5 U.S.C. § 8344 | Annuities and pay on reemployment

(a)

If an annuitant receiving annuity from the Fund, except—

(1)

a disability annuitant whose annuity is terminated because of his recovery or restoration of earning capacity;

(2)

an annuitant whose annuity, based on an involuntary separation (other than an automatic separation or an involuntary separation for cause on charges of misconduct or delinquency), is terminated under subsection (b) of this section;

(3)

an annuitant whose annuity is terminated under subsection (c) of this section; or

(4)

a Member receiving annuity from the Fund;

section 5551 of this titlebecomes employed in an appointive or elective position, his service on and after the date he is so employed is covered by this subchapter. Deductions for the Fund may not be withheld from his pay unless the individual elects to have such deductions withheld under subparagraph (A). An amount equal to the annuity allocable to the period of actual employment shall be deducted from his pay, except for lump-sum leave payment purposes under . The amounts so deducted shall be deposited in the Treasury of the United States to the credit of the Fund. If the annuitant serves on a full-time basis, except as President, for at least 1 year, or on a part-time basis for periods equivalent to at least 1 year of full-time service, in employment not excluding him from coverage under section 8331(1)(i) or (ii) of this title—

(A)

deductions for the Fund may be withheld from his pay (if the employee so elects), and his annuity on termination of employment is increased by an annuity computed under section 8339(a), (b), (d), (e), (h), (i), (n), (q), (r), and (s) as may apply based on the period of employment and the basic pay, before deduction, averaged during that employment; and

(B)

his lump-sum credit may not be reduced by annuity paid during that employment.

section 8339(k)(2) of this title section 8341(b) of this title section 8334(c) of this title section 8341(b) of this titleIf the annuitant is receiving a reduced annuity as provided in section 8339(j) or , the increase in annuity payable under subparagraph (A) of this subsection is reduced by 10 percent and the survivor annuity payable under is increased by 55 percent of the increase in annuity payable under such subparagraph (A), unless, at the time of claiming the increase payable under such subparagraph (A), the annuitant notifies the Office of Personnel Management in writing that he does not desire the survivor annuity to be increased. If the annuitant dies while still reemployed, the survivor annuity payable is increased as though the reemployment had otherwise terminated. If the described employment of the annuitant continues for at least 5 years, or the equivalent of 5 years in the case of part-time employment, he may elect, instead of the benefit provided by subparagraph (A) of this subsection, to deposit in the Fund (to the extent deposits or deductions have not otherwise been made) an amount computed under covering that employment and have his rights redetermined under this subchapter. If the annuitant dies while still reemployed and the described employment had continued for at least 5 years, or the equivalent of 5 years in the case of part-time employment, the person entitled to survivor annuity under may elect to deposit in the Fund and have his rights redetermined under this subchapter.

(b)

If an annuitant, other than a Member receiving an annuity from the Fund, whose annuity is based on an involuntary separation (other than an automatic separation or an involuntary separation for cause or charges on misconduct or delinquency) is reemployed in a position in which he is subject to this subchapter, payment of the annuity terminates on reemployment.

(c)

section 8340 of this title If an annuitant, other than a Member receiving an annuity from the Fund, is appointed by the President to a position in which he is subject to this subchapter, or is elected as a Member, payment of the annuity terminates on reemployment. Upon separation from such position, an individual whose annuity is so terminated is entitled to have his rights redetermined under this subchapter, except that the amount of the annuity resulting from such redetermination shall be at least equal to the amount of the terminated annuity plus any increases under occurring after the termination and before the commencement of the redetermined annuity.

(d)

section 8340 of this title If a Member receiving annuity from the Fund becomes employed in an appointive or elective position, annuity payments are discontinued during the employment and resumed on termination of the employment in the amount equal to the sum of the amount of the annuity the member was receiving immediately before the commencement of the employment and the amount of the increases which would have been made in the amount of the annuity under during the period of the employment if the annuity had been payable during that period, except that—

(1)

the retired Member or Member separated with title to immediate or deferred annuity, who serves at any time after separation as a Member in an appointive position in which he is subject to this subchapter, is entitled, if he so elects, to have his Member annuity computed or recomputed as if the service had been performed before his separation as a Member and the annuity as so computed or recomputed is effective—

(A)

the day Member annuity commences; or

(B)

the day after the date of separation from the appointive position;

whichever is later;

(2)

December 31, 1958 if the retired Member becomes employed after , in an appointive position on an intermittent-service basis—

(A)

his annuity continues during the employment and is not increased as a result of service performed during that employment;

(B)

retirement deductions may not be withheld from his pay;

(C)

section 5551 of this title an amount equal to the annuity allocable to the period of actual employment shall be deducted from his pay, except for lump-sum leave payment purposes under ; and

(D)

the amounts so deducted shall be deposited in the Treasury of the United States to the credit of the Fund;

(3)

December 31, 1958 if the retired Member becomes employed after , in an appointive position without pay on a full-time or substantially full-time basis, his annuity continues during the employment and is not increased as a result of service performed during the employment; and

(4)

section 8331(2) of this title if the retired Member takes office as Member and gives notice as provided by , his service as Member during that period shall be credited in determining his right to and the amount of later annuity.

