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5 U.S.C. § 8455 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 8455. Recovery; restoration of earning capacity
(a)
(1) If an annuitant receiving a disability retirement annuity from the Fund recovers from the disability before becoming 60 years of age, payment of the annuity terminates on reemployment by the Government or 1 year after the date on which the Office determines that the annuitant has recovered, whichever is earlier.
(2) If an annuitant receiving a disability annuity from the Fund, before becoming 60 years of age, is restored to an earning capacity fairly comparable to the current rate of pay of the position occupied at the time of retirement, payment of the annuity terminates 180 days after the end of the calendar year in which earning capacity is so restored. Earning capacity is deemed restored if in any calendar year the income of the annuitant from wages or self-employment or both equals at least 80 percent of the current rate of pay of the position occupied immediately before retirement.
(b)
(1) If an annuitant whose annuity is terminated under subsection (a) is not reemployed in a position in which that individual is subject to this chapter, such individual is deemed, except for service credit, to have been involuntarily separated from the service for the purpose of subchapter II of this chapter as of the date of termination of the disability annuity, and after that termination is entitled to annuity under the applicable provisions of such subchapter.
(2) If an annuitant whose annuity is terminated under subsection (a)(2)—
(A) is not reemployed in a position subject to this chapter; and
(B) has not recovered from the disability for which that individual was retired;
the annuity of such individual shall be restored at the applicable rate under section 8452 effective the first of the year following any calendar year in which such individual’s income from wages or self-employment or both is less than 80 percent of the current rate of pay of the position occupied immediately before retirement.
(3) If an annuitant whose annuity is terminated because of a medical finding that the individual has recovered from disability is not reemployed in a position in which such individual is subject to this chapter, the annuity of such individual shall be restored at the applicable rate under section 8452 effective from the date on which the Office determines that there has been a recurrence of the disability.
(4) Paragraphs (2) and (3) shall not apply in the case of an annuitant receiving an annuity from the Fund under subchapter II of this chapter.
(Added Pub. L. 99–335, title I, § 101(a), June 6, 1986, 100 Stat. 568.)
5 U.S.C. § 8456 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 8456. Military reserve technicians
(a)
(1) Except as provided in paragraph (2) or (3), an individual shall be retired under this subchapter if the individual—
(A) is separated from employment as a military reserve technician by reason of a disability that disqualifies the individual from membership in a reserve component of the Armed Forces specified in section 10101 of title 10 or from holding the military grade required for such employment;
(B) is not considered to be disabled under section 8451(a)(1)(B);
(C) is not appointed to a position in the Government (whether under subsection (b) or otherwise); and
(D) has not declined an offer of an appointment to a position in the Government under subsection (b).
(2) Payment of any annuity for an individual pursuant to this section terminates—
(A) on the date the individual is appointed to a position in the Government (whether pursuant to subsection (b) or otherwise);
(B) on the date the individual declines an offer of appointment to a position in the Government under subsection (b); or
(C) as provided under section 8455(a).
(3) An individual eligible to retire under section 8414(c) shall not be eligible to retire under this section.
(b) Any individual applying for or receiving any annuity pursuant to this section shall, in accordance with regulations prescribed by the Office, be considered by any agency of the Government before any vacant position in the agency is filled if—
(1) the position is located within the commuting area of the individual’s former position;
(2) the individual is qualified to serve in such position, as determined by the head of the agency; and
(3) the position is at the same grade or equivalent level as the position from which the individual was separated.
(Added Pub. L. 99–335, title I, § 101(a), June 6, 1986, 100 Stat. 570, § 8457; amended Pub. L. 99–556, title I, § 118, Oct. 27, 1986, 100 Stat. 3134; renumbered § 8456, Pub. L. 100–238, title I, § 124(b)(1)(B), Jan. 8, 1988, 101 Stat. 1756; Pub. L. 103–337, div. A, title XVI, § 1677(a)(4), Oct. 5, 1994, 108 Stat. 3019.)
heading: Prior Provisions
text: A prior section 8456, added Pub. L. 99–355, title I, § 101(a), June 6, 1986, 100 Stat. 569, related to relationship between annuity and workers’ compensation, prior to repeal by Pub. L. 100–238, title I, § 124(b)(1)(A), Jan. 8, 1988, 101 Stat. 1756. See section 8464a of this title.
heading: Amendments
text: 1994—Subsec. (a)(1)(A). Pub. L. 103–337 substituted “section 10101” for “section 261(a)”.
1988—Pub. L. 100–238 renumbered section 8457 of this title as this section.
1986—Subsec. (a)(1)(C), (D), (2)(A), (B). Pub. L. 99–556 substituted “subsection (b)” for “subsection (c)”.
heading: Effective Date of 1994 Amendment
text: Amendment by Pub. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of Title 10, Armed Forces.
5 U.S.C. § 8463 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 8463. Rate of benefits
Each annuity payable from the Fund is stated as an annual amount, one-twelfth of which, rounded to the next lower dollar, constitutes the monthly rate payable on the first business day of the first month beginning after the month for which it has accrued.
(Added Pub. L. 99–335, title I, § 101(a), June 6, 1986, 100 Stat. 574.)
5 U.S.C. § 8464 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 8464. Commencement and termination of annuities of employees and Members
(a)
(1) Except as otherwise provided in this chapter—
(A) an annuity payable from the Fund commences on the first day of the month after—
(i) separation from the service, in the case of an employee or Member retiring under section 8412, or subsection (a), (b)(1)(B), or (d) of section 8414; or
(ii) pay ceases, and the applicable age and service requirements are met, in the case of an employee or Member retiring under section 8413;
(B) an annuity payable from the Fund commences on the day after separation from the service in the case of an employee retiring under subsection (b)(1)(A) or (c) of section 8414; and
(C) an annuity payable from the Fund commences on the day after separation from the service or the day after pay ceases and the requirements for title to an annuity are met in the case of an employee or Member retiring under section 8451.
(2) Notwithstanding paragraph (1)(A)(i), an annuity payable from the Fund commences on the day after separation from the service in the case of an employee or Member—
(A) who retires under section 8412; and
(B) whose separation occurs upon the expiration of a term (or other period) for which the individual was appointed or elected.
(b) Except as otherwise provided in this chapter, the annuity of an annuitant under subchapter II or V of this chapter terminates on the date death or other terminating event occurs.
(Added Pub. L. 99–335, title I, § 101(a), June 6, 1986, 100 Stat. 574; amended Pub. L. 105–261, div. A, title XI, § 1109(c)(2), Oct. 17, 1998, 112 Stat. 2145; Pub. L. 106–58, title VI, § 651(b), Sept. 29, 1999, 113 Stat. 480; Pub. L. 106–398, § 1 [[div. A], title XI, § 1152(c)(2)], Oct. 30, 2000, 114 Stat. 1654, 1654A–323; Pub. L. 107–107, div. A, title X, § 1048(f)(2), Dec. 28, 2001, 115 Stat. 1228.)
heading: Amendments
text: 2001—Subsec. (a)(1)(A)(i). Pub. L. 107–107 amended directory language of Pub. L. 106–398. See 2000 Amendment note below.
2000—Subsec. (a)(1)(A)(i). Pub. L. 106–398, as amended by Pub. L. 107–107, substituted “, (b)(1)(B), or (d)” for “or (b)(1)(B)”.
1999—Subsec. (a)(1)(A)(i). Pub. L. 106–58 repealed Pub. L. 105–261, § 1109(c)(2). See 1998 Amendment note below.
1998—Subsec. (a)(1)(A)(i). Pub. L. 105–261, § 1109(c)(2), which directed substitution of “, (b)(1)(B), or (d)” for “or (b)(1)(B)”, was repealed by Pub. L. 106–58.
heading: Effective Date of 2001 Amendment
text: Pub. L. 107–107, div. A, title X, § 1048(f), Dec. 28, 2001, 115 Stat. 1228, provided that the amendment made by section 1048(f)(2) is effective as of Oct. 30, 2000, and as if included in the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001, as enacted into law by Pub. L. 106–398.
5 U.S.C. § 8464a (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 8464a. Relationship between annuity and workers’ compensation
(a)
(1) An individual is not entitled to receive—
(A) an annuity under subchapter II or V, and
(B) compensation for injury to, or disability of, such individual under subchapter I of chapter 81, other than compensation payable under section 8107,
covering the same period of time.
(2) An individual is not entitled to receive an annuity under subchapter IV and a concurrent benefit under subchapter I of chapter 81 on account of the death of the same person.
(3) Paragraphs (1) and (2) do not bar the right of a claimant to the greater benefit conferred by either this chapter or subchapter I of chapter 81.
(b) If an individual is entitled to an annuity under subchapter II, IV, or V, and the individual receives a lump-sum payment for compensation under section 8135 based on the disability or death of the same person, so much of the compensation as has been paid for a period extended beyond the date payment of the annuity commences, as determined by the Department of Labor, shall be refunded to that Department for credit to the Employees’ Compensation Fund. Before the individual may receive the annuity, the individual shall—
(1) refund to the Department of Labor the amount representing the commuted compensation payments for the extended period; or
(2) authorize the deduction of the amount from the annuity.
Deductions from the annuity may be made from accrued or accruing payments. The amounts deducted and withheld from the annuity shall be transmitted to the Department of Labor for reimbursement to the Employees’ Compensation Fund. When the Department of Labor finds that the financial circumstances of an individual entitled to an annuity under subchapter II, IV, or V warrant deferred refunding, deductions from the annuity may be prorated against and paid from accruing payments in such manner as the Department determines appropriate.
(Added Pub. L. 100–238, title I, § 124(a)(1)(B), Jan. 8, 1988, 101 Stat. 1755.)
heading: Prior Provisions
text: Provisions similar to this section were contained in section 8456 of this title prior to repeal by Pub. L. 100–238.
heading: Effective Date
text: Section effective Jan. 1, 1987, and applicable with respect to benefits payable based on a death or disability occurring on or after that date, see section 124(c) of Pub. L. 100–238 set out as an Effective Date of 1988 Amendment note under section 8337 of this title.
5 U.S.C. § 8465 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 8465. Waiver, allotment, and assignment of benefits
(a) An individual entitled to an annuity payable from the Fund may decline to accept all or any part of the amount of the annuity by a waiver signed and filed with the Office. 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 is in effect.
(b) An individual entitled to an annuity payable from the Fund may make allotments or assignments of amounts from the annuity for such purposes as the Office considers appropriate.
(Added Pub. L. 99–335, title I, § 101(a), June 6, 1986, 100 Stat. 575.)
5 U.S.C. § 8466 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 8466. Application for benefits
(a) No payment of benefits based on the service of an employee or Member shall be made from the Fund unless an application for payment of the benefits is received by the Office before the one hundred and fifteenth anniversary of the birth of the employee or Member.
(b) Notwithstanding subsection (a), after the death of an employee, Member, or annuitant, or former employee or Member, a benefit based on the service of such employee, Member, or annuitant, or former employee or Member, shall not be paid under subchapter II or IV of this chapter unless an application therefor is received by the Office within 30 years after the death or other event which establishes the entitlement to the benefit.
(c) Payment due a minor, or an individual mentally incompetent or under other legal disability, may be made to the person 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 who, in the judgment of the Office, is responsible for the care of the claimant, and the payment bars recovery by any other person.
(Added Pub. L. 99–335, title I, § 101(a), June 6, 1986, 100 Stat. 575.)
5 U.S.C. § 8469 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 8469. Withholding of State income taxes
(a) The Office shall, in accordance with this section, 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.
(b) An annuitant may have in effect at any time only one request for withholding under this section, and an annuitant may not have more than two such requests in effect during any one calendar year.
(c) Subject to subsection (b), 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.
(d) This section 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 section. 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.
(e) For the purpose of this section—
(1) the term “State” means a State, the District of Columbia, or any territory or possession of the United States; and
(2) the term “annuitant” includes a survivor who is receiving an annuity from the Fund.
(Added Pub. L. 99–335, title I, § 101(a), June 6, 1986, 100 Stat. 576.)
5 U.S.C. § 8470 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 8470. Exemption from legal process; recovery of payments
(a) An amount payable under subchapter II, IV, or V of this chapter is not assignable, either in law or equity, except under the provisions of section 8465 or 8467, 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 subchapter II, IV, or V of this chapter may not be made from an individual when, in the judgment of the Office, the individual is without fault and recovery would be against equity and good conscience. Withholding or recovery of money paid under subchapter II, IV, or V of this chapter 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.
(Added Pub. L. 99–335, title I, § 101(a), June 6, 1986, 100 Stat. 577.)
5 U.S.C. § 8471 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 8471. Definitions
For the purposes of this subchapter—
(1) the term “beneficiary” means an individual (other than a participant) entitled to payment from the Thrift Savings Fund under subchapter III of this chapter;
(2) the term “Council” means the Employee Thrift Advisory Council established under section 8473 of this title;
(3) the term “participant” means an individual for whom an account has been established under section 8439 of this title;
(4) the term “person” means an individual, partnership, joint venture, corporation, mutual company, joint-stock company, trust, estate, unincorporated organization, association, or labor organization; and
(5) the term “Thrift Savings Fund” means the Thrift Savings Fund established under section 8437 of this title.
(Added Pub. L. 99–335, title I, § 101(a), June 6, 1986, 100 Stat. 577.)
heading: Effective Date
text: Subchapter VII effective June 6, 1986, see section 702(b)(1) of Pub. L. 99–335, set out as a note under section 8401 of this title.
5 U.S.C. § 8475 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 8475. Investment policies
The Board shall develop investment policies under section 8472(f)(1) of this title which provide for—
(1) prudent investments suitable for accumulating funds for payment of retirement income; and
(2) low administrative costs.
(Added Pub. L. 99–335, title I, § 101(a), June 6, 1986, 100 Stat. 581.)
5 U.S.C. § 8476 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 8476. Administrative provisions
(a) The Board shall meet—
(1) not less than once during each month; and
(2) at additional times at the call of the Chairman.
(b)
(1) Except as provided in sections 8472(g)(1)(C) and 8474(a)(1) of this title, the Board shall perform the functions and exercise the powers of the Board on a majority vote of a quorum of the Board.
(2) A vacancy on the Board shall not impair the authority of a quorum of the Board to perform the functions and exercise the powers of the Board.
(c) Three members of the Board shall constitute a quorum for the transaction of business.
(d)
(1) Each member of the Board who is not an officer or employee of the Federal Government shall be compensated at the daily rate of basic pay for level IV of the Executive Schedule for each day during which such member is engaged in performing a function of the Board.
(2) A member of the Board shall be paid travel, per diem, and other necessary expenses under subchapter I of chapter 57 of this title while traveling away from such member’s home or regular place of business in the performance of the duties of the Board.
(3) Payments authorized under this subsection shall be paid from the Thrift Savings Fund.
(e) The accrued annual leave of any employee who is a member of the Board or the Council shall not be charged for any time used in performing services for the Board or the Council.
(Added Pub. L. 99–335, title I, § 101(a), June 6, 1986, 100 Stat. 581; amended Pub. L. 101–509, title V, § 529 [title I, § 101(b)(9)(K)], Nov. 5, 1990, 104 Stat. 1427, 1442.)
heading: References in Text
text: Level IV of the Executive Schedule, referred to in subsec. (d)(1), is set out in section 5315 of this title.
heading: Amendments
text: 1990—Subsec. (d)(1). Pub. L. 101–509 substituted “level IV of the Executive Schedule” for “grade GS–18 of the General Schedule”.
heading: Effective Date of 1990 Amendment
text: Amendment by Pub. L. 101–509 effective on such date as the President shall determine, but not earlier than 90 days, and not later than 180 days, after Nov. 5, 1990, see section 529 [title III, § 305] of Pub. L. 101–509, set out as a note under section 5301 of this title.
5 U.S.C. § 8478a (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 8478a. Investigative authority
Any authority available to the Secretary of Labor under section 504 of the Employee Retirement Income Security Act of 1974 is hereby made available to the Secretary of Labor, and any officer designated by the Secretary of Labor, to determine whether any person has violated, or is about to violate, any provision of section 8477 or 8478.
(Added Pub. L. 99–556, title I, § 110(a), Oct. 27, 1986, 100 Stat. 3132.)
heading: References in Text
text: Section 504 of the Employee Retirement Income Security Act of 1974, referred to in text, is classified to section 1134 of Title 29, Labor.
5 U.S.C. § 8479 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 8479. Exculpatory provisions; insurance
(a) Any provision in an agreement or instrument which purports to relieve a fiduciary from responsibility or liability for any responsibility, obligation, or duty under this subchapter shall be void.
(b)
(1) The Executive Director may require employing agencies to contribute an amount not to exceed 1 percent of the amount such agencies are required to contribute in accordance with section 8432(c) of this title to the Thrift Savings Fund.
(2) The sums credited to the Thrift Savings Fund under paragraph (1) shall be available and may be used at the discretion of the Executive Director to purchase insurance to cover potential liability of persons who serve in a fiduciary capacity with respect to the Thrift Savings Fund, without regard to whether a policy of insurance permits recourse by the insurer against the fiduciary in the case of a breach of a fiduciary obligation.
(Added Pub. L. 99–335, title I, § 101(a), June 6, 1986, 100 Stat. 588.)
5 U.S.C. § 8480 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 8480. Subpoena authority
(a) In order to carry out the responsibilities specified in this subchapter and subchapter III of this chapter, the Executive Director may issue subpoenas commanding each person to whom the subpoena is directed to produce designated books, documents, records, electronically stored information, or tangible materials in the possession or control of that individual.
(b) Notwithstanding any Federal, State, or local law, any person, including officers, agents, and employees, receiving a subpoena under this section, who complies in good faith with the subpoena and thus produces the materials sought, shall not be liable in any court of any State or the United States to any individual, domestic or foreign corporation or upon a partnership or other unincorporated association for such production.
(c) When a person fails to obey a subpoena issued under this section, the district court of the United States for the district in which the investigation is conducted or in which the person failing to obey is found, shall on proper application issue an order directing that person to comply with the subpoena. The court may punish as contempt any disobedience of its order.
(d) The Executive Director shall prescribe regulations to carry out subsection (a).
(Added Pub. L. 111–31, div. B, title I, § 107(a), June 22, 2009, 123 Stat. 1856.)