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United States Code (Last Updated: May 24, 2014) |
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Title 5. GOVERNMENT ORGANIZATION AND EMPLOYEES |
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Part III. EMPLOYEES |
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SubPart G. Insurance and Annuities |
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Chapter 83. RETIREMENT |
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SubChapter III. CIVIL SERVICE RETIREMENT |
§ 8334. Deductions, contributions, and deposits
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(a) (1) (A) The employing agency shall deduct and withhold from the basic pay of an employee, Member, Congressional employee, law enforcement officer, firefighter, bankruptcy judge, judge of the United States Court of Appeals for the Armed Forces, United States magistrate, or C of title I of the Domestic Volunteer Service Act of 1973, or as a volunteer or volunteer leader under the Peace Corps Act before the date of the separation on which the entitlement to any annuity under this subchapter is based may pay, in accordance with such regulations as the Office of Personnel Management shall issue, an amount equal to 7 percent of the readjustment allowance paid to the employee or Member under title VIII of the Economic Opportunity Act of 1964 or section 5(c) or 6(1) of the Peace Corps Act or the stipend paid to the employee or Member under part A, B, or C of title I of the Domestic Volunteer Service Act of 1973, for each period of service as such a volunteer or volunteer leader. This paragraph shall be subject to paragraph (4). (2) Any deposit made under paragraph (1) more than 2 years after the later of— (A) October 1, 1993 ; or(B) the date on which the employee or Member making the deposit first becomes an employee or Member, shall include interest on such amount computed and compounded annually beginning on the date of the expiration of the 2-year period. The interest rate that is applicable in computing interest in any year under this paragraph shall be equal to the interest rate that is applicable for such year under subsection (e). (3) The Director of the Peace Corps and the Chief Executive Officer of the Corporation for National and Community Service shall furnish such information to the Office of Personnel Management as the Office may determine to be necessary for the administration of this subsection. (4) Effective with respect to any period of service after December 31, 1998 , the percentage of the readjustment allowance or stipend (as the case may be) payable under paragraph (1) shall be equal to the same percentage as would be applicable under subsection (c) of this section for the same period for service as an employee.(m) A Member who has served in a position in the executive branch for which the rate of basic pay was reduced for the duration of the service of the Member to remove the impediment to the appointment of the Member imposed by article I, section 6, clause 2 of the Constitution, or the survivor of such a Member, may deposit to the credit of the Fund an amount equal to the difference between the amount deducted from the basic pay of the Member during that period of service and the amount that would have been deducted if the rate of basic pay which would otherwise have been in effect during that period had been in effect, plus interest computed under subsection (e). (n) Notwithstanding subsection (c), no deposit may be made with respect to service credited under section 8332(b)(17).
Historical And Revision
Historical and Revision Notes | ||
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1966 Act | ||
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
| July 1, 1957, Pub. L. 85–75, § 101 (proviso on p. 248), 71 Stat. 248. | |
| July 31, 1956, ch. 804, § 401 “Sec. 4”, 70 Stat. 747. | |
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| June 29, 1957, Pub. L. 85–65, § 1, 71 Stat. 209. |
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| May 27, 1958, Pub. L. 85–426, § 214(b) (words before comma), 72 Stat. 143. |
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| Aug. 27, 1958, Pub. L. 85–772, § 1(d), 72 Stat. 930. |
In subsection (a), the words “From and after the first day of the first pay period which begins on or after the effective date of the Civil Service Retirement Act Amendments of 1956” and “From and after the first day of the first pay period which begins after
In subsection (b), the word “rule” is 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 | ||
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Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
8334(g)(4) | 5 App.: 2254(g). | Nov. 2, 1966, Pub. L. 89–702, § 208(c), 80 Stat. 1096. |
References In Text
The date of the enactment of the Department of Defense Authorization Act, 1984, referred to in the table in subsec. (c), is the date of enactment of Pub. L. 98–94 which was approved
Sections 203 and 206 of the Federal Employees’ Retirement Contribution Temporary Adjustment Act of 1983 [Pub. L. 98–168], referred to in subsec. (c), are set out as a note under section 8331 of this title.
