5 U.S.C. § 8425

Editorial Notes

Amendments

Pub. L. 117–2252022—Subsecs. (b)(1), (c), (d). inserted “(1)” after “section 8412(d)”.

Pub. L. 111–259, § 444(b)(2)section 2005(b)(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(b)(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 who” for “or nuclear materials courier who” and “nuclear materials courier, or customs and border protection officer” for “or nuclear materials courier,”.

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

Pub. L. 108–458, § 2005(b)(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(b)(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 8401(35)(A).”

Pub. L. 107–272001—Subsec. (b). struck out first sentence which read “A firefighter who is otherwise eligible for immediate retirement under section 8412(d) 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” in two places and substituted “courier, as the case may be, becomes 57 years of age” for “courier becomes 57 years of age”.

Pub. L. 106–553, § 1(a)(2) [title III, § 308(c)(5)(A)]2000—Subsec. (d). , added subsec. (d). Former subsec. (d) redesignated (e).

Pub. L. 106–553, § 1(a)(2) [title III, § 308(c)(5)]Subsec. (e). , redesignated subsec. (d) as (e) and substituted “Police or Supreme Court Police)” for “Police)”.

Pub. L. 105–2611998—Subsec. (b). , in second sentence, inserted “or nuclear materials courier” after “law enforcement officer” in two places.

Pub. L. 103–283, § 307(b)(1)(A)1994—Subsec. (b). , struck out “member of the Capitol Police or” before “firefighter who is” and “member or” before “firefighter becomes” in first sentence.

Pub. L. 103–283, § 307(b)(1)(B)Subsecs. (c), (d). , (C), added subsec. (c) and redesignated former subsec. (c) as (d).

Pub. L. 102–3781992—Subsec. (b). amended first sentence generally and, in second sentence, substituted “becomes” for “become”. Prior to amendment, first sentence read as follows: “A law enforcement officer, member of the Capitol Police, or firefighter who is otherwise eligible for immediate retirement under section 8412(d) shall be separated from the service on the last day of the month in which that law enforcement officer, member of the Capitol Police, or firefighter becomes 55 years of age or completes 20 years of service if then over that age.”

Pub. L. 101–509, § 529 [title IV, § 409(b)(1)]Pub. L. 101–428, § 3(b)(1)(A)1990—Subsec. (b). , which directed the amendment of subsec. (b) by striking out “law enforcement officer or” wherever appearing in first sentence, could not be executed because of a prior amendment by , see below.

Pub. L. 101–509, § 529 [title IV, § 409(b)(2)], inserted after first sentence “A law enforcement officer who is otherwise eligible for immediate retirement under section 8412(d) shall be separated from the service on the last day of the month in which that law enforcement officer become 57 years of age or completes 20 years of service if then over that age.”

Pub. L. 101–428, § 3(b)(1)(A), substituted “officer, member of the Capitol Police, or” for “officer or” in two places.

Pub. L. 101–428, § 3(b)(2)Subsec. (c). , inserted “(other than a member of the Capitol Police)” after “employee”.

Statutory Notes and Related Subsidiaries

Effective Date of 2022 Amendment

Pub. L. 117–225Dec. 9, 2022Dec. 9, 2022section 3(f) of Pub. L. 117–225section 8336 of this titleAmendment by effective , and applicable to an individual who suffers an illness or injury described in certain Code provisions on or after the date that is 2 years after , see , set out as a note under .

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 Amendment

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 .

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

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 .

Exception to Automatic Separation of Members of Capitol Police

Pub. L. 101–428, § 3(b)(1)(B)Oct. 15, 1990104 Stat. 929