Legal corpus: U.S. Code titles 1–11 from pinned OLRC XML (11,050 sections)
Raw OLRC USLM XML zips @ release 119-100 (retrieved 2026-07-04 via Atlas depot), ingested with the standard pipeline: raw snapshot -> per-section OKF markdown -> manifest + checksums. Title 52 untouched. LegalText: 171 -> 11,221. Titles 12-54 await a clean OLRC retry. Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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---
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type: "LegalText"
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title: "5 U.S.C. § 8301"
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description: "Uniform retirement date"
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title_number: 5
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title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
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chapter_number: "83"
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chapter_name: "RETIREMENT"
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section: "8301"
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---
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# 5 U.S.C. § 8301 - Uniform retirement date
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## Text
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(a) Except as otherwise specifically provided by this title or other statute, retirement authorized by statute is effective on the first day of the month following the month in which retirement would otherwise be effective.
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(b) Notwithstanding subsection (a) of this section, the rate of active or retired pay or allowance is computed as of the date retirement would have occurred but for subsection (a) of this section.
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(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 557.)
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## Notes
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Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 47a.Apr. 23, 1930, ch. 209, § 1, 46 Stat. 253. In subsection (a), the words “Except as otherwise specifically provided by this title or other statute” are added because of the statutes carried into subchapter III of chapter 83. The words “of Federal personnel of whatever class, civil, military, naval, judicial, legislative, or otherwise, and for whatever cause retired” are omitted as unnecessary. The words “and said first day of the month for retirements made after July 1, 1930, shall be for all purposes in lieu of such date for retirement as was on April 23, 1930, authorized” are omitted as executed. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
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---
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type: "LegalText"
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title: "5 U.S.C. § 8311"
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description: "Definitions"
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title_number: 5
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title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
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chapter_number: "83"
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chapter_name: "RETIREMENT"
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section: "8311"
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citation: "5 U.S.C. § 8311"
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tags: ["legal", "us-code"]
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---
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# 5 U.S.C. § 8311 - Definitions
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## Text
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For the purpose of this subchapter—
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(1) “employee” means—
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(A) an employee as defined by section 2105 of this title;
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(B) a Member of Congress as defined by section 2106 of this title and a Delegate to Congress;
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(C) a member or former member of a uniformed service; and
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(D) an individual employed by the government of the District of Columbia;
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(2) “annuity” means a retirement benefit, including a disability insurance benefit and a dependent’s or survivor’s benefit under subchapter II of chapter 7 of title 42, and a monthly annuity under section 228b or 228e of title 45, payable by an agency of the Government of the United States or the government of the District of Columbia on the basis of service as a civilian employee and other service which is creditable to an employee toward the benefit under the statute, regulation, or agreement which provides the benefit, but does not include—
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(A) a benefit provided under statutes administered by the Department of Veterans Affairs;
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(B) pay or compensation which may not be diminished under section 1 of Article III of the Constitution of the United States;
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(C) that portion of a benefit payable under subchapter II of chapter 7 of title 42 which would be payable without taking into account, for any of the purposes of that subchapter, including determinations of periods of disability under section 416(i) of title 42, pay for services as an employee;
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(D) monthly annuity awarded under section 228b or 228e of title 45 before September 26, 1961, whether or not computed under section 228c(e) of title 45;
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(E) that portion of an annuity awarded under section 228b or 228e of title 45 after September 25, 1961, which would be payable without taking into account military service creditable under section 228c–1 of title 45;
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(F) a retirement benefit, including a disability insurance benefit and a dependent’s or survivor’s benefit under subchapter II of chapter 7 of title 42, awarded before September 1, 1954, to an individual or his survivor or beneficiary, insofar as the individual, before September 1, 1954—
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(i) was convicted of an offense named by subsection (b) of section 8312 of this title, to the extent provided by that subsection; or
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(ii) violated section 8314 or 8315(a)(1) of this title; or
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(G) a retirement benefit, including a disability insurance benefit and a dependent’s or survivor’s benefit under subchapter II of chapter 7 of title 42, awarded before September 26, 1961, to an individual or his survivor or beneficiary, insofar as the individual, before September 26, 1961—
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(i) was convicted of an offense named by subsection (c) of section 8312 of this title, to the extent provided by that subsection; or
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(ii) violated section 8315(a)(2) of this title; and
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(3) “retired pay” means retired pay, retirement pay, retainer pay, or equivalent pay, payable under a statute to a member or former member of a uniformed service, and an annuity payable to an eligible beneficiary of the member or former member under chapter 73 of title 10 or section 5 of the Uniformed Services Contingency Option Act of 1953 (67 Stat. 504), but does not include—
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(A) a benefit provided under statutes administered by the Department of Veterans Affairs;
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(B) retired pay, retirement pay, retainer pay, or equivalent pay, awarded before September 1, 1954, to an individual, insofar as the individual, before September 1, 1954—
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(i) was convicted of an offense named by subsection (b) of section 8312 of this title, to the extent provided by that subsection; or
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(ii) violated section 8314 or 8315(a)(1) of this title;
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(C) retired pay, retirement pay, retainer pay, or equivalent pay, awarded before September 26, 1961, to an individual, insofar as the individual, before September 26, 1961—
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(i) was convicted of an offense named by subsection (c) of section 8312 of this title, to the extent provided by that subsection; or
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(ii) violated section 8315(a)(2) of this title; or
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(D) an annuity payable to an eligible beneficiary of an individual under chapter 73 of title 10 or section 5 of the Uniformed Services Contingency Option Act of 1953 (67 Stat. 504), if the annuity was awarded to the beneficiary, or if retired pay was awarded to the individual, before September 26, 1961, insofar as the individual, on the basis of whose service the annuity was awarded, before September 26, 1961—
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(i) was convicted of an offense named by section 8312 of this title, to the extent provided by that section; or
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(ii) violated section 8314 or 8315 of this title.
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(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 557; Pub. L. 102–54, § 13(b)(1), June 13, 1991, 105 Stat. 274.)
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## Notes
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Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 2281.Sept. 26, 1961, Pub. L. 87–299, § 1 “Sec. 10”, 75 Stat. 646. The words “and section 3282 of Title 18” are omitted as unnecessary. In paragraph (1)(A), the words “an employee as defined by section 2105 of this title” are coextensive with and substituted for “an officer or employee in or under the legislative, executive, or judicial branch of the Government of the United States”. In paragraph (1)(B), the reference to “Resident Commissioner” is omitted as included in “Member of Congress” in view of the definition of “Member of Congress” in section 2106. In paragraph (1)(C), the words “uniformed service” are coextensive with and substituted for “armed forces, the Coast and Geodetic Survey, or the Public Health Service” in view of the definition of “uniformed services” in section 2101. In paragraph (3), the words “uniformed service” are coextensive with and substituted for “armed forces, the Coast and Geodetic Survey, and the Public Health Service” in view of the definition of “uniformed services” in section 2101. The definition of “armed forces” in former section 2281(4) is omitted as unnecessary in view of the definition of “armed forces” in section 2101. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
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Editorial Notes
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References in TextSubchapter II of chapter 7 of title 42, referred to in par. (2), is classified to section 401 et seq. of Title 42, The Public Health and Welfare. Sections 228b, 228c(e), 228c–1, and 228e of title 45, referred to in par. (2), are references to sections 2, 3(e), 4, and 5 of the Railroad Retirement Act of 1937. That Act was amended in its entirety and completely revised by Pub. L. 93–445, Oct. 16, 1974, 88 Stat. 1305. The Act, as thus amended and revised, was redesignated the Railroad Retirement Act of 1974, and is classified to subchapter IV (section 231 et seq.) of chapter 9 of Title 45, Railroads. Section 5 of the Uniformed Services Contingency Option Act of 1953 (67 Stat. 504), referred to in text, is covered by section 1438 of Title 10, Armed Forces.
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Amendments1991—Pars. (2)(A), (3)(A). Pub. L. 102–54 substituted “Department of Veterans Affairs” for “Veterans’ Administration”.
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---
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type: "LegalText"
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title: "5 U.S.C. § 8312"
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description: "Conviction of certain offenses"
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title_number: 5
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title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
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chapter_number: "83"
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chapter_name: "RETIREMENT"
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section: "8312"
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citation: "5 U.S.C. § 8312"
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status: "current"
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release_point: "119-100"
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release_date: "2026-06-26"
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source: "official"
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source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
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source_identifier: "/us/usc/t5/s8312"
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tags: ["legal", "us-code"]
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---
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# 5 U.S.C. § 8312 - Conviction of certain offenses
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## Text
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(a) An individual, or his survivor or beneficiary, may not be paid annuity or retired pay on the basis of the service of the individual which is creditable toward the annuity or retired pay, subject to the exceptions in section 8311(2) and (3) of this title, if the individual—
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(1) was convicted, before, on, or after September 1, 1954, of an offense named by subsection (b) of this section, to the extent provided by that subsection; or
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(2) was convicted, before, on, or after September 26, 1961, of an offense named by subsection (c) of this section, to the extent provided by that subsection.
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The prohibition on payment of annuity or retired pay applies—
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(A) with respect to the offenses named by subsection (b) of this section, to the period after the date of the conviction or after September 1, 1954, whichever is later; and
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(B) with respect to the offenses named by subsection (c) of this section, to the period after the date of conviction or after September 26, 1961, whichever is later.
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(b) The following are the offenses to which subsection (a) of this section applies if the individual was convicted before, on, or after September 1, 1954:
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(1) An offense within the purview of—
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(A) section 792 (harboring or concealing persons), 793 (gathering, transmitting, or losing defense information), 794 (gathering or delivering defense information to aid foreign government), or 798 (disclosure of classified information), of chapter 37 (relating to espionage and censorship) of title 18;
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(B) chapter 105 (relating to sabotage) of title 18;
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(C) section 2381 (treason), 2382 (misprision of treason), 2383 (rebellion or insurrection), 2384 (seditious conspiracy), 2385 (advocating overthrow of government), 2387 (activities affecting armed forces generally), 2388 (activities affecting armed forces during war), 2389 (recruiting for service against United States), or 2390 (enlistment to serve against United States), of chapter 115 (relating to treason, sedition, and subversive activities) of title 18;
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(D) section 10(b)(2), (3), or (4) of the Atomic Energy Act of 1946 (60 Stat. 766, 767), as in effect before August 30, 1954;
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(E) section 16(a) or (b) of the Atomic Energy Act of 1946 (60 Stat. 773), as in effect before August 30, 1954, insofar as the offense is committed with intent to injure the United States or with intent to secure an advantage to a foreign nation; or
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(F) an earlier statute on which a statute named by subparagraph (A), (B), or (C) of this paragraph (1) is based.
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(2) An offense within the purview of—
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(A) article 104 (aiding the enemy), article 103a (espionage), or article 106 (spies) of the Uniform Code of Military Justice (chapter 47 of title 10) or an earlier article on which article 104 or article 106, as the case may be, is based; or
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(B) a current article of the Uniform Code of Military Justice (or an earlier article on which the current article is based) not named by subparagraph (A) of this paragraph (2) on the basis of charges and specifications describing a violation of a statute named by paragraph (1), (3), or (4) of this subsection, if the executed sentence includes death, dishonorable discharge, or dismissal from the service, or if the defendant dies before execution of that sentence as finally approved.
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(3) Perjury committed under the statutes of the United States or the District of Columbia—
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(A) in falsely denying the commission of an act which constitutes an offense within the purview of—
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(i) a statute named by paragraph (1) of this subsection; or
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(ii) an article or statute named by paragraph (2) of this subsection insofar as the offense is within the purview of an article or statute named by paragraph (1) or (2) (A) of this subsection;
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(B) in falsely testifying before a Federal grand jury, court of the United States, or court-martial with respect to his service as an employee in connection with a matter involving or relating to an interference with or endangerment of, or involving or relating to a plan or attempt to interfere with or endanger, the national security or defense of the United States; or
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(C) in falsely testifying before a congressional committee in connection with a matter under inquiry before the congressional committee involving or relating to an interference with or endangerment of, or involving or relating to a plan or attempt to interfere with or endanger, the national security or defense of the United States.
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(4) Subornation of perjury committed in connection with the false denial or false testimony of another individual as specified by paragraph (3) of this subsection.
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(c) The following are the offenses to which subsection (a) of this section applies if the individual was convicted before, on, or after September 26, 1961:
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(1) An offense within the purview of—
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(A) section 2272 (violation of specific sections) or 2273 (violation of sections generally of chapter 23 of title 42) of title 42 insofar as the offense is committed with intent to injure the United States or with intent to secure an advantage to a foreign nation;
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(B) section 2274 (communication of restricted data), 2275 (receipt of restricted data), or 2276 (tampering with restricted data) of title 42; or
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(C) section 783 (conspiracy and communication or receipt of classified information) of title 50 or section 601 of the National Security Act of 1947 (50 U.S.C. 421) 11 See References in Text note below. (relating to intelligence identities).
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(2) An offense within the purview of a current article of the Uniform Code of Military Justice (chapter 47 of title 10) or an earlier article on which the current article is based, as the case may be, on the basis of charges and specifications describing a violation of a statute named by paragraph (1), (3), or (4) of this subsection, if the executed sentence includes death, dishonorable discharge, or dismissal from the service, or if the defendant dies before execution of that sentence as finally approved.
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(3) Perjury committed under the statutes of the United States or the District of Columbia in falsely denying the commission of an act which constitutes an offense within the purview of a statute named by paragraph (1) of this subsection.
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(4) Subornation of perjury committed in connection with the false denial of another individual as specified by paragraph (3) of this subsection.
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(d) (1) For purposes of subsections (b)(1) and (c)(1), an offense within the meaning of such subsections is established if the Attorney General of the United States certifies to the agency administering the annuity or retired pay concerned—
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(A) that an individual subject to this chapter has been convicted by an impartial court of appropriate jurisdiction within a foreign country in circumstances in which the conduct violates the provisions of law enumerated in subsections (b)(1) and (c)(1), or would violate such provisions had such conduct taken place within the United States, and that such conviction is not being appealed or that final action has been taken on such appeal;
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(B) that such conviction was obtained in accordance with procedures that provided the defendant due process rights comparable to such rights provided by the United States Constitution, and such conviction was based upon evidence which would have been admissible in the courts of the United States; and
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(C) that such conviction occurred after the date of enactment of this subsection.
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(2) Any certification made pursuant to this subsection shall be subject to review by the United States Court of Claims based upon the application of the individual concerned, or his or her attorney, alleging that any of the conditions set forth in subparagraphs 22 So in original. Probably should be “subparagraph”. (A), (B), or (C) of paragraph (1), as certified by the Attorney General, have not been satisfied in his or her particular circumstances. Should the court determine that any of these conditions has not been satisfied in such case, the court shall order any annuity or retirement benefit to which the person concerned is entitled to be restored and shall order that any payments which may have been previously denied or withheld to be paid by the department or agency concerned.
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(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 559; Pub. L. 92–128, § 2(b), Sept. 25, 1971, 85 Stat. 348; Pub. L. 99–569, title VI, § 603, Oct. 27, 1986, 100 Stat. 3204; Pub. L. 103–337, div. A, title VI, § 639(a), Oct. 5, 1994, 108 Stat. 2791; Pub. L. 103–359, title VIII, § 805, Oct. 14, 1994, 108 Stat. 3441; Pub. L. 115–91, div. A, title X, § 1081(c)(3), Dec. 12, 2017, 131 Stat. 1599.)