Sections 402 and 3101(a) and chapter 21 of the Internal Revenue Code of 1986, referred to in subsecs. (i)(3) and (k)(2)(C)(iv), (4)(A)(ii), are classified to sections 402 and 3101(a) and chapter 21 (§ 3101 et seq.), respectively, of Title 26, Internal Revenue Code.
Section 2(c) of the Retirement and Survivors’ Annuities for Bankruptcy Judges and Magistrates Act of 1988, referred to in subsec. (i)(4), is section 2(c) of Pub. L. 100–659, which is set out as a note under section 377 of Title 28, Judiciary and Judicial Procedure.
The Social Security Act, referred to in subsec. (k)(2)(C)(ii), (4)(A)(ii), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title II of the Social Security Act is classified generally to subchapter II (§ 401 et seq.) of chapter 7 of Title 42, The Public Health and Welfare. Section 230 of the Social Security Act is classified to section 430 of Title 42. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.
The Economic Opportunity Act of 1964, referred to in subsec. (l)(1), is Pub. L. 88–452,
The Domestic Volunteer Service Act of 1973, referred to in subsec. (l)(1), is Pub. L. 93–113,
The Peace Corps Act, referred to in subsec. (l)(1), is Pub. L. 87–293,
Amendments
2009—Subsec. (d)(2)(A)(i). Pub. L. 111–84 substituted “
2007—Subsec. (a)(1)(A). Pub. L. 110–161, § 535(a)(2)(A), substituted “nuclear materials courier, or customs and border protection officer,” for “or nuclear materials courier,”.
Subsec. (c). Pub. L. 110–161, § 535(a)(2)(B), inserted table relating to customs and border protection officer.
2006—Subsec. (a)(1)(B)(ii). Pub. L. 109–435 added cl. (ii) and struck out former cl. (ii) which read as follows: “In the case of an employee of the United States Postal Service, the amount to be contributed under this subparagraph shall (instead of the amount described in clause (i)) be equal to the product derived by multiplying the employee’s basic pay by the percentage equal to—
“(I) the normal-cost percentage for the applicable employee category listed in subparagraph (A), minus
“(II) the percentage deduction rate that applies with respect to such employee under subparagraph (A).”
2003—Subsec. (a)(1). Pub. L. 108–18, § 2(b)(1), designated first sentence as subpar. (A), designated second and third sentences as subpar. (B)(i), substituted “Except as provided in clause (ii), an equal” for “An equal” in subpar. (B)(i), and added subpar. (B)(ii).
Subsec. (k)(1)(A). Pub. L. 108–18, § 2(b)(2)(A), substituted “subsection (a)(1)(A)” for “the first sentence of subsection (a)(1) of this section”.
Subsec. (k)(1)(B). Pub. L. 108–18, § 2(b)(2)(B), substituted “subparagraph (B) of subsection (a)(1)” for “the second sentence of subsection (a)(1) of this section” and “such subparagraph” for “such sentence”.
Subsec. (k)(2)(C)(iii). Pub. L. 108–18, § 2(b)(2)(C), substituted “subsection (a)(1)(A)” for “the first sentence of subsection (a)(1)”.
2001—Subsec. (n). Pub. L. 107–107 added subsec. (n).
2000—Subsec. (a)(1). Pub. L. 106–553, § 1(a)(2) [title III, § 308(b)(1)(A)], inserted “member of the Supreme Court Police,” after “member of the Capitol Police,”.
Subsec. (c). Pub. L. 106–553, § 1(a)(2) [title III, § 308(b)(1)(B)], in table relating to law enforcement officer for law enforcement service and firefighter for firefighter service, inserted “, member of the Supreme Court Police for Supreme Court Police service,” after “law enforcement service”.
Pub. L. 106–346, in tables relating to an employee, a Member or employee for Congressional employee service, a law enforcement officer for law enforcement service and firefighter for firefighter service, a bankruptcy judge, a judge of the United States Court of Appeals for the Armed Forces for service as a judge of that court, a United States magistrate judge, a Court of Federal Claims judge, a member of the Capitol Police, and a nuclear materials courier, substituted item relating to service period after
1999—Subsec. (c). Pub. L. 106–65, in table relating to nuclear materials courier, substituted “
1998—Subsec. (a)(1). Pub. L. 105–261, § 3154(c)(1), substituted “member of the Capitol Police, or nuclear materials courier,” for “or member of the Capitol Police,”.
