RI 20-123 Citations

Page 813

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

‘‘ ‘(2)(A) has been employed continuously by the
Government Accountability Office for at least the 31day period immediately preceding the start of the period referred to in subparagraph (D);
‘‘ ‘(B) is serving under an appointment that is not
time limited;
‘‘ ‘(C) has not received a notice of involuntary separation, for misconduct or unacceptable performance,
with respect to which final action remains pending;
and
‘‘ ‘(D) is separated from the service voluntarily during a period with respect to which the Comptroller
General determines that the application of this subsection is necessary and appropriate for the purpose
of—
‘‘ ‘(i) realigning the Government Accountability
Office’s workforce in order to meet budgetary constraints or mission needs;
‘‘ ‘(ii) correcting skill imbalances; or
‘‘ ‘(iii) reducing high-grade, managerial, or supervisory positions;’.
‘‘(b) FEDERAL EMPLOYEES’ RETIREMENT SYSTEM.—Effective October 13, 2000, subparagraph (B) of section
8414(b)(1) of title 5, United States Code, shall, with respect to officers and employees of the Government Accountability Office, be applied as if it had been amended to read as follows:
‘‘ ‘(B)(i) has been employed continuously by the
Government Accountability Office for at least the 31day period immediately preceding the start of the period referred to in clause (iv);
‘‘ ‘(ii) is serving under an appointment that is not
time limited;
‘‘ ‘(iii) has not received a notice of involuntary separation, for misconduct or unacceptable performance,
with respect to which final action remains pending;
and
‘‘ ‘(iv) is separated from the service voluntarily during a period with respect to which the Comptroller
General determines that the application of this subsection is necessary and appropriate for the purpose
of—
‘‘ ‘(I) realigning the Government Accountability
Office’s workforce in order to meet budgetary constraints or mission needs;
‘‘ ‘(II) correcting skill imbalances; or
‘‘ ‘(III) reducing high-grade, managerial, or supervisory positions;’.
‘‘(c) NUMERICAL LIMITATION.—Not to exceed 10 percent
of the Government Accountability Office’s workforce
(as of the start of a fiscal year) shall be permitted to
take voluntary early retirement in such fiscal year
pursuant to this section.
‘‘(d) REGULATIONS.—The Comptroller General shall
prescribe any regulations necessary to carry out this
section, including regulations under which an early retirement offer may be made to any employee or group
of employees based on—
‘‘(1) geographic area, organizational unit, or occupational series or level;
‘‘(2) skills, knowledge, or performance; or
‘‘(3) such other similar factors (or combination of
factors described in this or any other paragraph of
this subsection) as the Comptroller General considers
necessary and appropriate in order to achieve the
purpose involved.
‘‘(e) SENSE OF CONGRESS.—It is the sense of Congress
that the implementation of this section is intended to
reshape the Government Accountability Office workforce and not downsize the Government Accountability
Office workforce.’’
APPLICATION OF SUBSECTION (d)(2)
Pub. L. 105–174, title III, § 7001(a), May 1, 1998, 112
Stat. 91, as amended by Pub. L. 106–58, title VI, § 651(a),
Sept. 29, 1999, 113 Stat. 480, which provided that, effective May 1, 1998, subsec. (d)(2) of this section was to be
applied as if it read as specified in Pub. L. 105–174,

§ 8337

§ 7001(a), was repealed by Pub. L. 107–296, title XIII,
§ 1313(b)(4), Nov. 25, 2002, 116 Stat. 2296.
INDIAN PREFERENCE LAWS APPLICABLE TO BUREAU OF
INDIAN AFFAIRS AND INDIAN HEALTH SERVICE POSITIONS

Nonapplicability of annuity provisions of subsec. (j)
of this section to individuals accepting waiver of Indian
preference laws with respect to personnel actions, see
section 472a(c)(2) of Title 25, Indians.
INDIVIDUALS ENTITLED TO ANNUITY PAYMENTS FOR
PERIOD PRIOR TO OCTOBER 1, 1979
Section 1241(b)(2) of Pub. L. 96–70 provided that: ‘‘Effective October 1, 1979, any individual who, but for
paragraph (1) of this subsection [set out as an Effective
Date of 1979 Amendment note above], would have been
entitled to one or more annuity payments pursuant to
the amendments made by this section [amending this
section] for periods before October 1, 1979, shall be entitled, to such extent or in such amounts as are provided
in advance in appropriation Acts, to a lump sum payment equal to the total amount of all such annuity
payments.’’

§ 8337. Disability retirement
(a) An employee who completes 5 years of civilian service and has become disabled shall be
retired on the employee’s own application or on
application by the employee’s agency. Any employee shall be considered to be disabled only if
the employee is found by the Office of Personnel
Management to be unable, because of disease or
injury, to render useful and efficient service in
the employee’s position and is not qualified for
reassignment, under procedures prescribed by
the Office, to a vacant position which is in the
agency at the same grade or level and in which
the employee would be able to render useful and
efficient service. For the purpose of the preceding sentence, an employee of the United States
Postal Service shall be considered not qualified
for a reassignment described in that sentence if
the reassignment is to a position in a different
craft or is inconsistent with the terms of a collective bargaining agreement covering the employee. A judge of the United States Court of
Appeals for the Armed Forces who completes 5
years of civilian service and who is found by the
Office to be disabled for useful and efficient
service as a judge of such court or who is removed for mental or physical disability under
section 942(c) of title 10 shall be retired on the
judge’s own application or upon such removal. A
Member who completes 5 years of Member service and is found by the Office to be disabled for
useful and efficient service as a Member because
of disease or injury shall be retired on the Member’s own application. An annuity authorized by
this section is computed under section 8339(g) of
this title, unless the employee or Member is eligible for a higher annuity computed under section 8339(a) through (e), (n), (q), (r), or (s).
(b) A claim may be allowed under this section
only if the application is filed with the Office
before the employee or Member is separated
from the service or within 1 year thereafter.
This time limitation may be waived by the Office for an employee or Member who at the date
of separation from service or within 1 year
thereafter is mentally incompetent, if the application is filed with the Office within 1 year from
the date of restoration of the employee or Mem-

§ 8337

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

ber to competency or the appointment of a fiduciary, whichever is earlier.
(c) An annuitant receiving disability retirement annuity from the Fund shall be examined
under the direction of the Office—
(1) at the end of 1 year from the date of the
disability retirement; and
(2) annually thereafter until he becomes 60
years of age;
unless his disability is permanent in character.
If the annuitant fails to submit to examination
as required by this section, payment of the annuity shall be suspended until continuance of
the disability is satisfactorily established.
(d) If an annuitant receiving disability retirement annuity from the Fund, before becoming 60
years of age, recovers from his disability, payment of the annuity terminates on reemployment by the Government or 1 year after the date
of the medical examination showing the recovery, whichever is earlier. If an annuitant receiving disability retirement 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 on reemployment by the
Government or 180 days after the end of the calendar year in which earning capacity is so restored, whichever is earlier. 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.
(e) If an annuitant whose annuity is terminated under subsection (d) of this section is not
reemployed in a position in which he is subject
to this subchapter, he is deemed, except for service credit, to have been involuntarily separated
from the service for the purpose of this subchapter as of the date of termination of the disability annuity, and after that termination is
entitled to annuity under the applicable provisions of this subchapter. If an annuitant whose
annuity is heretofore or hereafter terminated
because of an earning capacity provision of this
subchapter or an earlier statute—
(1) is not reemployed in a position in which
he is subject to this subchapter; and
(2) has not recovered from the disability for
which he was retired;
his annuity shall be restored at the same rate
effective the first of the year following any calendar year in which his 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. If an annuitant whose annuity is heretofore or hereafter
terminated because of a medical finding that he
has recovered from disability is not reemployed
in a position in which he is subject to this subchapter, his annuity shall be restored at the
same rate effective from the date of medical examination showing a recurrence of the disability. The second and third sentences of this subsection do not apply to an individual who has
become 62 years of age and is receiving or is eligible to receive annuity under the first sentence
of this subsection.

Page 814

(f)(1) An individual is not entitled to receive—
(A) an annuity under this subchapter, 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 this subchapter 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 subchapter or subchapter I of chapter
81.
(g) If an individual is entitled to an annuity
under this subchapter, 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 this subchapter warrant deferred refunding, deductions from the annuity may be prorated against and paid from accruing payments in such manner as the Department determines appropriate.
(h)(1) As used in this subsection, the term
‘‘technician’’ means an individual employed
under section 709(a) of title 32 or section 10216 of
title 10 who, as a condition of the employment,
is required under section 709(b) of title 32 or section 10216 of title 10, respectively, to be a member of the Selected Reserve.
(2)(A) Except as provided in subparagraph (B)
of this paragraph, an individual shall be retired
under this section if the individual—
(i) is separated from employment as a technician under section 709(e)(1) of title 32 or section 10216 of title 10 by reason of a disability
that disqualifies the individual from membership in the Selected Reserve;
(ii) is not considered to be disabled under the
second sentence of subsection (a) of this section;
(iii) is not appointed to a position in the
Government (whether under paragraph (3) of
this subsection or otherwise); and
(iv) has not declined an offer of an appointment to a position in the Government under
paragraph (3) of this subsection.
(B) Payment of any annuity for an individual
pursuant to this subsection terminates—

Page 815

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

(i) on the date the individual is appointed to
a position in the Government (whether pursuant to paragraph (3) of this subsection or
otherwise);
(ii) on the date the individual declines an
offer of appointment to a position in the Government under paragraph (3); or
(iii) as provided under subsection (d).
(3) Any individual applying for or receiving
any annuity pursuant to this subsection 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—
(A) the position is located within the commuting area of the individual’s former position;
(B) the individual is qualified to serve in
such position, as determined by the head of
the agency; and
(C) the position is at the same grade or
equivalent level as the position from which
the individual was separated under section
709(e)(1) of title 32 or section 10216 of title 10.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 572; Pub. L.
90–83, § 1(76), Sept. 11, 1967, 81 Stat. 214; Pub. L.
95–454, title IX, § 906(a)(2), (3), Oct. 13, 1978, 92
Stat. 1224; Pub. L. 96–499, title IV, § 403(a), Dec.
5, 1980, 94 Stat. 2605; Pub. L. 97–253, title III,
§ 302(a), Sept. 8, 1982, 96 Stat. 792; Pub. L. 98–94,
title XII, § 1256(c), Sept. 24, 1983, 97 Stat. 701;
Pub. L. 100–238, title I, § 124(a)(1)(A), Jan. 8, 1988,
101 Stat. 1755; Pub. L. 101–189, div. A, title XIII,
§ 1304(b)(2), Nov. 29, 1989, 103 Stat. 1577; Pub. L.
101–428, § 2(d)(1), Oct. 15, 1990, 104 Stat. 929; Pub.
L. 102–378, § 2(61), Oct. 2, 1992, 106 Stat. 1354; Pub.
L. 103–337, div. A, title IX, § 924(d)(1)(A), Oct. 5,
1994, 108 Stat. 2832; Pub. L. 105–61, title V,
§ 516(a)(2), Oct. 10, 1997, 111 Stat. 1306; Pub. L.
106–65, div. A, title V, § 522(d), Oct. 5, 1999, 113
Stat. 597; Pub. L. 106–553, § 1(a)(2) [title III,
§ 308(h)(1)], Dec. 21, 2000, 114 Stat. 2762, 2762A–88.)
HISTORICAL AND REVISION NOTES
1966 ACT
Derivation
..................

Revised Statutes and
Statutes at Large

U.S. Code
5 U.S.C. 2257.

July 31, 1956, ch. 804, § 401
‘‘Sec. 7’’, 70 Stat. 750.
Oct. 4, 1961, Pub. L. 87–350,
§ 4(a), 75 Stat. 771.

In subsection (c), the words ‘‘receiving disability retirement annuity from the Fund’’ are coextensive with
and substituted for ‘‘retired under this section or under
section 6 of the Act of May 29, 1930, as amended’’.
In subsection (g), the words ‘‘Notwithstanding any
provision of law to the contrary’’ are omitted as unnecessary. The words ‘‘Employees’ Compensation Fund’’
are substituted for ‘‘Federal Employees’ Compensation
Fund’’ to conform to the title of that Fund as set forth
in section 8147.
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
This section amends 5 U.S.C. 8337(e) for consistency
within the subchapter and to reflect that it is the individual, rather than the position, that is subject to the
subchapter.

§ 8337

AMENDMENTS
2000—Subsec. (a). Pub. L. 106–553 substituted ‘‘8339(a)
through (e), (n), (q), (r), or (s)’’ for ‘‘8339(a)–(e), (n), (q),
or (r)’’ in last sentence.
1999—Subsec. (h)(1). Pub. L. 106–65, § 522(d)(1), inserted
‘‘or section 10216 of title 10’’ after ‘‘title 32’’ and substituted ‘‘title 32 or section 10216 of title 10, respectively, to be a member of the Selected Reserve.’’ for
‘‘such title to be a member of the National Guard and
to hold a specified military grade.’’
Subsec. (h)(2)(A)(i). Pub. L. 106–65, § 522(d)(2), inserted
‘‘or section 10216 of title 10’’ after ‘‘title 32’’ and substituted ‘‘Selected Reserve’’ for ‘‘National Guard or
from holding the military grade required for such employment’’.
Subsec. (h)(3)(C). Pub. L. 106–65, § 522(d)(3), inserted
‘‘or section 10216 of title 10’’ after ‘‘title 32’’.
1997—Subsec. (a). Pub. L. 105–61 substituted ‘‘(q), or
(r)’’ for ‘‘or (q)’’.
1994—Subsec. (a). Pub. L. 103–337 substituted ‘‘Court
of Appeals for the Armed Forces’’ for ‘‘Court of Military Appeals’’.
1992—Subsec. (a). Pub. L. 102–378 substituted ‘‘if’’ for
‘‘is’’ after ‘‘employee’’ in second sentence.
1990—Subsec. (a). Pub. L. 101–428 substituted
‘‘8339(a)–(e), (n), or (q)’’ for ‘‘8339(a)–(e) or (n)’’.
1989—Subsec. (a). Pub. L. 101–189 substituted ‘‘section
942(c) of title 10’’ for ‘‘section 867(a)(2) of title 10’’.
1988—Subsec. (f). Pub. L. 100–238 added subsec. (f) and
struck out former subsec. (f) which read as follows: ‘‘An
individual is not entitled to receive an annuity under
this subchapter and compensation for injury or disability to himself under subchapter I of chapter 81 of this
title covering the same period of time. This provision
does not bar the right of a claimant to the greater benefit conferred by either subchapter for any part of the
same period of time. Neither this provision nor any
provision of subchapter I of chapter 81 of this title denies to an individual an annuity accruing to him under
this subchapter on account of service performed by
him, or denies any concurrent benefit to him under
subchapter I of chapter 81 of this title on account of the
death of another individual.’’
Subsec. (g). Pub. L. 100–238 added subsec. (g) and
struck out former subsec. (g) which read as follows:
‘‘The right of an individual entitled to an annuity
under this subchapter is not affected because he has received a lump-sum payment for compensation under
section 8135 of this title. However, if the annuity is
payable on account of the same disability for which
compensation under section 8135 of this title has been
paid, so much of the compensation as has been paid for
a period extended beyond the date the annuity becomes
effective, as determined by the Department of Labor,
shall be refunded to that Department to be covered into
the Employees’ Compensation Fund. Before the individual may receive the annuity he 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 that amount from
the annuity payable to him under this subchapter,
which amount shall be transmitted to the Department of Labor for reimbursement to the Employees’
Compensation Fund.
Deductions from the annuity may be made from accrued and accruing payments. When the Department of
Labor finds that the financial circumstances of the annuitant warrant deferred refunding, deductions from
the annuity may be prorated against and paid from accruing payments in such manner as that Department
determines.’’
1983—Subsec. (a). Pub. L. 98–94 inserted provision that
a judge of the United States Court of Military Appeals
who completes 5 years of civilian service and who is
found by the Office to be disabled for useful and efficient service as a judge of such court or who is removed
for mental or physical disability under section 867(a)(2)
of title 10 shall be retired on the judge’s own application or upon such removal.