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## Notes
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Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 2282.Sept. 26, 1961, Pub. L. 87–299, § 1 “Sec. 1”, 75 Stat. 640. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
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Editorial Notes
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References in TextPars. (2), (3) and (4) of subsec. (b) of section 10 of the Atomic Energy Act of 1946 (60 Stat. 766, 767), as in effect before August 30, 1954, referred to in subsec. (b)(1)(D), are covered by sections 2274, 2275 and 2276, respectively, of Title 42, The Public Health and Welfare. Subsecs. (a) and (b) of section 16 of the Atomic Energy Act of 1946 (60 Stat. 773), as in effect before August 30, 1954, referred to in subsec. (b)(1)(E), are covered by sections 2272 and 2273, respectively, of Title 42. Articles 104, 106, and 106a of the Uniform Code of Military Justice, referred to in subsec. (b)(2)(A), are sections 904, 906, and 906a, respectively, of Title 10, Armed Forces. The Uniform Code of Military Justice, in its entirety, is set out in section 801 et seq. of Title 10. The National Security Act of 1947, referred to in subsec. (c)(1)(C), is act July 26, 1947, ch. 343, 61 Stat. 495, which was formerly classified principally to chapter 15 (§ 401 et seq.) of Title 50, War and National Defense, prior to editorial reclassification in chapter 44 (§ 3001 et seq.) of Title 50. Section 601 of the Act is now classified to section 3121 of Title 50. For complete classification of this Act to the Code, see Tables. The date of enactment of this subsection, referred to in subsec. (d)(1)(C), is the date of enactment of Pub. L. 103–359, which was approved Oct. 14, 1994.
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Amendments2017—Subsec. (b)(2)(A). Pub. L. 115–91 substituted “article 103a (espionage), or article 106 (spies)” for “article 106 (spies), or article 106a (espionage)”. 1994—Subsec. (b)(2)(A). Pub. L. 103–337 substituted “, article 106 (spies), or article 106a (espionage)” for “or article 106 (spies)”. Subsec. (d). Pub. L. 103–359 added subsec. (d). 1986—Subsec. (c)(1)(C). Pub. L. 99–569 inserted provisions relating to section 601 of the National Security Act of 1947. 1971—Subsec. (c)(1)(C). Pub. L. 92–128 struck out “, 822 (conspiracy or evasion of apprehension during internal security emergency), or 823 (aiding evasion or apprehension during internal security emergency)” after “classified information)”.
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Statutory Notes and Related Subsidiaries
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||||
|
||||
Effective Date of 2017 AmendmentAmendment by Pub. L. 115–91 effective immediately after the amendments made by div. E (§§ 5001–5542) of Pub. L. 114–328 take effect as provided for in section 5542 of that Act (10 U.S.C. 801 note) [amendments effective Jan. 1, 2019], see section 1081(c)(4) of Pub. L. 115–91, set out as a note under section 801 of Title 10, Armed Forces.
|
||||
|
||||
Effective Date of 1994 AmendmentSection 639(b) of Pub. L. 103–337 provided that: “The amendment made by subsection (a) [amending this section] shall take effect on the date of the enactment of this Act [Oct. 5, 1994] and shall apply to persons convicted of espionage under section 906a of title 10, United States Code (article 106a of the Uniform Code of Military Justice), on or after the date of the enactment of this Act.”
|
||||
@@ -0,0 +1,63 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 8313"
|
||||
description: "Absence from the United States to avoid prosecution"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "83"
|
||||
chapter_name: "RETIREMENT"
|
||||
section: "8313"
|
||||
citation: "5 U.S.C. § 8313"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s8313"
|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
|
||||
source_hash: "5e080c2354bb5771bd3ab64dca6738e008e310a0710459f4262a8afa4957a178"
|
||||
raw_snapshot_hash: "719fdb18e7085aede50e1e97c1c129fa6058e2c5c12b3d77a9b9044b1769e540"
|
||||
text_hash: "9d2d0d5f8b4cfcb274193e9ba955acbc9276e112aa09e9c2000039194cbc9ff9"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 8313 - Absence from the United States to avoid prosecution
|
||||
|
||||
## Text
|
||||
|
||||
(a) An individual, or his survivor or beneficiary, may not be paid annuity or retired pay on the basis of the service of the individual which is creditable toward the annuity or retired pay, subject to the exceptions in section 8311(2) and (3) of this title, if the individual—
|
||||
|
||||
(1) is under indictment, or has outstanding against him charges preferred under the Uniform Code of Military Justice—
|
||||
|
||||
(A) after July 31, 1956, for an offense named by section 8312(b) of this title; or
|
||||
|
||||
(B) after September 26, 1961, for an offense named by section 8312(c) of this title; and
|
||||
|
||||
(2) willfully remains outside the United States, or its territories and possessions including the Commonwealth of Puerto Rico, for more than 1 year with knowledge of the indictment or charges, as the case may be.
|
||||
|
||||
(b) The prohibition on payment of annuity or retired pay under subsection (a) of this section applies to the period after the end of the 1-year period and continues until—
|
||||
|
||||
(1) a nolle prosequi to the entire indictment is entered on the record or the charges are dismissed by competent authority;
|
||||
|
||||
(2) the individual returns and thereafter the indictment or charges is or are dismissed; or
|
||||
|
||||
(3) after trial by court or court-martial, the accused is found not guilty of the offense or offenses.
|
||||
|
||||
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 561.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 2283a.Sept. 26, 1961, Pub. L. 87–299, § 1, “Sec. 3”, 75 Stat. 643. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextThe Uniform Code of Military Justice, referred to in text, is classified to chapter 47 (§ 801 et seq.) of Title 10, Armed Forces.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Suspension of Payment of Retired Pay of Members Who Are Absent From United States To Avoid ProsecutionPub. L. 104–201, div. A, title VI, § 633, Sept. 23, 1996, 110 Stat. 2550, provided that: “(a) Development of Procedures for Suspension.—The Secretary of Defense shall develop uniform procedures under which the Secretary of a military department may suspend the payment of the retired pay of a member or former member of the Armed Forces during periods in which the member willfully remains outside the United States to avoid criminal prosecution or civil liability. The procedures shall address the types of criminal offenses and civil proceedings for which the procedures may be used, including the offenses specified in section 8312 of title 5, United States Code, and the manner by which a member, upon the return of the member to the United States, may obtain retired pay withheld during the member’s absence. “(b) Report to Congress.—The Secretary of Defense shall submit to Congress a report describing the procedures developed under subsection (a). The report shall include recommendations regarding changes to existing provisions of law (including section 8313 of title 5, United States Code) that the Secretary determines are necessary to fully implement the procedures. “(c) Retired Pay Defined.—For purposes of this section, the term ‘retired pay’ means retired pay, retirement pay, retainer pay, or equivalent pay, payable under a statute to a member or former member of a uniformed service. “(d) Effective Date.—The uniform procedures required by subsection (a) shall be developed not later than 30 days after the date of the enactment of this Act [Sept. 23, 1996].”
|
||||
@@ -0,0 +1,45 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 8314"
|
||||
description: "Refusal to testify"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "83"
|
||||
chapter_name: "RETIREMENT"
|
||||
section: "8314"
|
||||
citation: "5 U.S.C. § 8314"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s8314"
|
||||
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|
||||
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|
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|
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text_hash: "e8677a646e92e6f48eb6fcf459f4ad7008b37c6e76c7897a022cd6dbd1ef54d5"
|
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retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 8314 - Refusal to testify
|
||||
|
||||
## Text
|
||||
|
||||
(a) An individual, or his survivor or beneficiary, may not be paid annuity or retired pay on the basis of the service of the individual which is creditable toward the annuity or retired pay, subject to the exceptions in section 8311(2) and (3) of this title, if the individual, before, on, or after September 1, 1954, refused or refuses, or knowingly and willfully failed or fails, to appear, testify, or produce a book, paper, record, or other document, relating to his service as an employee, before a Federal grand jury, court of the United States, court-martial, or congressional committee, in a proceeding concerning—
|
||||
|
||||
(1) his past or present relationship with a foreign government; or
|
||||
|
||||
(2) a matter involving or relating to an interference with or endangerment of, or involving or relating to a plan or attempt to interfere with or endanger, the national security or defense of the United States.
|
||||
|
||||
(b) The prohibition on payment of annuity or retired pay under subsection (a) of this section applies to the period after the date of the failure or refusal of the individual, or after September 1, 1954, whichever is later.
|
||||
|
||||
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 561.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 2283(a).Sept. 26, 1961, Pub. L. 87–299, § 1 “Sec. 2(a)”, 75 Stat. 642. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
|
||||
@@ -0,0 +1,63 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 8315"
|
||||
description: "Falsifying employment applications"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "83"
|
||||
chapter_name: "RETIREMENT"
|
||||
section: "8315"
|
||||
citation: "5 U.S.C. § 8315"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s8315"
|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
|
||||
source_hash: "6c8e54e652c6266a63aa90a89d937f48c4f527c5886709a5079cda1366552053"
|
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raw_snapshot_hash: "719fdb18e7085aede50e1e97c1c129fa6058e2c5c12b3d77a9b9044b1769e540"
|
||||
text_hash: "7bc4b842013ffef9de282fe35ce2cfe86a2dfd9234832a0ccca97080c72271d9"
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retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 8315 - Falsifying employment applications
|
||||
|
||||
## Text
|
||||
|
||||
(a) An individual, or his survivor or beneficiary, may not be paid annuity or retired pay on the basis of the service of the individual which is creditable toward the annuity or retired pay, subject to the exceptions in section 8311(2) and (3) of this title, if the individual knowingly and willfully made or makes a false, fictitious, or fraudulent statement or representation, or knowingly and willfully concealed or conceals a material fact—
|
||||
|
||||
(1) before, on, or after September 1, 1954, concerning his—
|
||||
|
||||
(A) past or present membership in, affiliation or association with, or support of the Communist Party, or a chapter, branch, or subdivision thereof, in or outside the United States, or other organization, party, or group advocating—
|
||||
|
||||
(i) the overthrow, by force, violence, or other unconstitutional means, of the Government of the United States;
|
||||
|
||||
(ii) the establishment, by force, violence, or other unconstitutional means, of a Communist totalitarian dictatorship in the United States; or
|
||||
|
||||
(iii) the right to strike against the United States;
|
||||
|
||||
(B) conviction of an offense named by subsection (b) of section 8312 of this title, to the extent provided by that subsection; or
|
||||
|
||||
(C) failure or refusal to appear, testify, or produce a book, paper, record, or other document, as specified by section 8314 of this title; or
|
||||
|
||||
(2) before, on, or after September 26, 1961, concerning his conviction of an offense named by subsection (c) of section 8312 of this title, to the extent provided by that subsection;
|
||||
|
||||
in a document executed by the individual in connection with his employment in, or application for, a civilian or military office or position in or under the legislative, executive, or judicial branch of the Government of the United States or the government of the District of Columbia.
|
||||
|
||||
(b) The prohibition on the payment of annuity or retired pay applies—
|
||||
|
||||
(1) with respect to matters specified by subsection (a)(1) of this section, to the period after the statement, representation, or concealment of fact is made or occurs, or after September 1, 1954, whichever is later; and
|
||||
|
||||
(2) with respect to matters specified by subsection (a)(2) of this section, to the period after the statement, representation, or concealment of fact is made or occurs, or after September 26, 1961, whichever is later.
|
||||
|
||||
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 562.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 2283(b), (c).Sept. 26, 1961, Pub. L. 87–299, § 1 “Sec. 2(b), (c)”, 75 Stat. 642. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
|
||||
@@ -0,0 +1,61 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 8316"
|
||||
description: "Refund of contributions and deposits"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "83"
|
||||
chapter_name: "RETIREMENT"
|
||||
section: "8316"
|
||||
citation: "5 U.S.C. § 8316"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s8316"
|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
|
||||
source_hash: "e654d8e5c9f10a8d23feb58d34c61674809944595ea8b83025a5c6c71023e8b6"
|
||||
raw_snapshot_hash: "719fdb18e7085aede50e1e97c1c129fa6058e2c5c12b3d77a9b9044b1769e540"
|
||||
text_hash: "01f1c5af1322d8898e64949dd19a22853610bbb443bb7bf851231f6608eb1b1d"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 8316 - Refund of contributions and deposits
|
||||
|
||||
## Text
|
||||
|
||||
(a) When payment of annuity or retired pay is denied under this subchapter because an individual was convicted of an offense named by section 8312 of this title, to the extent provided by that section, or violated section 8314 or 8315 of this title—
|
||||
|
||||
(1) the amount, except employment taxes, contributed by the individual toward the annuity, less the amount previously refunded or paid as annuity benefits; and
|
||||
|
||||
(2) deposits made under section 1438 of title 10 or section 5 of the Uniformed Services Contingency Option Act of 1953 (67 Stat. 504) to provide the eligible beneficiary with annuity for any period, less the amount previously paid as retired pay benefits;
|
||||
|
||||
shall be refunded, on appropriate application therefor—
|
||||
|
||||
(A) to the individual;
|
||||
|
||||
(B) if the individual is dead, to the beneficiary designated to receive refunds by or under the statute, regulation, or agreement under which the annuity, the benefits of which are denied under this subchapter, would have been payable; or
|
||||
|
||||
(C) if a beneficiary is not designated, in the order of precedence prescribed by section 8342(c) of this title or section 2771 of title 10, as the case may be.
|
||||
|
||||
(b) A refund under subsection (a) of this section shall be made with interest at the rate and for the period provided under the statute, regulation, or agreement under which the annuity would have been payable. However, interest may not be computed—
|
||||
|
||||
(1) if the individual was convicted of an offense named by section 8312(b) of this title, or violated section 8314 or 8315(a)(1) of this title, for the period after the conviction or commission of the violation, or after September 1, 1954, whichever is later; or
|
||||
|
||||
(2) if the individual was convicted of an offense named by section 8312(c) of this title, or violated section 8315(a)(2) of this title, for the period after the conviction or commission of the violation, or after September 26, 1961, whichever is later.
|
||||
|
||||
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 563.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 2284(a), (b).Sept. 26, 1961, Pub. L. 87–299, § 1 “Sec. 4(a), (b)”, 75 Stat. 644. 5 U.S.C. 2284a(b).Sept. 26, 1961, Pub. L. 87–299, § 1 “Sec. 5(b)”, 75 Stat. 645. This section is reorganized for clarity and conciseness. The words “and section 3282 of Title 18” in former section 2284(a) are omitted as unnecessary. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextSection 5 of the Uniform Services Contingency Option Act of 1953 (67 Stat. 504), referred to in text, is covered by section 1438 of Title 10, Armed Forces.
|
||||
@@ -0,0 +1,45 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 8317"
|
||||
description: "Repayment of annuity or retired pay properly paid; waiver"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
chapter_number: "83"
|
||||
chapter_name: "RETIREMENT"
|
||||
section: "8317"
|
||||
citation: "5 U.S.C. § 8317"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
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|
||||
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|
||||
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|
||||
source_identifier: "/us/usc/t5/s8317"
|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
|
||||
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|
||||
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|
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|
||||
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 8317 - Repayment of annuity or retired pay properly paid; waiver
|
||||
|
||||
## Text
|
||||
|
||||
(a) An individual, or his survivor or beneficiary, to whom payment of annuity is denied under this subchapter is not thereafter required to repay that part of the annuity otherwise properly paid to the individual, or to his survivor or beneficiary on the basis of the service of the individual, which is in excess of the aggregate amount of the contributions of the individual toward the annuity, with applicable interest.
