5 U.S.C. § 8336 | Immediate retirement

(a)

An employee who is separated from the service after becoming 55 years of age and completing 30 years of service is entitled to an annuity.

(b)

An employee who is separated from the service after becoming 60 years of age and completing 20 years of service is entitled to an annuity.

(c)

(1)

An employee who is separated from the service after becoming 50 years of age and completing 20 years of service as a law enforcement officer, firefighter, nuclear materials courier, or customs and border protection officer, or any combination of such service totaling at least 20 years, is entitled to an annuity.

(2)

An employee is entitled to an annuity if the employee—

(A)

March 31, 1979September 30, 1979 was a law enforcement officer or firefighter employed by the Panama Canal Company or the Canal Zone Government at any time during the period beginning , and ending ; and

(B)

January 1, 2000 is separated from the service before , after becoming 48 years of age and completing 18 years of service as a law enforcement officer or firefighter, or any combination of such service totaling at least 18 years.

(3)

(A)

In this paragraph—

(i)

the term “affected individual” means an individual covered under this subchapter who—

(I)

is performing service in a covered position;

(II)

while on duty, becomes ill or is injured as a direct result of the performance of such duties before the date on which the individual becomes entitled to an annuity under paragraph (1) of this subsection or subsection (e), (m), or (n), as applicable;

(III)

because of the illness or injury described in subclause (II), is permanently unable to render useful and efficient service in the employee’s covered position, as determined by the agency in which the individual was serving when such individual incurred the illness or injury; and

(IV)

is appointed to a position in the civil service that—

(aa)

is not a covered position; and

(bb)

is within an agency that regularly appoints individuals to supervisory or administrative positions related to the activities of the former covered position of the individual;

(ii)

the term “covered position” means a position as a law enforcement officer, customs and border protection officer, firefighter, air traffic controller, nuclear materials courier, member of the Capitol Police, or member of the Supreme Court Police.

(B)

Unless an affected individual files an election described in subparagraph (E), creditable service by the affected individual in a position described in subparagraph (A)(i)(IV) shall be treated as creditable service in a covered position for purposes of this chapter and determining the amount to be deducted and withheld from the pay of the affected individual under section 8334.

(C)

Subparagraph (B) shall only apply if the affected employee transitions to a position described in subparagraph (A)(i)(IV) without a break in service exceeding 3 days.

(D)

The service of an affected individual shall no longer be eligible for treatment under subparagraph (B) if such service occurs after the individual—

(i)

is transferred to a supervisory or administrative position related to the activities of the former covered position of the individual; or

(ii)

meets the age and service requirements that would subject the individual to mandatory separation under section 8335 if such individual had remained in the former covered position.

(E)

In accordance with procedures established by the Director of the Office of Personnel Management, an affected individual may file an election to have any creditable service performed by the affected individual treated in accordance with this chapter without regard to subparagraph (B).

(F)

Nothing in this paragraph shall be construed to apply to such affected individual any other pay-related laws or regulations applicable to a covered position.

(d)

An employee who—

(1)

is separated from the service involuntarily, except by removal for cause on charges of misconduct or delinquency; or

(2)

(A)

has been employed continuously, by the agency in which the employee is serving, for at least the 31-day period ending on the date on which such agency requests the determination referred to in subparagraph (D);

(B)

is serving under an appointment that is not time limited;

(C)

has not been duly notified that such employee is to be involuntarily separated for misconduct or unacceptable performance;

(D)

1 So in original. Probably should be capitalized.

is separated from the service voluntarily during a period in which, as determined by the office  of Personnel Management (upon request of the agency) under regulations prescribed by the Office—

(i)

such agency (or, if applicable, the component in which the employee is serving) is undergoing substantial delayering, substantial reorganization, substantial reductions in force, substantial transfer of function, or other substantial workforce restructuring (or shaping);

(ii)

2 So in original. Probably should be “serving”.

a significant percentage of employees servicing  in such agency (or component) are likely to be separated or subject to an immediate reduction in the rate of basic pay (without regard to subchapter VI of chapter 53, or comparable provisions); or

(iii)

identified as being in positions which are becoming surplus or excess to the agency’s future ability to carry out its mission effectively; and

(E)

as determined by the agency under regulations prescribed by the Office, is within the scope of the offer of voluntary early retirement, which may be made on the basis of—

(i)

1 or more organizational units;

(ii)

1 or more occupational series or levels;

(iii)

1 or more geographical locations;

(iv)

specific periods;

(v)

skills, knowledge, or other factors related to a position; or

(vi)

any appropriate combination of such factors;

after completing 25 years of service or after becoming 50 years of age and completing 20 years of service is entitled to an annuity. For purposes of paragraph (1) of this subsection, separation for failure to accept a directed reassignment to a position outside the commuting area of the employee concerned or to accompany a position outside of such area pursuant to a transfer of function shall not be considered to be a removal for cause on charges of misconduct or delinquency. Notwithstanding the first sentence of this subsection, an employee described in paragraph (1) of this subsection is not entitled to an annuity under this subsection if the employee has declined a reasonable offer of another position in the employee’s agency for which the employee is qualified, which is not lower than 2 grades (or pay levels) below the employee’s grade (or pay level), and which is within the employee’s commuting area.