§ 8338

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

1982—Subsec. (d). Pub. L. 97–253, § 302(a)(1), (2), substituted ‘‘180 days’’ for ‘‘1 year’’ in provision relating to
restoration of an annuitant to an earning capacity fairly comparable to the current rate of pay of the position
occupied at the time of retirement, and ‘‘any calendar
year’’ for ‘‘each of 2 succeeding calendar years’’.
Subsec. (h). Pub. L. 97–253, § 302(a)(3), added subsec.
(h).
1980—Subsec. (a). Pub. L. 96–499 provided that an employee was to be considered disabled only if the employee were found by the Office of Personnel Management to be unable to render useful and efficient service
in the employee’s position and was not qualified for reassignment to a vacant position in the agency at the
same grade or level and provided that an employee in
the Postal Service was to be considered not qualified
for such reassignment if such reassignment were to a
position in a different craft or were inconsistent with
the terms of the appropriate collective bargaining
agreement.
1978—Subsecs. (a) to (c). Pub. L. 95–454 substituted
‘‘Office of Personnel Management’’ and ‘‘Office’’ for
‘‘Civil Service Commission’’ and ‘‘Commission’’, respectively, wherever appearing.
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment 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 AMENDMENT
Amendment 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 1988 AMENDMENT
Section 124(c) of Pub. L. 100–238 provided that:
‘‘(1) IN GENERAL.—Except as provided in paragraph (2),
the amendments made by this section [enacting section
8464a of this title, amending this section, renumbering
section 8457 of this title as section 8456, and repealing
former section 8456 of this title] shall be effective as of
January 1, 1987, and shall apply with respect to benefits
payable based on a death or disability occurring on or
after that date.
‘‘(2) EXCEPTION.—The amendment made by subsection
(a)(1)(A) [amending this section] shall take effect on
the date of the enactment of this Act [Jan. 8, 1988] and
shall apply with respect to benefits payable based on a
death or disability occurring on or after that date.’’

[Sept. 8, 1982]. Any annuity resulting from such application shall commence as of the day after the date such
application is received by the Office.’’
EFFECTIVE DATE OF 1980 AMENDMENT
Amendment by Pub. L. 96–499 effective on 90th day
after Dec. 5, 1980, see section 403(c) of Pub. L. 96–499, set
out as a note under section 8331 of this title.
EFFECTIVE DATE OF 1978 AMENDMENT
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.

§ 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.)
HISTORICAL AND REVISION NOTES
1966 ACT

EFFECTIVE DATE OF 1982 AMENDMENT
Section 302(c) of Pub. L. 97–253, as amended by Pub.
L. 97–346, § 3(i), Oct. 15, 1982, 96 Stat. 1649, provided that:
‘‘(1) Except as provided in paragraphs (2) and (3), the
amendments made by subsections (a) and (b) [amending
this section and section 8347 of this title] shall take effective October 1, 1982.
‘‘(2) The amendments made by paragraphs (1) and (2)
of subsection (a) [amending this section] shall take effect with respect to income earned after December 31,
1982.
‘‘(3) Subsection (h) of section 8337 of title 5, United
States Code (as added by subsection (a)) shall apply to
any technician (as defined in paragraph (1) of such subsection (h)) who is separated from employment as a
technician on or after October 1, 1982. Such subsection
(h) shall also apply to any technician separated from
employment as a technician on or after December 31,
1979, and before October 1, 1982, if application therefor
is made to the Office of Personnel Management within
12 months after the date of the enactment of this Act

Page 816

Derivation
..................

Revised Statutes and
Statutes at Large

U.S. Code
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 ACT
This section amends 5 U.S.C. 8338(a) for consistency
within the subchapter and to reflect that it is the indi-

Page 817

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

vidual, rather than the position, that is subject to the
subchapter.
AMENDMENTS
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).
SAVINGS PROVISIONS DEFERRED ANNUITIES UNDER
LAWS REPEALED BY PUB. L. 90–83
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.’’

§ 8339. Computation of annuity
(a) Except as otherwise provided by this section, the annuity of an employee retiring under
this subchapter is—
(1) 11⁄2 percent of his average pay multiplied
by so much of his total service as does not exceed 5 years; plus
(2) 13⁄4 percent of his average pay multiplied
by so much of his total service as exceeds 5
years but does not exceed 10 years; plus
(3) 2 percent of his average pay multiplied by
so much of his total service as exceeds 10
years.
However, when it results in a larger annuity, 1
percent of his average pay plus $25 is substituted
for the percentage specified by paragraph (1), (2),
or (3) of this subsection, or any combination
thereof.
(b) The annuity of a Congressional employee,
or former Congressional employee, retiring
under this subchapter is computed under subsection (a) of this section, except, if he has had—
(1) at least 5 years’ service as a Congressional employee or Member or any combination thereof; and
(2) deductions withheld from his pay or has
made deposit covering his last 5 years of civilian service;
his annuity is computed with respect to his service as a Congressional employee, his military
service not exceeding 5 years, and any Member
service, by multiplying 21⁄2 percent of his average pay by the years of that service.
(c) The annuity of a Member, or former Member with title to Member annuity, retiring under
this subchapter is computed under subsection
(a) of this section, except, if he has had at least
5 years’ service as a Member or Congressional
employee or any combination thereof, his annuity is computed with respect to—
(1) his service as a Member and so much of
his military service as is creditable for the
purpose of this paragraph; and
(2) his Congressional employee service;
by multiplying 21⁄2 percent of his average pay by
the years of that service.
(d)(1) The annuity of an employee retiring
under section 8335(b) or 8336(c) of this title is—
(A) 21⁄2 percent of his average pay multiplied
by so much of his total service as does not exceed 20 years; plus
(B) 2 percent of his average pay multiplied
by so much of his total service as exceeds 20
years.

§ 8339

(2) The annuity of an employee retiring under
this subchapter who was employed by the Panama Canal Company or Canal Zone Government
on September 30, 1979, is computed with respect
to the period of continuous Panama Canal service from that date, disregarding any break in
service of not more than 3 days, by adding—
(A) 21⁄2 percent of the employee’s average
pay multiplied by so much of that service as
does not exceed 20 years; plus
(B) 2 percent of the employee’s average pay
multiplied by so much of that service as exceeds 20 years.
(3) The annuity of an employee retiring under
this subchapter who is employed by the Panama
Canal Commission at any time during the period
beginning October 1, 1990, and ending December
31, 1999, is computed, with respect to any period
of service with the Panama Canal Commission,
by adding—
(A) 21⁄2 percent of the employee’s average
pay multiplied by so much of that service as
does not exceed 20 years; plus
(B) 2 percent of the employee’s average pay
multiplied by so much of that service as exceeds 20 years.
(4)(A) In the case of an employee who has service as a law enforcement officer or firefighter to
which paragraph (2) of this subsection applies,
the annuity of that employee is increased by $8
for each full month of that service which is performed in the Republic of Panama.
(B) In the case of an employee retiring under
this subchapter who—
(i) was employed as a law enforcement officer or firefighter by the Panama Canal Company or Canal Zone Government at any time
during the period beginning March 31, 1979,
and ending September 30, 1979; and
(ii) does not meet the age and service requirements of section 8336(c) of this title;
the annuity of that employee is increased by $12
for each full month of that service which occurred before October 1, 1979.
(C) An annuity increase under this paragraph
does not apply with respect to service performed
after completion of 20 years of service (or any
combination of service) as a law enforcement officer or firefighter.
(5) For the purpose of this subsection—
(A) ‘‘Panama Canal service’’ means—
(i) service as an employee of the Panama
Canal Commission; or
(ii) service at a permanent duty station in
the Canal Zone or Republic of Panama as an
employee of an Executive agency conducting
operations in the Canal Zone or Republic of
Panama; and
(B) ‘‘Executive agency’’ includes the Smithsonian Institution.
(6) The annuity of an employee retiring under
section 8336(j) of this title is computed under
subsection (a) of this section, except that with
respect to service on or after December 21, 1972,
the employee’s annuity is—
(A) 21⁄2 percent of the employee’s average
pay multiplied by so much of the employee’s
service on or after that date as does not exceed 20 years; plus

§ 8339

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

(B) 2 percent of the employee’s average pay
multiplied by so much of the employee’s service on or after that date as exceeds 20 years.
(7) The annuity of an employee who is a judge
of the United States Court of Appeals for the
Armed Forces, or a former judge of such court,
retiring under this subchapter is computed
under subsection (a) of this section, except, with
respect to his service as a judge of such court,
his service as a Member, his congressional employee service, and his military service (not exceeding 5 years) creditable under section 8332 of
this title, his annuity is computed by multiplying 21⁄2 percent of his average pay by the years
of that service.
(e) The annuity of an employee retiring under
section 8336(e) of this title is computed under
subsection (a) of this section. That annuity may
not be less than 50 percent of the average pay of
the employee unless such employee has received,
pursuant to section 8342 of this title, payment of
the lump-sum credit attributable to deductions
under section 8334(a) of this title during any period of employment as an air traffic controller
and such employee has not deposited in the
Fund the amount received, with interest, pursuant to section 8334(d)(1) of this title.
(f) The annuity computed under subsections
(a) through (e), (n), (q), (r), and (s) may not exceed 80 percent of—
(1) the average pay of the employee; or
(2) the greatest of—
(A) the final basic pay of the Member;
(B) the average pay of the Member; or
(C) the final basic pay of the appointive
position of a former Member who elects to
have his annuity computed or recomputed
under section 8344(d)(1) of this title.
(g) The annuity of an employee or Member retiring under section 8337 of this title is at least
the smaller of—
(1) 40 percent of his average pay; or
(2) the sum obtained under subsections (a)
through (c), (n), (q), (r), or (s) after increasing
his service of the type last performed by the
period elapsing between the date of separation
and the date he becomes 60 years of age.
However, if an employee or Member retiring
under section 8337 of this title is receiving retired pay or retainer pay for military service
(except that specified in section 8332(c)(1) or (2)
of this title) or pension or compensation from
the Department of Veterans Affairs in lieu of
such retired or retainer pay, the annuity of that
employee or Member shall be computed under
subsection (a), (b), (c), (n), (q), (r), or (s), as appropriate, excluding credit for military service
from that computation. If the amount of the annuity so computed, plus the retired or retainer
pay which is received, or which would be received but for the pension or compensation from
the Department of Veterans Affairs in lieu of
such retired or retainer pay, is less than the
smaller of the annuity otherwise payable under
paragraph (1) or (2) of this subsection, an
amount equal to the difference shall be added to
the annuity payable under subsection (a), (b),
(c), (n), (q), (r), or (s), as appropriate.
(h) The annuity computed under subsections
(a), (b), (d)(5), and (f) of this section for an em-

Page 818

ployee retiring under section 8336(d), (h), (j), or
(o) of this title is reduced by 1⁄6 of 1 percent for
each full month the employee is under 55 years
of age at the date of separation. The annuity
computed under subsections (c) and (f) of this
section for a Member retiring under the second
or third sentence of section 8336(g) of this title
or the third sentence of section 8338(b) of this
title is reduced by 1⁄12 of 1 percent for each full
month not in excess of 60 months, and 1⁄6 of 1
percent for each full month in excess of 60
months, the Member is under 60 years of age at
the date of separation. The annuity computed
under subsections (a), (d)(6), and (f) of this section for a judge of the United States Court of
Appeals for the Armed Forces retiring under the
second sentence of section 8336(k) of this title or
the third sentence of section 8338(c) of this title
is reduced by 1⁄12 of 1 percent for each full month
not in excess of 60 months, and 1⁄6 of 1 percent
for each full month in excess of 60 months, the
judge is under 60 years of age at the date of separation.
(i) For the purposes of subsections (a)–(h), (n),
(q), (r), or (s), the total service of any employee
or Member shall not include any period of civilian service after July 31, 1920, for which retirement deductions or deposits have not been made
under section 8334(a) of this title unless—
(1) the employee or Member makes a deposit
for such period as provided in section 8334(c) or
(d)(1) of this title; or
(2) no deposit is required for such service, as
provided under section 8334(g) of this title or
under any statute.
(j)(1) The annuity computed under subsections
(a)–(i), (n), (q), (r), and (s) (or a portion of the annuity, if jointly designated for this purpose by
the employee or Member and the spouse of the
employee or Member under procedures prescribed by the Office of Personnel Management)
for an employee or Member who is married at
the time of retiring under this subchapter is reduced as provided in paragraph (4) of this subsection in order to provide a survivor annuity
for the spouse under section 8341(b) of this title,
unless the employee or Member and the spouse
jointly waive the spouse’s right to a survivor annuity in a written election filed with the Office
at the time that the employee or Member retires. Each such election shall be made in accordance with such requirements as the Office
shall, by regulation, prescribe, and shall be irrevocable. The Office shall provide, by regulation, that an employee or Member may waive
the survivor annuity without the spouse’s consent if the employee or Member establishes to
the satisfaction of the Office—
(A) that the spouse’s whereabouts cannot be
determined, or
(B) that, due to exceptional circumstances,
requiring the employee or Member to seek the
spouse’s consent would otherwise be inappropriate.
(2) If an employee or Member has a former
spouse who is entitled to a survivor annuity as
provided in section 8341(h) of this title, the annuity of the employee or Member computed
under subsections (a)–(i), (n), (q), (r), and (s) (or
any designated portion of the annuity, in the

Page 819

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

event that the former spouse is entitled to less
than 55 percent of the employee or Member’s annuity) is reduced as provided in paragraph (4) of
this subsection.
(3) An employee or Member who has a former
spouse may elect, under procedures prescribed
by the Office, to have the annuity computed
under subsections (a)–(i), (n), (q), (r), and (s) or
a portion thereof reduced as provided in paragraph (4) of this subsection in order to provide a
survivor annuity for such former spouse under
section 8341(h) of this title, unless all rights to
survivor benefits for such former spouse under
this subchapter based on marriage to such employee or Member were waived under paragraph
(1) of this subsection. An election under this
paragraph shall be made at the time of retirement or, if later, within 2 years after the date on
which the marriage of the former spouse to the
employee or Member is dissolved, subject to a
deposit in the Fund by the retired employee or
Member of an amount determined by the Office,
as nearly as may be administratively feasible, to
reflect the amount by which the annuity of such
employee or Member would have been reduced if
the election had been continuously in effect
since the date the annuity commenced, plus interest. For the purposes of the preceding sentence, the annual rate of interest for each year
during which the annuity would have been reduced if the election had been in effect since the
date the annuity commenced shall be 6 percent.
The Office shall, by regulation, provide for payment of the deposit required under this paragraph by a reduction in the annuity of the employee or Member. The reduction shall, to the
extent practicable, be designed so that the
present value of the future reduction is actuarially equivalent to the deposit required under
this paragraph, except that the total reductions
in the annuity of an employee or Member to pay
deposits required by the provisions of this paragraph, paragraph (5), or subsection (k)(2) shall
not exceed 25 percent of the annuity computed
under subsections (a) through (i), (n), (q), and
(r), including adjustments under section 8340.
The reduction, which shall be effective on the
same date as the election under this paragraph,
shall be permanent and unaffected by any future
termination of the entitlement of the former
spouse. Such reduction shall be independent of
and in addition to the reduction required under
the first sentence of this paragraph. An election
under this paragraph—
(A) shall not be effective to the extent that
it—
(i) conflicts with—
(I) any court order or decree referred to
in subsection (h)(1) of section 8341 of this
title, which was issued before the date of
such election; or
(II) any agreement referred to in such
subsection which was entered into before
such date; or
(ii) would cause the total of survivor annuities payable under subsections (b), (d), (f),
and (h) of section 8341 of this title based on
the service of the employee or Member to exceed 55 percent of the annuity to which the
employee or Member is entitled under subsections (a)–(i), (n), (q), (r), and (s); and