|
||||
|
||||
(b) An individual, including an eligible beneficiary under chapter 73 of title 10 or section 5 of the Uniformed Services Contingency Option Act of 1953 (67 Stat. 504), to whom payment of retired pay is denied under this subchapter is not thereafter required to repay retired pay otherwise properly paid to the individual or beneficiary which is paid in violation of this subchapter.
|
||||
|
||||
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 563.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large (a)5 U.S.C. 2284(c), (d).Sept. 26, 1961, Pub. L. 87–299, § 1 “Sec. 4(c), (d)”, 75 Stat. 644. (b)5 U.S.C. 2284a(a).Sept. 26, 1961, Pub. L. 87–299, § 1 “Sec. 5(a)”, 75 Stat. 645. The words “and section 3282 of Title 18” are omitted as unnecessary. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextSection 5 of the Uniformed Services Contingency Option Act of 1953 (67 Stat. 504), referred to in text, is covered by section 1438 of Table 10, Armed Forces.
|
||||
@@ -0,0 +1,63 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 8318"
|
||||
description: "Restoration of annuity or retired pay"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "83"
|
||||
chapter_name: "RETIREMENT"
|
||||
section: "8318"
|
||||
citation: "5 U.S.C. § 8318"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s8318"
|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
|
||||
source_hash: "b4731519c21672ca1ebdade83ee3a90b7189396dce4a0c755938f669def85762"
|
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|
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text_hash: "baa97623138b8f73f54c33840a11b9d937a9b4e735028acd4d3a2814b9a8fc04"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 8318 - Restoration of annuity or retired pay
|
||||
|
||||
## Text
|
||||
|
||||
(a) If an individual who was convicted, before, on, or after September 1, 1954, of—
|
||||
|
||||
(1) an offense named by section 8312 of this title; or
|
||||
|
||||
(2) an offense constituting a violation of section 8314 or 8315 of this title;
|
||||
|
||||
is pardoned by the President, the right of the individual and his survivor or beneficiary to receive annuity or retired pay previously denied under this subchapter is restored as of the date of the pardon.
|
||||
|
||||
(b) The President may restore, effective as of the date he prescribes, the right to receive annuity or retired pay which is denied, before, on, or after September 1, 1954, under section 8314 or 8315 of this title, to the individual and to his survivor or beneficiary.
|
||||
|
||||
(c) Payment of annuity or retired pay which results from pardon or restoration by the President under subsection (a) or (b) of this section may not be made for a period before—
|
||||
|
||||
(1) the date of pardon referred to by subsection (a) of this section; or
|
||||
|
||||
(2) the effective date of restoration referred to by subsection (b) of this section.
|
||||
|
||||
(d) Credit for a period of service covered by a refund under section 8316 of this title is allowed only after the amount refunded has been redeposited.
|
||||
|
||||
(e) The spouse of an individual whose annuity or retired pay is forfeited under section 8312 or 8313 after the date of enactment of this subsection shall be eligible for spousal pension benefits if the Attorney General of the United States determines that the spouse fully cooperated with Federal authorities in the conduct of a criminal investigation and subsequent prosecution of the individual which resulted in such forfeiture.
|
||||
|
||||
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 563; Pub. L. 104–93, title III, § 305, Jan. 6, 1996, 109 Stat. 965.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 2285(a), (b).Sept. 26, 1961, Pub. L. 87–299, § 1 “Sec. 6(a), (b)”, 75 Stat. 645. The section is reorganized for clarity and conciseness. The words “and section 3282 of Title 18” are omitted as unnecessary. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextThe date of enactment of this subsection, referred to in subsec. (e), is the date of enactment of Pub. L. 104–93, which was approved Jan. 6, 1996.
|
||||
|
||||
Amendments1996—Subsec. (e). Pub. L. 104–93 added subsec. (e).
|
||||
@@ -0,0 +1,51 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 8319"
|
||||
description: "Removal of members of the uniformed services from rolls; restoration; reappointment"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "83"
|
||||
chapter_name: "RETIREMENT"
|
||||
section: "8319"
|
||||
citation: "5 U.S.C. § 8319"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s8319"
|
||||
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|
||||
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|
||||
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||||
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 8319 - Removal of members of the uniformed services from rolls; restoration; reappointment
|
||||
|
||||
## Text
|
||||
|
||||
(a) The President may drop from the rolls a member of a uniformed service who is deprived of retired pay under this subchapter.
|
||||
|
||||
(b) The President may restore—
|
||||
|
||||
(1) military status to an individual dropped from the rolls to whom retired pay is restored under this subchapter or under section 2 of the Act of September 26, 1961 (75 Stat. 648); and
|
||||
|
||||
(2) all rights and privileges to the individual and his beneficiaries of which he or they were deprived because his name was dropped from the rolls.
|
||||
|
||||
(c) If the individual restored was a commissioned officer, the President alone may reappoint him to the grade and position on the retired list held when his name was dropped from the rolls.
|
||||
|
||||
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 564.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 2287.Sept. 26, 1961, Pub. L. 87–299, § 1 “Sec. 8”, 75 Stat. 646. The words “and section 3282 of Title 18” are omitted as unnecessary. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextSection 2 of the Act of September 26, 1961 (75 Stat. 648), referred to in subsec. (b)(1), is set out as a note under section 8322 of this title.
|
||||
@@ -0,0 +1,43 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 8320"
|
||||
description: "Offense or violation committed in compliance with orders"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
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|
||||
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|
||||
chapter_number: "83"
|
||||
chapter_name: "RETIREMENT"
|
||||
section: "8320"
|
||||
citation: "5 U.S.C. § 8320"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s8320"
|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
|
||||
source_hash: "520329f0d37fb465a1c08a45c4192d20e2e5b20bc8e30cf6f8b839ac4f2e5ef9"
|
||||
raw_snapshot_hash: "719fdb18e7085aede50e1e97c1c129fa6058e2c5c12b3d77a9b9044b1769e540"
|
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text_hash: "d6ea9f7613548de31a7f2f8be0b5ff287f9bdb511256d70860cf0dbbc52d4d8f"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 8320 - Offense or violation committed in compliance with orders
|
||||
|
||||
## Text
|
||||
|
||||
When it is established by satisfactory evidence that an individual—
|
||||
|
||||
(1) was convicted of an offense named by section 8312 of this title; or
|
||||
|
||||
(2) violated section 8314 or 8315 of this title; as a result of proper compliance with orders issued, in a confidential relationship, by an agency or other authority of the Government of the United States or the government of the District of Columbia, the right to receive annuity or retired pay may not be denied.
|
||||
|
||||
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 564.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 2285(c).Sept. 26, 1961, Pub. L. 87–299, § 1 “Sec. 6(c)”, 75 Stat. 645. The reference to conviction of an offense which constitutes a violation of former section 2283 (which is carried into this title as sections 8314 and 8315) is omitted as being covered by the words “violated section 8314 or 8315 of this title” which are added on authority of the words “conviction or violation” in former section 2285(c). Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
|
||||
@@ -0,0 +1,39 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 8321"
|
||||
description: "Liability of accountable employees"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "83"
|
||||
chapter_name: "RETIREMENT"
|
||||
section: "8321"
|
||||
citation: "5 U.S.C. § 8321"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s8321"
|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
|
||||
source_hash: "593dcd2261475000ccf2ecedeeb7fa4cc6784bf72fdf0c699ff0c212681037cc"
|
||||
raw_snapshot_hash: "719fdb18e7085aede50e1e97c1c129fa6058e2c5c12b3d77a9b9044b1769e540"
|
||||
text_hash: "695b5e059a2349c0b785aa4d298cfeca12b83378fd750031a3b19f393aec33ed"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 8321 - Liability of accountable employees
|
||||
|
||||
## Text
|
||||
|
||||
An accountable employee may not be held responsible for a payment made in violation of this subchapter when the payment made is in due course and without fraud, collusion, or gross negligence.
|
||||
|
||||
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 564.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 2286.Sept. 26, 1961, Pub. L. 87–299, § 1 “Sec. 7”, 75 Stat. 645. The words “and section 3282 of Title 18” are omitted as unnecessary. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
|
||||
@@ -0,0 +1,43 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 8322"
|
||||
description: "Effect on other statutes"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "83"
|
||||
chapter_name: "RETIREMENT"
|
||||
section: "8322"
|
||||
citation: "5 U.S.C. § 8322"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s8322"
|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
|
||||
source_hash: "61208ad81a814b32e24a6a0b6f8e478c59da392121e85e37d511459eb67065ae"
|
||||
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|
||||
text_hash: "ff9ff446c24c43d3ed216e15be5ddd49cc6f1dfd241b9e0dbeeea74c6714cd3b"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 8322 - Effect on other statutes
|
||||
|
||||
## Text
|
||||
|
||||
This subchapter does not restrict authority under a statute, other than this subchapter, to deny or withhold benefits authorized by statute.
|
||||
|
||||
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 564.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 2288.Sept. 26, 1961, Pub. L. 87–299, § 1 “Sec. 9”, 75 Stat. 646. The words “and section 3282 of Title 18” are omitted as unnecessary. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Retroactive Restoration of Annuity and Retired Pay; Redeposits of Contributions and OffsetsSection 2 of Pub. L. 87–299, Sept. 26, 1961, 75 Stat. 648, provided that: “(a) Subject to subsection (b) of this section, any person, including his survivor or beneficiary, to whom annuity or retired pay is not payable under the Act of September 1, 1954 [this subchapter], as in effect at any time prior to the date of enactment of this Act [Sept. 26, 1961], by reason of any conviction of an offense, any commission of a violation, any refusal to answer, or any absence under indictment, or under charges, for any offense, shall be restored the right to receive such annuity or retired pay for any and all periods for which he would have had the right to receive such annuity or retired pay if the Act of September 1, 1954 [this subchapter], had not been enacted, unless, under the amendment made by the first section of this Act [amending former chapter 31 of this title, now this subchapter, and section 3282 of Title 18, Crimes and Criminal Procedure], such annuity or retired pay remains nonpayable to such person, including his survivor or beneficiary. “(b) No annuity accrued or accruing, prior to, on, or after the date of enactment of this Act [Sept. 26, 1961], on account of the restoration, by reason of the amendment made by the first section of this Act [amending former chapter 31 of this title, now this subchapter, and section 3282 of Title 18] and by reason of subsection (a) of this section, of the right to receive such annuity, shall be paid until any sum refunded under section 3 of the Act of September 1, 1954 [former section 2284 of this title, now section 8316 of this title, prior to amendment Sept. 26, 1961], as in effect prior to the date of enactment of such amendment [Sept. 26, 1961], is deposited or is collected by offset against the annuity.”
|
||||
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|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 8333"
|
||||
description: "Eligibility for annuity"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "83"
|
||||
chapter_name: "RETIREMENT"
|
||||
section: "8333"
|
||||
citation: "5 U.S.C. § 8333"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s8333"
|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
|
||||
source_hash: "177da00552fc904468f3ea3bdcff0552dc44333d14ce77865bcc634406eaa2c9"
|
||||
raw_snapshot_hash: "719fdb18e7085aede50e1e97c1c129fa6058e2c5c12b3d77a9b9044b1769e540"
|
||||
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||||
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 8333 - Eligibility for annuity
|
||||
|
||||
## Text
|
||||
|
||||
(a) An employee must complete at least 5 years of civilian service before he is eligible for an annuity under this subchapter.
|
||||
|
||||
(b) An employee or Member must complete, within the last 2 years before any separation from service, except a separation because of death or disability, at least 1 year of creditable civilian service during which he is subject to this subchapter before he or his survivors are eligible for annuity under this subchapter based on the separation. If an employee or Member, except an employee or Member separated from the service because of death or disability, fails to meet the service requirement of the preceding sentence, the amounts deducted from his pay during the service for which no eligibility for annuity is established based on the separation shall be returned to him on the separation. Failure to meet this service requirement does not deprive the individual or his survivors of annuity rights which attached on a previous separation.
|
||||
|
||||
(c) A Member or his survivor is eligible for an annuity under this subchapter only if the amounts named by section 8334 of this title have been deducted or deposited with respect to his last 5 years of civilian service, or, in the case of a survivor annuity under section 8341(d) or (e)(1) of this title, with respect to his total service.
|
||||
|
||||
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 569; Pub. L. 91–93, title II, § 201(b), Oct. 20, 1969, 83 Stat. 138; Pub. L. 94–183, § 2(34), Dec. 31, 1975, 89 Stat. 1058.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large (a), (b)5 U.S.C. 2253(f), (g).July 31, 1956, ch. 804, § 401 “Sec. 3(f), (g)”, 70 Stat. 746. (c)5 U.S.C. 2256(f) (last sentence).July 31, 1956, ch. 804, § 401 “Sec. 6(f) (last sentence)”, 70 Stat. 750.Aug. 27, 1958, Pub. L. 85–772, § 1(a), 72 Stat. 930. In subsection (c), the words “eligible for” are substituted for “entitled to”. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1975—Subsec. (c). Pub. L. 94–183 substituted “of this title” for “of title 5” and “of this title” for “of this chapter”. 1969—Subsec. (c). Pub. L. 91–93 provided for eligibility for a survivor annuity under section 8341(d) or (e)(1) of this title only if the requisite amounts are deducted or deposited with respect to total service period.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1969 AmendmentAmendment by Pub. L. 91–93 inapplicable in cases of persons retired or otherwise separated prior to Oct. 20, 1969, their rights and of their survivors continued as if such amendment had not been enacted, see section 207(a) of Pub. L. 91–93, set out as a note under section 8331 of this title.
|
||||
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@@ -0,0 +1,167 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 8336a"
|
||||
description: "Phased retirement"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "83"
|
||||
chapter_name: "RETIREMENT"
|
||||
section: "8336a"
|
||||
citation: "5 U.S.C. § 8336a"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s8336a"
|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
|
||||
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|
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||||
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 8336a - Phased retirement
|
||||
|
||||
## Text
|
||||
|
||||
(a) For the purposes of this section—
|
||||
|
||||
(1) the term “composite retirement annuity” means the annuity computed when a phased retiree attains full retirement status;
|
||||
|
||||
(2) the term “full retirement status” means that a phased retiree has ceased employment and is entitled, upon application, to a composite retirement annuity;
|
||||
|
||||
(3) the term “phased employment” means the less-than-full-time employment of a phased retiree;
|
||||
|
||||
(4) the term “phased retiree” means a retirement-eligible employee who—
|
||||
|
||||
(A) makes an election under subsection (b); and
|
||||
|
||||
(B) has not entered full retirement status;
|
||||
|
||||
(5) the term “phased retirement annuity” means the annuity payable under this section before full retirement;
|
||||
|
||||
(6) the term “phased retirement percentage” means the percentage which, when added to the working percentage for a phased retiree, produces a sum of 100 percent;
|
||||
|
||||
(7) the term “phased retirement period” means the period beginning on the date on which an individual becomes entitled to receive a phased retirement annuity and ending on the date on which the individual dies or separates from phased employment;
|
||||
|
||||
(8) the term “phased retirement status” means that a phased retiree is concurrently employed in phased employment and eligible to receive a phased retirement annuity;
|
||||
|
||||
(9) the term “retirement-eligible employee”—
|
||||
|
||||
(A) means an individual who, if the individual separated from the service, would meet the requirements for retirement under subsection (a) or (b) of section 8336; but
|
||||
|
||||
(B) does not include an employee described in section 8335 after the date on which the employee is required to be separated from the service by reason of such section; and
|
||||
|
||||
(10) the term “working percentage” means the percentage of full-time employment equal to the quotient obtained by dividing—
|
||||
|
||||
(A) the number of hours per pay period to be worked by a phased retiree, as scheduled in accordance with subsection (b)(2); by
|
||||
|
||||
(B) the number of hours per pay period to be worked by an employee serving in a comparable position on a full-time basis.