(e)

An employee who is voluntarily or involuntarily separated from the service, except by removal for cause on charges of misconduct or delinquency, after completing 25 years of service as an air traffic controller or after becoming 50 years of age and completing 20 years of service as an air traffic controller, is entitled to an annuity.

(f)

An employee who is separated from the service after becoming 62 years of age and completing 5 years of service is entitled to an annuity.

(g)

A Member who is separated from the service after becoming 62 years of age and completing 5 years of civilian service or after becoming 60 years of age and completing 10 years of Member service is entitled to an annuity. A Member who is separated from the service after becoming 55 years of age (but before becoming 60 years of age) and completing 30 years of service is entitled to a reduced annuity. A Member who is separated from the service, except by resignation or expulsion, after completing 25 years of service or after becoming 50 years of age and (1) completing 20 years of service or (2) serving in 9 Congresses is entitled to an annuity.

(h)

(1)

A member of the Senior Executive Service who is removed from the Senior Executive Service for less than fully successful executive performance (as determined under subchapter II of chapter 43 of this title) after completing 25 years of service or after becoming 50 years of age and completing 20 years of service is entitled to an annuity.

(2)

A member of the Defense Intelligence Senior Executive Service or the Senior Cryptologic Executive Service who is removed from such service for failure to be recertified as a senior executive or for less than fully successful executive performance after completing 25 years of service or after becoming 50 years of age and completing 20 years of service is entitled to an annuity.

(3)

A member of the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service who is removed from such service for failure to be recertified as a senior executive or for less than fully successful executive performance after completing 25 years of service or after becoming 50 years of age and completing 20 years of service is entitled to an annuity.

(i)

(1)

January 1, 2000March 31, 1979September 30, 1979 An employee of the Panama Canal Commission or of an Executive agency conducting operations in the Canal Zone or Republic of Panama who is separated from the service before , who was employed by the Canal Zone Government or the Panama Canal Company at any time during the period beginning , and ending , and who has had continuous Panama Canal service, without a break in service of more than 3 days, from that time until separation, is entitled to an annuity if the employee is separated—

(A)

involuntarily, after completing 20 years of service or after becoming 48 years of age and completing 18 years of service, if the separation is a result of the implementation of any provision of the Panama Canal Treaty of 1977 and related agreements; or

(B)

voluntarily, after completing 23 years of service or after becoming 48 years of age and completing 18 years of service.

(2)

January 1, 2000March 31, 1979September 30, 1979 An employee of the Panama Canal Commission or of an Executive agency conducting operations in the Canal Zone or Republic of Panama who is separated from the service before , who was employed, at a permanent duty station in the Canal Zone, by any Executive agency other than the Canal Zone Government or the Panama Canal Company at any time during the period beginning , and ending , and who has had continuous Panama Canal service, without a break in service of more than 3 days, from that time until separation, is entitled to an annuity if—

(A)

the employee is separated involuntarily, after completing 20 years of service or after becoming 48 years of age and completing 18 years of service; and

(B)

the separation is the result of the implementation of any provision of the Panama Canal Treaty of 1977 and related agreements.

(3)

September 30, 1979January 1, 2000 An employee of the Panama Canal Commission employed by that body after , who is separated from the Panama Canal Commission before , and who at the time of separation has a minimum of 11 years of continuous employment with the Commission (disregarding any break in service of 3 days or less) is entitled to an annuity if the employee is separated—

(A)

(B)

voluntarily, after completing 23 years of service or after becoming 48 years of age and completing 18 years of service.

(4)

For the purpose of this subsection—

(A)

“Panama Canal service” means—

(i)

service as an employee of the Canal Zone Government, the Panama Canal Company, or 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 the Republic of Panama; and

(B)

“Executive agency” includes the United States District Court for the District of the Canal Zone and the Smithsonian Institution.

(j)

(1)

Except as provided in paragraph (3), an employee is entitled to an annuity if he—

(A)

(i)

is separated from the service after completing 25 years of service or after becoming 50 years of age and completing 20 years of service, or

(ii)

is involuntarily separated, except by removal for cause on charges of misconduct or delinquency, during the 2-year period before the date on which he would meet the years of service and age requirements under clause (i),

(B)

December 21, 1972 was employed in the Bureau of Indian Affairs, the Indian Health Service, a tribal organization (to the extent provided in paragraph (2)), or any combination thereof, continuously from , to the date of his separation, and

(C)

is not entitled to preference under the Indian preference laws.

(2)

Employment in a tribal organization may be considered for purposes of paragraph (1)(B) of this subsection only if—

(A)

January 4, 1975 the employee was employed by the tribal organization after , and immediately before such employment he was an employee of the Bureau of Indian Affairs or the Indian Health Service, and

(B)

25 U.S.C. 450i(a)(2)3

3 See References in Text note below.

88 Stat. 2209 at the time of such employment such employee and the tribal organization were eligible to elect, and elected, to have the employee retain the coverage, rights, and benefits of this chapter under section 105(e)(2) of the Indian Self-Determination Act (;  ).

(3)

(A)

The provisions of paragraph (1) of this subsection shall not apply with respect to any separation of any employee which occurs after the date 10 years after—

(i)

the date the employee first meets the years of service and age requirements of paragraph (1)(A)(i), or

(ii)

the date of the enactment of this paragraph, if the employee met those requirements before that date.