Subsec. (c). Pub. L. 105–261, § 3154(c)(2), inserted table relating to nuclear materials courier.
1997—Subsec. (a)(1). Pub. L. 105–33, § 7001(a)(3)(A), amended first sentence generally. Prior to amendment, first sentence read as follows: “The employing agency shall deduct and withhold 7 percent of the basic pay of an employee, 7½ percent of the basic pay of a Congressional employee, a law enforcement officer, and a firefighter, and 8 percent of the basic pay of a Member, a Court of Federal Claims judge, a United States magistrate, a judge of the United States Court of Appeals for the Armed Forces, and a bankruptcy judge.”
Subsec. (c). Pub. L. 105–33, § 7001(a)(3)(B)(ix), inserted table relating to member of the Capitol Police.
Pub. L. 105–33, § 7001(a)(3)(B)(viii), in table relating to a Court of Federal Claims Judge, substituted items relating to service periods
Pub. L. 105–33, § 7001(a)(3)(B)(vii), in table relating to a United States magistrate, substituted items relating to service periods
Pub. L. 105–33, § 7001(a)(3)(B)(vi), in table relating to a judge of the United States Court of Appeals for the Armed Forces for service as a judge of that court, substituted items relating to service periods on and after the date of enactment of the Department of Defense Authorization Act, 1984, to after
Pub. L. 105–33, § 7001(a)(3)(B)(v), in table relating to a bankruptcy judge, substituted items relating to service periods
Pub. L. 105–33, § 7001(a)(3)(B)(iv), in table relating to a law enforcement officer for law enforcement service and firefighter for firefighter service, substituted items relating to service periods
Pub. L. 105–33, § 7001(a)(3)(B)(i)–(iii), in tables relating to an employee, a Member or employee for Congressional employee service, and a Member for Member service, substituted items relating to service periods
Subsec. (j)(1)(A). Pub. L. 105–33, § 7001(a)(4)(A)(i), inserted “and subject to paragraph (5),” after “Except as provided in subparagraph (B),”.
Subsec. (j)(5). Pub. L. 105–33, § 7001(a)(4)(A)(ii), added par. (5).
Subsec. (l)(1). Pub. L. 105–33, § 7001(a)(4)(B)(i), inserted at end “This paragraph shall be subject to paragraph (4).”
Subsec. (l)(4). Pub. L. 105–33, § 7001(a)(4)(B)(ii), added par. (4).
Subsec. (m). Pub. L. 105–61 added subsec. (m).
1996—Subsec. (a)(1). Pub. L. 104–186, § 215(12)(A), substituted “Chief Administrative Officer of the House of Representatives, the Chief Administrative Officer may pay from the applicable accounts of the House of Representatives” for “Clerk of the House of Representatives, the Clerk may pay from the contingent fund of the House”.
Subsec. (a)(2). Pub. L. 104–316 substituted “Secretary of the Treasury” for “Comptroller General of the United States”.
Subsec. (j)(1)(A), (3). Pub. L. 104–186, § 215(12)(B), substituted “Chief Administrative Officer” for “Clerk”.
1994—Subsec. (a)(1). Pub. L. 103–337 substituted “Court of Appeals for the Armed Forces” for “Court of Military Appeals”.
Subsec. (c). Pub. L. 103–337 substituted “Court of Appeals for the Armed Forces” for “Court of Military Appeals” in table.
Subsec. (j)(1). Pub. L. 103–353, § 5(b)(1), designated existing provisions as subpar. (A) and substituted “Except as provided in subparagraph (B), each employee” for “Each employee” and added subpar. (B).
Subsec. (j)(2)(B). Pub. L. 103–353, § 5(b)(2), inserted before comma at end “following the period of military service for which such deposit is due”.
