5 U.S.C. § 8335

Standard changes are made to conform with the definitions applicable and style of this title as outlined in the preface to the report.

Editorial Notes

References in Text

section 2109 of this titleFor definition of Secretary, referred to in subsec. (a), see .

Pub. L. 110–161, div. E, title V, § 535(a)(1)(A)Dec. 26, 2007121 Stat. 2075Section 8331(29)(A), referred to in subsec. (a), was redesignated as section 8331(30)(A) by , , .

Amendments

Pub. L. 111–259, § 444(a)(2)section 2005(a)(2) of Pub. L. 108–458September 30, 20072010—Subsec. (b)(2). , struck out par. (2) added by which read as follows: “In the case of employees of the Federal Bureau of Investigation, the second sentence of paragraph (1) shall be applied by substituting ‘65 years of age’ for ‘60 years of age’. The Federal Bureau of Investigation may not grant more than 50 exemptions in any fiscal year in accordance with the preceding sentence, and the authority to grant such exemptions shall cease to be available after .”

Pub. L. 111–259, § 444(a)(1)Dec. 31, 2009, amended par. (2) relating to employees of the Federal Bureau of Investigation and providing that authority to grant exemptions shall cease to be available after , by substituting “2011” for “2009”.

Pub. L. 110–1612007—Subsec. (b)(1). substituted “nuclear materials courier, or customs and border protection officer” for “or nuclear materials courier” in first sentence.

Pub. L. 108–447, § 112(a)(1)Pub. L. 108–458, § 2005(a)(1)2004—Subsec. (b). , and , amended subsec. (b) identically, designating existing provisions as par. (1).

Pub. L. 108–458, § 2005(a)(2)Sept. 30, 2007Subsec. (b)(2). , added par. (2) relating to employees of the Federal Bureau of Investigation, limiting number of exemptions to 50 per fiscal year, and providing that authority to grant such exemptions shall cease to be available after .

Pub. L. 108–447, § 112(a)(2)Dec. 31, 2009, added par. (2) relating to employees of the Federal Bureau of Investigation and providing that authority to grant exemptions shall cease to be available after .

Pub. L. 108–1762003—Subsec. (a). inserted at end “For purposes of this subsection, the term ‘air traffic controller’ or ‘controller’ has the meaning given to it under section 8331(29)(A).”

Pub. L. 108–7 substituted “8336(e)” for “8336”.

Pub. L. 107–672001—Subsec. (a). inserted before period at end of first sentence “or completes the age and service requirements for an annuity under section 8336, whichever occurs later”.

Pub. L. 107–27Subsec. (b). struck out first sentence which read “A firefighter who is otherwise eligible for immediate retirement under section 8336(c) shall be separated from the service on the last day of the month in which such firefighter becomes 55 years of age or completes 20 years of service if then over that age.” and, in second sentence, inserted “, firefighter,” after “law enforcement officer” and “that officer”.

Pub. L. 106–5542000—Subsec. (c). redesignated subsec. (d) as (c) and struck out former subsec. (c) which read as follows: “An employee of the Alaska Railroad in Alaska and an employee who is a citizen of the United States employed on the Isthmus of Panama by the Panama Canal Commission, who becomes 62 years of age and completes 15 years of service in Alaska or on the Isthmus of Panama shall be automatically separated from the service. The separation is effective on the last day of the month in which the employee becomes age 62 or completes 15 years of service in Alaska or on the Isthmus of Panama if then over that age. The employing office shall notify the employee in writing of the date of separation at least 60 days in advance thereof. Action to separate the employee is not effective, without the consent of the employee, until the last day of the month in which the 60-day notice expires.”

Pub. L. 106–554, § 1(a)(4) [div. B, title I, § 141(a)(2)]Subsec. (d). , redesignated subsec. (e) as (d). Former subsec. (d) redesignated (c).

Pub. L. 106–554, § 1(a)(4) [div. B, title I, § 141(a)(2)]Subsec. (e). , redesignated subsec. (e) as (d).

Pub. L. 106–553, § 1(a)(2) [title III, § 308(b)(2)(A)], added subsec. (e). Former subsec. (e) redesignated (f).

Pub. L. 106–553Subsec. (f). redesignated subsec. (e) as (f) and substituted “Police or the Supreme Court Police)” for “Police)”.

Pub. L. 105–2611998—Subsec. (b). , in second sentence, inserted “or nuclear materials courier” after “law enforcement officer” and “or courier, as the case may be,” after “that officer”.

Pub. L. 103–2831994—Subsec. (d). substituted “57” for “55” in first sentence.

Pub. L. 102–378section 8336(c) of this title1992—Subsec. (b). amended first sentence generally. Prior to amendment, first sentence read as follows: “A firefighter who is otherwise eligible for immediate retirement under shall be separated from the service on the last day of the month in which he becomes 55 years of age or completes 20 years of service if then over that age.”

Pub. L. 101–509, § 529 [title IV, § 409(a)(1)]1990—Subsec. (b). , which directed that “law enforcement officer of a” be struck out before “firefighter who is”, was executed by striking out “law enforcement officer or a” as the probable intent of Congress.

Pub. L. 101–509, § 529 [title IV, § 409(a)(2)], inserted after first sentence “A law enforcement officer who is otherwise eligible for immediate retirement under section 8336(c) shall be separated from the service on the last day of the month in which that officer becomes 57 years of age or completes 20 years of service if then over that age.”

Pub. L. 101–428, § 2(b)(1)(A)Subsec. (d). , added subsec. (d). Former subsec. (d) redesignated (e).