(e)

This section does not apply to an individual appointed to serve as a Governor of the Board of Governors of the United States Postal Service.

(f)

section 451 of title 28 Notwithstanding the provisions of subsection (a) of this section, if an annuitant receiving annuity from the Fund, except a Member receiving annuity from the Fund, becomes employed as a justice or judge of the United States, as defined by , annuity payments are discontinued during such employment and are resumed in the same amount upon resignation or retirement from regular active service as such a justice or judge.

(g)

section 451 of title 28 section 8342(a) of this title A former employee or a former Member who becomes employed as a justice or judge of the United States, as defined by , may, at any time prior to resignation or retirement from regular active service as such a justice or judge, apply for and be paid, in accordance with , the amount (if any) by which the lump-sum credit exceeds the total annuity paid, notwithstanding the time limitation contained in such section for filing an application for payment.

(h)

(1)

section 5532(f)(2) of this title section 651(a) of Public Law 106–65Provided, however Subject to paragraph (2) of this subsection, subsections (a), (b), (c), and (d) of this section shall not apply to any annuitant receiving an annuity from the Fund while such annuitant is employed, during any period described in (as in effect before the repeal of that section by ) or any portion thereof, under the administrative authority of the Administrator, Federal Aviation Administration, or the Secretary of Defense to perform duties in the operation of the air traffic control system or to train other individuals to perform such duties: , That the amount such an annuitant may receive in pay, excluding premium pay, in any pay period when aggregated with the annuity payable during that same period shall not exceed the rate payable for level V of the Executive Schedule.

(2)

December 31, 1987 Paragraph (1) of this subsection shall apply only in the case of any annuitant receiving an annuity from the Fund who, before , applied for retirement or separated from the service while being entitled to an annuity under this chapter.

(i)

(1)

The Director of the Office of Personnel Management may, at the request of the head of an Executive agency—

(A)

waive the application of the preceding provisions of this section on a case-by-case basis for employees in positions for which there is exceptional difficulty in recruiting or retaining a qualified employee; or

(B)

grant authority to the head of such agency to waive the application of the preceding provisions of this section, on a case-by-case basis, for an employee serving on a temporary basis, but only if, and for so long as, the authority is necessary due to an emergency involving a direct threat to life or property or other unusual circumstances.

(2)

The Office shall prescribe regulations for the exercise of any authority under this subsection, including criteria for any exercise of authority and procedures for terminating a delegation of authority under paragraph (1)(B).

(j)

(1)

If warranted by circumstances described in subsection (i)(1)(A) or (B) (as applicable), the Director of the Administrative Office of the United States Courts shall, with respect to an employee in the judicial branch, have the same waiver authority as would be available to the Director of the Office of Personnel Management, or a duly authorized agency head, under subsection (i) with respect to an employee of an Executive agency.

(2)

section 451 of title 28 Authority under this subsection may not be exercised with respect to a justice or judge of the United States, as defined in .

(k)

(1)

If warranted by circumstances described in subsection (i)(1)(A) or (B) (as applicable), an official or committee designated in paragraph (2) shall, with respect to the employees specified in the applicable subparagraph of such paragraph, have the same waiver authority as would be available to the Director of the Office of Personnel Management, or a duly authorized agency head, under subsection (i) with respect to an employee of an Executive agency.

(2)

Authority under this subsection may be exercised—

(A)

with respect to an employee of an agency in the legislative branch, by the head of such agency;

(B)

with respect to an employee of the House of Representatives, by the Committee on House Oversight of the House of Representatives; and

(C)

with respect to an employee of the Senate, by the Committee on Rules and Administration of the Senate.

(3)

Any exercise of authority under this subsection shall be in conformance with such written policies and procedures as the agency head, the Committee on House Oversight of the House of Representatives, or the Committee on Rules and Administration of the Senate (as applicable) shall prescribe, consistent with the provisions of this subsection.

(4)

section 5531 of this title For the purpose of this subsection, “agency in the legislative branch”, “employee of the House of Representatives”, “employee of the Senate”, and “congressional employee” each has the meaning given to it in .