(B)

For purposes of applying this paragraph with respect to any employee of the Bureau of Indian Affairs in the Department of the Interior or of the Indian Health Service in the Department of Health, Education, and Welfare, the Secretary of the department involved may postpone the date otherwise applicable under subparagraph (A) if—

(i)

such employee consents to such postponement, and

(ii)

the Secretary finds that such postponement is necessary for the continued effective operation of the agency.

The period of any postponement under this subparagraph shall not exceed 12 months and the total period of all postponements with respect to any employee shall not exceed 5 years.

(4)

For the purpose of this subsection—

(A)

“Bureau of Indian Affairs” means (i) the Bureau of Indian Affairs and (ii) all other organizational units in the Department of the Interior directly and primarily related to providing services to Indians and in which positions are filled in accordance with the Indian preference laws.

(B)

section 12 of the Act of June 18, 1934 25 U.S.C. 472 48 Stat. 986³ “Indian preference laws” means (; ), or any other provision of law granting a preference to Indians in promotions or other Federal personnel actions.

(k)

A bankruptcy judge, United States magistrate judge, or Court of Federal Claims judge who is separated from service, except by removal, after becoming 62 years of age and completing 5 years of civilian service, or after becoming 60 years of age and completing 10 years of service as a bankruptcy judge, United States magistrate judge, or Court of Federal Claims judge, is entitled to an annuity.

(l)

A judge of the United States Court of Appeals for the Armed Forces who is separated from the service after becoming 62 years of age and completing 5 years of civilian service or after completing the term of service for which he was appointed as a judge of such court is entitled to an annuity. A judge who is separated from the service before becoming 60 years of age is entitled to a reduced annuity.

(m)

A member of the Capitol Police who is separated from the service after becoming 50 years of age and completing 20 years of service as a member of the Capitol Police as a law enforcement officer, or as a customs and border protection officer, or any combination of such service totaling at least 20 years, is entitled to an annuity.

(n)

A member of the Supreme Court Police who is separated from the service after becoming 50 years of age and completing 20 years of service as a member of the Supreme Court Police as a law enforcement officer, or as a customs and border protection officer, or any combination of such service totaling at least 20 years, is entitled to an annuity.

(o)

section 8339 of this title An annuity or reduced annuity authorized by this section is computed under .

(p)

(1)

The Secretary of Defense may, during fiscal years 2002 and 2003, carry out a program under which an employee of the Department of Defense may be separated from the service entitled to an immediate annuity under this subchapter if the employee—

(A)

has—

(i)

completed 25 years of service; or

(ii)

become 50 years of age and completed 20 years of service; and

(B)

is eligible for the annuity under paragraph (2) or (3).

(2)

(A)

For the purposes of paragraph (1), an employee referred to in that paragraph is eligible for an immediate annuity under this paragraph if the employee—

(i)

is separated from the service involuntarily other than for cause; and

(ii)

has not declined a reasonable offer of another position in the Department of Defense for which the employee is qualified, which is not lower than 2 grades (or pay levels) below the employee’s grade (or pay level), and which is within the employee’s commuting area.

(B)

For the purposes of paragraph (2)(A)(i), a separation for failure to accept a directed reassignment to a position outside the commuting area of the employee concerned or to accompany a position outside of such area pursuant to a transfer of function may not be considered to be a removal for cause.

(3)

For the purposes of paragraph (1), an employee referred to in that paragraph is eligible for an immediate annuity under this paragraph if the employee satisfies all of the following conditions:

(A)

The employee is separated from the service voluntarily during a period in which the organization within the Department of Defense in which the employee is serving is undergoing a major organizational adjustment.

(B)

The employee has been employed continuously by the Department of Defense for more than 30 days before the date on which the head of the employee’s organization requests the determinations required under subparagraph (A).

(C)

The employee is serving under an appointment that is not limited by time.

(D)

The employee is not in receipt of a decision notice of involuntary separation for misconduct or unacceptable performance.

(E)

The employee is within the scope of an offer of voluntary early retirement, as defined on the basis of one or more of the following objective criteria:

(i)

One or more organizational units.

(ii)

One or more occupational groups, series, or levels.

(iii)

One or more geographical locations.

(iv)

Any other similar objective and nonpersonal criteria that the Office of Personnel Management determines appropriate.

(4)

Under regulations prescribed by the Office of Personnel Management, the determinations of whether an employee meets—

(A)

the requirements of subparagraph (A) of paragraph (3) shall be made by the Office, upon the request of the Secretary of Defense; and

(B)

the requirements of subparagraph (E) of such paragraph shall be made by the Secretary of Defense.

(5)

A determination of which employees are within the scope of an offer of early retirement shall be made only on the basis of consistent and well-documented application of the relevant criteria.

(6)

In this subsection, the term “major organizational adjustment” means any of the following:

(A)

A major reorganization.

(B)

A major reduction in force.

(C)

A major transfer of function.

(D)

A workforce restructuring—

(i)

to meet mission needs;

(ii)

to achieve one or more reductions in strength;

(iii)

to correct skill imbalances; or

(iv)

to reduce the number of high-grade, managerial, supervisory, or similar positions.