1993—Subsec. (e)(1), (2). Pub. L. 103–82, § 371(a)(2)(B), substituted “(k), or (l)” for “or (k)”.
Subsec. (h). Pub. L. 103–66 struck out “and by section 8339(j)(5)(C) and the last sentence of section 8339(k)(2) of this title” before “may also be made”.
Subsec. (l). Pub. L. 103–82, § 371(a)(2)(A), added subsec. (l).
1992—Subsec. (a)(1). Pub. L. 102–572, § 902(b)(2), substituted “Court of Federal Claims” for “Claims Court”.
Subsec. (c). Pub. L. 102–572, § 902(b)(2), substituted “Court of Federal Claims” for “Claims Court” in table.
Subsec. (i)(5). Pub. L. 102–378 redesignated par. (5), relating to United States Claims Court judges, as (6).
Subsec. (i)(6). Pub. L. 102–572, § 902(b)(1), substituted “United States Court of Federal Claims” for “United States Claims Court”.
Pub. L. 102–378 redesignated par. (5), relating to United States Claims Court judges, as (6).
1991—Subsec. (i)(5). Pub. L. 102–40 substituted “section 7296 of title 38” for “section 4096 of title 38”.
1990—Subsec. (a)(1). Pub. L. 101–650, § 306(c)(2)(A), inserted “a Claims Court Judge,” after “Member,”.
Subsec. (c). Pub. L. 101–650, § 306(c)(2)(B), inserted table covering percentages of pay and service periods for a Claims Court Judge.
Subsec. (d). Pub. L. 101–508, § 7001(b)(1), designated existing provisions as par. (1) and added par. (2).
Subsec. (e)(1), (2). Pub. L. 101–508, § 7001(b)(2)(A), substituted “(d)(1),” for “(d),”.
Subsec. (f). Pub. L. 101–508, § 7001(b)(2)(B), substituted “(d)(1)” for “(d)”.
Subsec. (h). Pub. L. 101–508, § 7001(b)(2)(A), substituted “(d)(1),” for “(d),”.
Subsec. (i)(5). Pub. L. 101–650, § 3069(e)(2), added par. (5) relating to judges covered by a section of title 28.
1989—Subsec. (i)(5). Pub. L. 101–94 added par. (5) relating to judges covered by a section of title 38.
1988—Subsec. (c). Pub. L. 100–238, § 102, struck out period at end and inserted “, and, with respect to any such service performed after
Subsec. (i)(4). Pub. L. 100–659 added par. (4).
Subsec. (k)(4). Pub. L. 100–238, § 108(b)(1), added par. (4).
1987—Subsec. (a)(1). Pub. L. 100–53, § 2(b)(1), substituted “Member, a United States magistrate, a judge” for “Member and a judge” and “Appeals,” for “Appeals”.
Subsec. (c). Pub. L. 100–53, § 2(b)(2), inserted table covering percentages of basic pay and service periods for United States magistrates.
1986—Subsec. (c). Pub. L. 99–335, § 201(c), inserted provision that notwithstanding preceding provisions of this subsection and any provision of section 206(b)(3) of Federal Employees’ Retirement Contribution Temporary Adjustment Act of 1983, the percentage of basic pay required under this subsection in case of an individual described in section 8402(b)(2) of this title shall, with respect to any covered service performed after
Subsec. (e)(1), (2). Pub. L. 99–335, § 201(a)(2)(A), substituted “(j), or (k)” for “or (j)”.
Subsec. (f). Pub. L. 99–335, § 201(a)(2)(B), inserted “or (k)” after “subsection (a)”.
Subsec. (h). Pub. L. 99–335, § 201(a)(2)(C), substituted “(j), and (k)” for “and (j)”.
Subsec. (i)(3). Pub. L. 99–514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”.
Subsec. (k). Pub. L. 99–335, § 201(a)(1), added subsec. (k).
Subsec. (k)(2)(C)(iv). Pub. L. 99–514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”.
1984—Subsec. (a)(1). Pub. L. 98–353, § 116(b)(1), inserted “and a bankruptcy judge”.
