§286a. Regular warrant officers: severance pay

(a) The severance pay of a regular warrant officer of the Coast Guard who is separated under section 580(a)(4)(A) of title 10 is computed by multiplying his years of active service that could be credited to him under section 511 of the Career Compensation Act of 1949, as amended, but not more than 12, by twice the monthly basic pay to which he is entitled at the time of separation.

(b) The severance pay of a regular warrant officer of the Coast Guard who is separated under section 1166 of title 10 is computed by multiplying his years of active service that could be credited to him under section 511 of the Career Compensation Act of 1949, as amended, but not more than 12, by the monthly basic pay to which he is entitled at the time of separation, unless the Secretary determines that the conditions under which the officer is discharged or separated do not warrant payment of that amount of severance pay.

(c) For the purposes of this section, a part of the year that is six months or more is counted as a whole year, and a part of a year that is less than six months is disregarded.

(d) The acceptance of severance pay under this section does not deprive a person of any retirement benefits from the United States. However, there shall be deducted from each of his retirement payments so much thereof as is based on the service for which he has received severance pay under this section, until the total deductions equal the amount of such severance pay.

(Added Pub. L. 96–513, title V, §505(a)(1), Dec. 12, 1980, 94 Stat. 2918 ; amended Pub. L. 102–190, div. A, title XI, §1125(b)(1), Dec. 5, 1991, 105 Stat. 1505 ; Pub. L. 103–337, div. A, title V, §541(f)(2), Oct. 5, 1994, 108 Stat. 2766 ; Pub. L. 105–383, title II, §201(a), (b), Nov. 13, 1998, 112 Stat. 3414 .)

References in Text

Section 511 of the Career Compensation Act of 1949, as amended, referred to in subsecs. (a) and (b), is set out as a note under section 580 of Title 10, Armed Forces.

Amendments

1998-Subsec. (b). Pub. L. 105–383, §201(b), inserted before period at end ", unless the Secretary determines that the conditions under which the officer is discharged or separated do not warrant payment of that amount of severance pay".

Subsec. (d). Pub. L. 105–383, §201(a), struck out at end "However, no person is entitled to severance pay under this section in an amount that is more than $15,000."

1994-Subsec. (a). Pub. L. 103–337 substituted "section 580(a)(4)(A) of title 10" for "section 564(a)(3) of title 10 (as in effect on the day before the effective date of the Warrant Officer Management Act)".

1991-Subsec. (a). Pub. L. 102–190 inserted "(as in effect on the day before the effective date of the Warrant Officer Management Act)" after "section 564(a)(3) of title 10".

Effective Date of 1994 Amendment

Amendment by Pub. L. 103–337 effective on the first day of the fourth month beginning after Oct. 5, 1994, see section 541(h) of Pub. L. 103–337, set out as a note under section 571 of Title 10, Armed Forces.

Effective Date of 1991 Amendment

Amendment by Pub. L. 102–190 effective Feb. 1, 1992, see section 1132 of Pub. L. 102–190, set out as a note under section 521 of Title 10, Armed Forces.

Effective Date

Section effective Sept. 15, 1981, see section 701 of Pub. L. 96–513, set out as an Effective Date of 1980 Amendment note under section 101 of Title 10, Armed Forces.

Transition Provisions Under Defense Officer Personnel Management Act

For provisions to prevent extinction or premature termination of rights, duties, penalties, or proceedings that existed or were begun prior to the effective date of Pub. L. 96–513, and otherwise to allow for an orderly transition to the system of officer personnel management put in place under Pub. L. 96–513, see section 601 et seq. of Pub. L. 96–513, set out as a note under section 611 of Title 10, Armed Forces.

Section Referred to in Other Sections

This section is referred to in title 10 sections 580, 1166.