(l)

(1)

For purposes of this subsection—

(A)

the term “head of an agency” means—

(i)

the head of an Executive agency, other than the Department of Defense or the Government Accountability Office;

(ii)

the head of the United States Postal Service;

(iii)

the Director of the Administrative Office of the United States Courts, with respect to employees of the judicial branch; and

(iv)

any employing authority described under subsection (k)(2), other than the Government Accountability Office; and

(B)

the term “limited time appointee” means an annuitant appointed under a temporary appointment limited to 1 year or less.

(2)

The head of an agency may waive the application of subsection (a) or (b) with respect to any annuitant who is employed in such agency as a limited time appointee, if the head of the agency determines that the employment of the annuitant is necessary to—

(A)

fulfill functions critical to the mission of the agency, or any component of that agency;

(B)

Public Law 111–5 12 U.S.C. 5211 assist in the implementation or oversight of the American Recovery and Reinvestment Act of 2009 () or the Troubled Asset Relief Program under title I of the Emergency Economic Stabilization Act of 2008 ( et seq.);

(C)

assist in the development, management, or oversight of agency procurement actions;

(D)

assist the Inspector General for that agency in the performance of the mission of that Inspector General;

(E)

promote appropriate training or mentoring programs of employees;

(F)

assist in the recruitment or retention of employees; or

(G)

respond to an emergency involving a direct threat to life of property or other unusual circumstances.

(3)

The head of an agency may not waive the application of subsection (a) or (b) with respect to an annuitant—

(A)

for more than 520 hours of service performed by that annuitant during the period ending 6 months following the individual’s annuity commencing date;

(B)

for more than 1040 hours of service performed by that annuitant during any 12-month period; or

(C)

for more than a total of 3120 hours of service performed by that annuitant.

(4)

(A)

The total number of annuitants to whom a waiver by the head of an agency under this subsection or section 8468(i) applies may not exceed 2.5 percent of the total number of full-time employees of that agency.

(B)

If the total number of annuitants to whom a waiver by the head of an agency under this subsection or section 8468(i) applies exceeds 1 percent of the total number of full-time employees of that agency, the head of that agency shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Oversight and Government Reform of the House of Representatives, and the Office of Personnel Management—

(i)

a report with an explanation that justifies the need for the waivers in excess of that percentage; and

(ii)

not later than 180 days after submitting the report under clause (i), a succession plan.

(5)

(A)

The Director of the Office of Personnel Management may promulgate regulations providing for the administration of this subsection.

(B)

Any regulations promulgated under subparagraph (A) may—

(i)

provide standards for the maintenance and form of necessary records of employment under this subsection;

(ii)

to the extent not otherwise expressly prohibited by law, require employing agencies to provide records of such employment to the Office of Personnel Management or other employing agencies as necessary to ensure compliance with paragraph (3);

(iii)

authorize other administratively convenient periods substantially equivalent to 12 months, such as 26 pay periods, to be used in determining compliance with paragraph (3)(B);

(iv)

include such other administrative requirements as the Director of the Office of Personnel Management may find appropriate to provide for the effective operation of, or to ensure compliance with, this subsection; and

(v)

encourage the training and mentoring of employees by any limited time appointee employed under this subsection.

(6)

(A)

Any hours of training or mentoring of employees by any limited time appointee employed under this subsection shall not be included in the hours of service performed for purposes of paragraph (3), but those hours of training or mentoring may not exceed 520 hours.

(B)

If the primary service performed by any limited time appointee employed under this subsection is training or mentoring of employees, the hours of that service shall be included in the hours of service performed for purposes of paragraph (3).

(7)

December 31, 2024 The authority of the head of an agency under this subsection to waive the application of subsection (a) or (b) shall terminate on .

(m)

(1)

l For the purpose of subsections (i) through (), “Executive agency” shall not include the Government Accountability Office.

(2)

l An employee as to whom a waiver under subsection (i), (j), (k), or () is in effect shall not be considered an employee for purposes of this chapter or chapter 84 of this title.

