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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 |
§ 8336. Immediate retirement
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(a) An employee who is separated from the service after becoming 55 years of age and completing 30 years of service is entitled to an annuity. (b) An employee who is separated from the service after becoming 60 years of age and completing 20 years of service is entitled to an annuity. (c) (1) An employee who is separated from the service after becoming 50 years of age and completing 20 years of service as a law enforcement officer, firefighter, nuclear materials courier, or customs and border protection officer, or any combination of such service totaling at least 20 years, is entitled to an annuity. (2) An employee is entitled to an annuity if the employee— (A) was a law enforcement officer or firefighter employed by the Panama Canal Company or the Canal Zone Government at any time during the period beginning March 31, 1979 , and endingSeptember 30, 1979 ; and(B) is separated from the service before January 1, 2000 , after becoming 48 years of age and completing 18 years of service as a law enforcement officer or firefighter, or any combination of such service totaling at least 18 years.(d) An employee who— (1) is separated from the service involuntarily, except by removal for cause on charges of misconduct or delinquency; or (2) (A) has been employed continuously, by the agency in which the employee is serving, for at least the 31-day period ending on the date on which such agency requests the determination referred to in subparagraph (D); (B) is serving under an appointment that is not time limited; (C) has not been duly notified that such employee is to be involuntarily separated for misconduct or unacceptable performance; (D) is separated from the service voluntarily during a period in which, as determined by the office 88 Stat. 2209). (3) (A) The provisions of paragraph (1) of this subsection shall not apply with respect to any separation of any employee which occurs after the date 10 years after— (i) the date the employee first meets the years of service and age requirements of paragraph (1)(A)(i), or (ii) the date of the enactment of this paragraph, if the employee met those requirements before that date. (B) For purposes of applying this paragraph with respect to any employee of the Bureau of Indian Affairs in the Department of the Interior or of the Indian Health Service in the Department of Health, Education, and Welfare, the Secretary of the department involved may postpone the date otherwise applicable under subparagraph (A) if— (i) such employee consents to such postponement, and (ii) the Secretary finds that such postponement is necessary for the continued effective operation of the agency. The period of any postponement under this subparagraph shall not exceed 12 months and the total period of all postponements with respect to any employee shall not exceed 5 years. (4) For the purpose of this subsection— (A) “Bureau of Indian Affairs” means (i) the Bureau of Indian Affairs and (ii) all other organizational units in the Department of the Interior directly and primarily related to providing services to Indians and in which positions are filled in accordance with the Indian preference laws. (B) “Indian preference laws” means section 12 of the Act of June 18, 1934 (25 U.S.C. 472; 48 Stat. 986), or any other provision of law granting a preference to Indians in promotions or other Federal personnel actions. (k) A bankruptcy judge, United States magistrate judge, or Court of Federal Claims judge who is separated from service, except by removal, after becoming 62 years of age and completing 5 years of civilian service, or after becoming 60 years of age and completing 10 years of service as a bankruptcy judge, United States magistrate judge, or Court of Federal Claims judge, is entitled to an annuity. (l) A judge of the United States Court of Appeals for the Armed Forces who is separated from the service after becoming 62 years of age and completing 5 years of civilian service or after completing the term of service for which he was appointed as a judge of such court is entitled to an annuity. A judge who is separated from the service before becoming 60 years of age is entitled to a reduced annuity. (m) A member of the Capitol Police who is separated from the service after becoming 50 years of age and completing 20 years of service as a member of the Capitol Police as a law enforcement officer, or as a customs and border protection officer, or any combination of such service totaling at least 20 years, is entitled to an annuity. (n) A member of the Supreme Court Police who is separated from the service after becoming 50 years of age and completing 20 years of service as a member of the Supreme Court Police as a law enforcement officer, or as a customs and border protection officer, or any combination of such service totaling at least 20 years, is entitled