|
||||
|
||||
(b) (1) With the concurrence of the head of the employing agency, and under regulations promulgated by the Director, a retirement-eligible employee who has been employed on a full-time basis for not less than the 3-year period ending on the date on which the retirement-eligible employee makes an election under this subsection may elect to enter phased retirement status.
|
||||
|
||||
(2) (A) Subject to subparagraph (B), at the time of entering phased retirement status, a phased retiree shall be appointed to a position for which the working percentage is 50 percent.
|
||||
|
||||
(B) The Director may, by regulation, provide for working percentages different from the percentage specified under subparagraph (A), which shall be not less than 20 percent and not more than 80 percent.
|
||||
|
||||
(C) The working percentage for a phased retiree may not be changed during the phased retiree’s phased retirement period.
|
||||
|
||||
(D) (i) Not less than 20 percent of the hours to be worked by a phased retiree shall consist of mentoring.
|
||||
|
||||
(ii) The Director may, by regulation, provide for exceptions to the requirement under clause (i).
|
||||
|
||||
(iii) Clause (i) shall not apply to a phased retiree serving in the United States Postal Service. Nothing in this clause shall prevent the application of clause (i) or (ii) with respect to a phased retiree serving in the Postal Regulatory Commission.
|
||||
|
||||
(3) A phased retiree—
|
||||
|
||||
(A) may not be employed in more than one position at any time; and
|
||||
|
||||
(B) may transfer to another position in the same or a different agency, only if the transfer does not result in a change in the working percentage.
|
||||
|
||||
(4) A retirement-eligible employee may make not more than one election under this subsection during the retirement-eligible employee’s lifetime.
|
||||
|
||||
(5) A retirement-eligible employee who makes an election under this subsection may not make an election under section 8343a.
|
||||
|
||||
(c) (1) Except as otherwise provided under this subsection, the phased retirement annuity for a phased retiree is the product obtained by multiplying—
|
||||
|
||||
(A) the amount of an annuity computed under section 8339 that would have been payable to the phased retiree if, on the date on which the phased retiree enters phased retirement status, the phased retiree had separated from service and retired under section 8336(a) or (b); by
|
||||
|
||||
(B) the phased retirement percentage for the phased retiree.
|
||||
|
||||
(2) A phased retirement annuity shall be paid in addition to the basic pay for the position to which a phased retiree is appointed during phased employment.
|
||||
|
||||
(3) A phased retirement annuity shall be adjusted in accordance with section 8340.
|
||||
|
||||
(4) (A) A phased retirement annuity shall not be subject to reduction for any form of survivor annuity, shall not serve as the basis of the computation of any survivor annuity, and shall not be subject to any court order requiring a survivor annuity to be provided to any individual.
|
||||
|
||||
(B) A phased retirement annuity shall be subject to a court order providing for division, allotment, assignment, execution, levy, attachment, garnishment, or other legal process on the same basis as other annuities.
|
||||
|
||||
(5) Any reduction of a phased retirement annuity based on an election under section 8334(d)(2) shall be applied to the phased retirement annuity after computation under paragraph (1).
|
||||
|
||||
(6) (A) Any deposit, or election of an actuarial annuity reduction in lieu of a deposit, for military service or for creditable civilian service for which retirement deductions were not made or refunded shall be made by a retirement-eligible employee at or before the time the retirement-eligible employee enters phased retirement status. No such deposit may be made, or actuarial adjustment in lieu thereof elected, at the time a phased retiree enters full retirement status.
|
||||
|
||||
(B) Notwithstanding subparagraph (A), if a phased retiree does not make such a deposit and dies in service as a phased retiree, a survivor of the phased retiree shall have the same right to make such deposit as would have been available had the employee not entered phased retirement status and died in service.
|
||||
|
||||
(C) If a phased retiree makes an election for an actuarial annuity reduction under section 8334(d)(2) and dies in service as a phased retiree, the amount of any deposit upon which such actuarial reduction shall have been based shall be deemed to have been fully paid.
|
||||
|
||||
(7) A phased retirement annuity shall commence on the date on which a phased retiree enters phased employment.
|
||||
|
||||
(8) No unused sick leave credit may be used in the computation of the phased retirement annuity.
|
||||
|
||||
(d) All basic pay not in excess of the full-time rate of pay for the position to which a phased retiree is appointed shall be deemed to be basic pay for purposes of section 8334.
|
||||
|
||||
(e) Under such procedures as the Director may prescribe, a phased retiree may elect to enter full retirement status at any time. Upon making such an election, a phased retiree shall be entitled to a composite retirement annuity.
|
||||
|
||||
(f) (1) Except as provided otherwise under this subsection, a composite retirement annuity is a single annuity computed under regulations prescribed by the Director, equal to the sum of—
|
||||
|
||||
(A) the amount of the phased retirement annuity as of the date of full retirement, before any reduction based on an election under section 8334(d)(2), and including any adjustments made under section 8340; and
|
||||
|
||||
(B) the product obtained by multiplying—
|
||||
|
||||
(i) the amount of an annuity computed under section 8339 that would have been payable at the time of full retirement if the individual had not elected a phased retirement and as if the individual was employed on a full-time basis in the position occupied during the phased retirement period and before any reduction for survivor annuity or reduction based on an election under section 8334(d)(2); by
|
||||
|
||||
(ii) the working percentage.
|
||||
|
||||
(2) After computing a composite retirement annuity under paragraph (1), the Director shall adjust the amount of the annuity for any applicable reductions for a survivor annuity and any previously elected actuarial reduction under section 8334(d)(2).
|
||||
|
||||
(3) A composite retirement annuity shall be adjusted in accordance with section 8340, except that subsection (c)(1) of that section shall not apply.
|
||||
|
||||
(4) In computing a composite retirement annuity under paragraph (1)(B)(i), the unused sick leave to the credit of a phased retiree at the time of entry into full retirement status shall be adjusted by dividing the number of hours of unused sick leave by the working percentage.
|
||||
|
||||
(g) (1) Under such procedures and conditions as the Director may provide, and with the concurrence of the head of the employing agency, a phased retiree may elect to terminate phased retirement status and return to a full-time work schedule.
|
||||
|
||||
(2) Upon entering a full-time work schedule based upon an election under paragraph (1), the phased retirement annuity of a phased retiree shall terminate.
|
||||
|
||||
(3) After the termination of a phased retirement annuity under this subsection, the individual’s rights under this subchapter shall be determined based on the law in effect at the time of any subsequent separation from service. For purposes of this subchapter or chapter 84, at time of the subsequent separation from service, the phased retirement period shall be treated as if it had been a period of part-time employment with the work schedule described in subsection (b)(2).
|
||||
|
||||
(h) For purposes of section 8341—
|
||||
|
||||
(1) the death of a phased retiree shall be deemed to be the death in service of an employee; and
|
||||
|
||||
(2) the phased retirement period shall be deemed to have been a period of part-time employment with the work schedule described in subsection (b)(2).
|
||||
|
||||
(i) Employment of a phased retiree shall not be deemed to be part-time career employment, as defined in section 3401(2).
|
||||
|
||||
(j) A phased retiree is not eligible to apply for an annuity under section 8337.
|
||||
|
||||
(k) For purposes of section 8341(h)(4), retirement shall be deemed to occur on the date on which a phased retiree enters into full retirement status.
|
||||
|
||||
(l) For purposes of sections 8343 and 8351, and subchapter III of chapter 84, a phased retiree shall be deemed to be an employee.
|
||||
|
||||
(m) A phased retiree is not subject to section 8344.
|
||||
|
||||
(n) For purposes of chapter 87, a phased retiree shall be deemed to be receiving basic pay at the rate of a full-time employee in the position to which the phased retiree is appointed.
|
||||
|
||||
(Added Pub. L. 112–141, div. F, title I, § 100121(a)(2), July 6, 2012, 126 Stat. 907.)
|
||||
|
||||
## Notes
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective DateSection effective on Nov. 6, 2014, see section 100121(d) of Pub. L. 112–141, set out as an Effective Date of 2012 Amendment note under section 8331 of this title.
|
||||
File diff suppressed because one or more lines are too long
@@ -0,0 +1,55 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 8338"
|
||||
description: "Deferred retirement"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "83"
|
||||
chapter_name: "RETIREMENT"
|
||||
section: "8338"
|
||||
citation: "5 U.S.C. § 8338"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s8338"
|
||||
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|
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source_hash: "1ccd836ea7009036e92522f8c6f6734cf295dd72f55fd3b1986702dd7ccdd26b"
|
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raw_snapshot_hash: "719fdb18e7085aede50e1e97c1c129fa6058e2c5c12b3d77a9b9044b1769e540"
|
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text_hash: "87dc01f4ad9e3cab5765579bb3ef77ad1966ed46662e1f150f139bbf4c7de97b"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 8338 - Deferred retirement
|
||||
|
||||
## Text
|
||||
|
||||
(a) An employee who is separated from the service or transferred to a position in which he does not continue subject to this subchapter after completing 5 years of civilian service is entitled to an annuity beginning at the age of 62 years.
|
||||
|
||||
(b) A Member who, after December 31, 1955, is separated from the service as a Member after completing 5 years of civilian service is entitled to an annuity beginning at the age of 62 years. A Member who is separated from the service after completing 10 or more years of Member service is entitled to an annuity beginning at the age of 60 years. A Member who is separated from the service after completing 20 or more years of service, including 10 or more years of Member service, is entitled to a reduced annuity beginning at the age of 50 years.
|
||||
|
||||
(c) A judge of the United States Court of Appeals for the Armed Forces who is separated from the service after completing 5 years of civilian service is entitled to an annuity beginning at the age of 62 years. A judge of such court who is separated from the service after completing the term of service for which he was appointed is entitled to an annuity. If an annuity is elected before the judge becomes 60 years of age, it shall be a reduced annuity.
|
||||
|
||||
(d) An annuity or reduced annuity authorized by this section is computed under section 8339 of this title.
|
||||
|
||||
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 574; Pub. L. 90–83, § 1(77), Sept. 11, 1967, 81 Stat. 214; Pub. L. 98–94, title XII, § 1256(d), Sept. 24, 1983, 97 Stat. 702; Pub. L. 103–337, div. A, title IX, § 924(d)(1)(A), Oct. 5, 1994, 108 Stat. 2832.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes 1966 Act DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 2258.July 31, 1956, ch. 804, § 401 “Sec. 8”, 70 Stat. 751.July 7, 1960, Pub. L. 86–604, § 1(c), 74 Stat. 358.July 12, 1960, Pub. L. 86–622, § 2(a), 74 Stat. 410. In subsection (b), the words “after December 31, 1955” are substituted for “on or after January 1, 1956”. The word “hereafter” is omitted as unnecessary. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
|
||||
|
||||
1967 ActThis section amends 5 U.S.C. 8338(a) for consistency within the subchapter and to reflect that it is the individual, rather than the position, that is subject to the subchapter.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1994—Subsec. (c). Pub. L. 103–337 substituted “Court of Appeals for the Armed Forces” for “Court of Military Appeals”. 1983—Subsecs. (c), (d). Pub. L. 98–94 added subsec. (c), and redesignated former subsec. (c) as (d).
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Savings Provisions Deferred Annuities Under Laws Repealed by Pub. L. 90–83Pub. L. 90–83, § 10(a), Sept. 11, 1967, 81 Stat. 222, provided that: “The right to a deferred annuity on satisfaction of the conditions attached thereto is continued notwithstanding the repeal by this Act of the law conferring the right.”
|
||||
File diff suppressed because one or more lines are too long
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|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 8342"
|
||||
description: "Lump-sum benefits; designation of beneficiary; order of precedence"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "83"
|
||||
chapter_name: "RETIREMENT"
|
||||
section: "8342"
|
||||
citation: "5 U.S.C. § 8342"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s8342"
|
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 8342 - Lump-sum benefits; designation of beneficiary; order of precedence
|
||||
|
||||
## Text
|
||||
|
||||
(a) Subject to subsection (j) of this section, an employee or Member who—
|
||||
|
||||
(1) (A) is separated from the service for at least thirty-one consecutive days; or
|
||||
|
||||
(B) is transferred to a position in which he is not subject to this subchapter, or chapter 84 of this title, and remains in such a position for at least thirty-one consecutive days;
|
||||
|
||||
(2) files an application with the Office of Personnel Management for payment of the lump-sum credit;
|
||||
|
||||
(3) is not reemployed in a position in which he is subject to this subchapter, or chapter 84 of this title, at the time he files the application; and
|
||||
|
||||
(4) will not become eligible to receive an annuity within thirty-one days after filing the application,
|
||||
|
||||
is entitled to be paid the lump-sum credit. Except as provided in section 8343a or 8334(d)(2) of this title, the receipt of the payment of the lump-sum credit by the employee or Member voids all annuity rights under this subchapter based on the service on which the lump-sum credit is based, until the employee or Member is reemployed in the service subject to this subchapter. In applying this subsection to an employee or Member who becomes subject to chapter 84 (other than by an election under title III of the Federal Employees’ Retirement System Act of 1986) and who, while subject to such chapter, files an application with the Office for a payment under this subsection—
|
||||
|
||||
(i) entitlement to payment of the lump-sum credit shall be determined without regard to paragraph (1) or (3) if, or to the extent that, such lump-sum credit relates to service of a type described in clauses (i) through (iii) of section 302(a)(1)(C) of the Federal Employees’ Retirement System Act of 1986; and
|
||||
|
||||
(ii) if, or to the extent that, the lump-sum credit so relates to service of a type referred to in clause (i), it shall (notwithstanding section 8331(8)) consist of—
|
||||
|
||||
(I) the amount by which any unrefunded amount described in section 8331(8)(A) or (B) relating to such service, exceeds 1.3 percent of basic pay for such service; and
|
||||
|
||||
(II) interest on the amount payable under subclause (I), computed in a manner consistent with applicable provisions of section 8331(8).
|
||||
|
||||
(b) Under regulations prescribed by the Office, a present or former employee or Member may designate a beneficiary or beneficiaries for the purpose of this subchapter.
|
||||
|
||||
(c) Lump-sum benefits authorized by subsections (d)–(f) of this section shall be paid to the person or persons surviving the employee or Member and alive at the date title to the payment arises in the following order of precedence, and the payment bars recovery by any other person:First, to the beneficiary or beneficiaries designated by the employee or Member in a signed and witnessed writing received in the Office before his death. For this purpose, a designation, change, or cancellation of beneficiary in a will or other document not so executed and filed has no force or effect. Second, if there is no designated beneficiary, to the widow or widower of the employee or Member. Third, if none of the above, to the child or children of the employee or Member and descendants of deceased children by representation. Fourth, if none of the above, to the parents of the employee or Member or the survivor of them. Fifth, if none of the above, to the duly appointed executor or administrator of the estate of the employee or Member. Sixth, if none of the above, to such other next of kin of the employee or Member as the Office determines to be entitled under the laws of the domicile of the employee or Member at the date of his death. For the purpose of this subsection, “child” includes a natural child and an adopted child, but does not include a stepchild.
|
||||
|
||||
(d) If an employee or Member dies—
|
||||
|
||||
(1) without a survivor; or
|
||||
|
||||
(2) with a survivor or survivors and the right of all survivors terminates before a claim for survivor annuity is filed;
|
||||
|
||||
or if a former employee or Member not retired dies, the lump-sum credit shall be paid.
