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33 U.S.C. 3046: Retired grade and retired payText contains those laws in effect through Public Law 119-120 (October 7, 2026).
From Title 33-NAVIGATION AND NAVIGABLE WATERSCHAPTER 43-NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION COMMISSIONED OFFICER CORPS

§3046. Retired grade and retired pay

Each officer retired pursuant to law shall be placed on the retired list with the highest grade satisfactorily held by that officer while on active duty including active duty pursuant to recall, under permanent or temporary appointment, and shall receive retired pay based on such highest grade, if⁠—

(1)  the officer’s performance of duty in such highest grade has been satisfactory, as determined by the Secretary of the department or departments under whose jurisdiction the officer served; and

(2)  unless retired for disability, the officer’s length of service in such highest grade is no less than that required by the Secretary of officers retiring under permanent appointment in that grade.

( Pub. L. 107–372, title II, § 246 , Dec. 19, 2002 , 116 Stat. 3090 .)

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in sections 853p and 857–2 of this title prior to repeal by Pub. L. 107–372.