section 8312 of this title When payment of annuity or retired pay is denied under this subchapter because an individual was convicted of an offense named by , to the extent provided by that section, or violated section 8314 or 8315 of this title—
the amount, except employment taxes, contributed by the individual toward the annuity, less the amount previously refunded or paid as annuity benefits; and
section 1438 of title 1067 Stat. 504 deposits made under or section 5 of the Uniformed Services Contingency Option Act of 1953 () to provide the eligible beneficiary with annuity for any period, less the amount previously paid as retired pay benefits;
shall be refunded, on appropriate application therefor—
to the individual;
if the individual is dead, to the beneficiary designated to receive refunds by or under the statute, regulation, or agreement under which the annuity, the benefits of which are denied under this subchapter, would have been payable; or
section 8342(c) of this titlesection 2771 of title 10 if a beneficiary is not designated, in the order of precedence prescribed by or , as the case may be.
A refund under subsection (a) of this section shall be made with interest at the rate and for the period provided under the statute, regulation, or agreement under which the annuity would have been payable. However, interest may not be computed—
section 8312(b) of this title if the individual was convicted of an offense named by , or violated section 8314 or 8315(a)(1) of this title, for the period after the conviction or commission of the violation, or after , whichever is later; or
section 8312(c) of this titlesection 8315(a)(2) of this title if the individual was convicted of an offense named by , or violated , for the period after the conviction or commission of the violation, or after , whichever is later.
Pub. L. 89–55480 Stat. 563(, , .)
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Historical and Revision Notes |
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Derivation | U.S. Code | Revised Statutes and Statutes at Large |
| 5 U.S.C. 2284(a), (b). | Sept. 26, 1961, Pub. L. 87–299, § 1 “Sec. 4(a), (b)”, 75 Stat. 644. |
| Sept. 26, 1961, Pub. L. 87–299, § 1 “Sec. 5(b)”, 75 Stat. 645. | |
This section is reorganized for clarity and conciseness.
section 3282 of Title 18The words “and ” in former section 2284(a) are omitted as unnecessary.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Editorial Notes
References in Text
67 Stat. 504section 1438 of Title 10Section 5 of the Uniform Services Contingency Option Act of 1953 (), referred to in text, is covered by , Armed Forces.