|
||||
|
||||
(e) If all annuity rights under this subchapter based on the service of a deceased employee or Member terminate before the total annuity paid equals the lump-sum credit, the difference shall be paid.
|
||||
|
||||
(f) If an annuitant dies, annuity accrued and unpaid shall be paid.
|
||||
|
||||
(g) Annuity accrued and unpaid on the termination, except by death, of the annuity of an annuitant or survivor annuitant shall be paid to that individual. Annuity accrued and unpaid on the death of a survivor annuitant shall be paid in the following order of precedence, and the payment bars recovery by any other person:First, to the duly appointed executor or administrator of the estate of the survivor annuitant. Second, if there is no executor or administrator, payment may be made, after 30 days from the date of death of the survivor annuitant, to such next of kin of the survivor annuitant as the Office determines to be entitled under the laws of the domicile of the survivor annuitant at the date of his death.
|
||||
|
||||
(h) Amounts deducted and withheld from the basic pay of an employee or Member from the first day of the first month which begins after he has performed sufficient service (excluding service which the employee or Member elects to eliminate for the purpose of annuity computation under section 8339 of this title) to entitle him to the maximum annuity provided by section 8339 of this title, together with interest on the amounts at the rate of 3 percent a year compounded annually from the date of the deductions to the date of retirement or death, shall be applied toward any deposit due under section 8334 of this title, and any balance not so required is deemed a voluntary contribution for the purpose of section 8343 of this title.
|
||||
|
||||
(i) An employee who—
|
||||
|
||||
(1) is separated from the service before July 12, 1960; and
|
||||
|
||||
(2) continues in the service after July 12, 1960, without break in service of 1 workday or more;
|
||||
|
||||
is entitled to the benefits of subsection (h) of this section.
|
||||
|
||||
(j) (1) (A) Payment of the lump-sum credit under subsection (a) may be made only if the spouse, if any, and any former spouse of the employee or Member are notified of the employee or Member’s application.
|
||||
|
||||
(B) The Office shall prescribe regulations under which the lump-sum credit shall not be paid without the consent of a spouse or former spouse of the employee or Member where the Office has received such additional information and documentation as the Office may require that—
|
||||
|
||||
(i) a court order bars payment of the lump-sum credit in order to preserve the court’s ability to award an annuity under section 8341(h) or section 8345(j); or
|
||||
|
||||
(ii) payment of the lump-sum credit would extinguish the entitlement of the spouse or former spouse, under a court order on file with the Office, to a survivor annuity under section 8341(h) or to any portion of an annuity under section 8345(j).
|
||||
|
||||
(2) (A) Notification of a spouse or former spouse under this subsection shall be made in accordance with such requirements as the Office shall by regulation prescribe.
|
||||
|
||||
(B) Under the regulations, the Office may provide that paragraph (1)(A) of this subsection may be waived with respect to a spouse or former spouse if the employee or Member establishes to the satisfaction of the Office that the whereabouts of such spouse or former spouse cannot be determined.
|
||||
|
||||
(3) The Office shall prescribe regulations under which this subsection shall be applied in any case in which the Office receives two or more such orders or decrees.
|
||||
|
||||
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 579; Pub. L. 90–83, § 1(81), Sept. 11, 1967, 81 Stat. 217; Pub. L. 95–454, title IX, § 906(a)(2), (3), Oct. 13, 1978, 92 Stat. 1224; Pub. L. 97–253, title III, § 303(c), Sept. 8, 1982, 96 Stat. 794; Pub. L. 97–346, § 3(f), Oct. 15, 1982, 96 Stat. 1648; Pub. L. 98–615, § 2(5), Nov. 8, 1984, 98 Stat. 3201; Pub. L. 99–251, title II, § 208, Feb. 27, 1986, 100 Stat. 25; Pub. L. 99–335, title II, §§ 204(b)(2), 207(h), June 6, 1986, 100 Stat. 592, 596; Pub. L. 100–238, title I, § 105(b), Jan. 8, 1988, 101 Stat. 1746; Pub. L. 101–508, title VII, § 7001(b)(2)(D), Nov. 5, 1990, 104 Stat. 1388–329; Pub. L. 106–361, § 3(a), Oct. 27, 2000, 114 Stat. 1402.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes 1966 Act DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 2261.July 31, 1956, ch. 804, § 401 “Sec. 11” 70 Stat. 755. July 12, 1960, Pub. L. 86–622, § 1(a), 74 Stat. 409. Oct. 4, 1961, Pub. L. 87–350, § 3, 75 Stat. 771. In subsection (a), the words “before October 1, 1956” are substituted for “prior to the effective date of the Civil Service Retirement Act Amendments of 1956” on authority of § 406 of the Act of July 31, 1956, ch. 804, 70 Stat. 761. In subsection (g), the words “the expiration of” are omitted as surplusage. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
|
||||
|
||||
1967 Act Section of title 5Source (U.S. Code)Source (Statutes at Large) 8342(a)[No source].[No source.] 8342(c)5 App.: 2261(c).Mar. 23, 1966, Pub. L. 89–373, § 2, 80 Stat. 78. 5 App.: 2251(j) (last sentence).Apr. 25, 1966, Pub. L. 89–407, § 1 (less words before 1st comma), 80 Stat. 131. In subsection (a), the amendment is made for consistency within the subchapter and to reflect that it is the individual, rather than the position, that is subject to the subchapter. In the last sentence of subsection (c), the words “this subsection” are substituted for “section 11” to reflect the codification of title 5, United States Code.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextThe Federal Employees’ Retirement System Act of 1986, referred to in subsec. (a), is Pub. L. 99–335, June 6, 1986, 100 Stat. 514. Title III of the Federal Employees’ Retirement System Act of 1986 amended sections 3121 and 6103 of Title 26, Internal Revenue Code, section 1005 of Title 39, Postal Service, and section 410 of Title 42, The Public Health and Welfare, enacted provisions set out as notes under sections 8331, 8401, 8432, and 8472 of this title and section 6103 of Title 26, and amended provisions set out as a note under section 8331 of this title. Section 302 of that Act is set out as a note under section 8331 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 8401 of this title and Tables.
|
||||
|
||||
Amendments2000—Subsec. (j)(1). Pub. L. 106–361 amended par. (1) generally. Prior to amendment, par. (1) read as follows: “Payment of the lump-sum credit under subsection (a) of this section— “(A) may be made only if any current spouse and any former spouse of the employee or Member are notified of the employee or Member’s application; and “(B) shall be subject to the terms of a court decree of divorce, annulment, or legal separation or any court order or court approved property settlement agreement incident to such decree if— “(i) the decree, order, or agreement expressly relates to any portion of the lump-sum credit involved; and “(ii) payment of the lump-sum credit would extinguish entitlement of the employee’s or Member’s spouse or former spouse to a survivor annuity under section 8341(h) of this title or to any portion of an annuity under section 8345(j) of this title.” 1990—Subsec. (a). Pub. L. 101–508 inserted “or 8334(d)(2)” after “8343a” in second sentence. 1988—Subsec. (a). Pub. L. 100–238 amended last sentence of subsec. (a) generally. Prior to amendment, last sentence read as follows: “In applying this subsection with respect to an employee or Member who becomes subject to chapter 84 of this title, entitlement to payment of the lump-sum credit shall be determined without regard to paragraph (1) or (3) if, and to the extent that, such lump-sum credit relates to service of a type described in clauses (i) through (iii) of section 302(a)(1)(C) of the Federal Employees’ Retirement System Act of 1986.” 1986—Subsec. (a). Pub. L. 99–335 inserted “, or chapter 84 of this title,” in pars. (1)(B) and (3), substituted “Except as provided in section 8343a of this title, the” for “The” in second sentence, and inserted provisions regarding entitlement by an employee or Member who becomes subject to chapter 84 of this title to payment of a lump-sum credit. Subsec. (j)(1)(B). Pub. L. 99–251 amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “in any case in which there is a former spouse, shall be subject to the terms of a court order or decree issued with respect to such former spouse if— “(i) the order or decree expressly relates to any portion of the lump-sum credit involved, and “(ii) payment of the lump-sum credit would extinguish entitlement of the former spouse to a survivor annuity under section 8341(h) of this title or to any portion of an annuity under section 8345(j) of this title.” 1984—Subsec. (a). Pub. L. 98–615, § 2(5)(A), substituted “Subject to subsection (j) of this section, an” for “An” in provisions preceding par. (1). Subsec. (j). Pub. L. 98–615, § 2(5)(B), added subsec. (j). 1982—Subsec. (a). Pub. L. 97–346 substituted “such a position” for “such position” in par. (1)(B). Pub. L. 97–253, § 303(c), substituted provisions that an employee or Member who is separated from the service for at least 31 consecutive days or is transferred to a position in which he is not subject to this subchapter for 31 days, and who files an application with the Office of Personnel Management for payment of a lump-sum credit, is not reemployed in a position subject to this subchapter at the time of filing, and will not be eligible for an annuity within 31 days of filing, is entitled to be paid the lump-sum credit and upon receipt of such payment, all annuity rights based on the service upon which the credit is based are voided until reemployment under this subchapter occurs for provisions that such employee or Member who was separated from the service, or was transferred to a position in which he did not continue subject to this subchapter, was entitled to be paid the lump-sum credit if his separation or transfer occurred and application for payment was filed with the Office of Personnel Management at least 31 days before the earliest commencing date of any annuity for which he was eligible, that the receipt of payment of the lump-sum credit by the individual voided all annuity rights under this subchapter until he was reemployed in the service subject to this subchapter, and that this subsection also applied to an employee or Member separated before October 1, 1956, after completing at least 20 years of civilian service. 1978—Subsecs. (a) to (c), (g). Pub. L. 95–454 substituted “Office of Personnel Management” for “Civil Service Commission” and “Office” for “Commission”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1990 AmendmentAmendment by Pub. L. 101–508 effective with respect to any annuity having a commencement date later than Dec. 1, 1990, see section 7001(b)(3) of Pub. L. 101–508, set out as a note under section 8334 of this title.
|
||||
|
||||
Effective Date of 1986 AmendmentAmendment by Pub. L. 99–335 effective Jan. 1, 1987, see section 702(a) of Pub. L. 99–335, set out as an Effective Date note under section 8401 of this title.
|
||||
|
||||
Effective Date of 1984 AmendmentAmendment by Pub. L. 98–615 effective May 7, 1985, with enumerated exceptions and specific applicability provisions, see section 4(a)(1) of Pub. L. 98–615, as amended, set out as a note under section 8341 of this title.
|
||||
|
||||
Effective Date of 1982 AmendmentSection 303(d)(2) of Pub. L. 97–253 provided that: “The amendment made by subsection (c) [amending this section] shall take effect October 1, 1982.”
|
||||
|
||||
Effective Date of 1978 AmendmentAmendment by Pub. L. 95–454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as a note under section 1101 of this title.
|
||||
|
||||
Reestablishment of Right To Receive Annuity by Judges Who Received Lump-sum CreditPub. L. 96–504, § 2, Dec. 5, 1980, 94 Stat. 2741, provided that: “A present or former justice or judge of the United States, as defined by section 451 of title 28, United States Code, who, prior to the effective date of this section [Dec. 5, 1980], voided his right to receive an annuity under subchapter III of chapter 83 of title 5, United States Code, by applying for and receiving a refund of his lump-sum credit while serving as such a justice or judge may, upon application filed with the Office of Personnel Management within one year following the effective date of this section, redeposit such refund with interest computed under section 8334(e) of such title 5 and thereby reestablish his right to receive an annuity under such subchapter effective on the date he otherwise was eligible to receive an annuity. The surviving spouse of any such justice or judge who dies before the effective date of this section may apply to make such redeposit within one year following the effective date of this section and receive both (1) the amount of the annuity which the justice or judge would have been entitled to receive before his death had application been made by him for the annuity and (2) any survivor annuity the justice or judge could have provided under the provisions of law in effect at the time of separation from the service on which title to the annuity is based.”
|
||||
@@ -0,0 +1,63 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 8343"
|
||||
description: "Additional annuities; voluntary contributions"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "83"
|
||||
chapter_name: "RETIREMENT"
|
||||
section: "8343"
|
||||
citation: "5 U.S.C. § 8343"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s8343"
|
||||
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||||
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||||
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||||
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 8343 - Additional annuities; voluntary contributions
|
||||
|
||||
## Text
|
||||
|
||||
(a) Under regulations prescribed by the Office of Personnel Management, an employee or Member may voluntarily contribute additional sums in multiples of $25, but the total may not exceed 10 percent of his basic pay for creditable service after July 31, 1920. The voluntary contribution account in each case is the sum of unrefunded contributions, plus interest at 3 percent a year through December 31, 1984, and thereafter at the rate computed under section 8334(e) of this title, compounded annually to—
|
||||
|
||||
(1) the date of payment under subsection (d) of this section, separation, or transfer to a position in which he does not continue subject to this subchapter, whichever is earliest; or
|
||||
|
||||
(2) the commencing date fixed for a deferred annuity or date of death, whichever is earlier, in the case of an individual who is separated with title to deferred annuity and does not claim the voluntary contribution account.
|
||||
|
||||
(b) The voluntary contribution account is used to purchase at retirement an annuity in addition to the annuity otherwise provided. For each $100 in the voluntary contribution account, the additional annuity consists of $7, increased by 20 cents for each full year, if any, the employee or Member is over 55 years of age at the date of retirement.
|
||||
|
||||
(c) A retiring employee or Member may elect a reduced additional annuity instead of the additional annuity described by subsection (b) of this section and designate in writing an individual to receive after his death an annuity of 50 percent of his reduced additional annuity. The additional annuity of the employee or Member making the election is reduced by 10 percent, and by 5 percent for each full 5 years the individual designated is younger than the retiring employee or Member. However, the total reduction may not exceed 40 percent.
|
||||
|
||||
(d) A present or former employee or Member is entitled to be paid the voluntary contribution account if he files application for payment with the Office before receiving an additional annuity. An individual who has been paid the voluntary contribution account may not again deposit additional sums under this section until, after a separation from the service of more than 3 calendar days, he again becomes subject to this subchapter.
|
||||
|
||||
(e) If a present or former employee or Member not retired dies, the voluntary contribution account is paid under section 8342(c) of this title. If all additional annuities or any right thereto based on the voluntary contribution account of a deceased employee or Member terminate before the total additional annuity paid equals the account, the difference is paid under section 8342(c) of this title.
|
||||
|
||||
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 580; Pub. L. 90–83, § 1(82), Sept. 11, 1967, 81 Stat. 217; Pub. L. 95–454, title IX, § 906(a)(2), (3), Oct. 13, 1978, 92 Stat. 1224; Pub. L. 97–253, title III, § 303(a)(2), Sept. 8, 1982, 96 Stat. 794.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes 1966 Act DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 2262.July 31, 1956, ch. 804, § 401 “Sec. 12”, 70 Stat. 756. Aug. 14, 1958, Pub. L. 85–661, § 1, 72 Stat. 614. In subsection (a), the words “after July 31, 1920” are substituted for “on or after August 1, 1920”. In paragraph (1), the words “payment under subsection (d) of this section” are based on “but such account shall not in any case include interest beyond date of payment” in former section 2262(d); the latter, accordingly, are omitted from subsection (d). Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
|
||||
|
||||
1967 ActThis section amends 5 U.S.C. 8343(a)(1) for consistency within the subchapter and to reflect that it is the individual, rather than the position, that is subject to the subchapter.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1982—Subsec. (a). Pub. L. 97–253 inserted “through December 31, 1984, and thereafter at the rate computed under section 8334(e) of this title,”. 1978—Subsecs. (a), (d). Pub. L. 95–454 substituted “Office of Personnel Management” for “Civil Service Commission” and “Office” for “Commission”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1982 AmendmentAmendment by Pub. L. 97–253 effective with respect to deposits for service performed, on or after Oct. 1, 1982, and with respect to refunds for which application is received by Office of Personnel Management on or after Oct. 1, 1982, see section 303(d)(1) of Pub. L. 97–253, as amended by Pub. L. 97–346, § 3(j)(1), Oct. 15, 1982, 96 Stat. 1649, set out as a note under section 8334 of this title.