Subsec. (c). Pub. L. 98–353, § 116(b)(2), substituted in the table relating to bankruptcy judges the items relating to 7 percent for the period
Subsec. (h). Pub. L. 98–615 substituted “annuities, deposits authorized by subsections (c), (d), and (j) of this section and by section 8339(j)(5)(C) and the last sentence of section 8339(k)(2) of this title may also be made by a survivor” for “annuity, deposits authorized by subsections (c), (d), and (j) of this section may also be made by the survivor”.
1983—Subsec. (a)(1). Pub. L. 98–94, § 1256(a)(1), inserted “and a judge of the United States Court of Military Appeals” after “and 8 percent of the basic pay of a Member”.
Subsec. (c). Pub. L. 98–94, § 1256(a)(2), added to the table items covering a judge of the United States Court of Military Appeals for service as a judge of that court.
Subsec. (g)(4). Pub. L. 98–129 substituted “
Subsec. (j)(2)(A). Pub. L. 98–94, § 1257, substituted “
1982—Subsec. (e). Pub. L. 97–253, § 303(a)(1), redesignated existing provisions as par. (2), inserted provision that interest accrues annually on the outstanding portion of any amount that may be deposited under subsec. (c), (d), or (j) of this section, and is compounded annually until the portion is deposited, substituted “Such interest” for “Interest under subsection (c) or (d) of this section”, struck out “, to the date of deposit or commencing date of annuity, whichever is earlier” after “date refund was paid”, and struck out provision that the interest was computed at the rate of four percent a year to
Subsec. (e)(3). Pub. L. 97–346, § 3(c), substituted “the preceding fiscal year” for “the preceding calendar year” and “during such fiscal year” for “during such calendar year”.
Subsec. (g)(2). Pub. L. 97–253, § 306(e), inserted “, except to the extent provided under section 8332(c) or section 8334(j) of this title”.
Subsec. (h). Pub. L. 97–346, § 3(d), inserted reference to subsec. (j).
Subsec. (i). Pub. L. 97–164 added subsec. (i).
Subsec. (j). Pub. L. 97–253, § 306(d), added subsec. (j).
Subsec. (j)(1). Pub. L. 97–346, § 3(a), substituted “period” for “month”.
Pub. L. 97–346, § 3(e)(1), struck out “within 90 days after the effective date of this subsection” after “regulations as the Office shall issue”, and substituted “The amount of such payments shall be based on such evidence of basic pay for military service as the employee or Member may provide, or if the Office determines sufficient evidence has not been so provided to adequately determine basic pay for military service, such payment shall be based upon estimates of such basic pay provided to the Office under paragraph (4)” for “as certified to the agency, the Secretary of the Senate, or the Clerk of the House of Representatives, as appropriate, by the Secretary of Defense, the Secretary of Transportation, the Secretary of Commerce, or the Secretary of Health and Human Services, as appropriate, upon the employee’s or Member’s request”.
1978—Subsec. (c). Pub. L. 95–598 inserted bankruptcy judge schedule of deposits.
Subsec. (f). Pub. L. 95–454 substituted “Office of Personnel Management” for “Civil Service Commission”.
Subsec. (g)(6). Pub. L. 95–382 added par. (6).
1975—Subsec. (c), Pub. L. 94–126, § 1(a), struck out last sentence requiring that deposit, with respect to a period of service referred to in section 8332(b)(6) of this title performed before
Subsec. (g)(5). Pub. L. 94–126, § 2(a), substituted reference to “section 8339(m) of this title” for “section 8339(n) of this title”.
1974—Subsec. (a)(1). Pub. L. 93–350, § 3(a), inserted “a law enforcement officer, and a firefighter,” after “Congressional employee,”.
Subsec. (c). Pub. L. 93–350, § 3(b), inserted schedule for law enforcement officer for law enforcement service and firefighter for firefighter service.
1972—Subsec. (g)(5). Pub. L. 92–297 substituted “section 8339(n)” for “section 8339(m)”.
1969—Subsec. (a)(1). Pub. L. 91–93, § 102(a)(1), designated first and second sentences of subsec. (a) as subsec. (a)(1), increasing by one-half percent the deduction from the basic pay of an employee and a Member to 7 and 8 percent, respectively, and providing for a 7½ percent deduction from basic pay of a Congressional employee.