Pub. L. 89–554Sept. 6, 196680 Stat. 581 Pub. L. 90–83, § 1(83)Sept. 11, 196781 Stat. 217 Pub. L. 91–375, § 6(c)(20)Aug. 12, 197084 Stat. 776 Pub. L. 91–658, § 4Jan. 8, 197184 Stat. 1962 Pub. L. 92–297, § 7(5)May 16, 197286 Stat. 145 Pub. L. 94–397, § 1(a)Sept. 3, 197690 Stat. 1202 Pub. L. 95–454, title IX, § 906(a)(14)Oct. 13, 197892 Stat. 1226 Pub. L. 95–598, title III, § 338(d)Nov. 6, 197892 Stat. 2681 Pub. L. 96–179, § 4Jan. 2, 198093 Stat. 1299 Pub. L. 96–504, § 1Dec. 5, 198094 Stat. 2741 Pub. L. 97–141, § 5(a)Dec. 29, 198195 Stat. 1719 Pub. L. 97–276, § 151(g)Oct. 2, 198296 Stat. 1202 Pub. L. 97–346, § 3(j)(2)Oct. 15, 198296 Stat. 1649 Pub. L. 98–353, title I, § 112July 10, 198498 Stat. 343 Pub. L. 98–396, title IAug. 22, 198498 Stat. 1403 Pub. L. 98–525, title XV, § 1537(e)Oct. 19, 198498 Stat. 2636 Pub. L. 99–88, title I, § 100Aug. 15, 198599 Stat. 351 Pub. L. 99–500, § 101lOct. 18, 1986100 Stat. 1783–308 Pub. L. 99–591, § 101lOct. 30, 1986100 Stat. 3341–308 Pub. L. 100–202lDec. 22, 1987101 Stat. 1329–358 Pub. L. 100–457, title ISept. 30, 1988102 Stat. 2129 Pub. L. 101–428, § 2(d)(8)Oct. 15, 1990104 Stat. 929 Pub. L. 101–509, title V, § 529 [title I, § 108(b)]Nov. 5, 1990104 Stat. 1427 Pub. L. 101–510, div. A, title XII, § 1206(j)(2)Nov. 5, 1990104 Stat. 1664 Pub. L. 102–190, div. A, title VI, § 655(b)Dec. 5, 1991105 Stat. 1391 Pub. L. 102–378, § 8(a)Oct. 2, 1992106 Stat. 1359 Pub. L. 105–55, title I, § 107Oct. 7, 1997111 Stat. 1184 Pub. L. 105–61, title V, § 516(a)(6)Oct. 10, 1997111 Stat. 1306 Pub. L. 106–398, § 1 [[div. A]Oct. 30, 2000114 Stat. 1654 Pub. L. 106–553, § 1(a)(2) [title III, § 308(h)(8)]Dec. 21, 2000114 Stat. 2762 Pub. L. 108–271, § 8(b)July 7, 2004118 Stat. 814 Pub. L. 111–84, div. A, title XI, § 1122(a)Oct. 28, 2009123 Stat. 2505 Pub. L. 111–383, div. A, title X, § 1075(a)(1)Jan. 7, 2011124 Stat. 4368 Pub. L. 113–291, div. A, title XI, § 1107(a)Dec. 19, 2014128 Stat. 3527 Pub. L. 116–92, div. A, title XI, § 1117(a)Dec. 20, 2019133 Stat. 1605(, , ; , , ; , , ; , , ; , , ; –(c), , , 1203; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; (), , , and (), , ; , §§ 101() [title I], 106, , , 1329–362, 1329–433; , , ; , , ; , , , 1450; , , ; , , ; , , ; , , ; , , ; , title X, § 1087(f)(5)], , , 1654A–293; , , , 2762A–89; , , ; , , ; , , ; , , ; , , .)

Historical and Revision Notes
1966 Act
Derivation	U.S. Code	Revised Statutes and Statutes at Large
	5 U.S.C. 2263 (less (a)).	July 31, 1956, ch. 804, § 401 “Sec. 13 (less (a))”, 70 Stat. 757.
		July 7, 1960, Pub. L. 86–604, § 1(f), 74 Stat. 358.
		July 12, 1960, Pub. L. 86–622, § 3(a), 74 Stat. 410.
		Oct. 4, 1961, Pub. L. 87–350, § 5, 75 Stat. 771.

section 61b of this titleIn subsections (a) and (b), the words “except for lump-sum leave payment purposes under ” are omitted as unnecessary as section 5551(a) provides that a “lump-sum leave payment is considered pay for taxation purposes only”.

September 30, 1956§ 406 of the Act of July 31, 1956, ch. 804 70 Stat. 761December 15, 1953October 3, 1961October 4, 1961In subsection (a), the words “after ” are substituted for “hereafter” on authority of , . In paragraph (2), the words “other than an automatic separation” are substituted for “excluding a separation under the automatic separation provisions of this chapter”. In the third sentence, the words “and this provision concerning the lump-sum leave payments shall also be effective in the case of each retired employee separated from reemployment after , and before the effective date of the Civil Service Retirement Act Amendments of 1956” are omitted as executed, and any existing rights are preserved by technical section 8. In the fourth sentence, the words “except as President” are added to preserve the exception stated in former section 2252(b). In the penultimate sentence, the words “after ” are substituted for “on or after ”. In the last sentence, the words “in any manner” are omitted as unnecessary.