|
||||
|
||||
Effective Date of 1978 AmendmentAmendment by Pub. L. 95–454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as a note under section 1101 of this title.
|
||||
@@ -0,0 +1,79 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 8343a"
|
||||
description: "Alternative forms of annuities"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "83"
|
||||
chapter_name: "RETIREMENT"
|
||||
section: "8343a"
|
||||
citation: "5 U.S.C. § 8343a"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
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|
||||
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||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 8343a - Alternative forms of annuities
|
||||
|
||||
## Text
|
||||
|
||||
(a) The Office of Personnel Management shall prescribe regulations under which any employee or Member who has a life-threatening affliction or other critical medical condition may, at the time of retiring under this subchapter (other than under section 8337 of this title), elect annuity benefits under this section instead of any other benefits under this subchapter (including any benefits under section 8341 of this title) based on the service of the employee or Member.
|
||||
|
||||
(b) Subject to subsection (c), the Office shall by regulation provide for such alternative forms of annuities as the Office considers appropriate, except that among the alternatives offered shall be—
|
||||
|
||||
(1) an alternative which provides for—
|
||||
|
||||
(A) payment of the lump-sum credit to the employee or Member; and
|
||||
|
||||
(B) payment of an annuity to the employee or Member for life; and
|
||||
|
||||
(2) in the case of an employee or Member who is married at the time of retirement, an alternative which provides for—
|
||||
|
||||
(A) payment of the lump-sum credit to the employee or Member; and
|
||||
|
||||
(B) payment of an annuity to the employee or Member for life, with a survivor annuity payable for the life of a surviving spouse.
|
||||
|
||||
(c) Each alternative provided for under subsection (b) shall, to the extent practicable, be designed such that the present value of the benefits provided under such alternative (including any lump-sum credit) is actuarially equivalent to the present value of the annuity which would otherwise be provided the employee or Member under this subchapter, as computed under subsections (a)–(i), (n), (q), (r), and (s) of section 8339.
|
||||
|
||||
(d) An employee or Member who, at the time of retiring under this subchapter—
|
||||
|
||||
(1) is married, shall be ineligible to make an election under this section unless a waiver is made under section 8339(j)(1) of this title; or
|
||||
|
||||
(2) has a former spouse, shall be ineligible to make an election under this section if the former spouse is entitled to benefits under section 8341(h) or 8345(j) of this title (based on the service of the employee or Member) under the terms of a decree of divorce or annulment, or a court order or court-approved property settlement incident to any such decree, with respect to which the Office has been duly notified.
|
||||
|
||||
(e) An employee or Member who is married at the time of retiring under this subchapter and who makes an election under this section may, during the 18-month period beginning on the date of retirement, make the election provided for under section 8339(o) of this title, subject to the deposit requirement thereunder.
|
||||
|
||||
(Added Pub. L. 99–335, title II, § 204(a), June 6, 1986, 100 Stat. 591; amended Pub. L. 101–428, § 2(d)(5), Oct. 15, 1990, 104 Stat. 929; Pub. L. 101–508, title VII, § 7001(a)(1), Nov. 5, 1990, 104 Stat. 1388–327; Pub. L. 103–66, title XI, § 11002(a), Aug. 10, 1993, 107 Stat. 409; Pub. L. 105–61, title V, § 516(a)(5), Oct. 10, 1997, 111 Stat. 1306; Pub. L. 106–553, § 1(a)(2) [title III, § 308(h)(5)], Dec. 21, 2000, 114 Stat. 2762, 2762A–89.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2000—Subsec. (c). Pub. L. 106–553 substituted “(a)–(i), (n), (q), (r), and (s)” for “(a)–(i), (n), (q), and (r)”. 1997—Subsec. (c). Pub. L. 105–61, which directed the substitution of “(q), and (r) of section 8339” for “and (q) of section 8339 of this title” in section 8334a(c), was executed by making the substitution in subsec. (c) of this section to reflect the probable intent of Congress, because there is no section 8334a in this title. 1993—Subsec. (a). Pub. L. 103–66, § 11002(a)(1), substituted “any employee or Member who has a life-threatening affliction or other critical medical condition” for “an employee or Member”. Subsec. (f). Pub. L. 103–66, § 11002(a)(2), struck out subsec. (f) which prohibited election of alternative form of annuity where commencement date would be after Dec. 1, 1990, with certain exceptions. 1990—Subsec. (c). Pub. L. 101–428 substituted “(a)–(i), (n), and (q)” for “(a)–(i) and (n)”. Subsec. (f). Pub. L. 101–508 added subsec. (f).
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2000 AmendmentAmendment by Pub. L. 106–553 effective on the first day of the first applicable pay period that begins on Dec. 21, 2000, and applicable only to an individual who is employed as a member of the Supreme Court Police after Dec. 21, 2000, see section 1(a)(2) [title III, § 308(i), (j)] of Pub. L. 106–553, set out in a Supreme Court Police Retirement note under section 8331 of this title.
|
||||
|
||||
Effective Date of 1997 AmendmentAmendment by Pub. L. 105–61 applicable to any annuity commencing before, on, or after Oct. 10, 1997, and effective with regard to any payment made after the first month following Oct. 10, 1997, see section 516(b) of Pub. L. 105–61, set out as a note under section 8334 of this title.
|
||||
|
||||
Effective Date of 1993 AmendmentSection 11002(d) of Pub. L. 103–66 provided that: “The amendments made by this section [amending this section and section 8420a of this title, section 4047 of Title 22, Foreign Relations and Intercourse, and section 2143 of Title 50, War and National Defense] shall become effective on October 1, 1994, and shall apply with respect to any annuity commencing on or after that date.”
|
||||
|
||||
Effective DateSection effective June 6, 1986, see section 702(b)(3) of Pub. L. 99–335, set out as a note under section 8401 of this title.
|
||||
|
||||
Applicability of Sections 8343a(f) and 8420a(f) to Individuals Called to or Performing Duty in Connection With Operation Desert ShieldSection 7001(a)(4) of Pub. L. 101–508 provided that: “(A) In applying the provisions of section 8343a(f) or 8420a(f) of title 5, United States Code (as amended by paragraph (1)) to any individual described in subparagraph (B), the reference in such provisions to ‘December 1, 1990’ shall be deemed to read ‘December 1, 1991’. “(B) This paragraph applies with respect to any individual who—“(i)(I) is a member of the Armed Forces of the United States who, before December 1, 1990, was called or ordered to active duty (other than for training) pursuant to section 672 [now 12301], 673 [now 12302], 673b [now 12304], 674 [now 12306], 675 [now 12307], or 688 of title 10, United States Code, in connection with Operation Desert Shield; or “(II) is an employee of the Department of Defense who is certified by the Secretary of Defense to have performed, after November 30, 1990, duties essential for the support of Operation Desert Shield; and “(ii) would have been eligible to make an election under section 8343a or 8420a of title 5, United States Code (as amended by paragraph (1)) as of November 30, 1990. “(C) The Office of Personnel Management may prescribe such regulations as may be necessary to carry out this paragraph.”
|
||||
|
||||
Partial Deferred Payment of Lump-Sum Credit for Certain Individuals Electing Alternative Forms of AnnuitiesPub. L. 101–239, title IV, § 4005, Dec. 19, 1989, 103 Stat. 2135, as amended by Pub. L. 101–508, title VII, § 7001(a)(2)(A)–(C)(i), Nov. 5, 1990, 104 Stat. 1388–328, provided that: “(a) In General.—Notwithstanding any other provision of law, and except as provided in subsection (c), any lump-sum credit payable to an employee or Member pursuant to the election of an alternative form of annuity by such employee or Member under section 8343a or section 8420a of title 5, United States Code, shall be paid in accordance with the schedule under subsection (b) (instead of the schedule which would otherwise apply), if the commencement date of the annuity payable to such employee or Member occurs after December 2, 1989, and before December 2, 1990. “(b) Schedule of Payments.—The schedule of payment of any lump-sum credit subject to this section is as follows:“(1) 50 percent of the lump-sum credit shall be payable on the date on which, but for the enactment of this section, the full amount of the lump-sum credit would otherwise be payable. “(2) The remainder of the lump-sum credit shall be payable on the date which occurs 12 months after the date on which the payment described in paragraph (1) is paid. An amount payable in accordance with paragraph (2) shall be payable with interest, computed using the rate under section 8334(e)(3) of title 5, United States Code. “(c) Exceptions.—The Office of Personnel Management shall prescribe regulations to provide that, unless the individual involved indicates otherwise by written notice to the Office (submitted at such time and in such manner as the regulations may require), this section shall not apply—“(1) in the case of any individual who is separated from Government service involuntarily, other than for cause on charges of misconduct or delinquency; and “(2) in the case of any individual as to whom the application of this section would be against equity and good conscience, due to a life-threatening affliction or other critical medical condition affecting such individual. “(d) Annuity Benefits Not Affected.—Nothing in this section shall affect the commencement date, the amount, or any other aspect of any annuity benefits payable under section 8343a or section 8420a of title 5, United States Code. “(e) Definitions.—For purposes of this section, the terms ‘lump-sum credit’, ‘employee’, and ‘Member’ each has the meaning given such term by section 8331 or section 8401 of title 5, United States Code, as appropriate. “(f) Continued Applicability.—The preceding provisions of this section (disregarding the provision in subsection (a) limiting this section’s applicability to annuities commencing before the date specified in such provision) shall also apply in the case of any employee or Member whose election of an alternative form of annuity would not have been allowable under section 8343a(f) or 8420a(f) of title 5, United States Code (as the case may be), but for—“(1) paragraph (2)(A) thereof; or “(2) section 7001(a)(4) of the Omnibus Budget Reconciliation Act of 1990 [Pub. L. 101–508, set out as a note above].” [Section 7001(a)(2)(C)(ii) of Pub. L. 101–508 provided that: “The amendments made by clause (i) [amending section 4005 of Pub. L. 101–239 and section 6001 of Pub. L. 100–203, set out as notes above and below] shall not apply in any case in which the first half of the lump-sum payment involved was paid before the beginning of the 11-month period which ends on the date of the enactment of this Act [Nov. 5, 1990].” ] Similar provisions were contained in the following acts: Pub. L. 101–227, § 2, Dec. 12, 1989, 103 Stat. 1943, which was repealed by Pub. L. 101–508, title VII, § 7001(a)(2)(D), Nov. 5, 1990, 104 Stat. 1388–328. Pub. L. 100–203, title VI, § 6001, Dec. 22, 1987, 101 Stat. 1330–275, as amended by Pub. L. 101–103, § 6, Sept. 30, 1989, 103 Stat. 672; Pub. L. 101–508, title VII, § 7001(a)(2)(C)(i), Nov. 5, 1990, 104 Stat. 1388–328.
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type: "LegalText"
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title: "5 U.S.C. § 8345"
|
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description: "Payment of benefits; commencement, termination, and waiver of annuity"
|
||||
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|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "83"
|
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chapter_name: "RETIREMENT"
|
||||
section: "8345"
|
||||
citation: "5 U.S.C. § 8345"
|
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status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
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|
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|
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---
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# 5 U.S.C. § 8345 - Payment of benefits; commencement, termination, and waiver of annuity
|
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## Text
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(a) Each annuity is stated as an annual amount, one-twelfth of which, rounded to the next lowest dollar, constitutes the monthly rate payable on the first business day of the month after the month or other period for which it has accrued.
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(b) (1) Except as otherwise provided—
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(A) an annuity of an employee or Member commences on the first day of the month after—
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(i) separation from the service; or
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(ii) pay ceases and the service and age requirements for title to annuity are met; and
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(B) any other annuity payable from the Fund commences on the first day of the month after the occurrence of the event on which payment thereof is based.
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(2) The annuity of—
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(A) an employee involuntarily separated from service, except by removal for cause on charges of misconduct or delinquency; and
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(B) an employee or Member retiring under section 8337 of this title due to a disability;
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shall commence on the day after separation from the service or the day after pay ceases and the service and age or disability requirements for title to annuity are met.
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(c) The annuity of a retired employee or Member terminates on the day death or other terminating event provided by this subchapter occurs. The annuity of a survivor terminates on the last day of the month before death or other terminating event occurs.
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(d) An individual entitled to annuity from the Fund may decline to accept all or any part of the annuity by a waiver signed and filed with the Office of Personnel Management. The waiver may be revoked in writing at any time. Payment of the annuity waived may not be made for the period during which the waiver was in effect.
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(e) (1) Payment due a minor, or an individual mentally incompetent or under other legal disability, may be made to the person (including an organization) who is constituted guardian or other fiduciary by the law of the State of residence of the claimant or is otherwise legally vested with the care of the claimant or his estate. If a guardian or other fiduciary of the individual under legal disability has not been appointed under the law of the State of residence of the claimant, payment may be made to any person (including an organization) who, in the judgment of the Office, is responsible for the care of the claimant and may appropriately receive such payments on behalf of the claimant, and the payment bars recovery by any other person.
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(2) If the Office determines that direct payment of a benefit to an individual mentally incompetent or under other legal disability would cause substantial harm to the individual, the Office may defer or suspend direct payment of the benefit until such time as the appointment of a representative payee is made. The Office shall resume payment as soon as practicable, including all amounts due.
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(f) The Office may not authorize a person to receive payments on behalf of a minor or individual of legal disability under subsection (e) if that person has been convicted of a violation of—
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(1) section 8345a or 8466a;
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(2) section 208 or 1632 of the Social Security Act (42 U.S.C. 408, 1383a); or
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(3) section 6101 of title 38.
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(g) The Office shall prescribe regulations to provide that the amount of any monthly annuity payable under this section accruing for any month and which is computed with regard to service that includes any service referred to in section 8332(b)(6) performed by an individual prior to January 1, 1969, shall be reduced by the portion of any benefits under any State retirement system to which such individual is entitled (or on proper application would be entitled) for such month which is attributable to such service performed by such individual before such date.
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(h) An individual entitled to an annuity from the Fund may make allotments or assignments of amounts from his annuity for such purposes as the Office of Personnel Management in its sole discretion considers appropriate.
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(i) (1) No payment shall be made from the Fund unless an application for benefits based on the service of an employee or Member is received in the Office of Personnel Management before the one hundred and fifteenth anniversary of his birth.
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(2) Notwithstanding paragraph (1) of this subsection, after the death of an employee, Member, or annuitant, no benefit based on his service shall be paid from the Fund unless an application therefor is received in the Office of Personnel Management within 30 years after the death or other event which gives rise to title to the benefit.
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(j) (1) Payments under this subchapter which would otherwise be made to an employee, Member, or annuitant based on service of that individual shall be paid (in whole or in part) by the Office to another person if and to the extent expressly provided for in the terms of—
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(A) any court decree of divorce, annulment, or legal separation, or the terms of any court order or court-approved property settlement agreement incident to any court decree of divorce, annulment, or legal separation; or
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(B) any court order or other similar process in the nature of garnishment for the enforcement of a judgment rendered against such employee, Member, or annuitant, for physically, sexually, or emotionally abusing a child.