§ 8339

(B) shall not be effective, in the case of an
employee or Member who is then married, unless it is made with the spouse’s written consent.
The Office shall provide by regulation that subparagraph (B) of this paragraph may be waived
for either of the reasons set forth in the last sentence of paragraph (1) of this subsection. In the
case of a retired employee or Member whose annuity is being reduced in order to provide a survivor annuity for a former spouse, an election to
provide or increase a survivor annuity for any
other former spouse (and to continue an appropriate reduction) may be made within the same
period that, and subject to the same conditions
under which, an election could be made under
paragraph (5)(B) of this subsection for a current
spouse (subject to the provisions of this paragraph relating to consent of a current spouse, if
the retired employee or Member is then married). The opportunity to make an election
under the preceding sentence is in addition to
any opportunity otherwise afforded under this
paragraph.
(4) In order to provide a survivor annuity or
combination of survivor annuities under subsections (b), (d), (f), and (h) of section 8341 of this
title, the annuity of an employee or Member (or
any designated portion or portions thereof) is
reduced by 21⁄2 percent of the first $3,600 thereof
plus 10 percent of so much thereof as exceeds
$3,600.
(5)(A) Any reduction in an annuity for the purpose of providing a survivor annuity for the current spouse of a retired employee or Member
shall be terminated for each full month—
(i) after the death of the spouse, or
(ii) after the dissolution of the spouse’s marriage to the employee or Member, except that
an appropriate reduction shall be made thereafter if the spouse is entitled, as a former
spouse, to a survivor annuity under section
8341(h) of this title.
(B) Any reduction in an annuity for the purpose of providing a survivor annuity for a
former spouse of a retired employee or Member
shall be terminated for each full month after the
former spouse remarries before reaching age 55
or dies. This reduction shall be replaced by an
appropriate reduction or reductions under paragraph (4) of this subsection if the retired employee or Member has (i) another former spouse
who is entitled to a survivor annuity under section 8341(h) of this title, (ii) a current spouse to
whom the employee or Member was married at
the time of retirement and with respect to
whom a survivor annuity was not jointly waived
under paragraph (1) of this subsection, or (iii) a
current spouse whom the employee or Member
married after retirement and with respect to
whom an election has been made under subparagraph (C) of this paragraph or subsection (k)(2)
of this section.
(C)(i) Upon remarriage, a retired employee or
Member who was married at the time of retirement (including an employee or Member whose
annuity was not reduced to provide a survivor
annuity for the employee or Member’s spouse or
former spouse as of the time of retirement) may
irrevocably elect during such marriage, in a

§ 8339

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

signed writing received by the Office within 2
years after such remarriage or, if later, within 2
years after the death or remarriage of any
former spouse of such employee or Member who
was entitled to a survivor annuity under section
8341(h) of this title (or of the last such surviving
former spouse, if there was more than one), a reduction in the employee or Member’s annuity
under paragraph (4) of this subsection for the
purpose of providing an annuity for such employee or Member’s spouse in the event such
spouse survives the employee or Member.
(ii) Such election and reduction shall be effective the first day of the second month after the
election is received by the Office, but not less
than 9 months after the date of the remarriage,
and the retired employee or Member shall deposit in the Fund an amount determined by the
Office of Personnel Management, as nearly as
may be administratively feasible, to reflect the
amount by which the annuity of such retired
employee or Member would have been reduced if
the election had been in effect since the date of
retirement or, if later, the date the previous reduction in such retired employee or Member’s
annuity was terminated under subparagraph (A)
or (B) of this paragraph, plus interest. For the
purposes of the preceding sentence, the annual
rate of interest for each year during which an
annuity would have been reduced if the election
had been in effect on and after the applicable
date referred to in such sentence shall be 6 percent.
(iii) The Office shall, by regulation, provide for
payment of the deposit required under clause (ii)
by a reduction in the annuity of the employee or
Member. The reduction shall, to the extent practicable, be designed so that the present value of
the future reduction is actuarially equivalent to
the deposit required under clause (ii), except
that total reductions in the annuity of an employee or Member to pay deposits required by
the provisions of this paragraph or paragraph (3)
shall not exceed 25 percent of the annuity computed under subsections (a) through (i), (n), (q),
and (r), including adjustments under section
8340. The reduction required by this clause,
which shall be effective on the same date as the
election under clause (i), shall be permanent and
unaffected by any future termination of the
marriage. Such reduction shall be independent
of and in addition to the reduction required
under clause (i).
(iv) Notwithstanding any other provision of
this subparagraph, an election under this subparagraph may not be made for the purpose of
providing an annuity in the case of a spouse by
remarriage if such spouse was married to the
employee or Member at the time of such employee or Member’s retirement, and all rights to
survivor benefits for such spouse under this subchapter based on marriage to such employee or
Member were then waived under paragraph (1) of
this subsection or a similar prior provision of
law.
(v) An election to provide a survivor annuity
to a person under this subparagraph—
(I) shall prospectively void any election
made by the employee or Member under subsection (k)(1) of this section with respect to
such person; or

Page 820

(II) shall, if an election was made by the employee or Member under such subsection (k)(1)
with respect to a different person, prospectively void such election if appropriate written application is made by such employee or
Member at the time of making the election
under this subparagraph.
(vi) The deposit provisions of clauses (ii) and
(iii) of this subparagraph shall not apply if—
(I) the employee or Member makes an election under this subparagraph after having
made an election under subsection (k)(1) of
this section; and
(II) the election under such subsection (k)(1)
becomes void under clause (v) of this subparagraph.
(k)(1) At the time of retiring under section
8336 or 8338 of this title, an employee or Member
who is found to be in good health by the Office
may elect a reduced annuity instead of an annuity computed under subsections (a)–(i), (n), (q),
(r), and (s) and name in writing an individual
having an insurable interest in the employee or
Member to receive an annuity under section
8341(c) of this title after the death of the retired
employee or Member. The 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 named is younger
than the retiring employee or Member. However,
the total reduction may not exceed 40 percent.
An annuity which is reduced under this paragraph or any similar prior provision of law shall,
effective the first day of the month following
the death of the individual named under this
paragraph, be recomputed and paid as if the annuity had not been so reduced. In the case of a
married employee or Member, an election under
this paragraph on behalf of the spouse may be
made only if any right of such spouse to a survivor annuity based on the service of such employee or Member is waived in accordance with
subsection (j)(1) of this section.
(2)(A) An employee or Member, who is unmarried at the time of retiring under a provision of
law which permits election of a reduced annuity
with a survivor annuity payable to such employee or Member’s spouse and who later marries, may irrevocably elect, in a signed writing
received in the Office within 2 years after such
employee or Member marries or, if later, within
2 years after the death or remarriage of any
former spouse of such employee or Member who
was entitled to a survivor annuity under section
8341(h) of this title (or of the last such surviving
former spouse, if there was more than one), a reduction in the retired employee or Member’s
current annuity as provided in subsection (j) of
this section.
(B)(i) The election and reduction shall take effect on the first day of the first month beginning
after the expiration of the 9-month period beginning on the date of marriage. Any such election
to provide a survivor annuity for a person—
(I) shall prospectively void any election
made by the employee or Member under paragraph (1) of this subsection with respect to
such person; or
(II) shall, if an election was made by the employee or Member under such paragraph with

Page 821

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

respect to a different person, prospectively
void such election if appropriate written application is made by such employee or Member at
the time of making the election under this
paragraph.
(ii) The retired employee or Member shall deposit in the Fund an amount determined by the
Office of Personnel Management, as nearly as
may be administratively feasible, to reflect the
amount by which the retired employee or Member’s annuity would have been reduced under
subsection (j)(4) of this section since the commencing date of the annuity, if the employee or
Member had been married at the time of retirement and had elected to provide a survivor annuity at that time, plus interest. For the purposes of the preceding sentence, the annual rate
of interest for each year during which the annuity would have been reduced if the election had
been in effect since the date of the annuity commenced shall be 6 percent.
(C) The Office shall, by regulation, provide for
payment of the deposit required under subparagraph (B)(ii) by a reduction in the annuity of the
employee or Member. The reduction shall, to the
extent practicable, be designed so that the
present value of the future reduction is actuarially equivalent to the deposit required under
subparagraph (B)(ii), except that total reductions in the annuity of an employee or Member
to pay deposits required by this subsection or
subsection (j)(3) shall not exceed 25 percent of
the annuity computed under subsections (a)
through (i), (n), (q), and (r), including adjustments under section 8340. The reduction required by this subparagraph, which shall be effective on the same date as the election under
subparagraph (A), shall be permanent and unaffected by any future termination of the marriage. Such reduction shall be independent of
and in addition to the reduction required under
subparagraph (A).
(D) Subparagraphs (B)(ii) and (C) of this paragraph shall not apply if—
(i) the employee or Member makes an election under this paragraph after having made
an election under paragraph (1) of this subsection; and
(ii) the election under such paragraph (1) becomes void under subparagraph (B)(i) of this
paragraph.
(l) The annuity computed under subsections
(a)–(k), (n), (q), (r), and (s) for an employee who
is a citizen of the United States is increased by
$36 for each year of service in the employ of—
(1) the Alaska Engineering Commission, or
The Alaska Railroad, in Alaska between
March 12, 1914, and July 1, 1923; or
(2) the Isthmian Canal Commission, or the
Panama Railroad Company, on the Isthmus of
Panama between May 4, 1904, and April 1, 1914.
(m) In computing any annuity under subsections (a) through (e), (n), (q), (r), and (s), the
total service of an employee who retires on an
immediate annuity or dies leaving a survivor or
survivors entitled to annuity includes, without
regard to the limitations imposed by subsection
(f) of this section, the days of unused sick leave
to his credit under a formal leave system, except
that these days will not be counted in determin-

§ 8339

ing average pay or annuity eligibility under this
subchapter. For the purpose of this subsection,
in the case of any such employee who is excepted from subchapter I of chapter 63 of this
title under section 6301(2)(x)–(xiii) of this title,
the days of unused sick leave to his credit include any unused sick leave standing to his
credit when he was excepted from such subchapter.
(n) The annuity of an employee who is a Court
of Federal Claims judge, bankruptcy judge, or
United States magistrate judge is computed,
with respect to service as a Court of Federal
Claims judge, as a commissioner of the Court of
Claims, as a referee in bankruptcy, as a bankruptcy judge, as a United States magistrate
judge, and as a United States commissioner, and
with respect to the military service of any such
individual (not exceeding 5 years) creditable
under section 8332 of this title, by multiplying
21⁄2 percent of the individual’s average pay by
the years of that service.
(o)(1)(A) An employee or Member—
(i) who, at the time of retirement, is married, and
(ii) who notifies the Office at such time (in
accordance with subsection (j)) that a survivor
annuity under section 8341(b) of this title is
not desired,
may, during the 18-month period beginning on
the date of the retirement of such employee or
Member, elect to have a reduction under subsection (j) made in the annuity of the employee
or Member (or in such portion thereof as the employee or Member may designate) in order to
provide a survivor annuity for the spouse of such
employee or Member.
(B) An employee or Member—
(i) who, at the time of retirement, is married, and
(ii) who at such time designates (in accordance with subsection (j)) that a limited portion of the annuity of such employee or Member is to be used as the base for a survivor annuity under section 8341(b) of this title,
may, during the 18-month period beginning on
the date of the retirement of such employee or
Member, elect to have a greater portion of the
annuity of such employee or Member so used.
(2)(A) An election under subparagraph (A) or
(B) of paragraph (1) of this subsection shall not
be considered effective unless the amount specified in subparagraph (B) of this paragraph is deposited into the Fund before the expiration of
the applicable 18-month period under paragraph
(1).
(B) The amount to be deposited with respect
to an election under this subsection is an
amount equal to the sum of—
(i) the additional cost to the System which
is associated with providing a survivor annuity under subsection (b)(2) of this section and
results from such election taking into account
(I) the difference (for the period between the
date on which the annuity of the participant
or former participant commences and the date
of the election) between the amount paid to
such participant or former participant under
this subchapter and the amount which would
have been paid if such election had been made

§ 8339

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

at the time the participant or former participant applied for the annuity, and (II) the costs
associated with providing for the later election; and
(ii) interest on the additional cost determined under clause (i) of this subparagraph
computed using the interest rate specified or
determined under section 8334(e) of this title
for the calendar year in which the amount to
be deposited is determined.
(3) An election by an employee or Member
under this subsection voids prospectively any
election previously made in the case of such employee or Member under subsection (j).
(4) An annuity which is reduced in connection
with an election under this subsection shall be
reduced by the same percentage reductions as
were in effect at the time of the retirement of
the employee or Member whose annuity is so reduced.
(5) Rights and obligations resulting from the
election of a reduced annuity under this subsection shall be the same as the rights and obligations which would have resulted had the employee or Member involved elected such annuity
at the time of retiring.
(6) The Office shall, on an annual basis, inform
each employee or Member who is eligible to
make an election under this subsection of the
right to make such election and the procedures
and deadlines applicable to such election.
(p)(1) In computing an annuity under this subchapter for an employee whose service includes
service that was performed on a part-time
basis—
(A) the average pay of the employee, to the
extent that it includes pay for service performed in any position on a part-time basis,
shall be determined by using the annual rate
of basic pay that would be payable for fulltime service in the position; and
(B) the benefit so computed shall then be
multiplied by a fraction equal to the ratio
which the employee’s actual service, as determined by prorating an employee’s total service to reflect the service that was performed
on a part-time basis, bears to the total service
that would be creditable for the employee if
all of the service had been performed on a fulltime basis.
(2) For the purpose of this subsection, employment on a part-time basis shall not be considered to include employment on a temporary or
intermittent basis.
(3) In the administration of paragraph (1)—
(A) subparagraph (A) of such paragraph shall
apply with respect to service performed before,
on, or after April 7, 1986; and
(B) subparagraph (B) of such paragraph—
(i) shall apply with respect to that portion
of any annuity which is attributable to service performed on or after April 7, 1986; and
(ii) shall not apply with respect to that
portion of any annuity which is attributable
to service performed before April 7, 1986.
(q) The annuity of a member of the Capitol Police, or former member of the Capitol Police, retiring under this subchapter is computed in accordance with subsection (b), except that, in the
case of a member who retires under section

Page 822

8335(c) or 8336(m), and who meets the requirements of subsection (b)(2), the annuity of such
member is—
(1) 21⁄2 percent of the member’s average pay
multiplied by so much of such member’s total
service as does not exceed 20 years; plus
(2) 2 percent of the member’s average pay
multiplied by so much of such member’s total
service as exceeds 20 years.
(r) The annuity of a member of the Supreme
Court Police, or former member of the Supreme
Court Police, retiring under this subchapter is
computed in accordance with subsection (d).
(s) 1 The annuity of a Member who has served
in a position in the executive branch for which
the rate of basic pay was reduced for the duration of the service of the Member in that position to remove the impediment to the appointment of the Member imposed by article I, section 6, clause 2 of the Constitution, shall, subject to a deposit in the Fund as provided under
section 8334(m), be computed as though the rate
of basic pay which would otherwise have been in
effect during that period of service had been in
effect.
(s)(1) 1 For purposes of this subsection, the
term ‘‘physicians comparability allowance’’ refers to an amount described in section 8331(3)(H).
(2) Except as otherwise provided in this subsection, no part of a physicians comparability
allowance shall be treated as basic pay for purposes of any computation under this section unless, before the date of the separation on which
entitlement to annuity is based, the separating
individual has completed at least 15 years of
service as a Government physician (whether performed before, on, or after the date of the enactment of this subsection).
(3) If the condition under paragraph (2) is met,
then, any amounts received by the individual in
the form of a physicians comparability allowance shall (for the purposes referred to in paragraph (2)) be treated as basic pay, but only to
the extent that such amounts are attributable
to service performed on or after the date of the
enactment of this subsection, and only to the
extent of the percentage allowable, which shall
be determined as follows:
If the total amount of service
performed, on or after the date of Then, the percentthe enactment of this subsection,
age allowable is:
as a Government physician is:
Less than 2 years ....................................
0
At least 2 but less than 4 years ...............
25
At least 4 but less than 6 years ...............
50
At least 6 but less than 8 years ...............
75
At least 8 years .......................................
100.

(4) Notwithstanding any other provision of
this subsection, 100 percent of all amounts received as a physicians comparability allowance
shall, to the extent attributable to service performed on or after the date of the enactment of
this subsection, be treated as basic pay (without
regard to any of the preceding provisions of this
subsection) for purposes of computing—
(A) an annuity under subsection (g); and
(B) a survivor annuity under section 8341, if
based on the service of an individual who dies
before separating from service.
1 So

in original. Two subsecs. (s) have been enacted.