Pub. L. 89–554Sept. 6, 196680 Stat. 571 Pub. L. 90–83, § 1(75)Sept. 11, 196781 Stat. 214 Pub. L. 92–297, § 5May 16, 197286 Stat. 144 Pub. L. 92–382Aug. 14, 197286 Stat. 539 Pub. L. 93–39June 12, 197387 Stat. 73 Pub. L. 93–350, § 5July 12, 197488 Stat. 356 Pub. L. 94–183, § 2(40)Dec. 31, 197589 Stat. 1059 Pub. L. 95–454, title III, § 306Oct. 13, 197892 Stat. 1147 Pub. L. 96–70, title I, § 1241(a)Sept. 27, 197993 Stat. 471 Pub. L. 96–135, § 1(a)Dec. 5, 197993 Stat. 1056 Pub. L. 97–89, title VIII, § 803Dec. 4, 198195 Stat. 1161 Pub. L. 97–253, title III, § 308(a)Sept. 8, 198296 Stat. 798 Pub. L. 98–94, title XII, § 1256(b)Sept. 24, 198397 Stat. 701 Pub. L. 98–353, title I, § 116(c)July 10, 198498 Stat. 344 Pub. L. 98–531, § 2(b)Oct. 19, 198498 Stat. 2704 Pub. L. 98–615, title III, § 304(d)Nov. 8, 198498 Stat. 3219 Pub. L. 99–190, § 101(d) [title III, § 315]Dec. 19, 198599 Stat. 1224 Pub. L. 100–53, § 2(c)June 18, 1987101 Stat. 368 Pub. L. 100–325, § 2lMay 30, 1988102 Stat. 582 Pub. L. 101–194, title V, § 506(b)(7)Nov. 30, 1989103 Stat. 1758 Pub. L. 101–428, § 2(a)Oct. 15, 1990104 Stat. 928 Pub. L. 101–510, div. C, title XXXV, § 3506(a)Nov. 5, 1990104 Stat. 1846 Pub. L. 101–650, title IIIDec. 1, 1990104 Stat. 5110 Pub. L. 102–572, title IX, § 902(b)(2)Oct. 29, 1992106 Stat. 4516 Pub. L. 103–337, div. A, title IX, § 924(d)(1)(A)Oct. 5, 1994108 Stat. 2832 Pub. L. 105–261, div. A, title XI, § 1109(a)Oct. 17, 1998112 Stat. 2143 Pub. L. 106–58, title VI, § 651(b)Sept. 29, 1999113 Stat. 480 Pub. L. 106–398, § 1 [[div. A]Oct. 30, 2000114 Stat. 1654 Pub. L. 106–553, § 1(a)(2) [title III, § 308(b)(3)]Dec. 21, 2000114 Stat. 2762 Pub. L. 107–107, div. A, title X, § 1048(i)(5)Dec. 28, 2001115 Stat. 1229 Pub. L. 107–296, title XIIINov. 25, 2002116 Stat. 2294 Pub. L. 110–161, div. E, title V, § 535(a)(4)Dec. 26, 2007121 Stat. 2075 Pub. L. 117–225, § 3(a)Dec. 9, 2022136 Stat. 2293(, , ; , , ; , , ; , , ; , , ; , , ; , (41), , ; , title IV, § 412(a), , , 1175; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , , 1266; , , ; (), , ; , , ; , , ; , , ; , §§ 306(c)(3), 321, , , 5117; , , ; , , ; , div. C, title XXXI, § 3154(e), , , 2255; , , ; , title XI, § 1152(a)], , , 1654A–320; , , , 2762A–87; , , ; , §§ 1313(b)(1), 1321(a)(4)(A), , , 2297; , , ; , , .)

Historical and Revision Notes
1966 Act
Derivation	U.S. Code	Revised Statutes and Statutes at Large
	5 U.S.C. 2256 (less last sentence in (f)).	July 31, 1956, ch. 804, § 401 “Sec. 6 (less last sentence in (f))”, 70 Stat. 749.
		July 7, 1960, Pub. L. 86–604, § 1(b), 74 Stat. 358.
		July 12, 1960, Pub. L. 86–622, § 3(b), 74 Stat. 410.

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

1967 Act
8336(a) 8336(b)	5 App.: 2256(a). 5 App.: 2256(b).	July 18, 1966, Pub. L. 89–504, § 504, 80 Stat. 301.

1967 Act

8336(a)

8336(b)

5 App.: 2256(a).

5 App.: 2256(b).

July 18, 1966, Pub. L. 89–504, § 504, 80 Stat. 301.

5 U.S.C. 8339In subsections (a) and (b), the words “is entitled to” are substituted for “shall * * * be paid”. The words “computed as provided in section 9” are omitted as unnecessary in view of .

Editorial Notes

References in Text

25 U.S.C. 450i(a)(2)88 Stat. 2209 Pub. L. 100–472, title II, § 203(a)Oct. 5, 1988102 Stat. 2290 section 450i(e)(2) of Title 25 section 5323(e)(2) of Title 25Section 105(e)(2) of the Indian Self-Determination Act (; ), referred to in subsec. (j)(2)(B), was renumbered section 104(e)(2) of that Act by , , , without corresponding amendment to this section. Section 104(e)(2) of the Indian Self-Determination Act was formerly classified to , Indians, prior to editorial reclassification as .