to an annuity. (o) An annuity or reduced annuity authorized by this section is computed under section 8339 of this title. (p) (1) The Secretary of Defense may, during fiscal years 2002 and 2003, carry out a program under which an employee of the Department of Defense may be separated from the service entitled to an immediate annuity under this subchapter if the employee— (A) has— (i) completed 25 years of service; or (ii) become 50 years of age and completed 20 years of service; and (B) is eligible for the annuity under paragraph (2) or (3). (2) (A) For the purposes of paragraph (1), an employee referred to in that paragraph is eligible for an immediate annuity under this paragraph if the employee— (i) is separated from the service involuntarily other than for cause; and (ii) has not declined a reasonable offer of another position in the Department of Defense for which the employee is qualified, which is not lower than 2 grades (or pay levels) below the employee’s grade (or pay level), and which is within the employee’s commuting area. (B) For the purposes of paragraph (2)(A)(i), a separation for failure to accept a directed reassignment to a position outside the commuting area of the employee concerned or to accompany a position outside of such area pursuant to a transfer of function may not be considered to be a removal for cause. (3) For the purposes of paragraph (1), an employee referred to in that paragraph is eligible for an immediate annuity under this paragraph if the employee satisfies all of the following conditions: (A) The employee is separated from the service voluntarily during a period in which the organization within the Department of Defense in which the employee is serving is undergoing a major organizational adjustment. (B) The employee has been employed continuously by the Department of Defense for more than 30 days before the date on which the head of the employee’s organization requests the determinations required under subparagraph (A). (C) The employee is serving under an appointment that is not limited by time. (D) The employee is not in receipt of a decision notice of involuntary separation for misconduct or unacceptable performance. (E) The employee is within the scope of an offer of voluntary early retirement, as defined on the basis of one or more of the following objective criteria: (i) One or more organizational units. (ii) One or more occupational groups, series, or levels. (iii) One or more geographical locations. (iv) Any other similar objective and nonpersonal criteria that the Office of Personnel Management determines appropriate. (4) Under regulations prescribed by the Office of Personnel Management, the determinations of whether an employee meets— (A) the requirements of subparagraph (A) of paragraph (3) shall be made by the Office, upon the request of the Secretary of Defense; and (B) the requirements of subparagraph (E) of such paragraph shall be made by the Secretary of Defense. (5) A determination of which employees are within the scope of an offer of early retirement shall be made only on the basis of consistent and well-documented application of the relevant criteria. (6) In this subsection, the term “major organizational adjustment” means any of the following: (A) A major reorganization. (B) A major reduction in force. (C) A major transfer of function. (D) A workforce restructuring— (i) to meet mission needs; (ii) to achieve one or more reductions in strength; (iii) to correct skill imbalances; or (iv) to reduce the number of high-grade, managerial, supervisory, or similar positions.
Historical And Revision
Historical and Revision Notes | ||
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1966 Act | ||
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
| 5 U.S.C. 2256 (less last sentence in (f)). | July 31, 1956, ch. 804, § 401 “Sec. 6 (less last sentence in (f))”, 70 Stat. 749. |
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| July 7, 1960, Pub. L. 86–604, § 1(b), 74 Stat. 358. |
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| July 12, 1960, Pub. L. 86–622, § 3(b), 74 Stat. 410. |
Standard changes are made to conform with the definition 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) |
8336(a) 8336(b) | 5 App.: 2256(a). 5 App.: 2256(b). | July 18, 1966, Pub. L. 89–504, § 504, 80 Stat. 301. |
In subsections (a) and (b), the words “is entitled to” are substituted for “shall * * * be paid”. The words “computed as provided in section 9” are omitted as unnecessary in view of 5 U.S.C. 8339.
References In Text
Section 105(e)(2) of the Indian Self-Determination Act (25 U.S.C. 450i(a)(2); 88 Stat. 2209), referred to in subsec. (j)(2)(B), was renumbered section 104(e)(2) of that Act by Pub. L. 100–472, title II, § 203(a),
The date of the enactment of this paragraph, referred to in subsec. (j)(3)(A)(ii), is
Amendments
2007—Subsec. (c)(1). Pub. L. 110–161, § 535(a)(4)(A), substituted “nuclear materials courier, or customs and border protection officer” for “or nuclear materials courier”.