Page 823

(u) 2 The annuity of an employee retiring
under this subchapter with service credited
under section 8332(b)(17) shall be reduced by the
amount necessary to ensure that the present
value of the annuity payable to the employee is
actuarially equivalent to the present value of
the annuity that would be payable to the employee under this subchapter if it were computed—
(1) on the basis of service that does not include service credited under section 8332(b)(17);
and
(2) assuming the employee separated from
service on the actual date of the separation of
the employee.
The amount of the reduction shall be computed
under regulations prescribed by the Office of
Personnel Management for the administration
of this subsection.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 574; Pub. L.
90–83, § 1(78), Sept. 11, 1967, 81 Stat. 214; Pub. L.
90–206, title II, § 224(b), Dec. 16, 1967, 81 Stat. 642;
Pub. L. 90–486, § 5(c), Aug. 13, 1968, 82 Stat. 757;
Pub. L. 91–93, title II, § 203, Oct. 20, 1969, 83 Stat.
139; Pub. L. 91–658, § 2, Jan. 8, 1971, 84 Stat. 1961;
Pub. L. 92–297, §§ 6, 7(3), May 16, 1972, 86 Stat. 144;
Pub. L. 93–260, § 2(a), Apr. 9, 1974, 88 Stat. 76; Pub.
L. 93–350, § 6, July 12, 1974, 88 Stat. 356; Pub. L.
93–474, § 1, Oct. 26, 1974, 88 Stat. 1438; Pub. L.
94–126, § 1(b), Nov. 12, 1975, 89 Stat. 679; Pub. L.
94–397, § 1(d), Sept. 3, 1976, 90 Stat. 1203; Pub. L.
95–256, § 5(d), Apr. 6, 1978, 92 Stat. 191; Pub. L.
95–317, §§ 1(a), (c), 2, July 10, 1978, 92 Stat. 382;
Pub. L. 95–454, title IV, § 412(b), title IX,
§ 906(a)(2), (3), Oct. 13, 1978, 92 Stat. 1175, 1224;
Pub. L. 95–519, § 3, Oct. 25, 1978, 92 Stat. 1819; Pub.
L. 95–598, title III, § 338(a), Nov. 6, 1978, 92 Stat.
2681; Pub. L. 96–54, § 2(a)(49), Aug. 14, 1979, 93
Stat. 384; Pub. L. 96–70, title I, § 1242(a), Sept. 27,
1979, 93 Stat. 472; Pub. L. 96–135, § 1(b), (c), Dec.
5, 1979, 93 Stat. 1057; Pub. L. 96–391, § 1, Oct. 7,
1980, 94 Stat. 1557; Pub. L. 96–499, title IV,
§ 404(a), Dec. 5, 1980, 94 Stat. 2606; Pub. L. 97–253,
title III, § 303(b), Sept. 8, 1982, 96 Stat. 794; Pub.
L. 97–276, § 151(f), Oct. 2, 1982, 96 Stat. 1202; Pub.
L. 98–94, title XII, § 1256(e), Sept. 24, 1983, 97 Stat.
702; Pub. L. 98–249, § 3(a), Mar. 31, 1984, 98 Stat.
117; Pub. L. 98–271, § 3(a), Apr. 30, 1984, 98 Stat.
163; Pub. L. 98–299, § 3(a), May 25, 1984, 98 Stat.
214; Pub. L. 98–325, § 3(a), June 20, 1984, 98 Stat.
268; Pub. L. 98–353, title I, §§ 112, 116(d), 121(f),
July 10, 1984, 98 Stat. 343, 344, 346; Pub. L. 98–531,
§ 2(c), Oct. 19, 1984, 98 Stat. 2704; Pub. L. 98–615,
§ 2(3), Nov. 8, 1984, 98 Stat. 3195; Pub. L. 99–251,
title II, § 203(a)–(c), title III, § 307(a), Feb. 27, 1986,
100 Stat. 23, 24, 28; Pub. L. 99–272, title XV,
§ 15204(a)(1), Apr. 7, 1986, 100 Stat. 334; Pub. L.
100–53, § 2(d), June 18, 1987, 101 Stat. 368; Pub. L.
101–194, title V, § 506(b)(8), Nov. 30, 1989, 103 Stat.
1759; Pub. L. 101–428, § 2(c)(1), (d)(2)–(6), Oct. 15,
1990, 104 Stat. 928, 929; Pub. L. 101–508, title VII,
§ 7001(b)(2)(B), (C), Nov. 5, 1990, 104 Stat. 1388–329;
Pub. L. 101–510, div. C, title XXXV, § 3506(b), Nov.
5, 1990, 104 Stat. 1847; Pub. L. 101–650, title III,
§§ 306(c)(4), 321, Dec. 1, 1990, 104 Stat. 5110, 5117;
Pub. L. 102–54, § 13(b)(4), June 13, 1991, 105 Stat.
274; Pub. L. 102–198, § 7(b), Dec. 9, 1991, 105 Stat.
1624; Pub. L. 102–378, § 2(62), Oct. 2, 1992, 106 Stat.
2 So

§ 8339

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

in original. No subsec. (t) has been enacted.

1354; Pub. L. 102–572, title IX, § 902(b)(2), Oct. 29,
1992, 106 Stat. 4516; Pub. L. 103–66, title XI,
§ 11004(a)(1), (2), Aug. 10, 1993, 107 Stat. 410, 411;
Pub. L. 103–337, div. A, title IX, § 924(d)(1)(A),
Oct. 5, 1994, 108 Stat. 2832; Pub. L. 104–106, div. A,
title XV, § 1505(b)(3), Feb. 10, 1996, 110 Stat. 514;
Pub. L. 105–61, title V, § 516(a)(3), Oct. 10, 1997, 111
Stat. 1306; Pub. L. 105–261, div. A, title XI,
§ 1109(c)(1), 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 X,
§ 1087(f)(4), title XI, § 1152(c)(1)], Oct. 30, 2000, 114
Stat. 1654, 1654A–293, 1654A–322; Pub. L. 106–553,
§ 1(a)(2) [title III, § 308(b)(4), (h)(2)–(6)], Dec. 21,
2000, 114 Stat. 2762, 2762A–87 to 2762A–89; Pub. L.
106–554, § 1(a)(4) [div. B, title I, § 141(b)], Dec. 21,
2000, 114 Stat. 2763, 2763A–235; Pub. L. 106–571,
§ 3(b)(1), Dec. 28, 2000, 114 Stat. 3055; Pub. L.
107–107, div. A, title XI, § 1132(a)(3), Dec. 28, 2001,
115 Stat. 1243; Pub. L. 107–296, title XIII,
§ 1321(a)(4)(B), Nov. 25, 2002, 116 Stat. 2297; Pub.
L. 111–84, div. A, title XIX, § 1903(a), Oct. 28, 2009,
123 Stat. 2616.)
HISTORICAL AND REVISION NOTES
1966 ACT
Derivation
..................

Revised Statutes and
Statutes at Large

U.S. Code
5 U.S.C. 2259.

July 31, 1956, ch. 804, § 401
‘‘Sec. 9’’, 70 Stat. 752.
July 7, 1960, Pub. L. 86–604,
§ 1(d), (e), 74 Stat. 358.
July 12, 1960, Pub. L. 86–622,
§ 2(b), 74 Stat. 410.
Oct. 4, 1961, Pub. L. 87–350,
§ 6, 75 Stat. 772.
Oct. 11, 1962, Pub. L. 87–793,
§ 1103(a), 76 Stat. 870.

The section is reorganized to eliminate repetition.
In subsection (f)(2), the words ‘‘service of the type
last performed’’ are substituted for ‘‘total service’’ in
former section 2259(a), ‘‘service as a Congressional employee’’ in former section 2259(b), and ‘‘Member service’’ in former section 2259(c).
In subsection (i), the words ‘‘by the employee or
Member at the time of retirement’’ are added on authority of former section 2260(a)(1), which is carried
into section 8341(b).
In subsection (j), the words ‘‘an annuity computed as
provided in section 2259 of this title’’ and ‘‘an annuity
so computed’’ are omitted as unnecessary as former
sections 2256 and 2258, which are carried into this title
as sections 8336 and 8338, respectively, expressly require
that the annuities authorized thereby must be computed under former section 2259, which is carried into
this section.
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 5
8339(g) .......

Source (U.S. Code)
5 App.: 2259(d).

Source (Statutes at Large)
July 18, 1966, Pub. L. 89–504,
§ 505, 80 Stat. 301.

REFERENCES IN TEXT
The date of the enactment of this subsection, referred
to in subsec. (s), is the date of enactment of Pub. L.
106–571, which was approved Dec. 28, 2000.
AMENDMENTS
2009—Subsec. (p)(3). Pub. L. 111–84 added par. (3).
2002—Subsec. (h). Pub. L. 107–296 struck out before period at end of first sentence ‘‘, except that such reduc-

§ 8339

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

tion shall not apply in the case of an employee retiring
under section 8336(h) for failure to be recertified as a
senior executive’’.
2001—Subsec. (u). Pub. L. 107–107 added subsec. (u).
2000—Subsec. (f). Pub. L. 106–553, § 1(a)(2) [title III,
§ 308(h)(2)], substituted ‘‘subsections (a) through (e), (n),
(q), (r), and (s)’’ for ‘‘subsections (a)–(e), (n), (q), and
(r)’’ in introductory provisions.
Subsec. (g). Pub. L. 106–553, § 1(a)(2) [title III,
§ 308(h)(3)(B)], substituted ‘‘(q), (r), or (s)’’ for ‘‘(q), or
(r)’’ in two places in concluding provisions.
Pub. L. 106–398, § 1 [[div. A], title X, § 1087(f)(4)], struck
out ‘‘the application of the limitation in section 5532 of
this title, or’’ after ‘‘received but for’’ in concluding
provisions.
Subsec. (g)(2). Pub. L. 106–553, § 1(a)(2) [title III,
§ 308(h)(3)(A)], substituted ‘‘subsections (a) through (c),
(n), (q), (r), or (s)’’ for ‘‘subsections (a)–(c), (n), (q), or
(r)’’.
Subsec. (h). Pub. L. 106–398, § 1 [[div. A], title XI,
§ 1152(c)(1)], substituted ‘‘(j), or (o)’’ for ‘‘or (j)’’ in first
sentence.
Subsec. (i). Pub. L. 106–553, § 1(a)(2) [title III,
§ 308(h)(4)], substituted ‘‘(a)–(h), (n), (q), (r), or (s)’’ for
‘‘(a)–(h), (n), (q), and (r)’’ in introductory provisions.
Subsecs. (j), (k)(1). Pub. L. 106–553, § 1(a)(2) [title III,
§ 308(h)(5)], substituted ‘‘(a)–(i), (n), (q), (r), and (s)’’ for
‘‘(a)–(i), (n), (q), and (r)’’ wherever appearing.
Subsec. (l). Pub. L. 106–553, § 1(a)(2) [title III,
§ 308(h)(6)], substituted ‘‘(a)–(k), (n), (q), (r), and (s)’’ for
‘‘(a)–(k), (n), (q), and (r)’’ in introductory provisions.
Subsec. (m). Pub. L. 106–553, § 1(a)(2) [title III,
§ 308(h)(2)], substituted ‘‘subsections (a) through (e), (n),
(q), (r), and (s)’’ for ‘‘subsections (a)–(e), (n), (q), and
(r)’’.
Subsec. (q). Pub. L. 106–554 substituted ‘‘8335(c)’’ for
‘‘8335(d)’’.
Subsec. (r). Pub. L. 106–553, § 1(a)(2) [title III,
§ 308(b)(4)], added subsec. (r). Former subsec. (r), relating to the annuity of a Member who has served in a position in the executive branch, redesignated (s).
Subsec. (s). Pub. L. 106–571 added subsec. (s), relating
to physicians comparability allowance.
Pub. L. 106–553, § 1(a)(2) [title III, § 308(b)(4)], redesignated subsec. (r), relating to computation of annuity of
a Member who has served in a position in the executive
branch, as (s).
1999—Subsec. (h). Pub. L. 106–58 repealed Pub. L.
105–261, § 1109(c)(1). See 1998 Amendment note below.
1998—Subsec. (h). Pub. L. 105–261, § 1109(c)(1), which directed substitution of ‘‘(j), or (o)’’ for ‘‘or (j)’’ in the
first sentence, was repealed by Pub. L. 106–58.
1997—Subsec. (f). Pub. L. 105–61, § 516(a)(3)(A), substituted ‘‘(q), and (r)’’ for ‘‘and (q) of this section’’.
Subsec. (g). Pub. L. 105–61, § 516(a)(3)(B), substituted
‘‘(q), or (r)’’ for ‘‘or (q) of this section’’ in par. (2) and
in two places in concluding provisions.
Subsecs. (i) to (m). Pub. L. 105–61, § 516(a)(3)(A), substituted ‘‘(q), and (r)’’ for ‘‘and (q)’’ and ‘‘and (q) of this
section’’ wherever appearing.
Subsec. (r). Pub. L. 105–61, § 516(a)(3)(C), added subsec.
(r).
1996—Subsec. (d)(7). Pub. L. 104–106 substituted
‘‘Court of Appeals for the Armed Forces’’ for ‘‘Court of
Military Appeals’’.
1994—Subsec. (d)(6). Pub. L. 103–337, which directed
amendment of par. (6) by substituting ‘‘Court of Appeals for the Armed Forces’’ for ‘‘Court of Military Appeals’’, could not be executed because the words ‘‘Court
of Military Appeals’’ did not appear in par. (6).
Subsec. (h). Pub. L. 103–337 substituted ‘‘Court of Appeals for the Armed Forces’’ for ‘‘Court of Military Appeals’’.
1993—Subsec. (j)(3). Pub. L. 103–66, § 11004(a)(1)(A)(i),
struck out ‘‘, within such 2-year period,’’ after ‘‘retired
employee or Member’’ in second sentence.
Pub. L. 103–66, § 11004(a)(1)(A)(ii), substituted fourth
through seventh sentences for former fourth sentence
which read as follows: ‘‘If the employee or Member does
not make such a deposit, the Office shall collect the