In subsection (b), the words “receiving annuity from the Fund” are substituted for “heretofore or hereafter retired under this chapter”. The word “hereafter” is omitted as unnecessary. In paragraph (1)(B), the words “the day after” are substituted for “the first day of the month following” on authority of former section 2264(b), which is carried into section 8345(b). In paragraph (1), former clause (C) is omitted as obsolete. In paragraph (2)(D), the words “of the United States” 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.

1967 Act
Section of title 5	Source (U.S. Code)	Source (Statutes at Large)
8344(a)	5 App.: 2263(b) (last sentence).	Mar. 30, 1966, Pub. L. 89–378, § 1, 80 Stat. 93.

July 11, 1960July 12, 1960In subsection (a), the words “after ” are substituted for “on or after .” In subsection (b)(1), the amendment is made for consistency within the subchapter.

5 U.S.C. 8344 Public Law 89–554 section 61b of this title 5 U.S.C. 61b 5 U.S.C. 5551(a)5 U.S.C. 8344In the codification of by , the words “except for lump-sum leave payment purposes under ” were omitted from the third sentence of subsection (a) and from subsection (b)(2)(C) on the basis that they were unnecessary since former [now codified as ] provided that a lump-sum leave payment was considered pay for taxation purposes only. This amendment restores to the language that was so omitted to conform to the source statute (section 13 of the Civil Service Retirement Act, as amended) and in recognition that the language was expressly placed in the source statute to overcome certain decisions of the Comptroller General of the United States (see 28 Comp. Gen. 294; 33 id. 591, and 36 id. 209).

Editorial Notes

References in Text

section 5316 of this titleLevel V of the Executive Schedule, referred to in subsec. (h)(1), is set out in .

lPub. L. 111–5Feb. 17, 2009123 Stat. 115 section 1 of Title 26The American Recovery and Reinvestment Act of 2009, referred to in subsec. ()(2)(B), is , , . For complete classification of this Act to the Code, see Short Title of 2009 Amendment note set out under , Internal Revenue Code, and Tables.

lPub. L. 110–343Oct. 3, 2008122 Stat. 3765 section 5201 of Title 12The Emergency Economic Stabilization Act of 2008, referred to in subsec. ()(2)(B), is div. A of , , . Title I of the Act is classified principally to subchapter I (§ 5211 et seq.) of chapter 52 of Title 12, Banks and Banking. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Codification

Pub. L. 99–500lPub. L. 99–500 section 106 of Pub. L. 100–202Amendment of subsec. (h)(2) by and 99–591 is based on provisions under the subheading “Federal Aviation Administration, Operations”, in title I of H.R. 5205 (Department of Transportation and Related Agencies Appropriations Act, 1987), as incorporated by reference by section 101() of and 99–591, and enacted into law by .

Pub. L. 99–591 Pub. L. 99–500 is a corrected version of .

Amendments

lPub. L. 116–92December 31, 2024December 31, 20192019—Subsec. ()(7). substituted “” for “”.

lPub. L. 113–291December 31, 20192014—Subsec. ()(7). substituted “on ” for “5 years after the date of enactment of the National Defense Authorization Act for Fiscal Year 2010”.

lPub. L. 111–3832011—Subsec. ()(2)(B). substituted “5211 et seq.” for “5201 et seq.”

lPub. L. 111–84, § 1122(a)(1)ll2009—Subsec. (). , (2), added subsec. (). Former subsec. () redesignated (m).

Pub. L. 111–84, § 1122(a)(1)lSubsec. (m). , redesignated subsec. () as (m).

Pub. L. 111–84, § 1122(a)(3)(A)lSubsec. (m)(1). , substituted “()” for “(k)”.

Pub. L. 111–84, § 1122(a)(3)(B)lSubsec. (m)(2). , substituted “(k), or ()” for “or (k)”.

lPub. L. 108–2712004—Subsec. ()(1). substituted “Government Accountability Office” for “General Accounting Office”.

Pub. L. 106–5532000—Subsec. (a)(A). substituted “(q), (r), and (s)” for “(q), and (r)”.

Pub. L. 106–398 section 651(a) of Public Law 106–65 section 5532(f)(2) of this titleSubsec. (h)(1). inserted “(as in effect before the repeal of that section by )” after “”.

Pub. L. 105–611997—Subsec. (a)(A). substituted “(q), and (r)” for “and (q) of this title”.