Subsecs. (m), (n). Pub. L. 110–161, § 535(a)(4)(B), substituted “as a law enforcement officer, or as a customs and border protection officer,” for “or as a law enforcement officer,”.
2002—Subsec. (d)(2). Pub. L. 107–296, § 1313(b)(1), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “except in the case of an employee who is separated from the service under a program carried out under subsection (p), while serving in a geographic area designated by the Office of Personnel Management, is separated from the service voluntarily during a period in which the Office determines that—
“(A) the agency in which the employee is serving is undergoing a major reorganization, a major reduction in force, or a major transfer of function; and
“(B) a significant percent of the employees serving in such agency will be separated or subject to an immediate reduction in the rate of basic pay (without regard to subchapter VI of chapter 53 of this title or comparable provisions);”.
Subsec. (h)(1). Pub. L. 107–296, § 1321(a)(4)(A), struck out “for failure to be recertified as a senior executive under section 3393a or” before “for less than”.
2001—Subsec. (d)(2). Pub. L. 107–107, § 1048(i)(5)(A), substituted “subsection (p)” for “subsection (o)” in introductory provisions.
Subsecs. (o), (p). Pub. L. 107–107, § 1048(i)(5)(B), redesignated subsec. (o), relating to Department of Defense employees, as (p).
2000—Subsec. (d)(2). Pub. L. 106–398, § 1 [[div. A], title XI, § 1152(a)(1)], inserted “except in the case of an employee who is separated from the service under a program carried out under subsection (o),” before “while serving” in introductory provisions.
Subsec. (n). Pub. L. 106–553 added subsec. (n). Former subsec. (n), relating to computation of annuity under section 8339 of this title, redesignated (o).
Subsec. (o). Pub. L. 106–553 redesignated subsec. (n), relating to computation of annuity under section 8339 of this title, as (o).
Pub. L. 106–398, § 1 [[div. A], title XI, § 1152(a)(2)], added subsec. (o) relating to Department of Defense employees.
1999—Subsecs. (d)(2), (o). Pub. L. 106–58 repealed Pub. L. 105–261, § 1109(a). See 1998 Amendment notes below.
1998—Subsec. (c)(1). Pub. L. 105–261, § 3154(e), substituted “, firefighter, or nuclear materials courier” for “or firefighter”.
Subsec. (d)(2). Pub. L. 105–261, § 1109(a)(1), which directed insertion of “except in the case of an employee described in subsection (o)(1),” after “(2)”, was repealed by Pub. L. 106–58.
Subsec. (o). Pub. L. 105–261, § 1109(a)(2), which directed addition of subsec. (o), relating to authority of Department of Defense to offer employees voluntary early retirement, was repealed by Pub. L. 106–58.
1994—Subsec. (l). Pub. L. 103–337 substituted “Court of Appeals for the Armed Forces” for “Court of Military Appeals”.
1992—Subsec. (k). Pub. L. 102–572 substituted “Court of Federal Claims” for “Claims Court” in two places.
1990—Subsec. (i)(3), (4). Pub. L. 101–510 added par. (3) and redesignated former par. (3) as (4).
Subsec. (k). Pub. L. 101–650 amended subsec. (k) generally. Prior to amendment, subsec. (k) read as follows: “A bankruptcy judge or United States magistrate who is separated from service, except by removal, after becoming 62 years of age and completing 5 years of civilian service, or after becoming 60 years of age and completing 10 years of service as a bankruptcy judge or United States magistrate, is entitled to an annuity.”
Subsecs. (m), (n). Pub. L. 101–428 added subsec. (m) and redesignated former subsec. (m) as (n).
1989—Subsec. (h)(1). Pub. L. 101–194, § 506(b)(7)(A), substituted “for failure to be recertified as a senior executive under section 3393a or for” for “for”.
