33 USC § 3043 - Mandatory retirement for age

---
identifier: "/us/usc/t33/s3043"
source: "usc"
legal_status: "official_prima_facie"
title: "33 USC § 3043 - Mandatory retirement for age"
title_number: 33
title_name: "NAVIGATION AND NAVIGABLE WATERS"
section_number: "3043"
section_name: "Mandatory retirement for age"
chapter_number: 43
chapter_name: "NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION COMMISSIONED OFFICER CORPS"
subchapter_number: "III"
subchapter_name: "SEPARATION AND RETIREMENT OF OFFICERS"
positive_law: false
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Pub. L. 107–372, title II, § 243, Dec. 19, 2002, 116 Stat. 3089; Pub. L. 117–263, div. K, title CXVII, § 11705(b), Dec. 23, 2022, 136 Stat. 4157.)"
---


# § 3043. Mandatory retirement for age

**(a)** **Officers below grade of rear admiral (lower half)** section 1251(e) of title 10

Unless retired or separated earlier, each officer on the lineal list of the commissioned corps who is serving in a grade below the grade of rear admiral (lower half) shall be retired or separated (as specified in ) on the first day of the month following the month in which the officer becomes 62 years of age.

**(b)** **Flag officers** Notwithstanding subsection (a), the President may defer the retirement of an officer serving in a position that carries a grade above captain for such period as the President considers advisable, but such a deferment may not extend beyond the first day of the month following the month in which the officer becomes 64 years of age.

---

**Source Credit**: (Pub. L. 107–372, title II, § 243, Dec. 19, 2002, 116 Stat. 3089; Pub. L. 117–263, div. K, title CXVII, § 11705(b), Dec. 23, 2022, 136 Stat. 4157.)

## Editorial Notes

### Prior Provisions

Provisions similar to those in this section were contained in  prior to repeal by .

### Amendments

2022—Subsec. (a).  substituted “be retired or separated (as specified in )” for “be retired”.

## Executive Documents

### Delegation of Functions

Functions of President under subsec. (b) of this section delegated to Secretary of Commerce by section 1(e) of Ex. Ord. No. 11023, , 27 F.R. 5131, as amended, set out as a note under , The President.