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In the event that the Office is served with more than 1 decree, order, or other legal process with respect to the same moneys due or payable to any individual, such moneys shall be available to satisfy such processes on a first-come, first-served basis, with any such process being satisfied out of such moneys as remain after the satisfaction of all such processes which have been previously served.
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(2) Paragraph (1) shall only apply to payments made by the Office under this subchapter after the date of receipt in the Office of written notice of such decree, order, other legal process, or agreement, and such additional information and documentation as the Office may prescribe.
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(3) For the purpose of this subsection—
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(A) the term “court” means any court of any State, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, or the Virgin Islands, and any Indian court;
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(B) the term “judgment rendered for physically, sexually, or emotionally abusing a child” means any legal claim perfected through a final enforceable judgment, which claim is based in whole or in part upon the physical, sexual, or emotional abuse of a child, whether or not that abuse is accompanied by other actionable wrongdoing, such as sexual exploitation or gross negligence; and
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(C) the term “child” means an individual under 18 years of age.
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(k) (1) The Office shall, in accordance with this subsection, enter into an agreement with any State within 120 days of a request for agreement from the proper State official. The agreement shall provide that the Office shall withhold State income tax in the case of the monthly annuity of any annuitant who voluntarily requests, in writing, such withholding. The amounts withheld during any calendar quarter shall be held in the Fund and disbursed to the States during the month following that calendar quarter.
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(2) An annuitant may have in effect at any time only one request for withholding under this subsection, and an annuitant may not have more than two such requests in effect during any one calendar year.
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(3) Subject to paragraph (2) of this subsection, an annuitant may change the State designated by that annuitant for purposes of having withholdings made, and may request that the withholdings be remitted in accordance with such change. An annuitant also may revoke any request of that annuitant for withholding. Any change in the State designated or revocation is effective on the first day of the month after the month in which the request or the revocation is processed by the Office, but in no event later than on the first day of the second month beginning after the day on which such request or revocation is received by the Office.
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(4) This subsection does not give the consent of the United States to the application of a statute which imposes more burdensome requirements on the United States than on employers generally, or which subjects the United States or any annuitant to a penalty or liability because of this subsection. The Office may not accept pay from a State for services performed in withholding State income taxes from annuities. Any amount erroneously withheld from an annuity and paid to a State by the Office shall be repaid by the State in accordance with regulations issued by the Office.
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(5) For the purpose of this subsection, “State” means a State, the District of Columbia, or any territory or possession of the United States.
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(l) Transfers of contributions and deposits authorized by section 408(a)(3) of the Foreign Service Act of 1980 shall be deemed to be a complete and final payment of benefits under this chapter.
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(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 582; Pub. L. 93–273, § 1, Apr. 26, 1974, 88 Stat. 93; Pub. L. 94–126, § 1(c), Nov. 12, 1975, 89 Stat. 679; Pub. L. 94–166, § 1, Dec. 23, 1975, 89 Stat. 1002; Pub. L. 94–183, § 1, Dec. 31, 1975, 89 Stat. 1057; Pub. L. 95–366, § 1(a), Sept. 15, 1978, 92 Stat. 600; Pub. L. 95–454, title IX, § 906(a)(2), (3), Oct. 13, 1978, 92 Stat. 1224; Pub. L. 97–35, title XVII, § 1705(a), Aug. 13, 1981, 95 Stat. 758; Pub. L. 97–253, title III, §§ 304(b), 305(a), Sept. 8, 1982, 96 Stat. 795; Pub. L. 98–615, § 2(6), Nov. 8, 1984, 98 Stat. 3202; Pub. L. 99–251, title III, § 305(a), Feb. 27, 1986, 100 Stat. 26; Pub. L. 101–246, title I, § 141(b), Feb. 16, 1990, 104 Stat. 35; Pub. L. 103–358, § 2(a), Oct. 14, 1994, 108 Stat. 3420; Pub. L. 116–126, § 2(c)(1), (d)(1), Mar. 18, 2020, 134 Stat. 175, 176.)
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## Notes
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Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 2264.July 31, 1956, ch. 804, § 401 “Sec. 14”, 70 Stat. 757. Sept. 6, 1960, Pub. L. 86–713, § 1(b), 74 Stat. 814. In subsection (b), the second sentence of former section 2264(b) is omitted as included in the second sentence of the revised subsection. The words “after September 5, 1960” are substituted for “on or after September 6, 1960”. In subsection (c), the first sentence of former section 2264(c) is omitted as covered by the remainder of the subsection. The words “on or after September 6, 1960” are omitted as obsolete. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
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Editorial Notes
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References in TextSection 408(a)(3) of the Foreign Service Act of 1980, referred to in subsec. (l), is classified to section 3968(a)(3) of Title 22, Foreign Relations and Intercourse.
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Amendments2020—Subsec. (e). Pub. L. 116–126, § 2(c)(1), designated existing provisions as par. (1), inserted “(including an organization)” after “to the person” and after “to any person”, inserted “and may appropriately receive such payments on behalf of the claimant” after “care of the claimant”, and added par. (2). Subsec. (f). Pub. L. 116–126, § 2(d)(1), added subsec. (f). 1994—Subsec. (j)(1). Pub. L. 103–358, § 2(a)(1), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “Payments under this subchapter which would otherwise be made to an employee, Member, or annuitant based upon his service shall be paid (in whole or in part) by the Office to another person if and to the extent expressly provided for in the terms of any court decree of divorce, annulment, or legal separation, or the terms of any court order or court-approved property settlement agreement incident to any court decree of divorce, annulment, or legal separation. Any payment under this paragraph to a person bars recovery by any other person.” Subsec. (j)(2). Pub. L. 103–358, § 2(a)(2), inserted “other legal process,” after “order,”. Subsec. (j)(3). Pub. L. 103–358, § 2(a)(3), amended par. (3) generally. Prior to amendment, par. (3) read as follows: “As used in this subsection, ‘court’ means any court of any State, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, or the Virgin Islands, and any Indian court.” 1990—Subsec. (l). Pub. L. 101–246 added subsec. (l). 1986—Subsec. (f). Pub. L. 99–251 struck out subsec. (f) which provided minimum monthly rates of annuity payable under subsec. (a) with certain exceptions. 1984—Subsec. (f)(4). Pub. L. 98–615, § 2(6)(A), added par. (4). Subsec. (j)(3). Pub. L. 98–615, § 2(6)(B), inserted reference to the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, the Virgin Islands, and any Indian court. 1982—Subsec. (a). Pub. L. 97–253, § 304(b), substituted “rounded to the next lowest” for “fixed at the nearest”. Subsec. (b). Pub. L. 97–253, § 305(a), substituted provisions that an annuity of an employee or Member commences on the first day of the month after separation from service or pay ceases and the service and age requirements for title to annuity are met, that any other annuity payable from the Fund commences on the first day of the month after the occurrence of the event on which the payment thereof is based, and that the annuity of an employee involuntarily separated from service or of an employee or Member retiring due to a disability shall commence on the day after separation from the service or the day after pay ceases and the service and age or disability requirements for title to annuity are met for provisions that the annuity of an employee or Member would commence on the day after he was separated from the service, or on the day after his pay ceased and he met the service and the age or disability requirements for title to annuity and that an annuity payable from the Fund allowed after September 5, 1960, would commence on the day after the occurrence of the event on which payment thereof was based. 1981—Subsec. (k). Pub. L. 97–35 added subsec. (k). 1978—Subsecs. (d), (e). Pub. L. 95–454, § 906(a)(2), (3), substituted “Office of Personnel Management” for “Civil Service Commission” and “Office” for “Commission”. Subsec. (g). Pub. L. 95–454, § 906(a)(3), substituted “Office” for “Commission” in the subsec. (g) added by Pub. L. 94–126. Pub. L. 95–366 redesignated as subsec. (h) the subsec. (g) added by Pub. L. 94–166. Subsec. (h). Pub. L. 95–454, § 906(a)(2), substituted “Office of Personnel Management” for “Civil Service Commission”. Pub. L. 95–366 redesignated former subsec. (g), added by Pub. L. 94–166, as (h). Former subsec. (h) redesignated (i). Subsec. (i). Pub. L. 95–454, § 906(a)(2), substituted “Office of Personnel Management” for “Civil Service Commission” wherever appearing. Pub. L. 95–366 redesignated former subsec. (h) as (i). Subsec. (j). Pub. L. 95–454, § 906(a)(3), substituted “Office” for “Commission” wherever appearing. Pub. L. 95–366 added subsec. (j). 1975—Subsec. (g). Pub. L. 94–166 added subsec. (g) authorizing allotment or assignment of amounts from annuities. Pub. L. 94–126 added subsec. (g) relating to the crediting of National Guard technician service in connection with civil service retirement. Subsec. (h). Pub. L. 94–183 added subsec. (h). 1974—Subsec. (f). Pub. L. 93–273 added subsec. (f).
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Statutory Notes and Related Subsidiaries
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||||
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||||
Effective Date of 2020 AmendmentAmendment by Pub. L. 116–126 effective on Mar. 18, 2020, and applicable on and after the effective date of regulations promulgated under section 3(b)(1) of Pub. L. 116–126, see sections 4 and 3(b) of Pub. L. 116–126, set out respectively as an Effective Date of 2020 Amendment note and a Regulations note under section 8331 of this title.
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||||
Effective Date of 1994 AmendmentSection 3 of Pub. L. 103–358 provided that: “The amendments made by this Act [amending this section and sections 8437 and 8467 of this title] shall take effect on the date of enactment of this Act [Oct. 14, 1994], and shall apply with respect to any decree, order, or other legal process, or notice of agreement received by the Office of Personnel Management or the Executive Director of the Federal Retirement Thrift Investment Board on or after such date of enactment.”
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||||
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||||
Effective Date of 1984 AmendmentAmendment by Pub. L. 98–615 effective May 7, 1985, with enumerated exceptions and specific applicability provisions, see section 4(a)(1), (5)(D) of Pub. L. 98–615, as amended, set out as a note under section 8341 of this title.
|
||||
|
||||
Effective Date of 1982 AmendmentAmendment by section 304(b) of Pub. L. 97–253 applicable with respect to any annuity commencing on or after Oct. 1, 1982, and with respect to any adjustment or redetermination of any annuity made on or after such date, see section 304(c) of Pub. L. 97–253, set out as a note under section 8340 of this title. Section 305(b) of Pub. L. 97–253, as amended by Pub. L. 97–377, title I, § 124, Dec. 21, 1982, 96 Stat. 1913, provided that: “The amendment made by subsection (a) [amending this section] shall apply to annuities which commence on or after October 1, 1982, except for those individuals who serve three days or less in the month of retirement.”
|
||||
|
||||
Effective Date of 1981 AmendmentSection 1705(b) of Pub. L. 97–35 provided that: “The amendment made by subsection (a) [amending this section] shall take effect October 1, 1981.”
|
||||
|
||||
Effective Date of 1978 AmendmentsAmendment by Pub. L. 95–454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as a note under section 1101 of this title. Section 2 of Pub. L. 95–366 provided that: “The amendments made by the first section of this Act [amending this section and section 8346 of this title] shall only apply to payments made from the Civil Service Retirement and Disability Fund after the date of the enactment of this Act [Sept. 15, 1978].”
|
||||
|
||||
Effective Date of 1975 AmendmentAmendment by Pub. L. 94–126 effective as of Jan. 1, 1969, applicable to a person who, on Nov. 12, 1975, is receiving or is entitled to receive benefits under any Federal retirement system and requests in writing the application of the amendment to him by the office administering his retirement system, and additional benefits to commence Dec. 1, 1975, see section 3 of Pub. L. 94–126, set out as a note under section 8334 of this title.
|
||||
|
||||
Effective Date of 1974 AmendmentSection 3 of Pub. L. 93–273 provided that: “This Act [amending this section and enacting provisions set out as notes under this section and sections 8339 and 8341 of this title] shall become effective on the date of enactment [Apr. 26, 1974]. Annuity increases under this Act shall apply to annuities which commence before, on, or after the date of enactment of this Act, but no increase in annuity shall be paid for any period prior to the first day of the first month which begins on or after the ninetieth day after the date of enactment of this Act, or the date on which the annuity commences, whichever is later.”
|
||||
|
||||
RegulationsRegulations to carry out amendment by Pub. L. 116–126 to be promulgated by Office of Personnel Management no later than 1 year after Mar. 18, 2020, with allowance for additional regulations relating to administration of representative payee program, see section 3(b) of Pub. L. 116–126, set out as a note under section 8331 of this title.
|
||||
|
||||
Minimum Annuity Under Civil Service Retirement and Disability SystemSection 305(b)–(d) of Pub. L. 99–251 provided that: “(b) Savings Provision.—An annuity payable from the Civil Service Retirement and Disability Fund as of the day before the date of enactment of this Act [Feb. 27, 1986] shall not be reduced—“(1) by reason of the repeal of section 8345(f) of title 5, United States Code; or “(2) if or to the extent that the reduction is to be made for the purpose of eliminating an overpayment resulting from the manner in which such section 8345(f) has been administered by the Office of Personnel Management. “(c) Ratification of Erroneous Payments.—Any individual to whom an overpayment of an annuity has been made from the Civil Service Retirement and Disability Fund before the date of enactment of this Act [Feb. 27, 1986] shall be deemed to have been entitled to that overpayment if and to the extent that such overpayment resulted from the manner in which the Office of Personnel Management has administered section 8345(f) of title 5, United States Code. “(d) Adjustments of Certain Reductions.—(1) Effective for any month after the date of enactment of this Act [Feb. 27, 1986], the amount of any annuity which—“(A) is payable from the Civil Service Retirement and Disability Fund; and “(B) was reduced after June 30, 1985, and before the date of enactment of this Act, to eliminate any overpayment resulting from the manner in which the Office of Personnel Management administered section 8345(f) of title 5, United States Code, shall not be less than the amount which would have been payable as of such date of enactment if the reduction described in clause (B) had not been made. “(2)(A) The Office shall make a lump-sum payment to each individual receiving an annuity to which paragraph (1) applies. “(B) The lump-sum payment made to any individual under this paragraph shall be equal to the excess of—“(i) the total amount of the annuity payments which would have been made to the individual for the period beginning with the first month in which the reduction described in paragraph (1)(B) was made and ending on the last day of the month in which this Act is enacted if the reduction had not been made, over “(ii) the total amount of the annuity payments which have been paid to such individual for that period.”
|
||||
|
||||
Availability of the Civil Service Retirement and Disability Fund for Expenses Incurred by the Office of Personnel ManagementSection 1705(c) of Pub. L. 97–35 provided that: “The Civil Service Retirement and Disability Fund is available for expenses incurred by the Office of Personnel Management in the initial implementation of the amendments made by this section [amending this section].”
|
||||
|
||||
Monthly Rate of Minimum AnnuitySection 2(c) of Pub. L. 93–273 provided that: “The monthly rate of an annuity resulting from an increase under this section [enacting provisions set out as notes under sections 8339 and 8341 of this title] shall be considered as the monthly rate of annuity payable under section 8345(a) of title 5, United States Code [subsec. (a) of this section], for purposes of computing the minimum annuity under section 8345(f) of title 5 [subsec. (f) of this section], as added by the first section of this Act.”