Pub. L. 105–55Subsec. (k)(2)(B), (3). substituted “the Committee on House Oversight of the House of Representatives” for “the Speaker of the House of Representatives”.

Pub. L. 102–378 Pub. L. 101–510, § 1206(j)(2)1992—Subsec. (i). repealed . See 1990 Amendment note below.

Pub. L. 102–190, § 655(b)(2)1991—Subsec. (i)(3). , struck out par. (3) which read as follows: “An employee to whom a waiver under subparagraph (A) or (B) of paragraph (1) applies shall not be deemed an employee for the purposes of this chapter or chapter 84 while such waiver is in effect.”

lPub. L. 102–190, § 655(b)(1)lSubsecs. (j) to (). , added subsecs. (j) to ().

Pub. L. 101–4281990—Subsec. (a)(A). substituted “(i), (n), and (q)” for “(i), and (n)”.

Pub. L. 101–510, § 1206(j)(2)Pub. L. 101–509 Pub. L. 102–378, § 8(a)Pub. L. 101–510, § 1206(j)(2)Subsec. (i). , added a subsec. (i) identical to that added by , see below. , repealed , and provided that this title shall read as if such section 1206(j)(2) had not been enacted.

Pub. L. 101–509 added subsec. (i).

Pub. L. 100–4571988—Subsec. (h)(2). substituted “1987” for “1986”.

Pub. L. 100–202, § 101lDecember 31, 1986April 1, 19861987—Subsec. (h)(2). () [title I], substituted “” for “”.

section 106 of Pub. L. 100–202For amendment by , see 1986 Amendment note below.

Pub. L. 99–500 Pub. L. 99–591, § 101lPub. L. 100–202, § 106April 1, 1986April 1, 19851986—Subsec. (h)(2). and (), as enacted by , substituted “” for “”. See Codification note above.

Pub. L. 99–881985—Subsec. (h)(1). inserted proviso directing that the amount an annuitant may receive in pay, excluding premium pay, in any pay period when aggregated with the annuity payable during that same period shall not exceed the rate payable for level V of the Executive Schedule.

Pub. L. 99–88April 1, 1985August 3, 1981Subsec. (h)(2). substituted “” for “”.

Pub. L. 98–353o1984—Subsec. (a)(A). substituted “and (n)” for “and ()”.

Pub. L. 98–396 section 8340 of this titleSubsec. (d). substituted “on termination of the employment in the amount equal to the sum of the amount of the annuity the member was receiving immediately before the commencement of the employment and the amount of the increases which would have been made in the amount of the annuity under during the period of the employment if the annuity had been payable during that period” for “in the same amount on termination of the employment”.

Pub. L. 98–525Subsec. (h)(1). inserted “or the Secretary of Defense”.

Pub. L. 97–3461982—Subsec. (a). inserted “unless the individual elects to have such deductions withheld under subparagraph (A)” and “(to the extent deposits or deductions have not otherwise been made)”.

Pub. L. 97–346Subsec. (a)(4)(A). inserted “deductions for the Fund may be withheld from his pay (if the employee so elects)”.

Pub. L. 97–276Subsec. (h). added subsec. (h).

Pub. L. 97–141 section 8340 of this title1981—Subsec. (c). inserted provision that upon separation from such position, an individual whose annuity is so terminated is entitled to have his rights redetermined under this subchapter, except that the amount of the annuity resulting from such redetermination shall be at least equal to the amount of the terminated annuity plus any increases under occurring after the termination and before the commencement of the redetermined annuity.

Pub. L. 96–1791980—Subsec. (c). inserted “or is elected as a Member,” after “subject to this subchapter,”.

Pub. L. 96–504Subsecs. (f), (g). added subsecs. (f) and (g).

Pub. L. 95–598osection 8339 of this title1978—Subsec. (a). inserted reference to subsec. () of in par. (A).

Pub. L. 95–454 substituted “Office of Personnel Management” for “Commission” in provisions following par. (B).

Pub. L. 94–397, § 1(a)Sept. 30, 1956July 31, 1956July 11, 1960Oct. 1, 19561976—Subsec. (a). , inserted provisions requiring applicability to annuitants whose annuity is terminated under subsecs. (b) and (c) of this section, authorizing deducted amounts to be deposited in the Treasury to the credit of the Fund, and covering described employment continuing for the equivalent of five years in the case of part-time employment, and struck out provisions requiring employment after , or service on , for application of coverage, and redetermination rights for an annuitant whose annuity is based on involuntary separation from the service and who is separated after for full-time employment began before .

Pub. L. 94–397, § 1(b)Subsecs. (b), (c). , added subsecs. (b) and (c). Former subsecs. (b) and (c) redesignated (d) and (e), respectively.