Subsec. (h)(2), (3). Pub. L. 101–194, § 506(b)(7)(B), (C), substituted “for failure to be recertified as a senior executive or for” for “for”.
1988—Subsec. (h)(3). Pub. L. 100–325 added par. (3).
1987—Subsec. (k). Pub. L. 100–53 amended subsec. (k) generally. Prior to amendment, subsec. (k) read as follows: “A bankruptcy judge who is separated from service, except by removal, after becoming sixty-two years of age and completing ten years of service as a bankruptcy judge is entitled to an annuity.”
1985—Subsec. (j)(3)(A). Pub. L. 99–190 substituted “10 years” for “5 years”.
1984—Subsec. (d). Pub. L. 98–615 inserted provision that for purposes of par. (1), separation for failure to accept a directed reassignment to a position outside the commuting area of the employee concerned or to accompany a position outside of such area pursuant to a transfer of function shall not be considered to be a removal for cause on charges of misconduct or delinquency.
Subsec. (k). Pub. L. 98–353, § 116(c), added subsec. (k). Former subsec. (k) redesignated (l).
Subsec. (l). Pub. L. 98–531 redesignated the subsec. (l), which was redesignated by Pub. L. 98–94, as (m).
Pub. L. 98–353, § 116(c)(1), redesignated subsec. (k) as (l).
Subsec. (m). Pub. L. 98–531 redesignated the subsec. (l), which was redesignated by Pub. L. 98–94, as (m).
1983—Subsecs. (k), (l). Pub. L. 98–94 added subsec. (k) and redesignated former subsec. (k) as (l).
1982—Subsec. (d). Pub. L. 97–253, § 308(a), inserted provision that the agency which is undergoing a major reorganization, a major reduction in force, or a major transfer of function must have a significant percent of its employees who will be separated or subject to an immediate reduction in the rate of basic pay and inserted provision that notwithstanding the first sentence of this subsection, an employee described in paragraph (1) of this subsection is not entitled to an annuity under this subsection if the employee has declined a reasonable offer of another position in the employee’s agency for which the employee is qualified, which is not lower than 2 grades (or pay levels) below the employee’s grade (or pay level), and which is within the employee’s commuting area.
1981—Subsec. (h). Pub. L. 97–89 designated existing provisions as par. (1) and added par. (2).
1979—Subsec. (c). Pub. L. 96–70 § 1241(a)(1), designated existing provisions as par. (1) and added par. (2).
Subsec. (i). Pub. L. 96–70, § 1241(a)(2), added subsec. (i). Former subsec. (i) redesignated (j).
Subsec. (j). Pub. L. 96–135 added subsec. (j). Former subsec. (j) redesignated (k).
Pub. L. 96–70, § 1241(a)(2), redesignated former subsec. (i) as (j).
Subsec. (k). Pub. L. 96–135 redesignated former subsec. (j) as (k).
1978—Subsec. (d)(2). Pub. L. 95–454, § 306, substituted provisions relating to the employee’s agency undergoing a major reorganization, reduction in force, or transfer of function, as determined by the Office of Personnel Management, for provisions relating to the employee’s agency undergoing a major reduction in force, as determined by the Commission.
Subsecs. (h), (i). Pub. L. 95–454, § 412(a), added subsec. (h) and redesignated former subsec. (h) as (i).
1975—Subsecs. (d), (g). Pub. L. 94–183 substituted “an” for “a reduced” after “is entitled to”.
1974—Subsec. (c). Pub. L. 93–350 substituted provisions granting annuity entitlement to employees separated from the service after becoming 50 years of age and completing 20 years of service as a law enforcement officer or firefighter or any combination of such service totaling at least 20 years for provisions requiring the head of the employing agency to recommend, and the Civil Service Commission to approve, the retirement of an otherwise eligible employee requiring the agency and the Commission to consider the degree of hazard the employee was subjected to in the performance of his duties, and defining “detention” to include the duties of specified employees.