Page 824

amount of the deposit by offset against the employee or
Member’s annuity, up to a maximum of 25 percent of
the net annuity otherwise payable to the employee or
Member, and the employee or Member is deemed to
consent to such offset.’’
Subsec. (j)(5)(C)(ii). Pub. L. 103–66, § 11004(a)(1)(B)(i),
struck out ‘‘, within 2 years after the date of the remarriage or, if later, the death or remarriage of the
former spouse (or of the last such surviving former
spouse),’’ after ‘‘employee or Member shall’’.
Subsec. (j)(5)(C)(iii). Pub. L. 103–66, § 11004(a)(1)(B)(ii),
amended cl. (iii) generally. Prior to amendment, cl.
(iii) read as follows: ‘‘If the employee or Member does
not make such deposit, the Office shall collect such
amount by offset against the employee or Member’s annuity, up to a maximum of 25 percent of the net annuity otherwise payable to the employee or Member, and
the employee or Member is deemed to consent to such
offset.’’
Subsec. (k)(2)(B)(ii). Pub. L. 103–66, § 11004(a)(2)(A),
which directed amendment of cl. (ii) by substituting in
first sentence ‘‘The retired employee’’ for ‘‘Within 2
years after the date of the marriage, the retired employee’’, was executed by making the substitution for
‘‘Within 2 years after the date of marriage, the retired
employee’’ to reflect the probable intent of Congress.
Subsec. (k)(2)(C). Pub. L. 103–66, § 11004(a)(2)(B),
amended subpar. (C) generally. Prior to amendment,
subpar. (C) read as follows: ‘‘If the employee or Member
does not make such deposit, the Office shall collect
such amount by offset against the employee or Member’s annuity, up to a maximum of 25 percent of the net
annuity otherwise payable to the employee or Member,
and the employee or Member is deemed to consent to
such offset.’’
1992—Subsec. (n). Pub. L. 102–572 substituted ‘‘Court
of Federal Claims’’ for ‘‘Claims Court’’ in two places.
Subsecs. (o), (p). Pub. L. 102–378, § 2(62), redesignated
subsec. (o), relating to employee whose service includes
service performed on part-time basis, as (p).
1991—Subsec. (g). Pub. L. 102–54 substituted ‘‘pension
or compensation from the Department of Veterans Affairs’’ for ‘‘Veterans’ Administration pension or compensation’’ in second and third sentences.
Subsec. (n). Pub. L. 102–198 inserted a comma after
‘‘United States commissioner’’.
1990—Subsec. (d)(3) to (7). Pub. L. 101–510 added par.
(3) and redesignated former pars. (3) to (6) as (4) to (7),
respectively.
Subsec. (e). Pub. L. 101–508, § 7001(b)(2)(C), substituted
‘‘8334(d)(1)’’ for ‘‘8334(d)’’.
Subsec. (f). Pub. L. 101–428, § 2(d)(2), substituted
‘‘(a)–(e), (n), and (q)’’ for ‘‘(a)–(e) and (n)’’.
Subsec. (g). Pub. L. 101–428, § 2(d)(3)(B), substituted
‘‘(c), (n), or (q)’’ for ‘‘(c), or (n)’’ wherever appearing in
closing provisions.
Subsec. (g)(2). Pub. L. 101–428, § 2(d)(3)(A), substituted
‘‘(a)–(c), (n), or (q)’’ for ‘‘(a)–(c) or (n)’’.
Subsec. (i). Pub. L. 101–428, § 2(d)(4), substituted
‘‘(a)–(h), (n), and (q)’’ for ‘‘(a)–(h) and (n)’’.
Subsec. (i)(1). Pub. L. 101–508, § 7001(b)(2)(B), substituted ‘‘(d)(1)’’ for ‘‘(d)’’.
Subsec. (j). Pub. L. 101–428, § 2(d)(5), substituted
‘‘(a)–(i), (n), and (q)’’ for ‘‘(a)–(i) and (n)’’ in pars. (1) and
(2), and in introductory provisions and subpar. (A)(ii) of
par. (3).
Subsec. (k)(1). Pub. L. 101–428, § 2(d)(5), substituted
‘‘(a)–(i), (n), and (q)’’ for ‘‘(a)–(i) and (n)’’.
Subsec. (l). Pub. L. 101–428, § 2(d)(6), substituted
‘‘(a)–(k), (n), and (q)’’ for ‘‘(a)–(k) and (n)’’.
Subsec. (m). Pub. L. 101–428, § 2(d)(2), substituted
‘‘(a)–(e), (n), and (q)’’ for ‘‘(a)–(e) and (n)’’.
Subsec. (n). Pub. L. 101–650 amended subsec. (n) generally. Prior to amendment, subsec. (n) read as follows:
‘‘The annuity of an employee who is a bankruptcy
judge or United States magistrate is computed, with
respect to service as a referee in bankruptcy, as a bankruptcy judge, as a United States magistrate, and as a
United States commissioner and with respect to the
military service of any such individual (not exceeding

Page 825

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

5 years) creditable under section 8332 of this title, by
multiplying 21⁄2 percent of the individual’s average pay
by the years of that service.’’
Subsec. (q). Pub. L. 101–428, § 2(c)(1), added subsec. (q).
1989—Subsec. (h). Pub. L. 101–194 inserted ‘‘, except
that such reduction shall not apply in the case of an
employee retiring under section 8336(h) for failure to be
recertified as a senior executive’’ before period at end
of first sentence.
1987—Subsec. (n). Pub. L. 100–53 amended subsec. (n)
generally. Prior to amendment, subsec. (n) read as follows: ‘‘The annuity of an employee who is a bankruptcy
judge is computed with respect to service after as a referee in bankruptcy and as a bankruptcy judge and his
military service (not exceeding five years) creditable
under section 8332 of this title by multiplying 21⁄2 percent of his average annual pay by the years of that
service.’’
1986—Subsec. (j)(3). Pub. L. 99–251, § 203(a), inserted
‘‘, unless all rights to survivor benefits for such former
spouse under this subchapter based on marriage to such
employee or Member were waived under paragraph (1)
of this subsection’’ at end of first sentence.
Subsec. (j)(5)(B). Pub. L. 99–251, § 203(b), amended subpar. (B) generally. Prior to amendment, subpar. (B)
read as follows:
‘‘(B)(i) Any reduction in an annuity for the purpose of
providing a survivor annuity for a former spouse of a
retired employee or Member shall be terminated for
each full month after the former spouse remarries before reaching age 55 or dies, unless the employee or
Member elects, within 2 years after the former spouse’s
death or remarriage, to continue the reduction in order
to provide a survivor annuity or increase the survivor
annuity for the current spouse of the retired employee
or Member.
‘‘(ii) Notwithstanding clause (i) of this subparagraph—
‘‘(I) a reduction in an annuity shall not be terminated under such clause, and
‘‘(II) an election made under such clause with respect to a current spouse after a remarriage before
age 55 or the death of a former spouse shall not be effective,
if, and to the extent that, continuation of the reduction
is necessary in order to provide for any survivor annuity, or any increase in a survivor annuity, which becomes payable under section 8341(h)(2) of this title to
any other former spouse as a result of such remarriage
or death.’’
Subsec. (j)(5)(C)(v), (vi). Pub. L. 99–251, § 203(c)(1),
added cls. (v) and (vi).
Subsec. (k)(1). Pub. L. 99–251, § 203(c)(2), inserted at
end ‘‘In the case of a married employee or Member, an
election under this paragraph on behalf of the spouse
may be made only if any right of such spouse to a survivor annuity based on the service of such employee or
Member is waived in accordance with subsection (j)(1)
of this section.’’
Subsec. (k)(2)(B)(i). Pub. L. 99–251, § 203(c)(3)(A), substituted provisions directing that the election and reduction shall take effect on the first day of the first
month beginning after the expiration of the 9-month
period beginning on the date of marriage and that any
such election to provide a survivor annuity for a person
shall prospectively void any election made by the employee or Member under paragraph (1) of this subsection with respect to such person, or shall, if an election was made by the employee or Member under such
paragraph with respect to a different person, prospectively void such election if appropriate written application is made by such employee or Member at the time
of making the election under this paragraph, for provisions which directed that the election and reduction
had to take effect the first day of the first month beginning 9 months after the date of marriage and would
prospectively void any election previously made under
paragraph (1) of this subsection.
Subsec. (k)(2)(B)(ii). Pub. L. 99–251, § 203(c)(3)(B),
struck out ‘‘(other than an employee or Member who

§ 8339

made a previous election under paragraph (1) of this
subsection)’’ after ‘‘retired employee or Member’’.
Subsec. (k)(2)(D). Pub. L. 99–251, § 203(c)(3)(C), added
subpar. (D).
Subsec. (o). Pub. L. 99–272 added subsec. (o), set out
second, relating to computation of annuities for parttime service.
Pub. L. 99–251, § 307(a), added subsec. (o), set out first,
relating to 18-month period for election of survivor annuities.
1984—Subsec. (f). Pub. L. 98–353, § 112, substituted
‘‘and (n)’’ for ‘‘and (o)’’.
Subsec. (g). Pub. L. 98–353, § 116(d)(1), (2), inserted ‘‘or
(n)’’ after ‘‘(c)’’ in par. (2), and substituted ‘‘(c), or (n)’’
for ‘‘or (c)’’ in two places in provisions following par.
(2).
Subsec. (j)(1). Pub. L. 98–615, § 2(3)(A), substituted provisions that at the time of retirement an employee’s
pension will be reduced to provide survivor benefits to
the spouse unless the employee or Member and the
spouse jointly waive the spouse’s right to the survivor
annuity in a written statement filed with the Office of
Personnel Management which shall be made in accordance with such requirements as prescribed by the Office
by regulation and which shall be irrevocable and that
the Office, by regulation, must provide that an employee may waive the survivor annuity without the
spouse’s consent only when the spouse’s whereabouts
are unknown to the employee or, due to exceptional
circumstances it would be inappropriate to require the
employee to seek the spouse’s consent for provisions
that at the time of retirement an employee’s pension
would be reduced by 21⁄2 percent of so much thereof as
did not exceed $3,600 and by 10 percent of so much
thereof as exceeded that amount, unless the employee
or member notified the Office of Personnel Management in writing at the time of retirement that he did
not desire any surviving spouse to receive an annuity
under section 8341(b) of this title, and struck out provisions for the restoration to the employee or Member of
his full pension, as if such reduction had not taken
place, for each full month in which such employee or
Member was not married, and providing the employee
or Member a right of irrevocable election of reduction
for the benefit of a subsequent spouse, in the event of
remarriage, in an amount equal to the prior reduction,
to take effect 1 year after remarriage.
Pub. L. 98–353, § 112, substituted ‘‘and (n)’’ for ‘‘and
(o)’’.
Subsec. (j)(2). Pub. L. 98–615, § 2(3)(A), substituted provision that if an employee or Member has a former
spouse who is entitled to a survivor annuity as provided in section 8341(h) of this title, the annuity of the
employee or Member computed under subsecs. (a)–(i)
and (n) (or any designated portion of the annuity, in
the event that the former spouse is entitled to less
than 55 percent of the employee or Member’s annuity)
is reduced as provided in par. (4) for provision that any
written notification (or designation) by any employee
or Member under the first sentence of par. (1) would not
be considered valid unless the employee or Member established to the satisfaction of the Office that the
spouse had been notified of the loss of or reduction in
survivor benefits or that the employee or Member had
complied with such notification requirements as the
Office would, by regulation, prescribe.
Subsec. (j)(3) to (5). Pub. L. 98–615, § 2(3)(A), added
pars. (3) to (5).
Subsec. (k)(1). Pub. L. 98–615, § 2(3)(B), substituted ‘‘an
employee or Member’’ for ‘‘an unmarried employee or
Member’’.
Pub. L. 98–353, § 112, substituted ‘‘and (n)’’ for ‘‘and
(o)’’.
Subsec. (k)(2). Pub. L. 98–615, § 2(3)(C), designated existing provisions as subpar. (A), substituted ‘‘such employee or Member’s spouse’’ for ‘‘his spouse’’ and
‘‘within 2 years after such employee or Member marries
or, if later, within 2 years after the death or remarriage
of any former spouse of such employee or Member who
was entitled to a survivor annuity under section 8341(h)

§ 8339

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

of this title (or of the last such surviving former
spouse, if there was more than one), a reduction in the
retired employee or Member’s current annuity as provided in subsection (j) of this section’’ for ‘‘within 1
year after he marries, a reduction in his current annuity as provided in subsection (j) of this section. The reduced annuity shall be effective the first day of the
first month beginning 1 year after the date of marriage.
The election voids prospectively any election previously made under paragraph (1) of this subsection’’,
and added subpars. (B) and (C).
Subsec. (l). Pub. L. 98–353, § 112, substituted ‘‘and (n)’’
for ‘‘and (o)’’ in provisions preceding par. (1).
Subsec. (m). Pub. L. 98–353, § 112, substituted ‘‘and
(n)’’ for ‘‘and (o)’’.
Subsec. (n). Pub. L. 98–531 substituted ‘‘as a referee in
bankruptcy and’’ for ‘‘March 31, 1979, and before the
date of the enactment of the Bankruptcy Amendments
and Federal Judgeship Act of 1984’’.
Pub. L. 98–353, § 121(f), substituted ‘‘the date of enactment of the Bankruptcy Amendments and Federal
Judgeship Act of 1984’’ for ‘‘June 28, 1984’’.
Pub. L. 98–353, § 116(d)(3), substituted ‘‘as a referee in
bankruptcy and’’ for ‘‘March 31, 1979, and before June
27, 1984,’’.
Pub. L. 98–325 substituted ‘‘June 28, 1984’’ for ‘‘June
21, 1984’’.
Pub. L. 98–299 substituted ‘‘June 21, 1984’’ for ‘‘May 26,
1984’’.
Pub. L. 98–271 substituted ‘‘May 26, 1984’’ for ‘‘April 1,
1984’’.
Pub. L. 98–249 which purported to amend subsec. (o)
by substituting ‘‘May 1, 1984’’ for ‘‘April 1, 1984’’ was
probably intended as an amendment of subsec. (n). See
amendment of subsec. (n) by Pub. L. 98–271.
1983—Subsec. (d)(6). Pub. L. 98–94, § 1256(e)(1), added
par. (6).
Subsec. (h). Pub. L. 98–94, § 1256(e)(2), inserted provision that the annuity computed under subsections (a),
(d)(6), and (f) of this section for a judge of the United
States Court of Military Appeals retiring under the second sentence of section 8336(k) of this title or the third
sentence of section 8338(c) of this title is reducted by 1⁄12
of 1 percent for each full month not in excess of 60
months, and 1⁄6 of 1 percent for each full month in excess of 60 months, the judge is under 60 years of age at
the date of separation.
1982—Subsec. (e). Pub. L. 97–276 inserted ‘‘unless such
employee has received, pursuant to section 8342 of this
title, payment of the lump-sum credit attributable to
deductions under section 8334(a) of this title during any
period of employment as an air traffic controller and
such employee has not deposited in the Fund the
amount received, with interest, pursuant to section
8334(d) of this title’’.
Subsec. (i). Pub. L. 97–253 redesignated former unnumbered subsection into provisions preceding par. (1)
and par. (1) and (2) and completely revised such provisions as so redesignated. Prior to amendment subsec.
(i) read as follows: ‘‘The annuity computed under subsections (a)–(h) and (o) of this section is reduced by 10
percent of a deposit described by section 8334(c) of this
title remaining unpaid, unless the employee or Member
elects to eliminate the service involved for the purpose
of annuity computation.’’
1980—Subsec. (g). Pub. L. 96–499 provided for a minimum disability retirement annuity where an employee
or Member retiring under section 8337 of this title was
receiving retired or retainer pay for military service or
a Veterans’ Administration pension or compensation.
Subsec. (j). Pub. L. 96–391 redesignated existing provisions as par. (1) and added par. (2).
1979—Subsec. (d). Pub. L. 96–70 designated existing
provisions as par. (1) and added pars. (2) to (4).
Subsec. (d)(5). Pub. L. 96–135, § 1(b), added par. (5).
Subsec. (h). Pub. L. 96–135, § 1(c), inserted references
to subsections (d)(5) and (j) of this section.
Subsecs. (n), (o). Pub. L. 96–54 redesignated subsec. (o)
as (n). Former subsec. (n) redesignated (m) by Pub. L.
94–126.

