One-out-of-two requirement
A participant must complete, within the last two years before any separation from service (except a separation because of death or disability) at least one year of creditable civilian service during which the participant is subject to this subchapter and in a pay status before the participant or the participant’s survivors are eligible for an annuity under this subchapter based on that separation.
Refund of contributions for time not allowed for credit
If a participant (other than a participant separated from the service because of death or disability) fails to meet the service and pay status requirement of subsection (a), any amounts deducted from the participant’s pay during the period for which no eligibility is established based on the separation shall be returned to the participant on the separation.
Exception
Failure to meet the service and pay status requirement of subsection (a) shall not deprive the participant or the participant’s survivors of any annuity to which they may be entitled under this subchapter based on a previous separation.
Pub. L. 88–643, title II, § 236Pub. L. 102–496, title VIII, § 802106 Stat. 3226 (, as added , , .)
Editorial Notes
Prior Provisions
section 236 of Pub. L. 88–643Pub. L. 101–193, title III, § 302(2)103 Stat. 1703 section 403 of this titlePub. L. 88–643section 802 of Pub. L. 102–496A prior , as added , , , related to eligibility for annuity and was set out as a note under prior to the general amendment of by .
section 237 of Pub. L. 88–64378 Stat. 1049 Pub. L. 91–626, § 484 Stat. 1873 Pub. L. 93–3187 Stat. 65 Pub. L. 99–335, title V, § 501(2)100 Stat. 622 Pub. L. 101–193, title III, § 302(1)103 Stat. 1703 section 403 of this titlePub. L. 88–643section 802 of Pub. L. 102–496A prior , title II, formerly § 236, , ; , , ; , , ; , , , renumbered § 237, , , , related to limitation on number of retirements and was set out as a note under prior to the general amendment of by .
Statutory Notes and Related Subsidiaries
Effective Date
section 805 of Pub. L. 102–496section 2001 of this titleSection effective on first day of fourth month beginning after , see , set out as a note under .