a member or former member of a uniformed service; and
(D)
an individual employed by the government of the District of Columbia;
(2)
“annuity” means a retirement benefit, including a disability insurance benefit and a dependent’s or survivor’s benefit under subchapter II of chapter 7 of title 42, and a monthly annuity under section 228b or 228e of title 45, payable by an agency of the Government of the United States or the government of the District of Columbia on the basis of service as a civilian employee and other service which is creditable to an employee toward the benefit under the statute, regulation, or agreement which provides the benefit, but does not include—
(A)
a benefit provided under statutes administered by the Department of Veterans Affairs;
(B)
pay or compensation which may not be diminished under section 1 of Article III of the Constitution of the United States;
(C)
section 416(i) of title 42 that portion of a benefit payable under subchapter II of chapter 7 of title 42 which would be payable without taking into account, for any of the purposes of that subchapter, including determinations of periods of disability under , pay for services as an employee;
(D)
section 228c(e) of title 45 monthly annuity awarded under section 228b or 228e of title 45 before , whether or not computed under ;
(E)
section 228c–1 of title 45 that portion of an annuity awarded under section 228b or 228e of title 45 after , which would be payable without taking into account military service creditable under ;
(F)
a retirement benefit, including a disability insurance benefit and a dependent’s or survivor’s benefit under subchapter II of chapter 7 of title 42, awarded before , to an individual or his survivor or beneficiary, insofar as the individual, before —
(i)
section 8312 of this title was convicted of an offense named by subsection (b) of , to the extent provided by that subsection; or
(ii)
violated section 8314 or 8315(a)(1) of this title; or
(G)
a retirement benefit, including a disability insurance benefit and a dependent’s or survivor’s benefit under subchapter II of chapter 7 of title 42, awarded before , to an individual or his survivor or beneficiary, insofar as the individual, before —
(i)
section 8312 of this title was convicted of an offense named by subsection (c) of , to the extent provided by that subsection; or
67 Stat. 504 “retired pay” means retired pay, retirement pay, retainer pay, or equivalent pay, payable under a statute to a member or former member of a uniformed service, and an annuity payable to an eligible beneficiary of the member or former member under chapter 73 of title 10 or section 5 of the Uniformed Services Contingency Option Act of 1953 (), but does not include—
(A)
a benefit provided under statutes administered by the Department of Veterans Affairs;
(B)
retired pay, retirement pay, retainer pay, or equivalent pay, awarded before , to an individual, insofar as the individual, before —
(i)
section 8312 of this title was convicted of an offense named by subsection (b) of , to the extent provided by that subsection; or
(ii)
violated section 8314 or 8315(a)(1) of this title;
(C)
retired pay, retirement pay, retainer pay, or equivalent pay, awarded before , to an individual, insofar as the individual, before —
(i)
section 8312 of this title was convicted of an offense named by subsection (c) of , to the extent provided by that subsection; or
67 Stat. 504 an annuity payable to an eligible beneficiary of an individual under chapter 73 of title 10 or section 5 of the Uniformed Services Contingency Option Act of 1953 (), if the annuity was awarded to the beneficiary, or if retired pay was awarded to the individual, before , insofar as the individual, on the basis of whose service the annuity was awarded, before —
(i)
section 8312 of this title was convicted of an offense named by , to the extent provided by that section; or
section 2105 of this titleIn paragraph (1)(A), the words “an employee as defined by ” are coextensive with and substituted for “an officer or employee in or under the legislative, executive, or judicial branch of the Government of the United States”.
In paragraph (1)(B), the reference to “Resident Commissioner” is omitted as included in “Member of Congress” in view of the definition of “Member of Congress” in section 2106.
In paragraph (1)(C), the words “uniformed service” are coextensive with and substituted for “armed forces, the Coast and Geodetic Survey, or the Public Health Service” in view of the definition of “uniformed services” in section 2101.
In paragraph (3), the words “uniformed service” are coextensive with and substituted for “armed forces, the Coast and Geodetic Survey, and the Public Health Service” in view of the definition of “uniformed services” in section 2101.
The definition of “armed forces” in former section 2281(4) is omitted as unnecessary in view of the definition of “armed forces” in section 2101.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Editorial Notes
References in Text
Subchapter II of chapter 7 of title 42, referred to in par. (2), is classified to section 401 et seq. of Title 42, The Public Health and Welfare.
Pub. L. 93–44588 Stat. 1305Sections 228b, 228c(e), 228c–1, and 228e of title 45, referred to in par. (2), are references to sections 2, 3(e), 4, and 5 of the Railroad Retirement Act of 1937. That Act was amended in its entirety and completely revised by , , . The Act, as thus amended and revised, was redesignated the Railroad Retirement Act of 1974, and is classified to subchapter IV (section 231 et seq.) of chapter 9 of Title 45, Railroads.
67 Stat. 504section 1438 of Title 10Section 5 of the Uniformed Services Contingency Option Act of 1953 (), referred to in text, is covered by , Armed Forces.
Amendments
Pub. L. 102–541991—Pars. (2)(A), (3)(A). substituted “Department of Veterans Affairs” for “Veterans’ Administration”.