Page 826

1978—Subsec. (d). Pub. L. 95–256 substituted ‘‘(b)’’ for
‘‘(g)’’.
Subsec. (f). Pub. L. 95–598, § 338(a)(1), inserted reference to subsec. (o) of this section.
Subsec. (h). Pub. L. 95–454, § 412(b), substituted ‘‘section 8336(d) or (h)’’ for ‘‘section 8336(d)’’.
Subsec. (i). Pub. L. 95–598, § 338(a)(2), inserted reference to subsec. (o) of this section.
Subsec. (j). Pub. L. 95–598, § 338(a)(3), inserted reference to subsec. (o) of this section.
Pub. L. 95–454, § 906(a)(2), (3), substituted ‘‘Office of
Personnel Management’’ and ‘‘Office’’ for ‘‘Civil Service Commission’’ and ‘‘Commission’’, respectively.
Pub. L. 95–317, § 1(a), inserted ‘‘(or is remarried if
there is no election in effect under the following sentence)’’ after ‘‘or Member is not married’’, and substituted provisions authorizing, upon remarriage, an irrevocable election in a signed writing received by the
Commission within 1 year after remarriage for a reduction and computation of such reduction, for provisions
authorizing the annuity, upon remarriage, to be reduced by the same percentage reductions in effect at
the time of retirement.
Subsec. (k). Pub. L. 95–454, § 906(a)(3), substituted ‘‘Office’’ for ‘‘Commission’’ wherever appearing.
Subsec. (k)(1). Pub. L. 95–598, § 338(a)(3), inserted reference to subsec. (o) of this section.
Pub. L. 95–317, § 2, inserted provisions relating to recomputation and payment of an annuity reduced under
this par. or any similar prior provision of law.
Subsec. (k)(2). Pub. L. 95–317, § 1(c), substituted ‘‘The
reduced annuity shall be effective the first day of the
first month beginning 1 year after the date of marriage’’ for ‘‘His reduced annuity is effective the first
day of the month after his election is received in the
Commission’’.
Subsec. (l). Pub. L. 95–598, § 338(a)(4), inserted reference to subsec. (o) of this section.
Subsec. (m). Pub. L. 95–598, § 338(a)(5), inserted reference to subsec. (o) of this section.
Pub. L. 95–519 inserted provision relating to computation of days of unused sick leave for employees excepted from subchapter I of chapter 63 of this title.
Subsec. (o). Pub. L. 95–598, § 338(a)(6), added subsec.
(o).
1976—Subsec. (f)(2)(C). Pub. L. 94–397 substituted
‘‘8344(d)(1)’’ for ‘‘8344(b)(1)’’.
1975—Subsecs. (m), (n). Pub. L. 94–126 struck out subsec. (m) which required that 45 per centum of each
year, or fraction thereof, of service referred to in section 8332(b)(6) which was performed prior to the effective date of the National Guard Technicians Act of 1968,
be disregarded in determining service for the purpose of
computing an annuity under each paragraph of this
section, and redesignated subsec. (n) as (m).
1974—Subsec. (d). Pub. L. 93–350 inserted reference to
employees retiring under section 8335(g) of this title
and substituted a schedule of 21⁄2 percent of his average
pay multiplied by so much of his total service as does
not exceed 20 years plus 2 percent of his average pay
multiplied by so much of his total service as exceeds 20
years for a schedule of 2 percent of his average pay
multiplied by his total service.
Subsec. (f)(2). Pub. L. 93–260 substituted ‘‘greatest’’
for ‘‘greater’’, redesignated cl. (B) as cl. (C), and added
cl. (B).
Subsec. (j). Pub. L. 93–474 inserted provision that an
annuity reduced under this subsection or any similar
provision of law shall be recomputed and paid as if the
annuity had not been so reduced for each full month
during which a retired employee or member is not married and that upon marriage the annuity shall be reduced by the same percentage reductions which were in
effect at the time of retirement.
1972—Subsec. (e). Pub. L. 92–297, § 6(1), (2), added subsec. (e) and redesignated former subsec. (e) as (f).
Subsec. (f). Pub. L. 92–297, §§ 6(1), 7(3)(A), redesignated
former subsec. (e) as (f) and substituted references to
subsecs. (a) to (e) for references to subsecs. (a) to (d).
Former subsec. (f) redesignated (g).

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TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

Subsec. (g). Pub. L. 92–297, § 6(1), redesignated former
subsec. (f) as (g). Former subsec. (g) redesignated (h).
Subsec. (h). Pub. L. 92–297, §§ 6(1), 7(3)(B), redesignated
former subsec. (g) as (h) and substituted ‘‘subsections
(a), (b), and (f)’’, ‘‘subsections (c) and (f)’’, and ‘‘section
8336(g)’’ for ‘‘subsections (a), (b), and (e)’’, ‘‘subsections
(c) and (e)’’, and ‘‘section 8336(f)’’ respectively. Former
subsec. (h) redesignated (i).
Subsec. (i). Pub. L. 92–297, §§ 6(1), 7(3)(C), redesignated
former subsec. (h) as (i) and substituted reference to
subsections (a)–(h) for reference to subsections (a)–(g).
Former subsec. (i) redesignated (j).
Subsec. (j). Pub. L. 92–297, §§ 6(1), 7(3)(D), redesignated
former subsec. (i) as (j) and substituted reference to
subsections (a) to (i) for reference to subsections (a) to
(h). Former subsec. (j) redesignated (k).
Subsec. (k). Pub. L. 92–297, §§ 6(1), 7(3)(E), redesignated
former subsec. (j) as (k) and substituted ‘‘subsections
(a)–(i)’’ and ‘‘subsection (j)’’ for ‘‘subsections (a)–(h)’’
and ‘‘subsection (i)’’, respectively. Former subsec. (k)
redesignated (l).
Subsec. (l). Pub. L. 92–297, §§ 6(1), 7(3)(F), redesignated
former subsec. (k) as (l) and substituted ‘‘subsections
(a)–(e)’’ for ‘‘subsections (a)–(j)’’. Former subsec. (l) redesignated (m).
Subsec. (m). Pub. L. 92–297, § 6(1) redesignated former
subsec. (l) as (m). Former subsec. (m) redesignated (n).
Subsec. (n). Pub. L. 92–297, §§ 6(1), 7(3)(G), redesignated
former subsec. (m) as (n) and substituted ‘‘subsections
(a)–(e)’’ and ‘‘subsection (f)’’ for ‘‘subsections (a)–(d)’’
and ‘‘subsection (e)’’, respectively.
1971—Subsec. (i). Pub. L. 91–658, § 2(a), substituted
‘‘any spouse surviving him’’ for ‘‘his spouse’’.
Subsec. (j). Pub. L. 91–658, § 2(b), designated existing
provisions as par. (1) and added par. (2).
1969—Subsec. (b). Pub. L. 91–93, § 203(1), substituted
‘‘his service as a Congressional employee, his military
service not exceeding 5 years,’’ for ‘‘so much of his
service as a Congressional employee and his military
service as does not exceed a total of 15 years’’.
Subsec. (c)(2). Pub. L. 91–93, § 203(2), struck out ‘‘so
much of’’ and ‘‘as does not exceed 15 years’’ before and
after ‘‘his Congressional employee service’’.
Subsec. (f). Pub. L. 91–93, § 203(3), struck out last sentence providing ‘‘However, this subsection does not increase the annuity of a survivor.’’
Subsec. (i). Pub. L. 91–93, § 203(4), struck out ‘‘(excluding any increase because of retirement under section
8337 of this title)’’ after ‘‘subsections (a)–(h) of this section’’.
Subsec. (m). Pub. L. 91–93, § 203(5), added subsec. (m).
1968—Subsec. (l). Pub. L. 90–486 added subsec. (l).
1967—Subsec. (e)(2). Pub. L. 90–206 inserted provision
for the use of the final basic pay of the appointive position of a former Member who elects to have his annuity
computed or recomputed under section 8344(b)(1) of this
title inmaking the determination of the maximum allowable annuity.
CHANGE OF NAME
‘‘United States magistrate judge’’ substituted for
‘‘United States magistrate’’ wherever appearing in subsec. (n) pursuant to section 321 of Pub. L. 101–650, set
out as a note under section 631 of Title 28, Judiciary
and Judicial Procedure.
EFFECTIVE DATE OF 2009 AMENDMENT
Pub. L. 111–84, div. A, title XIX, § 1903(b), Oct. 28, 2009,
123 Stat. 2616, provided that: ‘‘The amendment made by
subsection (a) [amending this section] shall be effective
with respect to any annuity, entitlement to which is
based on a separation from service occurring on or
after the date of enactment of this Act [Oct. 28, 2009].’’
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107–296 effective 60 days after
Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as
an Effective Date note under section 101 of Title 6, Domestic Security.

§ 8339

EFFECTIVE DATE OF 2001 AMENDMENT
Amendment by Pub. L. 107–107 applicable only to separations from service as an employee of the United
States on or after Dec. 28, 2001, see section 1132(c) of
Pub. L. 107–107, set out as a note under section 8332 of
this title.
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment 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 AMENDMENT
Amendment 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 AMENDMENT
Section 11004(c) of Pub. L. 103–66 provided that:
‘‘(1) IN GENERAL.—The amendments made by this section [amending this section and sections 8334 and 8418
of this title] shall take effect on the first day of the
first month beginning at least 30 days after the date of
the enactment of this Act [Aug. 10, 1993] and shall apply
to all deposits required under section 8339(j)(3) or (5),
8339(k)(2), or 8418 of title 5, United States Code, on
which no payment has been made prior to such effective date.
‘‘(2) PARTIAL DEPOSIT.—For any deposit required
under section 8339(j)(3) or (5), 8339(k)(2), or 8418 of title
5, United States Code, or section 4(b) or (c) of the Civil
Service Retirement Spouse Equity Act of 1984 [Pub. L.
98–615] (5 U.S.C. 8341 note) that has been partially, but
not fully, paid before the effective date of this Act
[probably should be ‘‘the effective date of the amendments made by this section’’], the Office shall by regulation provide for determining the remaining portion of
the deposit and for payment of the remaining portion
of the deposit by a prospective reduction in the annuity
of the employee or Member. The reduction shall be
similar to the reductions provided pursuant to the
amendments made under this section.’’
EFFECTIVE DATE OF 1992 AMENDMENT
Amendment by Pub. L. 102–572 effective Oct. 29, 1992,
see section 911 of Pub. L. 102–572, set out as a note
under section 171 of Title 28, Judiciary and Judicial
Procedure.
EFFECTIVE DATE OF 1990 AMENDMENTS
Amendment by Pub. L. 101–650 applicable to judges of,
and senior judges in active service with, the United
States Court of Federal Claims on or after Dec. 1, 1990,
see section 306(f) of Pub. L. 101–650, set out as a note
under section 8331 of this title.
Amendment 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.
Section 2(c)(2) of Pub. L. 101–428 provided that:
‘‘(A) The amendment made by paragraph (1) [amending this section] shall take effect 4 years after the date
of enactment of this Act [Oct. 15, 1990], and shall apply
with respect to any annuity, entitlement to which is
based on a separation occurring on or after that effective date, subject to subparagraph (B).
‘‘(B) Nothing in this subsection or in the amendment
made by this subsection [amending this section] shall,
with respect to any service performed before the effective date of such amendment, have the effect of reducing the percentage applicable in computing any portion

§ 8339

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

of an annuity based on such service below the percentage which would otherwise apply if this Act had not
been enacted.’’
EFFECTIVE DATE OF 1989 AMENDMENT
Amendment by Pub. L. 101–194 effective Jan. 1, 1991,
see section 506(d) of Pub. L. 101–194, set out as a note
under section 3151 of this title.
EFFECTIVE DATE OF 1987 AMENDMENT
Amendment by Pub. L. 100–53 effective Oct. 1, 1987,
and applicable to bankruptcy judges and United States
magistrate judges in office on that date and to individuals subsequently appointed to such positions to whom
this chapter otherwise applies, see section 3 of Pub. L.
100–53, as amended, set out as a note under section 8331
of this title.
EFFECTIVE DATE OF 1986 AMENDMENTS
Section 15204(b), formerly 15204(c), of Pub. L. 99–272,
as redesignated by Pub. L. 99–509, title VII, § 7003(b),
Oct. 21, 1986, 100 Stat. 1949, provided that: ‘‘The amendments made by this section [amending this section,
section 8341 of this title, and former section 4109 of
Title 38, Veterans’ Benefits] shall be effective with respect to service performed on or after the date of the
enactment of this Act [Apr. 7, 1986].’’
Section 203(d) of Pub. L. 99–251 provided that: ‘‘The
amendments made by this section [amending this section] shall take effect May 7, 1985.’’
Section 307(b) of Pub. L. 99–251 provided that:
‘‘(1) The amendment made by subsection (a) [amending this section] shall take effect 3 months after the
date of the enactment of this Act [Feb. 27, 1986].
‘‘(2)(A) Subject to subparagraph (B), the amendment
made by subsection (a) shall apply with respect to employees and Members who retire before, on, or after
such amendment first takes effect.
‘‘(B) For the purpose of applying the provisions of
paragraph (1) of section 8339(o) of title 5, United States
Code (as added by subsection (a) of this section) to employees and Members who retire before the date on
which the amendment made by subsection (a) first
takes effect—
‘‘(i) the period referred to in subparagraph (A) or
(B) of such paragraph (as the case may be) shall be
considered to begin on the date on which such amendment first becomes effective; and
‘‘(ii) the amount referred to in paragraph (2) of such
section 8339(o) shall be computed without regard to
the provisions of subparagraph (B)(ii) of such paragraph (relating to interest).
‘‘(3) For purposes of this subsection, the terms ‘employee’ and ‘Member’ each has the meaning given that
term in sections 8331(1) and 8331(2) of title 5, United
States Code, respectively.’’
EFFECTIVE DATE OF 1984 AMENDMENTS
Amendment by Pub. L. 98–615 effective May 7, 1985,
with enumerated exceptions and specific applicability
provisions, see section 4(a)(1), (4) of Pub. L. 98–615, as
amended, set out as a note under section 8341 of this
title.
Amendment by Pub. L. 98–531 effective Mar. 31, 1984,
see section 3(b) of Pub. L. 98–531, set out as a note under
section 8331 of this title.
Amendment by Pub. L. 98–353 effective July 10, 1984,
and applicable to bankruptcy judges who retire on or
after such date, see section 116(e) of Pub. L. 98–353, set
out as a note under section 8331 of this title. See, also,
section 122(a) of Pub. L. 98–353, set out as an Effective
Date note under section 151 of Title 28, Judiciary and
Judicial Procedure.
EFFECTIVE DATE OF 1982 AMENDMENTS
Section 151(h)(3) of Pub. L. 97–276 provided that: ‘‘The
amendment made by subsection 152(f) [151(f)] of this
joint resolution [amending this section] shall take effect on the date of the enactment of this joint resolution [Oct. 2, 1982].’’

Page 828

Amendment 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, and provisions of section 8339(i) of
title 5, as in effect the day before Sept. 7, 1982, to continue to apply with respect to periods of service and refunds occurring on or before Sept. 30, 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 1980 AMENDMENTS
Section 404(c) of Pub. L. 96–499 provided that: ‘‘The
amendments made by this section [amending this section and section 8347 of this title] shall take effect on
the date of the enactment of this Act [Dec. 5, 1980].’’
Section 3 of Pub. L. 96–391 provided that: ‘‘The
amendments made by the first section of this Act
[amending this section] shall take effect with respect
to notifications and designations made under the first
sentence of section 8339(j) of title 5, United States Code,
on or after the ninetieth day after the date of the enactment of this Act [Oct. 7, 1980].’’
EFFECTIVE DATE OF 1979 AMENDMENTS
Amendment by Pub. L. 96–135 effective Dec. 5, 1979,
see section 1(d) of Pub. L. 96–135, set out as a note under
section 8336 of this title.
Section 1242(b)(1) of Pub. L. 96–70 provided that: ‘‘The
amendments made by this section [amending this section] shall take effect on the date of the enactment of
this Act [Sept. 27, 1979], but no amount of annuity
under chapter 83 of title 5, United States Code, accruing by reason of those amendments shall be payable for
any period before October 1, 1979.’’
Amendment by Pub. L. 96–54 effective July 12, 1979,
see section 2(b) of Pub. L. 96–54, set out as a note under
section 305 of this title.
EFFECTIVE DATE OF 1978 AMENDMENTS
Amendment by Pub. L. 95–598 effective Nov. 6, 1978,
see section 402(d) of Pub. L. 95–598, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy.
Amendment by Pub. L. 95–519 applicable only with respect to employees who retire or die on or after Oct. 25,
1978, see section 4(b) of Pub. L. 95–519, set out as a note
under section 5551 of this title.
Amendment by section 412(b) of Pub. L. 95–454 effective 9 months after Oct. 13, 1978, and congressional review of provisions of sections 401 through 412 of Pub. L.
95–454, see section 415 of Pub. L. 95–454, set out as an Effective Date note under section 3131 of this title.
Amendment by section 906(a)(2), (3) of 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. 95–256 effective Sept. 30, 1978,
see section 5(f) of Pub. L. 95–256, set out as a note under
section 633a of Title 29, Labor.
EFFECTIVE DATE OF 1978 AMENDMENTS; SURVIVOR
ANNUITIES SUBJECT TO REDUCTION, ETC.
Section 4 of Pub. L. 95–317 provided that:
‘‘(a) This act [amending this section and section 8341
of this title and enacting provisions set out as notes
under this section] shall take effect—
‘‘(1) the first day of the first month which begins on
or after the date of the enactment of this Act [July
10, 1978], or
‘‘(2) October 1, 1978,
whichever is later.
‘‘(b) Except as provided under subsection (c) of this
section, the amendments made by the first section and
section 2 of this Act [amending this section and section
8341 of this title] shall apply with respect to annuities
which commence before, on, or after the effective date
of this Act, but no monetary benefit by reason of such