Pub. L. 94–397, § 1(b)Subsec. (d). , (c), redesignated former subsec. (b) as (d) and struck out prohibition of application of subsec. to a Member appointed by the President to a position not requiring confirmation by the Senate.

Pub. L. 94–397, § 1(b)Subsec. (e). , redesignated former subsec. (c) as (e).

Pub. L. 92–2971972—Subsec. (a). substituted “section 8339(a), (b), (d), (e), (h), and (i)” for “section 8339(a), (b), (d), (g), and (h)”, in subpar. (A), and “section 8339(j) or section 8339(k)(2)” for “section 8339(i) or section 8339(j)(2)”, in sentence following cl. (ii).

Pub. L. 91–6581971—Subsec. (a). substituted provisions respecting reemployed annuitants and reduction in their annuity and increase in survivor annuity, notice to Commission of a desire not to increase the survivor annuity, increase in survivor annuity where annuitant dies while still reemployed, and redetermination of rights to survivor annuity where reemployment continued for five or more years upon election to deposit in the Fund, for prior provision that employment of an annuitant did not create an annuity for or affect the annuity of a survivor.

Pub. L. 91–3751970—Subsec. (c). added subsec. (c).

Statutory Notes and Related Subsidiaries

Change of Name

Jan. 9, 2019Jan. 9, 2023Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, . Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, .

Jan. 6, 1999Committee on House Oversight of House of Representatives changed to Committee on House Administration of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress, .

Effective Date of 2014 Amendment

Pub. L. 113–291, div. A, title XI, § 1107(c)Dec. 19, 2014128 Stat. 3527

section 8468 of this titleOctober 28, 2014“The amendments made by subsections (a) and (b) [amending this section and ] shall be effective as of .”

, , , provided that:

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 1997 Amendment

Pub. L. 105–61Oct. 10, 1997Oct. 10, 1997section 516(b) of Pub. L. 105–61 section 8334 of this titleAmendment by applicable to any annuity commencing before, on, or after , and effective with regard to any payment made after the first month following , see , set out as a note under .

Effective Date of 1992 Amendment

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

Effective Date of 1990 Amendment

Pub. L. 101–509Nov. 5, 1990Pub. L. 101–509 section 5301 of this titleAmendment by effective on such date as the President shall determine, but not earlier than 90 days, and not later than 180 days, after , see section 529 [title III, § 305] of , set out as an Effective Date of 1990 Amendment note under .

Effective Date of 1986 Amendment

Pub. L. 100–202, § 106Dec. 22, 1987101 Stat. 1329–433 Pub. L. 99–500Oct. 18, 1986Pub. L. 99–500, , , provided that the amendment by and 99–591 is effective on date of enactment [] of the “pertinent joint resolution” making continuing appropriations for fiscal year 1987 [ and 99–591].

Effective Date of 1984 Amendments

Pub. L. 98–525Oct. 1, 1984section 1537(f) of Pub. L. 98–525 section 4109 of this titleAmendment by effective , see , set out as a note under .

Pub. L. 98–353July 10, 1984section 122(a) of Pub. L. 98–353 section 151 of Title 28Amendment by effective , see , set out as an Effective Date note under , Judiciary and Judicial Procedure.

Effective Date of 1982 Amendment

Pub. L. 97–276Aug. 3, 1981section 151(h)(1) of Pub. L. 97–276 section 5546a of this titleAmendment by effective at 5 o’clock ante meridian eastern daylight time, , see , set out as an Effective Date note under .

Effective Date of 1981 Amendment

Pub. L. 97–141, § 5(b)Dec. 29, 198195 Stat. 1719

“(1)

section 8344(c) of title 5October 1, 1976 Subject to paragraph (2), the amendment made by subsection (a) [amending this section] shall apply to individuals whose annuities terminate under , United States Code, on or after .

“(2)

Dec. 29, 1981 In the case of an individual whose reemployment ended before the date of the enactment of this Act [], the amendment shall apply only upon application by the individual to the Office of Personnel Management within one year after the date of enactment. Upon receipt of such application, the Office shall recompute the annuity, effective as of the day following the day reemployment ended.”

, , , provided that:

Effective Date of 1980 Amendment

Pub. L. 96–504, § 6Dec. 5, 198094 Stat. 2742

“(a)

section 375 of Title 28 section 376 of Title 28 The provisions of this Act [amending this section, repealing , Judiciary and Judicial Procedure, and enacting provisions set out as notes under sections 8342 of this title and ] shall take effect on—

“(1)

Dec. 5, 1980 the date of the enactment of this Act [], or

“(2)

October 1, 1980 ,

whichever date is later.