Pub. L. 101–428, § 2(b)(2)Subsec. (e). , inserted “(other than a member of the Capitol Police)” after “employee”.

Pub. L. 101–428, § 2(b)(1)(A), redesignated subsec. (d) as (e).

Pub. L. 96–3471980—Subsec. (a). substituted “Secretary” for “Secretary of Transportation” in two places.

Pub. L. 96–70Pub. L. 95–2561979—Subsec. (c). , which directed substitution of “Panama Canal Commission” for “Panama Canal Company or the Canal Zone Government” in subsec. (e), was executed to subsec. (c) to reflect the probable intent of Congress and which struck out subsec. (e) and restated provisions thereof in subsec. (c).

Pub. L. 95–256, § 5(c)(1)1978—Subsec. (a). , (2), redesignated subsec. (f) as (a). Former subsec. (a), relating to mandatory separation when an employee became 70 years of age and completed 15 years of service, was struck out.

Pub. L. 95–256, § 5(c)(1)Subsec. (b). , (2), redesignated subsec. (g) as (b). Former subsec. (b), relating to notice by employing office of date of separation, was struck out.

Pub. L. 95–256, § 5(c)(1)Subsec. (c). , (3), added subsec. (c) relating to provisions covered by former subsec. (e). Former subsec. (c), relating to exemption of an employee from automatic separation by President, was struck out. See subsec. (d).

Pub. L. 95–256, § 5(c)(1)Subsec. (d). , (3), added subsec. (d). Former subsec. (d), relating to inapplicability of automatic separation provisions of this section, was struck out.

Pub. L. 95–256, § 5(c)(1)Subsec. (e). , struck out subsec. (e) which related to applicability of provisions to employees of Alaskan Railroad, Panama Canal Company, and Canal Zone Government. See subsec. (c).

Pub. L. 95–256, § 5(c)(2)Subsecs. (f), (g). , redesignated subsecs. (f) and (g) as (a) and (b), respectively.

Pub. L. 93–3501974—Subsec. (g). added subsec. (g).

Pub. L. 92–2971972—Subsec. (f). added subsec. (f).

Statutory Notes and Related Subsidiaries

Effective Date of 2007 Amendment; Transition Rules

Pub. L. 110–161June 30, 2008Dec. 26, 2007section 535(e) of Pub. L. 110–161section 3307 of this titleAmendment by effective on the later of , or the first day of the first pay period beginning at least 6 months after , with transition rules and rights of election, see , set out as a note under .

Effective Date of 2003 Amendments

Pub. L. 108–176Dec. 12, 2003section 226(c) of Pub. L. 108–176section 8401 of this titleAmendment by effective on 60th day after , 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 , set out as a note under .

Pub. L. 108–7, div. J, title VI, § 648(b)Feb. 20, 2003117 Stat. 474

Effective Date of 2001 Amendment

Pub. L. 107–67, title VI, § 640(b)Nov. 12, 2001115 Stat. 554

Effective Date of 2000 Amendment

Pub. L. 106–553Dec. 21, 2000Dec. 21, 2000Pub. L. 106–553section 8331 of this titleAmendment by effective on the first day of the first applicable pay period that begins on , and applicable only to an individual who is employed as a member of the Supreme Court Police after , see section 1(a)(2) [title III, § 308(i), (j)] of , set out in a Supreme Court Police Retirement note under .

Effective Date of 1998 Amendment

Pub. L. 105–261Oct. 17, 1998Oct. 17, 1998Pub. L. 105–261section 8331 of this titleAmendment by effective 1 year after , and applicable only to an individual who is employed as a nuclear materials courier, as defined by section 8331(27) or 8401(33) of this title, after , see section 3154(m), (n) of , set out as a note under .

Effective Date of 1992 Amendment

section 2(60) of Pub. L. 102–378Nov. 5, 1990section 9(b)(6) of Pub. L. 102–378section 6303 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1990 Amendments

Pub. L. 101–509

Section 2(b)(1)(B) of Pub. L. 101–428

Effective Date of 1980 Amendment

Pub. L. 96–347Sept. 12, 1980section 3 of Pub. L. 96–347section 2109 of this titleAmendment by effective on 90th day after , see , set out as a note under .

Effective Date of 1979 Amendment

Pub. L. 96–70Oct. 1, 1979section 3304 of Pub. L. 96–70section 3601 of Title 22Amendment by effective , see , set out as an Effective Date note under , Foreign Relations and Intercourse.

Effective Date of 1978 Amendment

Pub. L. 95–256Sept. 30, 1978section 5(f) of Pub. L. 95–256section 633a of Title 29Amendment by effective , see , set out as a note under , Labor.

Effective Date of 1974 Amendment

Pub. L. 93–350Jan. 1, 1978section 7 of Pub. L. 93–350section 3307 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1972 Amendment

Pub. L. 92–297May 16, 1972section 10 of Pub. L. 92–297section 3381 of this titleAmendment by effective on 90th day after , see , set out as an Effective Date note under .

Exemption Process To Delay Mandatory Retirement for Air Traffic Controllers

Pub. L. 108–199, div. F, title IJan. 23, 2004118 Stat. 282

January 1, 1987Nonapplicability of Subsection (a) to Air Traffic Controllers Appointed Before

Pub. L. 99–556, title V, § 504Oct. 27, 1986100 Stat. 3141

September 12, 1980Nonapplicability of Subsection (a) to Department of Defense Air Traffic Controllers Appointed Before

Section 2 of Pub. L. 96–347

May 16, 1972Nonapplicability of Subsection (f) to Air Traffic Controllers Appointed Before

Section 8 of Pub. L. 92–297