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TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

amendments shall accrue for any period before such effective date.
‘‘(c) The amendments made by the first section of
this Act [amending this section and section 8341 of this
title] shall not affect the eligibility of any individual
to a survivor annuity under section 8341(b) of title 5,
United States Code, or the reduction therefor under
section 8339(j) of such title, in the case of an annuitant
who remarried before the effective date of this Act, unless the annuitant notifies the Civil Service Commission in a signed writing received in the Commission
within one year after the effective date of this Act that
such annuitant does not desire the spouse of the annuitant to receive a survivor annuity in the event of the
annuitant’s death. Such notification shall take effect
the first day of the first month after it is received in
the Commission.’’
EFFECTIVE DATE OF 1976 AMENDMENT
Amendment by Pub. L. 94–397 effective Oct. 1, 1976,
and applicable to annuitants serving in appointive or
elective positions on and after such date, see section 2
of Pub. L. 94–397, set out as a note under section 8344 of
this title.
EFFECTIVE DATE OF 1975 AMENDMENT
Amendment by Pub. L. 94–126 effective 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 AMENDMENTS
Section 2 of Pub. L. 93–474 provided that: ‘‘The
amendment made by this Act [amending this section]
shall apply to annuities which commence before, on, or
after the date of enactment of this Act [Oct. 26, 1974],
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 date of enactment of this Act.’’
Amendment by Pub. L. 93–350 effective on July 12,
1974, see section 7 of Pub. L. 93–350, set out as a note
under section 3307 of this title.
Section 2(b) of Pub. L. 93–260 provided that: ‘‘The
amendments made by subsection (a) of this section
[amending this section] shall apply to annuities paid
for months beginning after the date of enactment of
this Act [Apr. 9, 1974].’’
EFFECTIVE DATE OF 1972 AMENDMENT
Amendment by Pub. L. 92–297 effective on 90th day
after May 16, 1972, see section 10 of Pub. L. 92–297, set
out as an Effective Date note under section 3381 of this
title.
EFFECTIVE DATE OF 1971 AMENDMENT
Section 5(b) of Pub. L. 91–658 provided that: ‘‘The
amendments made by section 2(a) and 3 of this Act
[amending this section and section 8341 of this title]
shall not apply in the cases of employees, Members, or
annuitants who died before the date of enactment of
this Act [Jan. 8, 1971]. The rights of such persons and
their survivors shall continue in the same manner and
to the same extent as if such amendments had not been
enacted.’’
Section 5(c) of Pub. L. 91–658 provided that: ‘‘The
amendments made by section 2(b) of this Act [amending this section] shall apply to an annuitant who was
unmarried at the time of retiring, but who later married, only if the election is made within 1 year after the
date of enactment of this Act [Jan. 8, 1971].’’
EFFECTIVE DATE OF 1969 AMENDMENT
Amendment by Pub. L. 91–93 inapplicable in cases of
persons retired or otherwise separated prior to Oct. 20,

§ 8339

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.
EFFECTIVE DATE OF 1968 AMENDMENT
Amendment by Pub. L. 90–486 effective Jan. 1, 1969,
except that no deductions or withholding from salary
which result therefrom shall commence before first day
of first pay period that begins on or after Jan. 1, 1968,
see section 11 of Pub. L. 90–486, set out as a note under
section 709 of Title 32, National Guard.
EFFECTIVE DATE OF 1967 AMENDMENT
Amendment by Pub. L. 90–206 effective Dec. 16, 1967,
see section 220(a)(1) of Pub. L. 90–206, set out as an Effective Date note under section 3110 of this title.
INDIVIDUALS ENTITLED TO ANNUITY PAYMENTS FOR
PERIOD PRIOR TO OCTOBER 1, 1979
Section 1242(b)(2) of Pub. L. 96–70 provided that: ‘‘Effective October 1, 1979, any individual who, but for
paragraph (1) of this subsection [set out as an Effective
Date of 1979 Amendment note above], would have been
entitled to one or more annuity payments pursuant to
the amendments made by this section [amending this
section] for periods before October 1, 1979, shall be entitled, to such extent or in such amounts as are provided
in advance in appropriation Acts, to a lump sum payment equal to the total amount of all such annuity
payments.’’
ANNUAL NOTICE TO ANNUITANT OF RIGHTS OF ELECTION
UNDER SUBSECS. (j) AND (k)(2) OF THIS SECTION
Section 3 of Pub. L. 95–317, as amended by 1978 Reorg.
Plan No. 2, § 102, 43 F.R. 36037, 92 Stat. 3783, provided
that: ‘‘The Director of the Office of Personnel Management shall, on an annual basis, inform each annuitant
of such annuitant’s rights of election under sections
8339(j) and 8339(k)(2) of title 5, United States Code.’’
INCREASE IN ANNUITY FOR EMPLOYEES OR MEMBERS
SEPARATED FROM CIVIL SERVICE PRIOR TO OCT. 20,
1969
Section 2(a) of Pub. L. 93–273, Apr. 26, 1974, 88 Stat. 93,
provided that: ‘‘An annuity payable from the Civil
Service Retirement and Disability Fund to a former
employee or Member, which is based on a separation
occurring prior to October 20, 1969, is increased by
$240.’’
Section 3 of Pub. L. 93–273 provided in part that annuity increases under this provision shall apply to annuities which commence before, on, or after Apr. 26, 1974,
but that 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 Apr. 26, 1974,
or the date on which the annuity commences, whichever is later. See section 3 of Pub. L. 93–273, set out as
a note under section 8345 of this title.
1970 INCREASE IN PAY RATES OF CERTAIN EMPLOYEES
OF THE LEGISLATIVE BRANCH
Adjustment by the President pro tempore of the Senate with respect to the United States Senate, by the Finance Clerk of the House of Representatives with respect to the United States House of Representatives,
and by the Architect of the Capitol with respect to the
Office of the Architect of the Capitol, effective on the
first day of the first pay period which begins on or after
Dec. 27, 1969, of the rates of pay of employees of the legislative branch subject to section 214 of Pub. L. 90–206
with certain exceptions, by the amounts of the adjustment for corresponding rates for employees subject to
the General Schedule, set out in section 5332 of this
title, which had been made by section 2 of Pub. L.
91–231 raising such rates by 6 percent, see Pub. L.
91–231, formerly set out as a note under section 5332 of
this title.

§ 8339

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

1967 INCREASE IN COMPENSATION AS PART OF BASIC
PAY RATE
Section 214(d) of Pub. L. 90–206, title II, Dec. 16, 1967,
81 Stat. 636, providing for the inclusion of the additional compensation pursuant to section 214 of Pub. L.
90–206 as part of basic pay for purposes of civil service
retirement, was repealed by section 7(a)(4) of Pub. L.
90–623, Oct. 22, 1968, 82 Stat. 1315, except with respect to
rights and duties which matured, penalties that were
incurred, and proceedings that were begun before Oct.
22, 1968.
1962 INCREASE IN ANNUITIES
Section 1101 of Pub. L. 87–793, Oct. 11, 1962, 76 Stat.
868, provided that:
‘‘(a) The annuity of each person who, on the effective
date of this section [Jan. 1, 1963], is receiving or entitled to receive an annuity from the civil service retirement and disability fund shall be increased by 5 per
centum of the amount of such annuity.
‘‘(b) The annuity of each person who receives or is entitled to receive an annuity from the civil service retirement and disability fund commencing during the
period which begins on the day following the effective
date of this section [Jan. 1, 1963] and ends five years
after such date, shall be increased in accordance with
the following table:

‘‘If the annuity commences between—

‘‘January
‘‘January
‘‘January
‘‘January

2,
1,
1,
1,

1963,
1964,
1965,
1966,

and
and
and
and

December
December
December
December

31,
31,
31,
31,

1963
1964
1965
1966

...............
...............
...............
...............

The annuity
shall be
increased
by—
4
3
2
1

per
per
per
per

centum
centum
centum
centum

‘‘(c) In lieu of any other increase provided by this section, the annuity of a survivor of a retired employee or
Member of Congress who received an increase under
this section shall be increased by a percentage equal to
the percentage by which the annuity of such employee
or Member was so increased.
‘‘(d) No increase provided by this section shall be
computed on any additional annuity purchased at retirement by voluntary contributions.
‘‘(e) The limitation reading ‘or (3) the sum necessary
to increase such annuity, exclusive of annuity purchased by voluntary contributions under the second
paragraph of section 10 of this Act, to $2,160’ contained
in section 8(c)(1) of the Civil Service Retirement Act of
May 29, 1930, as amended by the Acts of July 16, 1952 (66
Stat. 722; Public Law 555, Eighty-second Congress), and
August 31, 1954 (68 Stat. 1043; Public Law 747, Eightythird Congress), shall not be effective on or after the effective date of this section [Jan. 1, 1963].
‘‘(f) The limitation contained in the next to the last
sentence of section 8(d)(1) of the Civil Service Retirement Act of May 29, 1930, as amended, as enacted by the
Act of August 11, 1955 (69 Stat. 692; Public Law 369,
Eighty-fourth Congress) shall not be effective on and
after the effective date of this section [Jan. 1, 1963].
‘‘(g) The increases provided by this section shall take
effect on the effective date of this section [Jan. 1, 1963],
except that any increase under subsection (b) or (c)
shall take effect on the beginning date of the annuity.
‘‘(h) The monthly installment of annuity after adjustment under this section shall be fixed at the nearest dollar’’.
Section 1104 of Pub. L. 87–793 provided in part that
section 1101 of Pub. L. 87–793 shall take effect on January 1, 1963.
1958 INCREASE IN ANNUITIES
Pub. L. 85–465, June 25, 1958, 72 Stat. 218, as amended
by Pub. L. 86–604, § 3(a), July 7, 1960, 74 Stat. 359; Pub.
L. 87–114, July 31, 1961, 75 Stat. 241, provided:
‘‘That (a) the annuity of each retired employee or
Member of Congress who, on August 1, 1958, is receiving

Page 830

or entitled to receive an annuity from the civil service
retirement and disability fund based on service which
terminated prior to October 1, 1956, shall be increased
by 10 per centum, but no such increase shall exceed $500
per annum.
‘‘(b) The annuity otherwise payable from the civil
service retirement and disability fund to—
‘‘(1) each survivor who on August 1, 1958, is receiving or entitled to receive an annuity based on service
which terminated prior to October 1, 1956, and
‘‘(2) each survivor of a retired employee or Member
of Congress described in subsection (a) of this section,
shall be increased by 10 per centum. No increase provided by this subsection shall exceed $250 per annum.
‘‘(c) No increase provided by this section shall be
computed on any additional annuity purchased at retirement by voluntary contributions.
‘‘SEC. 2. The unmarried widow or widower of an employee—
‘‘(1) who had completed at least ten years of service
creditable for civil service retirement purposes.
‘‘(2) who (A) died February 29, 1948, or (B), if retired
under the Alaska Railroad Retirement Act of June 29,
1936, as amended, or under sections 91 to 107, inclusive, of title 2 of the Canal Zone Code, approved June
19, 1934, as amended, died before April 1, 1948; and
‘‘(3) who was at the time of his death
(A) subject to an Act under which annuities
granted before February 20, 1948, were or are now
payable from the civil service retirement and disability fund or (B) retired under such an Act,
(B) etc.
shall be entitled to receive an annuity. In order to
qualify for such annuity, the widow or widower shall
have been married to the employee for at least five
years immediately prior to his death and must be not
entitled to any other annuity from the civil service
retirement and disability fund based on the service of
such employee. Such annuity shall be equal to onehalf of the annuity which the employee was receiving
on the date of his death if retired, or would have been
receiving if he had been retired for disability on the
date of his death, but shall not exceed $750 per annum
and shall not be increased by the provisions of this or
any other prior law. Any annuity granted under this
section shall cease upon the death or remarriage of
the widow or widower.
‘‘SEC. 3. (a) An increase in annuity provided by subsection (a), or clause (1) of subsection (b), of the first
section of this Act shall take effect on August 1, 1958.
An increase in annuity provided by clause (2) of such
subsection (b) shall take effect on the commencing date
of the survivor annuity.
‘‘(b) An annuity provided by section 2 of this Act
shall commence on August 1, 1958, or on the first day
of the month in which application for such annuity is
received in the Civil Service Commission, whichever
occurs later.
‘‘SEC. 4. Notwithstanding any other provision of law,
the annuities and increases in annuities provided by
the preceding sections of this Act shall be paid from
the civil service retirement and disability fund.
‘‘(c) The monthly installment of each annuity increased or provided by this Act shall be fixed at the
nearest dollar.
‘‘SEC. 5. (a) The amendments made by section 401 of
the Civil Service Retirement Act Amendments of 1956
(70 Stat. 743–760; 5 U.S.C. 2251–2267) [amending provisions covered by this subchapter] may apply at the option of any employee who, prior to July 31, 1956, was
separated from the service under the automatic separation provisions of the Civil Service Retirement Act
[this subchapter] but whose separation would not have
taken effect until after July 30, 1965, if he had been permitted to remain in the service until the expiration of
any accumulated or current accrued annual leave to his
credit at the time of his separation from the service.
Such option shall be exercised by a writing received in
the Civil Service Commission before January 1, 1959.
‘‘(b) No increase in annuity provided by this Act or
any prior provision of law shall apply in the case of any

Page 831

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

retired employee who exercises the option permitted by
subsection (a) of this section.’’
1962 AND 1958 INCREASES IN ANNUITIES; CLARIFICATION
Pub. L. 89–17, May 1, 1965, 79 Stat. 109, provided:
‘‘That for the purposes of section 1(a) of the Act of
June 25, 1958 (Public Law 85–465) [1958 Increase in Annuities note set out above], and section 1101(a) of the Act
of October 11, 1962 (Public Law 87–793) [1962 Increase in
Annuities note set out under this section], the words
‘entitled to receive an annuity’ shall, from and after
the respective effective dates (August 1, 1958, and January 1, 1963) of the annuity increases provided by such
Acts, not include any person whose annuity commencing date occurs after the effective date of the annuity
increase involved.’’
PAYMENT OF ANNUITIES TO CERTAIN UNREMARRIED
WIDOWS OR WIDOWERS OF EMPLOYEES RETIRED
UNDER RAILROAD RETIREMENT ACT OR CANAL ZONE
CODE
Section 3(b), (c) of Pub. L. 86–604, July 7, 1960, 74 Stat.
359, made section 4 of act June 25, 1958, set out in the
1958 Increase in Annuities note under this section, applicable to annuities authorized by section 2(2)(B) of
act June 25, 1958, and provided that such annuities
should commence Aug. 1, 1958, or on the first day of the
month in which application therefor was received in
the Civil Service Commission, whichever occurred
later.
ESTIMATES OF APPROPRIATIONS FOR REIMBURSING FUND
FOR AMOUNTS PAID UNDER 1958 INCREASE IN ANNUITIES
Pub. L. 91–93, title I, § 105, Oct. 20, 1969, 83 Stat. 138,
repealed part of Pub. L. 87–141, title I, § 101, Aug. 17,
1961, 75 Stat. 345, which required the Civil Service Commission to include annually in its estimates to the Bureau of the Budget, estimates of appropriations necessary to reimburse the civil service retirement and
disability fund for amounts paid out of the fund by reason of enactment of Pub. L. 85–465, set out in the 1958
Increase in Annuities note under this section, and the
Bureau of the Budget to submit such estimates annually to the Congress.
ANNUITY OF DIRECTOR OF FBI
Pub. L. 86–734, § 5, Sept. 8, 1960, 74 Stat. 868, provided
that: ‘‘Any person who shall retire for age after serving
at least thirty years as Director of the Federal Bureau
of Investigation shall receive an annuity during the remainder of his life equal to the salary payable to him
at the time of his retirement.’’
NATIONAL GUARD TECHNICIANS
Amendment by Pub. L. 90–486 not applicable to persons employed prior to Jan. 1, 1969, whose employment
was covered by the civil service retirement provisions
of section 8331 et seq. of this title, see section 5(d) of
Pub. L. 90–486, set out as a note under section 709 of
Title 32, National Guard.

§ 8340. Cost-of-living adjustment of annuities
(a) For the purpose of this section—
(1) the term ‘‘base quarter’’, as used with respect to a year, means the calendar quarter
ending on September 30, of such year; and
(2) the price index for a base quarter is the
arithmetical mean of such index for the 3
months comprising such quarter.
(b) Except as provided in subsection (c) of this
section, effective December 1 of each year, each
annuity payable from the Fund having a commencing date not later than such December 1
shall be increased by the percent change in the
price index for the base quarter of such year
over the price index for the base quarter of the

§ 8340

preceding year in which an adjustment under
this subsection was made, adjusted to the nearest 1⁄10 of 1 percent.
(c) Eligibility for an annuity increase under
this section is governed by the commencing date
of each annuity payable from the Fund as of the
effective date of an increase, except as follows:
(1) The first increase (if any) made under
subsection (b) of this section to an annuity
which is payable from the Fund to an employee or Member who retires, to the widow,
widower, or former spouse,1 of a deceased employee or Member, or to the widow, widower,
former spouse, or insurable interest designee
of a deceased annuitant whose annuity has not
been increased under this subsection or subsection (b) of this section, shall be equal to the
product (adjusted to the nearest 1⁄10 of 1 percent) of—
(A) 1⁄12 of the applicable percent change
computed under subsection (b) of this section, multiplied by
(B) the number of months (not to exceed 12
months, counting any portion of a month as
a month)—
(i) for which the annuity was payable
from the Fund before the effective date of
the increase, or
(ii) in the case of a widow, widower,
former spouse, or insurable interest designee of a deceased annuitant whose annuity has not been so increased, since the annuity was first payable to the deceased annuitant.
(2) Effective from its commencing date, an
annuity payable from the Fund to an annuitant’s survivor (except a child entitled under
section 8341(e) of this title), which annuity
commences the day after the death of the annuitant and after the effective date of the first
increase under this section, shall be increased
by the total percent increase the annuitant
was receiving under this section at death.
However, the increase in a survivor annuity
authorized by section 8 of the Act of May 29,
1930, as amended to July 6, 1950, shall be computed as if the annuity commencing date had
been the effective date of the first increase
under this section.
(3) For the purpose of computing the annuity
of a child under section 8341(e) of this title
that commences after October 31, 1969, the
items $900, $1,080, $2,700, and $3,240 appearing
in section 8341(e) of this title shall be increased by the total percent increases allowed
and in force under this section on or after such
day and, in case of a deceased annuitant, the
items 60 percent and 75 percent appearing in
section 8341(e) of this title shall be increased
by the total percent allowed and in force to
the annuitant under this section on or after
such day.
(d) This section does not authorize an increase
in an additional annuity purchased at retirement by voluntary contributions.
(e) The monthly installment of annuity after
adjustment under this section shall be rounded
to the next lowest dollar. However, the monthly
1 So

in original. The comma probably should not appear.

Page 941

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

section (a) shall not be effective, in the case of
a former spouse, to the extent that it is inconsistent with any joint waiver previously executed with respect to such former spouse under
section 8416(a).
(f)(1) Any amount under section 8442(b)(1)(A)
which would otherwise be payable to a widow or
widower based on the service of another individual shall be paid (in whole or in part) by the Office to a former spouse of such individual if and
to the extent expressly provided for in the terms
of a court decree of divorce, annulment, or legal
separation, or the terms of a court order or
court-approved property settlement incident to
any decree of divorce, annulment, or legal separation.
(2) Paragraph (1) shall apply only to payments
made by the Office after the date of receipt in
the Office of written notice of such decree,
order, or agreement, and such additional information and documentation as the Office may
prescribe.
(g) Any payment under this section to a person bars recovery by any other person.
(h)(1) Subsection (c)(2) (to the extent that it
provides for termination of a survivor annuity
because of a remarriage before age 55) shall not
apply if the former spouse was married for at
least 30 years to the individual on whose service
the survivor annuity is based.
(2) A remarriage described in paragraph (1)
shall not be taken into account for purposes of
section 8419(b)(1)(B) or any other provision of
this chapter which the Office may by regulation
identify in order to carry out the purposes of
this subsection.
(Added Pub. L. 99–335, title I, § 101(a), June 6,
1986, 100 Stat. 564; amended Pub. L. 105–61, title
V, § 518(b)(2), Oct. 10, 1997, 111 Stat. 1308.)
AMENDMENTS
1997—Subsec. (c)(2). Pub. L. 105–61, § 518(b)(2)(B), substituted ‘‘except as provided in subsection (h), shall’’
for ‘‘shall’’.
Subsec. (h). Pub. L. 105–61, § 518(b)(2)(A), added subsec.
(h).
EFFECTIVE DATE OF 1997 AMENDMENT
Amendment by Pub. L. 105–61 applicable with respect
to remarriages occurring on or after Jan. 1, 1995, see
section 518(c) of Pub. L. 105–61, set out as a note under
section 8341 of this title.

SUBCHAPTER V—DISABILITY BENEFITS
§ 8451. Disability retirement
(a)(1)(A) An employee who completes at least
18 months of civilian service creditable under
section 8411 and has become disabled shall be retired on the employee’s own application or on
application by the employee’s agency.
(B) For purposes of this subsection, an employee shall be considered disabled only if the
employee is found by the Office to be unable, because of disease or injury, to render useful and
efficient service in the employee’s position.
(2)(A) Notwithstanding paragraph (1), an employee shall not be eligible for disability retirement under this section if the employee has declined a reasonable offer of reassignment to a
vacant position in the employee’s agency for
which the employee is qualified if the position—

§ 8452

(i) is at the same grade (or pay level) as the
employee’s most recent grade (or pay level) or
higher;
(ii) is within the employee’s commuting
area; and
(iii) is one in which the employee would be
able to render useful and efficient service.
(B) An employee who is applying for disability
retirement under this subchapter shall be considered for reassignment by the employee’s
agency to a vacant position described in subparagraph (A) in accordance with such procedures as the Office shall by regulation prescribe.
(C) An employee is entitled to appeal to the
Merit Systems Protection Board under section
7701 any determination that the employee is not
unable, because of disease or injury, to render
useful and efficient service in a position to
which the employee has declined reassignment
under this section.
(D) For purposes of subparagraph (A), an employee of the United States Postal Service shall
not be considered qualified for a position if such
position is in a different craft or if reassignment
to such position would be inconsistent with the
terms of a collective-bargaining agreement covering the employee.
(b) A Member who completes at least 18
months of service as a Member and is found by
the Office to be disabled for useful and efficient
service as a Member because of disease or injury
shall be retired on the Member’s own application.
(c) An employee or Member retiring under this
section is entitled to an annuity computed
under section 8452.
(Added Pub. L. 99–335, title I, § 101(a), June 6,
1986, 100 Stat. 565.)
§ 8452. Computation of disability annuity
(a)(1)(A) Except as provided in paragraph (2),
or subsection (b), (c), or (d), the annuity of an
annuitant under this subchapter—
(i) for the period beginning on the date on
which such annuity commences, or is restored
(as described in section 8455(b)(2) or (3)), and
ending at the end of the twelfth month beginning on or after such date, shall be equal to 60
percent of the annuitant’s average pay; and
(ii) after the end of the period referred to in
clause (i), shall be equal to 40 percent of the
annuitant’s average pay.
(B) An annuity computed under this paragraph—
(i) shall not, during any period referred to in
subparagraph (A)(i), be adjusted under section
8462; but
(ii) shall, after the end of any period referred
to in subparagraph (A)(i), be adjusted to reflect all adjustments made under section
8462(b) after the end of the period referred to
in subparagraph (A)(i), whether the amount
actually payable to the annuitant under this
section in any month is determined under this
subsection or otherwise.
(2)(A) For any month in which an annuitant is
entitled both to an annuity under this subchapter as computed under paragraph (1) and to
a disability insurance benefit under section 223

§ 8452

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

of the Social Security Act, the annuitant’s annuity for such month (as so computed) shall—
(i) if such month occurs during a period referred to in paragraph (1)(A)(i), be reduced by
100 percent of the annuitant’s assumed disability insurance benefit for such month; or
(ii) if such month occurs other than during a
period referred to in paragraph (1)(A)(i), be reduced by 60 percent of the annuitant’s assumed disability insurance benefit for such
month;
except that an annuity may not be reduced
below zero by reason of this paragraph.
(B)(i) For purposes of this paragraph, the assumed disability insurance benefit of an annuitant for any month shall be equal to—
(I) the amount of the disability insurance
benefit to which the annuitant is entitled
under section 223 of the Social Security Act
for the month in which the annuity under this
subchapter commences, or is restored, or, if no
entitlement to such disability insurance benefits exists for such month, the first month
thereafter for which the annuitant is entitled
both to an annuity under this subchapter and
disability insurance benefits under section 223
of the Social Security Act, adjusted by
(II) all adjustments made under section
8462(b) after the end of the period referred to
in paragraph (1)(A)(i) (or, if later, after the end
of the month preceding the first month for
which the annuitant is entitled both to an annuity under this subchapter and disability insurance benefits under section 223 of the Social Security Act) and before the start of the
month involved (without regard to whether
the annuitant’s annuity was affected by any of
those adjustments).
(ii) For purposes of applying section 224 of the
Social Security Act to the assumed disability
insurance benefit used to compute the reduction
under this paragraph, the amount of the annuity
under this subchapter which is considered shall
be the amount of the annuity as determined before the application of this paragraph.
(3) Section 8462 shall apply with respect to
amounts under this subsection only as provided
in paragraphs (1) and (2).
(b)(1) Except as provided in subsection (d), if
an annuitant is entitled to an annuity under
this subchapter as of the day before the date of
the sixty-second anniversary of the annuitant’s
birth (hereinafter in this section referred to as
the annuitant’s ‘‘redetermination date’’), such
annuity shall be redetermined by the Office in
accordance with paragraph (2). Effective as of
the annuitant’s redetermination date, the annuity (as so redetermined) shall be in lieu of any
annuity to which such annuitant would otherwise be entitled under this subchapter.
(2)(A) An annuity redetermined under this
subsection shall be equal to the amount of the
annuity to which the annuitant would be entitled under section 8415, taking into account the
provisions of subparagraph (B).
(B) In performing a computation under this
paragraph—
(i) creditable service of an annuitant shall be
increased by including any period (or periods)
before the annuitant’s redetermination date

Page 942

during which the annuitant was entitled to an
annuity under this subchapter; and
(ii) the average pay which would otherwise
be used shall be adjusted to reflect all adjustments made under section 8462(b) with respect
to any period (or periods) referred to in clause
(i) (without regard to whether the annuitant’s
annuity was affected by any of those adjustments).
(c) Except as provided in subsection (d), the
annuity of an annuitant under this subchapter
shall be computed under section 8415 if—
(1) such annuity commences, or is restored,
beginning on or after the redetermination date
of the annuitant; or
(2) as of the day on which such annuity commences, or is restored, the annuitant satisfies
the age and service requirements for entitlement to an annuity under section 8412 (other
than subsection (g) of such section).
(d)(1) The annuity to which an annuitant is entitled under this section (after the reduction
under subsection (a)(2), if applicable, has been
made) shall not be less than the amount of an
annuity computed under section 8415 (excluding
subsection (g) of such section).
(2) In applying this subsection with respect to
any annuitant, the amount of an annuity so
computed under section 8415 shall be adjusted
under section 8462 (including subsection (c)
thereof)—
(A) to the same extent, and otherwise in the
same manner, as if it were an annuity—
(i) subject to adjustment under such section; and
(ii) with a commencement date coinciding
with the date the annuitant’s annuity commenced or was restored under this subchapter, as the case may be; and
(B) whether the amount actually payable to
the annuitant under this section in any month
is determined under this subsection or otherwise.
(Added Pub. L. 99–335, title I, § 101(a), June 6,
1986, 100 Stat. 566; amended Pub. L. 99–556, title
I, §§ 104, 106, Oct. 27, 1986, 100 Stat. 3131, 3132;
Pub. L. 100–238, title I, § 122(a)–(c), Jan. 8, 1988,
101 Stat. 1753, 1754; Pub. L. 108–176, title II,
§ 226(b)(2)(B), Dec. 12, 2003, 117 Stat. 2530.)
REFERENCES IN TEXT
Sections 223 and 224 of the Social Security Act, referred to in subsec. (a)(2), are classified to sections 423
and 424a, respectively, of Title 42, The Public Health
and Welfare.
AMENDMENTS
2003—Subsec. (d)(1). Pub. L. 108–176 substituted ‘‘subsection (g)’’ for ‘‘subsection (f)’’.
1988—Subsec. (a)(1)(B). Pub. L. 100–238, § 122(c)(2)(A),
amended subpar. (B) generally. Prior to amendment,
subpar. (B) read as follows: ‘‘An annuity computed
under this paragraph shall not, for purposes of any adjustment under section 8462 (including any adjustment
under subsection (c)(1) of such section), be considered
to have commenced until after such annuity ceases to
be determined under subparagraph (A)(i).’’
Subsec. (a)(2)(B)(i). Pub. L. 100–238, § 122(a), amended
cl. (i) generally. Prior to amendment, cl. (i) read as follows: ‘‘For purposes of this paragraph, the assumed disability insurance benefit of an annuitant for any month
shall be equal to—

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TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

‘‘(I) the amount of the disability insurance benefit
to which the annuitant would have been entitled
under section 223 of the Social Security Act for the
month in which the annuity under this subchapter
commenced, or was restored, determined as if such
annuitant had then satisfied all requirements for entitlement to a benefit under such section, adjusted by
‘‘(II) all adjustments made under section 8462(b) between the date on which the annuity commenced, or
was restored, and the start of the month involved
(without regard to whether the annuitant’s annuity
was affected by any of those adjustments).
For purposes of computing the assumed disability insurance benefit, the month in which the annuitant’s
disability began (as determined under section
216(i)(2)(C) of the Social Security Act) shall be the
month in which the annuity commenced or, if earlier
(and if a determination was actually made) the month
determined under such section.’’
Subsec. (a)(3). Pub. L. 100–238, § 122(c)(2)(B), added par.
(3).
Subsec. (b). Pub. L. 100–238, § 122(b), amended subsec.
(b) generally, substituting pars. (1) and (2) for former
pars. (1) to (4).
Subsec. (d). Pub. L. 100–238, § 122(c)(1), designated existing provisions as par. (1) and added par. (2).
1986—Subsec. (b)(3). Pub. L. 99–556, § 106, substituted
‘‘(a)(1)(A)(i)’’ for ‘‘(a)(1)(A)’’ in second sentence.
Subsec. (d). Pub. L. 99–556, § 104, inserted ‘‘(after the
reduction under subsection (a)(2), if applicable, has
been made)’’.
EFFECTIVE DATE OF 2003 AMENDMENT
Amendment by Pub. L. 108–176 effective on 60th day
after Dec. 12, 2003, and applicable with respect to any
annuity entitlement based on an individual’s separation from service occurring on or after such effective
date, and any service performed by any such individual
before, on, or after such effective date, subject to special rule relating to deposit requirement, see section
226(c) of Pub. L. 108–176, set out as a note under section
8401 of this title.
EFFECTIVE DATE OF 1988 AMENDMENT
Section 122(d) of Pub. L. 100–238 provided that: ‘‘The
amendments made by this section [amending this section] shall be effective as of January 1, 1987, as if they
had been enacted as part of the Federal Employees’ Retirement System Act of 1986 (Public Law 99–335; 100
Stat. 514 and following).’’

§ 8453. Application
A claim may be allowed under this subchapter
only if application is filed with the Office before
the employee or Member is separated from the
service or within 1 year thereafter. This time
limitation may be waived by the Office for an
employee or Member who, at the date of separation from service or within 1 year thereafter, is
mentally incompetent if the application is filed
with the Office within 1 year from the date of
restoration of the employee or Member to competency or the appointment of a fiduciary,
whichever is earlier.
(Added Pub. L. 99–335, title I, § 101(a), June 6,
1986, 100 Stat. 568.)
§ 8454. Medical examination
An annuitant receiving a disability retirement
annuity from the Fund shall be examined under
the direction of the Office—
(1) at the end of 1 year from the date of the
disability retirement; and
(2) annually thereafter until becoming 60
years of age;

§ 8456

unless the disability is permanent in character.
If the annuitant fails to submit to examination
as required by this section, payment of the annuity shall be suspended until continuance of
the disability is satisfactorily established.
(Added Pub. L. 99–335, title I, § 101(a), June 6,
1986, 100 Stat. 568.)
§ 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.)
§ 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—