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---
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||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 8345a"
|
||||
description: "Embezzlement or conversion of payments"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "83"
|
||||
chapter_name: "RETIREMENT"
|
||||
section: "8345a"
|
||||
citation: "5 U.S.C. § 8345a"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s8345a"
|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
|
||||
source_hash: "2a0d1c5228fd7062d6bf12a9d85bd1ac9bfaa7b458874bbae02dc3bee0b73e50"
|
||||
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|
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text_hash: "cb00e1b8f151692e794541f4b64410082f318611aed60de28d13cdc0f62a3e49"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 8345a - Embezzlement or conversion of payments
|
||||
|
||||
## Text
|
||||
|
||||
(a) Embezzling and Conversion Generally.— (1) In general.— It shall be unlawful for a representative payee to embezzle or in any manner convert all or any part of the amounts received from payments received as a representative payee to a use other than for the use and benefit of the minor or individual on whose behalf such payments were received.
|
||||
|
||||
(2) Revocation.— If the Office determines that a representative payee has embezzled or converted payments as described in paragraph (1), the Office shall promptly—
|
||||
|
||||
(A) revoke the certification for payment of benefits to the representative payee; and
|
||||
|
||||
(B) certify payment—
|
||||
|
||||
(i) to another representative payee; or
|
||||
|
||||
(ii) if the interest of the individual under this title would be served thereby, to the individual.
|
||||
|
||||
(b) Penalty.— Any person who violates subsection (a)(1) shall be fined under title 18, imprisoned for not more than 5 years, or both.
|
||||
|
||||
(Added Pub. L. 116–126, § 2(b)(1), Mar. 18, 2020, 134 Stat. 174.)
|
||||
|
||||
## Notes
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective DateSection effective on Mar. 18, 2020, and applicable on and after the effective date of regulations promulgated under section 3(b)(1) of Pub. L. 116–126, see sections 4 and 3(b) of Pub. L. 116–126, set out respectively as an Effective Date of 2020 Amendment note and a Regulations note under section 8331 of this title.
|
||||
|
||||
RegulationsRegulations to carry out this section to be promulgated by Office of Personnel Management no later than 1 year after Mar. 18, 2020, with allowance for additional regulations relating to administration of representative payee program, see section 3(b) of Pub. L. 116–126, set out as a note under section 8331 of this title.
|
||||
@@ -0,0 +1,49 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 8346"
|
||||
description: "Exemption from legal process; recovery of payments"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 5
|
||||
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|
||||
chapter_number: "83"
|
||||
chapter_name: "RETIREMENT"
|
||||
section: "8346"
|
||||
citation: "5 U.S.C. § 8346"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s8346"
|
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 8346 - Exemption from legal process; recovery of payments
|
||||
|
||||
## Text
|
||||
|
||||
(a) The money mentioned by this subchapter is not assignable, either in law or equity, except under the provisions of subsections (h) and (j) of section 8345 of this title, or subject to execution, levy, attachment, garnishment, or other legal process, except as otherwise may be provided by Federal laws.
|
||||
|
||||
(b) Recovery of payments under this subchapter may not be made from an individual when, in the judgment of the Office of Personnel Management, the individual is without fault and recovery would be against equity and good conscience. Withholding or recovery of money mentioned by this subchapter on account of a certification or payment made by a former employee of the United States in the discharge of his official duties may be made only if the head of the agency on behalf of which the certification or payment was made certifies to the Office that the certification or payment involved fraud on the part of the former employee.
|
||||
|
||||
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 583; Pub. L. 94–166, § 2, Dec. 23, 1975, 89 Stat. 1002; Pub. L. 95–366, § 1(b), Sept. 15, 1978, 92 Stat. 600; Pub. L. 95–454, title IX, § 906(a)(2), (3), Oct. 13, 1978, 92 Stat. 1224.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 2265.July 31, 1956, ch. 804, § 401 “Sec. 15”, 70 Stat. 758. In subsection (b), the words “Notwithstanding any other provision of law” are omitted as unnecessary. The second word of the second sentence “or” is substituted for “of” to correct a printing error. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1978—Subsec. (a). Pub. L. 95–366 substituted references to subsecs. (h) and (j) of section 8345 for reference to subsec. (g) of section 8345. Subsec. (b). Pub. L. 95–454 substituted “Office of Personnel Management” and “Office” for “Civil Service Commission” and “Commission”, respectively. 1975—Subsec. (a). Pub. L. 94–166 inserted “except under the provisions of section 8345(g) of this title,” after “equity”, and “, except as otherwise may be provided by Federal laws” after “process”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1978 AmendmentsAmendment by Pub. L. 95–454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as a note under section 1101 of this title. Amendment by Pub. L. 95–366 applicable to payments made from Civil Service Retirement and Disability Fund after Sept. 15, 1978, see section 2 of Pub. L. 95–366, set out as a note under section 8345 of this title.
|
||||
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@@ -0,0 +1,113 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 8349"
|
||||
description: "Offset relating to certain benefits under the Social Security Act"
|
||||
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|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
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|
||||
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|
||||
chapter_number: "83"
|
||||
chapter_name: "RETIREMENT"
|
||||
section: "8349"
|
||||
citation: "5 U.S.C. § 8349"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 8349 - Offset relating to certain benefits under the Social Security Act
|
||||
|
||||
## Text
|
||||
|
||||
(a) (1) Notwithstanding any other provision of this subchapter, if an individual under section 8402(b)(2) is entitled, or would on proper application be entitled, to old-age insurance benefits under title II of the Social Security Act, the annuity otherwise payable to such individual shall be reduced under this subsection.
|
||||
|
||||
(2) A reduction under this subsection commences beginning with the first month for which the individual both—
|
||||
|
||||
(A) is entitled to an annuity under this subchapter; and
|
||||
|
||||
(B) is entitled, or would on proper application be entitled, to old-age insurance benefits under title II of the Social Security Act.
|
||||
|
||||
(3) (A) (i) Subject to clause (ii) and subparagraphs (B) and (C), the amount of a reduction under this subsection shall be equal to the difference between—
|
||||
|
||||
(I) the old-age insurance benefit which would be payable to the individual for the month referred to in paragraph (2); and
|
||||
|
||||
(II) the old-age insurance benefit which would be so payable, excluding all wages derived from Federal service of the individual, and assuming the individual were fully insured (as defined by section 214(a) of the Social Security Act).
|
||||
|
||||
(ii) For purposes of this subsection, the amount of a benefit referred to in subclause (I) or (II) of clause (i) shall be determined without regard to subsections (b) through (l) of section 203 of the Social Security Act, and without regard to the requirement that an application for such benefit be filed.
|
||||
|
||||
(B) A reduction under this subsection—
|
||||
|
||||
(i) may not exceed an amount equal to the product of—
|
||||
|
||||
(I) the old-age insurance benefit to which the individual is entitled (or would on proper application be entitled) for the month referred to in paragraph (2), determined without regard to subsections (b) through (l) of section 203 of the Social Security Act; and
|
||||
|
||||
(II) a fraction, as determined under section 8421(b)(3) with respect to the individual, except that the reference to “service” in subparagraph (A) of such section shall be considered to mean Federal service; and
|
||||
|
||||
(ii) may not cause the annuity payment for an individual to be reduced below zero.
|
||||
|
||||
(C) An amount computed under subclause (I) or (II) of subparagraph (A)(i), or under subparagraph (B)(i)(I), for purposes of determining the amount of a reduction under this subsection shall be adjusted under section 8340 of this title.
|
||||
|
||||
(4) A reduction under this subsection applies with respect to the annuity otherwise payable to such individual under this subchapter (other than under section 8337) for the month involved—
|
||||
|
||||
(A) based on service of such individual; and
|
||||
|
||||
(B) without regard to section 8345(j), if otherwise applicable.
|
||||
|
||||
(5) The operation of the preceding paragraphs of this subsection shall not be considered for purposes of applying the provisions of the second sentence of section 215(a)(7)(B)(i) or the provisions of section 215(d)(5)(ii) of the Social Security Act in determining any amount under subclause (I) or (II) of paragraph (3)(A)(i) or paragraph (3)(B)(i)(I) for purposes of this subsection.
|
||||
|
||||
(b) (1) Notwithstanding any other provision of this subchapter—
|
||||
|
||||
(A) a disability annuity to which an individual described in section 8402(b)(2) is entitled under this subchapter, and
|
||||
|
||||
(B) a survivor annuity to which a person is entitled under this subchapter based on the service of an individual described in section 8402(b)(2),
|
||||
|
||||
shall be subject to reduction under this subsection if that individual or person is also entitled (or would on proper application also be entitled) to any similar benefits under title II of the Social Security Act based on the wages and self-employment income of such individual described in section 8402(b)(2).
|
||||
|
||||
(2) (A) Subject to subparagraph (B), reductions under this subsection shall be made in a manner consistent with the manner in which reductions under subsection (a) are computed and otherwise made.
|
||||
|
||||
(B) Reductions under this subsection shall be discontinued if, or for so long as, entitlement to the similar benefits under title II of the Social Security Act (as referred to in paragraph (1)) is terminated (or, in the case of an individual who has not made proper application therefor, would be terminated).
|
||||
|
||||
(3) For the purpose of applying section 224 of the Social Security Act to the disability insurance benefit used to compute the reduction under this subsection, the amount of the CSRS annuity considered shall be the amount of the CSRS annuity before application of this section.
|
||||
|
||||
(4) The Office shall prescribe regulations to carry out this subsection.
|
||||
|
||||
(c) For the purpose of this section, the term “Federal service” means service which is employment for the purposes of title II of the Social Security Act and chapter 21 of the Internal Revenue Code of 1986 by reason of the amendments made by section 101 of the Social Security Amendments of 1983.
|
||||
|
||||
(d) In administering subsections (a) through (c)—
|
||||
|
||||
(1) the terms “an individual under section 8402(b)(2)” and “an individual described in section 8402(b)(2)” shall each be considered to include any individual—
|
||||
|
||||
(A) who is subject to this subchapter as a result of any provision of law described in section 8347(o), and
|
||||
|
||||
(B) whose employment (as described in section 8347(o)) is also employment for purposes of title II of the Social Security Act and chapter 21 of the Internal Revenue Code of 1986; and
|
||||
|
||||
(2) the term “Federal service”, as applied with respect to any individual to whom this section applies as a result of paragraph (1), means any employment referred to in paragraph (1)(B) performed after December 31, 1983.
|
||||
|
||||
(Added Pub. L. 99–335, title II, § 201(b)(1), June 6, 1986, 100 Stat. 589; amended Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 100–238, title I, § 108(b)(2), Jan. 8, 1988, 101 Stat. 1748.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextThe Social Security Act, referred to in text, is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title II of the Social Security Act is classified generally to subchapter II (§ 401 et seq.) of chapter 7 of Title 42, The Public Health and Welfare. Sections 203, 214, 215, and 224 of the Social Security Act are classified to sections 403, 414, 415, and 424a, respectively, of Title 42. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables. Chapter 21 of the Internal Revenue Code of 1986, referred to in subsecs. (c) and (d)(1)(B), is classified to chapter 21 (§ 3101 et seq.) of Title 26, Internal Revenue Code. Section 101 of the Social Security Amendments of 1983 [Pub. L. 98–21], referred to in subsec. (c), amended section 3121 of Title 26 and sections 409 and 410 of Title 42, The Public Health and Welfare, and enacted provisions set out as notes under section 3121 of Title 26 and section 410 of Title 42.
|
||||
|
||||
Amendments1988—Subsec. (d). Pub. L. 100–238 added subsec. (d). 1986—Subsec. (c). Pub. L. 99–514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”.
|
||||
|
||||
Effective Date of 1988 AmendmentAmendment by Pub. L. 100–238 effective Jan. 1, 1987, see section 108(b)(3) of Pub. L. 100–238, set out as a note under section 8334 of this title.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective DateSection effective Jan. 1, 1987, see section 702(a) of Pub. L. 99–335, set out as a note under section 8401 of this title.
|
||||
|
||||
Offsets To Prevent Full Double Coverage for Employees of Park Police and Secret ServiceFor provisions relating to offsets for prevention of full double coverage for employees of Park Police and Secret Service, see section 103(e) of Pub. L. 100–238, set out as a note under section 8334 of this title.
|
||||
@@ -0,0 +1,55 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
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|
||||
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|
||||
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
chapter_name: "RETIREMENT"
|
||||
section: "8350"
|
||||
citation: "5 U.S.C. § 8350"
|
||||
status: "current"
|
||||
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|
||||
release_date: "2026-06-26"
|
||||
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|
||||
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|
||||
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|
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|
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|
||||
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 8350 - Retirement counseling
|
||||
|
||||
## Text
|
||||
|
||||
(a) For the purposes of this section, the term “retirement counselor”, when used with respect to an agency, means an employee of the agency who is designated by the head of the agency to furnish information on benefits under this subchapter and chapter 84 of this title and counseling services relating to such benefits to other employees of the agency.
|
||||
|
||||
(b) The Director of the Office of Personnel Management shall establish a training program for all retirement counselors of agencies of the Federal Government.
|
||||
|
||||
(c) (1) The training program established under subsection (b) of this section shall provide for comprehensive training in the provisions and administration of this subchapter and chapter 84 of this title, shall be designed to promote fully informed retirement decisions by employees and Members under this subchapter and individuals subject to chapter 84 of this title, and shall be revised as necessary to assure that the information furnished to retirement counselors of agencies under the program is current.
|
||||
|
||||
(2) The Director shall conduct a training session under the training program at least once every 3 months.
|
||||
|
||||
(3) Once each year, each retirement counselor of an agency shall successfully complete a training session conducted under the training program.
|
||||
|
||||
(Added Pub. L. 99–335, title II, § 205(a), June 6, 1986, 100 Stat. 592; amended Pub. L. 99–556, title II, § 202, Oct. 27, 1986, 100 Stat. 3135.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1986—Subsec. (c)(1). Pub. L. 99–556 substituted “subsection (b)” for “subsection (b)(1)”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective DateSection effective June 6, 1986, see section 702(b)(3) of Pub. L. 99–335, set out as a note under section 8401 of this title.
|
||||
|
||||
Enhancing Financial LiteracyPub. L. 108–469, § 2, Dec. 21, 2004, 118 Stat. 3892, provided that: “(a) In General.—The Federal Retirement Thrift Investment Board (in this section referred to as the ‘Board’) shall periodically evaluate whether the tools available to participants provide the information needed to understand, evaluate, and compare financial products, services, and opportunities offered through the Thrift Savings Plan. The Board shall use these evaluations to improve its existing education program for Thrift Savings Plan participants. “(b) Report on Financial Literacy Efforts.—The Board shall annually report to the Committee on Governmental Affairs [now Committee on Homeland Security and Governmental Affairs] of the Senate and the Committee on Government Reform [now Committee on Oversight and Accountability] of the House of Representatives on its Thrift Savings Plan education efforts on behalf of plan participants. “(c) Strategy.—As part of the retirement training offered by Office of Personnel Management under section 8350 of title 5, United States Code, the Office, in consultation with the Board, shall—“(1) not later than 6 months after the date of enactment of this Act [Dec. 21, 2004], develop and implement a retirement financial literacy and education strategy for Federal employees that—“(A) shall educate Federal employees on the need for retirement savings and investment; and “(B) provide information related to how Federal employees can receive additional information on how to plan for retirement and calculate what their retirement investment should be in order to meet their retirement goals; and “(2) submit a report to the Committee on Governmental Affairs [now Committee on Homeland Security and Governmental Affairs] of the Senate and the Committee on Government Reform [now Committee on Oversight and Accountability] of the House of Representatives on the strategy described under paragraph (1).”
|
||||
File diff suppressed because one or more lines are too long
Reference in New Issue
Block a user