the date of enactment of this Act, except that subsection (d) of section 286 of title 14, United States Code, as amended by paragraph (3) of subsection (a) of this section, shall take effect on the date of enactment of this Act and shall apply with respect to conduct on or after that date. The amendments made to the table of sections of chapter 11 of title 14, United States Code, by paragraphs (2), (3), and (4) of subsection (b) of this section shall take effect 4 years after the date of enactment of this Act.
Pub. L. 107-295, tit. IV, sec. 416: ALIGN COAST GUARD SEVERANCE PAY AND REVOCATION OF COMMISSION AUTHORITY WITH DEPARTMENT OF DEFENSE AUTHORITY. | Justis AI