Dec. 5, 1979Pub. L. 96–135Dec. 5, 1979The date of the enactment of this paragraph, referred to in subsec. (j)(3)(A)(ii), is , the date of the enactment of , which was approved .

Section 12 of the Act of June 18, 1934 25 U.S.C. 472 48 Stat. 986 act June 18, 1934, ch. 576 48 Stat. 986 section 472 of Title 25 section 5116 of Title 25 (; ), referred to in subsec. (j)(4)(B), is section 12 of , , which was classified to , Indians, prior to editorial reclassification as .

Amendments

Pub. L. 117–2252022—Subsec. (c)(3). added par. (3).

Pub. L. 110–161, § 535(a)(4)(A)2007—Subsec. (c)(1). , substituted “nuclear materials courier, or customs and border protection officer” for “or nuclear materials courier”.

Pub. L. 110–161, § 535(a)(4)(B)Subsecs. (m), (n). , substituted “as a law enforcement officer, or as a customs and border protection officer,” for “or as a law enforcement officer,”.

Pub. L. 107–296, § 1313(b)(1)2002—Subsec. (d)(2). , amended par. (2) generally. Prior to amendment, par. (2) read as follows: “except in the case of an employee who is separated from the service under a program carried out under subsection (p), while serving in a geographic area designated by the Office of Personnel Management, is separated from the service voluntarily during a period in which the Office determines that—

“(A) the agency in which the employee is serving is undergoing a major reorganization, a major reduction in force, or a major transfer of function; and

“(B) a significant percent of the employees serving in such agency will be separated or subject to an immediate reduction in the rate of basic pay (without regard to subchapter VI of chapter 53 of this title or comparable provisions);”.

Pub. L. 107–296, § 1321(a)(4)(A)Subsec. (h)(1). , struck out “for failure to be recertified as a senior executive under section 3393a or” before “for less than”.

Pub. L. 107–107, § 1048(i)(5)(A)o2001—Subsec. (d)(2). , substituted “subsection (p)” for “subsection ()” in introductory provisions.

oPub. L. 107–107, § 1048(i)(5)(B)oSubsecs. (), (p). , redesignated subsec. (), relating to Department of Defense employees, as (p).

Pub. L. 106–398, § 1 [[div. A]o2000—Subsec. (d)(2). , title XI, § 1152(a)(1)], inserted “except in the case of an employee who is separated from the service under a program carried out under subsection (),” before “while serving” in introductory provisions.

Pub. L. 106–553 section 8339 of this titleoSubsec. (n). added subsec. (n). Former subsec. (n), relating to computation of annuity under , redesignated ().

oPub. L. 106–553 section 8339 of this titleoSubsec. (). redesignated subsec. (n), relating to computation of annuity under , as ().

Pub. L. 106–398, § 1 [[div. A]o, title XI, § 1152(a)(2)], added subsec. () relating to Department of Defense employees.

oPub. L. 106–58 Pub. L. 105–261, § 1109(a)1999—Subsecs. (d)(2), (). repealed . See 1998 Amendment notes below.

Pub. L. 105–261, § 3154(e)1998—Subsec. (c)(1). , substituted “, firefighter, or nuclear materials courier” for “or firefighter”.

Pub. L. 105–261, § 1109(a)(1)oPub. L. 106–58Subsec. (d)(2). , which directed insertion of “except in the case of an employee described in subsection ()(1),” after “(2)”, was repealed by .

oPub. L. 105–261, § 1109(a)(2)oPub. L. 106–58Subsec. (). , which directed addition of subsec. (), relating to authority of Department of Defense to offer employees voluntary early retirement, was repealed by .

lPub. L. 103–3371994—Subsec. (). substituted “Court of Appeals for the Armed Forces” for “Court of Military Appeals”.

Pub. L. 102–5721992—Subsec. (k). substituted “Court of Federal Claims” for “Claims Court” in two places.

Pub. L. 101–5101990—Subsec. (i)(3), (4). added par. (3) and redesignated former par. (3) as (4).

Pub. L. 101–650Subsec. (k). amended subsec. (k) generally. Prior to amendment, subsec. (k) read as follows: “A bankruptcy judge or United States magistrate who is separated from service, except by removal, after becoming 62 years of age and completing 5 years of civilian service, or after becoming 60 years of age and completing 10 years of service as a bankruptcy judge or United States magistrate, is entitled to an annuity.”

Pub. L. 101–428Subsecs. (m), (n). added subsec. (m) and redesignated former subsec. (m) as (n).

Pub. L. 101–194, § 506(b)(7)(A)1989—Subsec. (h)(1). , substituted “for failure to be recertified as a senior executive under section 3393a or for” for “for”.

Pub. L. 101–194, § 506(b)(7)(B)Subsec. (h)(2), (3). , (C), substituted “for failure to be recertified as a senior executive or for” for “for”.

Pub. L. 100–3251988—Subsec. (h)(3). added par. (3).

Pub. L. 100–531987—Subsec. (k). amended subsec. (k) generally. Prior to amendment, subsec. (k) read as follows: “A bankruptcy judge who is separated from service, except by removal, after becoming sixty-two years of age and completing ten years of service as a bankruptcy judge is entitled to an annuity.”