Subsec. (a)(2). Pub. L. 91–93, § 102(a)(1), designated third and fourth sentences of subsec. (a) as subsec. (a)(2), deleting “under this section” after “Member”.
Subsec. (c). Pub. L. 91–93, § 102(a)(2), substituted service period
Subsec. (g)(5). Pub. L. 91–93, § 202, added par. (5).
1968—Subsec. (c). Pub. L. 90–486 inserted provisions that the deposit with respect to a period of service referred to in section 8332(b)(6) of this title which was performed prior to the specified effective date shall be an amount equal to 55 percent of a deposit computed in accordance with such provisions.
Change Of Name
“United States magistrate judge” and “magistrate judge” substituted for “United States magistrate” and “magistrate”, respectively, wherever appearing in subsecs. (c) and (i)(4) pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure.
Effective Date Of Amendment
Pub. L. 111–84, div. A, title XIX, § 1902(b),
Amendment by Pub. L. 110–161 effective on the later of
Pub. L. 109–435, title VIII, § 805,
Pub. L. 108–18, § 4,
Amendment by Pub. L. 107–107 applicable only to separations from service as an employee of the United States on or after
Amendment by Pub. L. 106–553 effective on the first day of the first applicable pay period that begins on
Pub. L. 106–346, § 101(a) [title V, § 505(i)],
Amendment by Pub. L. 105–261 effective at the beginning of the first pay period that begins after
Section 516(b) of Pub. L. 105–61 provided that:
Section 7001(f) of Pub. L. 105–33 provided that:
Amendment by Pub. L. 103–353 effective with respect to reemployments initiated on or after the first day after the 60-day period beginning
Amendment by Pub. L. 103–82 effective
Amendment by Pub. L. 103–66 effective on first day of first month beginning at least 30 days after
Amendment by Pub. L. 102–572 effective
Amendment by Pub. L. 101–650 applicable to judges of, and senior judges in active service with, the United States Court of Federal Claims on or after
Section 7001(b)(3) of Pub. L. 101–508 provided that:
Amendment by Pub. L. 100–659 effective
Section 108(b)(3) of Pub. L. 100–238 provided that:
Amendment by Pub. L. 100–53 effective
Amendment by Pub. L. 99–335 effective
Amendment by Pub. L. 98–615 effective
Amendment by Pub. L. 98–353 effective
Section 1256(f) of Pub. L. 98–94 provided that:
Section 303(d)(1) of Pub. L. 97–253, as amended by Pub. L. 97–346, § 3(j)(1), “The amendments made by subsections (a) and (b) [amending this section and sections 8339 and 8343 of this title] shall apply with respect to deposits for service performed on or after
Amendment by section 306(d), (e) of Pub. L. 97–253 effective
Amendment by Pub. L. 97–164 effective
Amendment by Pub. L. 95–598 effective
Amendment by Pub. L. 95–454 effective 90 days after
Amendment by Pub. L. 95–382 effective Oct 1, 1978, and applicable to specified annuities, see section 2 of Pub. L. 95–382, set out as a note under section 8332 of this title.
Section 3 of Pub. L. 94–126 provided that:
Amendment by Pub. L. 93–350 effective at beginning of first applicable pay period which begins after
Amendment by Pub. L. 92–297 effective on 90th day after
Section 102(b) of Pub. L. 91–93 provided that:
Amendment by Pub. L. 91–93 inapplicable in cases of persons retired or otherwise separated prior to
Amendment by Pub. L. 90–486 effective
Miscellaneous
Pub. L. 106–346, § 101(a) [title V, § 505(f)],
Pub. L. 105–261, div. C, title XXXI, § 3154(c)(3),
Section 7001(a)(1), (2) of Pub. L. 105–33 provided that:
Section 103(e) of Pub. L. 100–238 provided that:
[For transfer of the functions, personnel, assets, and obligations of the United States Secret Service, including the functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 381, 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of
Section 128 of Pub. L. 100–238 provided that:
Amendment by Pub. L. 90–486 not applicable to persons employed prior to