§2147. Regular warrant officers: separation pay

(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.

(d) The acceptance of separation pay under this section does not deprive an individual 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 separation pay under this section, until the total deductions equal the amount of such separation pay.

(Added Pub. L. 96–513, title V, §505(a)(1), Dec. 12, 1980, 94 Stat. 2918 , §286a; 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 ; Pub. L. 107–295, title IV, §416(a)(4), Nov. 25, 2002, 116 Stat. 2121 ; Pub. L. 112–213, title II, §217(4), Dec. 20, 2012, 126 Stat. 1557 ; renumbered §2147, Pub. L. 115–282, title I, §112(b), Dec. 4, 2018, 132 Stat. 4216 ; Pub. L. 116–283, div. G, title LVXXXV [LXXXV], §8505(a)(17), Jan. 1, 2021, 134 Stat. 4748 .)

Editorial Notes

Amendments

2021-Subsec. (d). Pub. L. 116–283 substituted "an individual" for "a person".

2018-Pub. L. 115–282 renumbered section 286a of this title as this section.

2012-Subsec. (d). Pub. L. 112–213 substituted "separation pay" for "severance pay" wherever appearing.

2002-Pub. L. 107–295 substituted "separation" for "severance" in section catchline, added subsecs. (a) to (c), and struck out former subsecs. (a) to (c) which related to, in subsec. (a), severance pay of a regular warrant officer of the Coast Guard who is separated under section 580(a)(4)(A) of title 10, in subsec. (b), severance pay of a regular warrant officer of the Coast Guard who is separated under section 1166 of title 10, and, in subsec. (c), the calculation of part of the year of service for the purposes of this section.

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".

Statutory Notes and Related Subsidiaries

Effective Date of 2002 Amendment

Amendment by Pub. L. 107–295 effective 4 years after Nov. 25, 2002, see section 416(c) of Pub. L. 107–295, set out as a note under section 2146 of this title.

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.