1973—Subsec. (d). Pub. L. 93–39 reenacted existing provisions, designated part of such provisions as item (1) and added item (2).
1972—Subsec. (c). Pub. L. 92–382 inserted reference to employees performing work directly connected with the control and extinguishment of fires or the maintenance and use of firefighting apparatus and equipment for the purpose of retirement benefits.
Subsecs. (e) to (h). Pub. L. 92–297 added subsec. (e) and redesignated former subsecs. (e) to (g) as (f) to (h), respectively.
Change Of Name
“United States magistrate judge” substituted for “United States magistrate” wherever appearing in subsec. (k) pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure.
Secretary and Department of Health, Education, and Welfare redesignated Secretary and Department of Health and Human Services by section 3508 of Title 20, Education.
Effective Date Of Amendment
Amendment by Pub. L. 110–161 effective on the later of
Amendment by Pub. L. 107–296 effective 60 days after
Amendment by Pub. L. 106–553 effective on the first day of the first applicable pay period that begins on
Pub. L. 105–261, div. A, title XI, § 1109(d),
Amendment by section 3154(e) of Pub. L. 105–261 effective at the beginning of the first pay period that begins 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
Amendment by Pub. L. 101–194 effective
Amendment by Pub. L. 100–53 effective
Amendment by Pub. L. 98–615 effective
Amendment by Pub. L. 98–531 effective
Amendment by Pub. L. 98–353 effective
Section 308(b) of Pub. L. 97–253 provided that:
Amendment by Pub. L. 97–89 effective
Section 1(d) of Pub. L. 96–135 provided that:
Section 1241(b)(1) of Pub. L. 96–70 provided that:
Amendment by section 306 of Pub. L. 95–454 effective 90 days after
Amendment by section 412 of Pub. L. 95–454 effective 9 months after
Amendment by Pub. L. 93–350 effective
Amendment by Pub. L. 92–297 effective on 90th day after
Miscellaneous
Pub. L. 107–296, title XIII, § 1313(b)(5),
For termination of the United States District Court for the District of the Canal Zone at end of the “transition period”, being the 30-month period beginning
Pub. L. 107–296, title XIII, § 1313(b)(3),
Pub. L. 106–303, § 1, “ ‘(2)(A) has been employed continuously by the Government Accountability Office for at least the 31-day period immediately preceding the start of the period referred to in subparagraph (D); “ ‘(B) is serving under an appointment that is not time limited; “ ‘(C) has not received a notice of involuntary separation, for misconduct or unacceptable performance, with respect to which final action remains pending; and “ ‘(D) is separated from the service voluntarily during a period with respect to which the Comptroller General determines that the application of this subsection is necessary and appropriate for the purpose of— “ ‘(i) realigning the Government Accountability Office’s workforce in order to meet budgetary constraints or mission needs; “ ‘(ii) correcting skill imbalances; or “ ‘(iii) reducing high-grade, managerial, or supervisory positions;’. “ ‘(B)(i) has been employed continuously by the Government Accountability Office for at least the 31-day period immediately preceding the start of the period referred to in clause (iv); “ ‘(ii) is serving under an appointment that is not time limited; “ ‘(iii) has not received a notice of involuntary separation, for misconduct or unacceptable performance, with respect to which final action remains pending; and “ ‘(iv) is separated from the service voluntarily during a period with respect to which the Comptroller General determines that the application of this subsection is necessary and appropriate for the purpose of— “ ‘(I) realigning the Government Accountability Office’s workforce in order to meet budgetary constraints or mission needs; “ ‘(II) correcting skill imbalances; or “ ‘(III) reducing high-grade, managerial, or supervisory positions;’.
Pub. L. 105–174, title III, § 7001(a),
Nonapplicability of annuity provisions of subsec. (j) of this section to individuals accepting waiver of Indian preference laws with respect to personnel actions, see section 472a(c)(2) of Title 25, Indians.
Section 1241(b)(2) of Pub. L. 96–70 provided that: