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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 09:52:37 -04:00

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LegalText 5 U.S.C. § 8413 Deferred retirement us united_states_code code_section 5 GOVERNMENT ORGANIZATION AND EMPLOYEES 84 FEDERAL EMPLOYEES RETIREMENT SYSTEM 8413 5 U.S.C. § 8413 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip /us/usc/t5/s8413 data/legal/raw/us/code/title-05/usc05.xml 36605a8066f4a0cee758f4de0a0f4af3a0e382b2ae92db512704faaa300d63ca 719fdb18e7085aede50e1e97c1c129fa6058e2c5c12b3d77a9b9044b1769e540 6dfec300242501ebe4a2924878dcb88ee70f3449023aa9873204afc5ba942b0e 2026-07-04 official
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5 U.S.C. § 8413 - Deferred retirement

Text

(a) An employee or Member who is separated from the service, or transferred to a position in which the employee or Member does not continue subject to this chapter, after completing 5 years of service is entitled to an annuity beginning at the age of 62 years.

(b) (1) An employee or Member who is separated from the service, or transferred to a position in which the employee or Member does not continue subject to this chapter, after completing 10 years of service but before attaining the applicable minimum retirement age under section 8412(h) is entitled to an annuity beginning on the date designated by the employee or Member in a written election under this subsection. The date designated under this subsection may not precede the date on which the employee or Member attains such minimum retirement age and must precede the date on which the employee or Member becomes 62 years of age.

(2) The election of an annuity under this subsection shall not be effective unless—

(A) it is made at such time and in such manner as the Office shall by regulation prescribe; and

(B) the employee or Member will not otherwise be eligible to receive an annuity within 31 days after filing the election.

(3) The election of an annuity under this subsection extinguishes the right of the employee or Member to receive any other annuity based on the service on which the annuity under this subsection is based.

(Added Pub. L. 99335, title I, § 101(a), June 6, 1986, 100 Stat. 525; amended Pub. L. 99556, title I, § 105(b)(1), Oct. 27, 1986, 100 Stat. 3132.)

Notes

Editorial Notes

Amendments1986—Subsec. (b)(1). Pub. L. 99556 inserted “but before attaining the applicable minimum retirement age under section 8412(h)” in first sentence and substituted “such minimum retirement age” for “the applicable minimum retirement age under section 8412(h)” in second sentence.