Pub. L. 99–1901985—Subsec. (j)(3)(A). substituted “10 years” for “5 years”.

Pub. L. 98–6151984—Subsec. (d). inserted provision that for purposes of par. (1), separation for failure to accept a directed reassignment to a position outside the commuting area of the employee concerned or to accompany a position outside of such area pursuant to a transfer of function shall not be considered to be a removal for cause on charges of misconduct or delinquency.

Pub. L. 98–353, § 116(c)lSubsec. (k). , added subsec. (k). Former subsec. (k) redesignated ().

lPub. L. 98–531lPub. L. 98–94Subsec. (). redesignated the subsec. (), which was redesignated by , as (m).

Pub. L. 98–353, § 116(c)(1)l, redesignated subsec. (k) as ().

Pub. L. 98–531lPub. L. 98–94Subsec. (m). redesignated the subsec. (), which was redesignated by , as (m).

lPub. L. 98–94l1983—Subsecs. (k), (). added subsec. (k) and redesignated former subsec. (k) as ().

Pub. L. 97–253, § 308(a)1982—Subsec. (d). , inserted provision that the agency which is undergoing a major reorganization, a major reduction in force, or a major transfer of function must have a significant percent of its employees who will be separated or subject to an immediate reduction in the rate of basic pay and inserted provision that notwithstanding the first sentence of this subsection, an employee described in paragraph (1) of this subsection is not entitled to an annuity under this subsection if the employee has declined a reasonable offer of another position in the employee’s agency for which the employee is qualified, which is not lower than 2 grades (or pay levels) below the employee’s grade (or pay level), and which is within the employee’s commuting area.

Pub. L. 97–891981—Subsec. (h). designated existing provisions as par. (1) and added par. (2).

Pub. L. 96–701979—Subsec. (c). § 1241(a)(1), designated existing provisions as par. (1) and added par. (2).

Pub. L. 96–70, § 1241(a)(2)Subsec. (i). , added subsec. (i). Former subsec. (i) redesignated (j).

Pub. L. 96–135Subsec. (j). added subsec. (j). Former subsec. (j) redesignated (k).

Pub. L. 96–70, § 1241(a)(2) , redesignated former subsec. (i) as (j).

Pub. L. 96–135Subsec. (k). redesignated former subsec. (j) as (k).

Pub. L. 95–454, § 3061978—Subsec. (d)(2). , substituted provisions relating to the employee’s agency undergoing a major reorganization, reduction in force, or transfer of function, as determined by the Office of Personnel Management, for provisions relating to the employee’s agency undergoing a major reduction in force, as determined by the Commission.

Pub. L. 95–454, § 412(a)Subsecs. (h), (i). , added subsec. (h) and redesignated former subsec. (h) as (i).

Pub. L. 94–1831975—Subsecs. (d), (g). substituted “an” for “a reduced” after “is entitled to”.

Pub. L. 93–3501974—Subsec. (c). substituted provisions granting annuity entitlement to employees separated from the service after becoming 50 years of age and completing 20 years of service as a law enforcement officer or firefighter or any combination of such service totaling at least 20 years for provisions requiring the head of the employing agency to recommend, and the Civil Service Commission to approve, the retirement of an otherwise eligible employee requiring the agency and the Commission to consider the degree of hazard the employee was subjected to in the performance of his duties, and defining “detention” to include the duties of specified employees.

Pub. L. 93–391973—Subsec. (d). reenacted existing provisions, designated part of such provisions as item (1) and added item (2).

Pub. L. 92–3821972—Subsec. (c). inserted reference to employees performing work directly connected with the control and extinguishment of fires or the maintenance and use of firefighting apparatus and equipment for the purpose of retirement benefits.

Pub. L. 92–297Subsecs. (e) to (h). added subsec. (e) and redesignated former subsecs. (e) to (g) as (f) to (h), respectively.

Statutory Notes and Related Subsidiaries

Change of Name

section 321 of Pub. L. 101–650 section 631 of Title 28“United States magistrate judge” substituted for “United States magistrate” wherever appearing in subsec. (k) pursuant to , set out as a note under , Judiciary and Judicial Procedure.

section 3508 of Title 20Secretary and Department of Health, Education, and Welfare redesignated Secretary and Department of Health and Human Services by , Education.

Effective Date of 2022 Amendment

Pub. L. 117–225, § 3(f)Dec. 9, 2022136 Stat. 2298

section 2152 of Title 50“The amendments made by this Act [amending this section, sections 8412, 8414, 8415, 8421, 8421a, 8425, and 8462 of this title, sections 4045, 4046, and 4052 of Title 22, Foreign Relations and Intercourse, and , War and National Defense]—

“(1)

Dec. 9, 2022 shall take effect on the date of enactment of this Act []; and

“(2)

section 8412(d)(2)(A)(i)(II) of title 5 50 U.S.C. 2152(d)(1)(A)(ii)22 U.S.C. 4046(a)(6)(D)(i)(I)(bb) shall apply to an individual who suffers an illness or injury described in section 8336(c)(3)(A)(i)(II) or , United States Code, as amended by this section, section 302(d)(1)(A)(ii) of the Central Intelligence Agency Retirement Act [], as amended by this section, or section 806(a)(6)(D)(i)(I)(bb) of the Foreign Service Act of 1980 [], as amended by this section, on or after the date that is 2 years after the date of enactment of this Act.”

, , , provided that:

Effective Date of 2007 Amendment; Transition Rules

Pub. L. 110–161June 30, 2008Dec. 26, 2007section 535(e) of Pub. L. 110–161 section 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 2002 Amendment

Pub. L. 107–296Nov. 25, 2002section 4 of Pub. L. 107–296 section 101 of Title 6Amendment by effective 60 days after , see , set out as an Effective Date note under , Domestic Security.

Effective Date of 2000 Amendment

Pub. L. 106–553Dec. 21, 2000Dec. 21, 2000Pub. L. 106–553 section 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. 105–261, div. A, title XI, § 1109(d)Oct. 17, 1998112 Stat. 2145 Pub. L. 106–65, div. A, title XI, § 1101Oct. 5, 1999113 Stat. 775 section 1109 of Pub. L. 105–261Oct. 1, 2000Pub. L. 106–58, title VI, § 651(b)Sept. 29, 1999113 Stat. 480, , , as amended by , , , which provided that the amendments made by (amending this section and sections 8339, 8414, and 8464 of this title) were to be effective , and applicable with respect to an approval for voluntary early retirement made on or after that date, was repealed by , , .

section 3154(e) of Pub. L. 105–261Oct. 17, 1998Oct. 17, 1998Pub. L. 105–261 section 8331 of this titleAmendment by effective at the beginning of the first pay period that begins 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

Pub. L. 102–572Oct. 29, 1992section 911 of Pub. L. 102–572 section 171 of Title 28Amendment by effective , see , set out as a note under , Judiciary and Judicial Procedure.

Effective Date of 1990 Amendment

Pub. L. 101–650Dec. 1, 1990section 306(f) of Pub. L. 101–650 section 8331 of this titleAmendment by applicable to judges of, and senior judges in active service with, the United States Court of Federal Claims on or after , see , set out as a note under .

Effective Date of 1989 Amendment

Pub. L. 101–194Jan. 1, 1991section 506(d) of Pub. L. 101–194 section 3151 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1987 Amendment

Pub. L. 100–53Oct. 1, 1987section 3 of Pub. L. 100–53 section 8331 of this titleAmendment by effective , 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 , as amended, set out as a note under .

Effective Date of 1984 Amendments

Pub. L. 98–615Nov. 8, 1984section 307 of Pub. L. 98–615 section 3393 of this titleAmendment by effective , see , set out as a note under .

Pub. L. 98–531Mar. 31, 1984section 3(b) of Pub. L. 98–531 section 8331 of this titleAmendment by effective , see , set out as a note under .

Pub. L. 98–353July 10, 1984section 116(e) of Pub. L. 98–353 section 8331 of this title section 122(a) of Pub. L. 98–353 section 151 of Title 28Amendment by effective , and applicable to bankruptcy judges who retire on or after such date, see , set out as a note under . See, also, , set out as an Effective Date note under , Judiciary and Judicial Procedure.

Effective Date of 1982 Amendment

Section 308(b) of Pub. L. 97–253

October 1, 1982“The amendment made by subsection (a) [amending this section] shall take effect .”

provided that:

Effective Date of 1981 Amendment

Pub. L. 97–89Oct. 1, 1981section 806 of Pub. L. 97–89 section 1621 of Title 10Amendment by effective , see , set out as an Effective Date note under , Armed Forces.

Effective Date of 1979 Amendments

Section 1(d) of Pub. L. 96–135

section 8339 of this titleDec. 5, 1979“The amendments made by this section [amending this section and ] shall take effect on the date of the enactment of this Act [].”

provided that:

Section 1241(b)(1) of Pub. L. 96–70

Sept. 27, 1979October 1, 1979“The amendments made by this section [amending this section] shall take effect on the date of the enactment of this Act [], 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 .”

provided that:

Effective Date of 1978 Amendment

section 306 of Pub. L. 95–454Oct. 13, 1978section 907 of Pub. L. 95–454 section 1101 of this titleAmendment by effective 90 days after , see , set out as a note under .

section 412 of Pub. L. 95–454Oct. 13, 1978Pub. L. 95–454 section 415 of Pub. L. 95–454 section 3131 of this titleAmendment by effective 9 months after , and congressional review of provisions of sections 401 through 412 of , see , set out as an Effective Date note under .

Effective Date of 1974 Amendment

Pub. L. 93–350July 12, 1974section 7 of Pub. L. 93–350 section 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. 92–297 section 3381 of this titleAmendment by effective on 90th day after , see , set out as an Effective Date note under .

Regulations

Pub. L. 117–225, § 3(e)Dec. 9, 2022136 Stat. 2298

“(1)

Office of personnel management .—

Dec. 9, 2022Not later than 1 year after the date of enactment of this Act [], the Director of the Office of Personnel Management shall promulgate regulations to carry out the amendments made by subsections (a) and (b) [amending this section, sections 8412, 8414, 8415, 8421, 8421a, 8425, and 8462 of this title, and sections 4045 and 4052 of Title 22, Foreign Relations and Intercourse].

“(2)

CIA employees .—

section 2152 of Title 50The Director of the Central Intelligence Agency shall promulgate regulations to carry out the amendment made by subsection (c) [amending , War and National Defense].

“(3)

Foreign service retirement and disability system .—

section 4046 of Title 22The Secretary of State shall promulgate regulations to carry out the amendment made by subsection (d) [amending ].

“(4)

Agency certification .—

The regulations promulgated to carry out the amendments made by this Act [see amendments listed in pars. (1) to (3) above] shall include a requirement that the head of the agency at which an affected employee or special agent (as the case may be) incurred the applicable illness or injury certifies that such illness or injury—

“(A)

was incurred in the course of the employee’s or special agent’s duties; and

“(B)

permanently precludes the employee or special agent from rendering useful and efficient service in the covered position but would not preclude the employee or special agent from continuing to serve in the Federal service.

“(5)

Agency reappointment .—

The regulations promulgated to carry out the amendments made by this Act shall ensure that, to the greatest extent possible, the head of each agency appoints affected employees or special agents to supervisory or administrative positions related to the activities of the former covered position of the employee or special agent.

“(6)

Treatment of service .—

The regulations promulgated to carry out the amendments made by this Act shall ensure that the creditable service of an affected employee or special agent (as the case may be) that is not in a covered position pursuant to an election made under such amendments shall be treated as the same type of service as the covered position in which the employee or agent suffered the qualifying illness or injury.”

, , , provided that:

Pub. L. 107–296, title XIII, § 1313(b)(5)Nov. 25, 2002116 Stat. 2296

section 8414 of this title section 8414 of this title“The Office of Personnel Management may prescribe regulations to carry out this subsection [amending this section and , enacting provisions set out as notes under this section, and repealing provisions set out as notes under this section and ].”

, , , provided that:

Termination of United States District Court for the District of the Canal Zone

Oct. 1, 1979Mar. 31, 1982Pub. L. 96–70, title IISept. 27, 197993 Stat. 493For termination of the United States District Court for the District of the Canal Zone at end of the “transition period”, being the 30-month period beginning , and ending midnight , see Paragraph 5 of Article XI of the Panama Canal Treaty of 1977 and sections 2101 and 2201 to 2203(a) of , , , formerly classified to sections 3831 and 3841 to 3843, respectively, of Title 22, Foreign Relations and Intercourse.

Sense of Congress

Pub. L. 117–225, § 2Dec. 9, 2022136 Stat. 2293

“It is the sense of Congress that—

“(1)

it is in the best national and homeland security interests of the United States for Federal agencies to retain the specialized knowledge and experience of individuals who suffer an injury or illness while serving in a covered position (as defined under the amendments made by this Act [see Effective Date of 2022 Amendment note set out above]); and

“(2)

Federal agencies should ensure, to the greatest extent possible, that an individual who can no longer carry out the duties of a covered position, and is reappointed to a position in the civil service that is not a covered position, is reappointed within the same Federal agency, in the same geographic location, and at a level of pay commensurate to the position which the individual held immediately prior to such injury or illness.”

, , , provided that:

Government Accountability Office: Voluntary Early Retirement

Pub. L. 107–296, title XIII, § 1313(b)(3)Nov. 25, 2002116 Stat. 2296

section 8414 of this title section 8414 of this title section 1 of Public Law 106–303 5 U.S.C. 8336“The amendments made by this subsection [amending this section and and repealing provisions set out as notes under this section and ] shall not be construed to affect the authority under ( note; 114 State. 1063).”

, , , provided that:

Pub. L. 106–303, § 1Oct. 13, 2000114 Stat. 1063 Pub. L. 108–271July 7, 2004118 Stat. 811

“(a)

Civil Service Retirement System .—

October 13, 2000section 8336(d) of title 5

“ ‘(2)(A) has been employed continuously by the Government Accountability Office for at least the 31-day 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;’.

Effective , paragraph (2) of , 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)

Federal Employees’ Retirement System .—

October 13, 2000section 8414(b)(1) of title 5

“ ‘(B)(i) has been employed continuously by the Government Accountability Office for at least the 31-day 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;’.

Effective , subparagraph (B) of , 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:

“(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.”

, , , as amended by , §§ 2(a), (b)(1), 8(b), , , 814, provided that:

Application of Subsection (d)(2)

Pub. L. 105–174, title III, § 7001(a)May 1, 1998112 Stat. 91 Pub. L. 106–58, title VI, § 651(a)Sept. 29, 1999113 Stat. 480May 1, 1998Pub. L. 105–174, § 7001(a)Pub. L. 107–296, title XIII, § 1313(b)(4)Nov. 25, 2002116 Stat. 2296, , , as amended by , , , which provided that, effective , subsec. (d)(2) of this section was to be applied as if it read as specified in , was repealed by , , .

Indian Preference Laws Applicable to Bureau of Indian Affairs and Indian Health Service Positions

section 5117(c)(2) of Title 25Nonapplicability of annuity provisions of subsec. (j) of this section to individuals accepting waiver of Indian preference laws with respect to personnel actions, see , Indians.

October 1, 1979Individuals Entitled to Annuity Payments for Period Prior to

Section 1241(b)(2) of Pub. L. 96–70

October 1, 1979October 1, 1979“Effective , 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 , 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.”

provided that: