§ 2056. Eligibility for annuity

(a) 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.

(b) 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) of this section, 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.

(c) Exception

Failure to meet the service and pay status requirement of subsection (a) of this section 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, § 236, as added Pub. L. 102–496, title VIII, § 802, Oct. 24, 1992, 106 Stat. 3226.)

Prior Provisions

Prior Provisions

A prior section 236 of Pub. L. 88–643, as added Pub. L. 101–193, title III, § 302(2), Nov. 30, 1989, 103 Stat. 1703, related to eligibility for annuity and was set out as a note under section 403 of this title prior to the general amendment of Pub. L. 88–643 by section 802 of Pub. L. 102–496.

A prior section 237 of Pub. L. 88–643, title II, formerly § 236, Oct. 13, 1964, 78 Stat. 1049; Pub. L. 91–626, § 4, Dec. 31, 1970, 84 Stat. 1873; Pub. L. 93–31, May 8, 1973, 87 Stat. 65; Pub. L. 99–335, title V, § 501(2), June 6, 1986, 100 Stat. 622, renumbered § 237, Pub. L. 101–193, title III, § 302(1), Nov. 30, 1989, 103 Stat. 1703, related to limitation on number of retirements and was set out as a note under section 403 of this title prior to the general amendment of Pub. L. 88–643 by section 802 of Pub. L. 102–496.