“(b)

section 8344 of title 5 The provisions of subsection (f) of , United States Code, as added by the first section of this Act, shall apply only to an individual who becomes employed as a justice or judge of the United States on or after the effective date of this Act. The provisions of subsection (g) of such section, as added by the first section of this Act, shall apply to an individual employed as a justice or judge of the United States on the effective date of this Act and to an individual appointed as such a justice or judge on or after such effective date.”

, , , provided that:

Effective Date of 1978 Amendments

Pub. L. 95–598Nov. 6, 1978section 402(d) of Pub. L. 95–598 section 101 of Title 11Amendment by effective , see , set out as an Effective Date note preceding , Bankruptcy.

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 .

Effective Date of 1976 Amendment

Pub. L. 94–397, § 2Sept. 3, 197690 Stat. 1203

“(a)

section 8339 of this titleSept. 3, 1976October 1, 1976 Except as provided under subsection (b) of this section, the amendments made by this Act [amending this section and ] shall become effective on the date of the enactment of this Act [] or , whichever is later, and shall apply to annuitants serving in appointive or elective positions on and after such date.

“(b)

Sept. 3, 1976October 1, 1976 The amendment made by subsection (c) of the first section of this Act [amending this section] shall become effective on the date of the enactment of this Act [] or , whichever is later, but shall not apply to any annuitant reemployed before such date.”

, , , provided that:

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 .

Effective Date of 1971 Amendment

Pub. L. 91–658, § 5(d)Jan. 8, 197184 Stat. 1963

Jan. 8, 1971“The amendment made by section 4 of this Act [amending this section] shall apply only with respect to a reemployed annuitant whose employment terminates on or after the date of enactment of this Act [].”

, , , provided that:

Effective Date of 1970 Amendment

Pub. L. 91–375Aug. 12, 1970section 15(a) of Pub. L. 91–375 section 101 of Title 39Amendment by effective within 1 year after , on date established therefor by Board of Governors of United States Postal Service and published by it in Federal Register, see , set out as an Effective Date note preceding , Postal Service.

Effective Date of 1967 Amendment

Pub. L. 90–83Sept. 6, 1966section 9(h) of Pub. L. 90–83 section 5102 of this titleAmendment by section 1(83)(A), (D) of effective as of , for all purposes, see , set out as a note under .

Elimination of Duplicative Amendments

Pub. L. 102–378, § 8(a)Oct. 2, 1992106 Stat. 1359

Public Law 101–510 104 Stat. 1662 section 5380 of this title“Subsections (i) and (j) of section 1206 of the Defense Acquisition Workforce Improvement Act, as contained in the National Defense Authorization Act for Fiscal Year 1991 (; , 1663) [enacting , amending this section and sections 5532 and 8468 of this title, and enacting provisions set out as notes under sections 5532 and 5380 of this title], are repealed, and title 5, United States Code, shall read as if such subsections had not been enacted.”

, , , provided that:

Construction of 2009 Amendment

Pub. L. 111–84, div. A, title XI, § 1122(c)Oct. 28, 2009123 Stat. 2509

section 8468 of this title section 1005 of Title 39“Nothing in the amendments made by this section [amending this section, , and , Postal Service] may be construed to authorize the waiver of the hiring preferences under chapter 33 of title 5, United States Code in selecting annuitants to employ in an appointive or elective position.”

, , , provided that:

Annual Report to Congress

Pub. L. 102–190, div. A, title VI, § 655(d)Dec. 5, 1991105 Stat. 1393

“(1)

section 5531(4) of title 5 For the purpose of this subsection, the term ‘agency in the legislative branch’ has the meaning given such term by , United States Code, as amended by subsection (a).

“(2)

Each agency in the legislative branch shall submit to the Speaker of the House of Representatives and the Committee on Rules and Administration of the Senate, for each calendar year, a written report on how any authority made available as a result of the enactment of this section [amending this section and sections 5531, 5532, and 8468 of this title] was used by such agency during the period covered by such report.

“(3)

A report under this subsection—

“(A)

shall include the number of instances in which each type of authority was exercised, the circumstances justifying the exercise of authority, and, unless previously submitted, a description of the policies and procedures governing each type of authority exercised; and

“(B)

shall be submitted not later than 30 days after the end of the calendar year to which it relates.”

, , , provided that:

Commission on the Operation of the Senate

Pub. L. 94–252Mar. 30, 197690 Stat. 294

Mar. 30, 1976section 8344 of title 5“On and after the date of the enactment of the joint resolution [], the provisions of , United States Code, shall not apply to any individual serving as a member of the Commission on the Operation of the Senate.”

, , , provided that: