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5 U.S.C. § 8318 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 8318. Restoration of annuity or retired pay
(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.)
text: Historical and Revision Notes
Derivation
U.S. Code
Revised Statutes and
Statutes 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.
heading: Editorial Notes
heading: References in Text
text: The 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.
heading: Amendments
text: 1996—Subsec. (e). Pub. L. 104–93 added subsec. (e).
5 U.S.C. § 8319 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 8319. Removal of members of the uniformed services from rolls; restoration; reappointment
(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.)
text: Historical and Revision Notes
Derivation
U.S. Code
Revised Statutes and
Statutes 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.
heading: Editorial Notes
heading: References in Text
text: Section 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.
5 U.S.C. § 8322 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 8322. Effect on other statutes
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.)
text: Historical and Revision Notes
Derivation
U.S. Code
Revised Statutes and
Statutes 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.
heading: Statutory Notes and Related Subsidiaries
heading: Retroactive Restoration of Annuity and Retired Pay; Redeposits of Contributions and Offsets
text: Section 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.”
5 U.S.C. § 8333 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 8333. Eligibility for annuity
(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.)
text: Historical and Revision Notes
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Statutes 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.
heading: Editorial Notes
heading: Amendments
text: 1975—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.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1969 Amendment
text: Amendment 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.
5 U.S.C. § 8338 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 8338. Deferred retirement
(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.)
text: Historical and Revision Notes
1966 Act
Derivation
U.S. Code
Revised Statutes and
Statutes 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.
heading: 1967 Act
text: This 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.
heading: Editorial Notes
heading: Amendments
text: 1994—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).
heading: Statutory Notes and Related Subsidiaries
heading: Savings Provisions Deferred Annuities Under Laws Repealed by Pub. L. 90–83
text: Pub. 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.”
5 U.S.C. § 8345a (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 8345a. Embezzlement or conversion of payments
(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.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section 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.
heading: Regulations
text: Regulations 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.
5 U.S.C. § 8346 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 8346. Exemption from legal process; recovery of payments
(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.)
text: Historical and Revision Notes
Derivation
U.S. Code
Revised Statutes and
Statutes 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.
heading: Editorial Notes
heading: Amendments
text: 1978—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”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1978 Amendments
text: Amendment 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.
5 U.S.C. § 8403 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 8403. Relationship to the Social Security Act
Except as otherwise provided in this chapter, the benefits payable under the System are in addition to the benefits payable under the Social Security Act.
(Added Pub. L. 99–335, title I, § 101(a), June 6, 1986, 100 Stat. 522.)
heading: Editorial Notes
heading: References in Text
text: The Social Security Act, referred to in text, is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended, which is classified generally to chapter 7 (§ 301 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.
5 U.S.C. § 8413 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 8413. Deferred retirement
(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. 99–335, title I, § 101(a), June 6, 1986, 100 Stat. 525; amended Pub. L. 99–556, title I, § 105(b)(1), Oct. 27, 1986, 100 Stat. 3132.)
heading: Editorial Notes
heading: Amendments
text: 1986—Subsec. (b)(1). Pub. L. 99–556 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.
5 U.S.C. § 8431 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 8431. Certain transfers to be treated as a separation
(a) For purposes of this subchapter, separation from Government employment includes a transfer from a position that is subject to one of the retirement systems described in subsection (b) to a position that is not subject to any of them.
(b) The retirement systems described in this subsection are—
(1) the retirement system under this chapter;
(2) the retirement system under subchapter III of chapter 83; and
(3) any other retirement system under which individuals may contribute to the Thrift Savings Fund through withholdings from pay.
(Added Pub. L. 106–168, title II, § 203(a)(1), Dec. 12, 1999, 113 Stat. 1820.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 8431, added Pub. L. 99–335, title I, § 101(a), June 6, 1986, 100 Stat. 541; amended Pub. L. 101–509, title V, § 529 [title I, § 101(b)(6)(B)], Nov. 5, 1990, 104 Stat. 1427, 1440, provided a definition of “basic pay” for this subchapter, prior to repeal by Pub. L. 104–208, div. A, title I, § 101(f) [title VI, § 659 [title II, §§ 206(a)(2), 207]], Sept. 30, 1996, 110 Stat. 3009–314, 3009–372, 3009–378, effective Sept. 30, 1996.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Pub. L. 106–168, title II, § 203(c), Dec. 12, 1999, 113 Stat. 1820, provided that: “The amendments made by this section [enacting this section and amending section 8351 of this title] shall apply with respect to transfers occurring before, on, or after the date of the enactment of this Act [Dec. 12, 1999], except that, for purposes of applying such amendments with respect to any transfer occurring before such date of enactment, the date of such transfer shall be considered to be the date of the enactment of this Act. The Executive Director (within the meaning of section 8401(13) of title 5, United States Code) may prescribe any regulations necessary to carry out this subsection.”