Subpart G—Insurance and Annuities
CHAPTER 81 —COMPENSATION FOR WORK INJURIES
SUBCHAPTER I—GENERALLY
SUBCHAPTER II—EMPLOYEES OF NONAPPROPRIATED FUND INSTRUMENTALITIES
SUBCHAPTER III—LAW ENFORCEMENT OFFICERS NOT EMPLOYED BY THE UNITED STATES
Editorial Notes
Amendments
2022—
2008—
1995—
1994—
1979—
1974—
1968—
1967—
1 So in original. Does not conform to section catchline.
SUBCHAPTER I—GENERALLY
§8101. Definitions
For the purpose of this subchapter—
(1) "employee" means—
(A) a civil officer or employee in any branch of the Government of the United States, including an officer or employee of an instrumentality wholly owned by the United States;
(B) an individual rendering personal service to the United States similar to the service of a civil officer or employee of the United States, without pay or for nominal pay, when a statute authorizes the acceptance or use of the service, or authorizes payment of travel or other expenses of the individual;
(C) an individual, other than an independent contractor or an individual employed by an independent contractor, employed on the Menominee Indian Reservation in Wisconsin in operations conducted under a statute relating to tribal timber and logging operations on that reservation;
(D) an individual employed by the government of the District of Columbia;
(E) an individual appointed to a position on the office staff of a former President under section 1(b) of the Act of August 25, 1958 (
(F) an individual selected pursuant to
(G) an individual who is a System member of the National Urban Search and Rescue Response System during a period of appointment into Federal service pursuant to section 327 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act;
but does not include—
(i) a commissioned officer of the Regular Corps of the Public Health Service;
(ii) a commissioned officer of the Reserve Corps 1 of the Public Health Service on active duty;
(iii) a commissioned officer of the Environmental Science Services Administration; or
(iv) a member of the Metropolitan Police or the Fire Department of the District of Columbia who is pensioned or pensionable under
(2) "physician" includes surgeons, podiatrists, dentists, clinical psychologists, optometrists, chiropractors, and osteopathic practitioners within the scope of their practice as defined by State law. The term "physician" includes chiropractors only to the extent that their reimbursable services are limited to treatment consisting of manual manipulation of the spine to correct a subluxation as demonstrated by X-ray to exist, and subject to regulation by the Secretary;
(3) "medical, surgical, and hospital services and supplies" includes services and supplies by podiatrists, dentists, clinical psychologists, optometrists, chiropractors, osteopathic practitioners and hospitals within the scope of their practice as defined by State law. Reimbursable chiropractic services are limited to treatment consisting of manual manipulation of the spine to correct a subluxation as demonstrated by X-ray to exist, and subject to regulation by the Secretary;
(4) "monthly pay" means the monthly pay at the time of injury, or the monthly pay at the time disability begins, or the monthly pay at the time compensable disability recurs, if the recurrence begins more than 6 months after the injured employee resumes regular full-time employment with the United States, whichever is greater, except when otherwise determined under
(5) "injury" includes, in addition to injury by accident, a disease proximately caused by the employment, and damage to or destruction of medical braces, artificial limbs, and other prosthetic devices which shall be replaced or repaired, and such time lost while such device or appliance is being replaced or repaired; except that eyeglasses and hearing aids would not be replaced, repaired, or otherwise compensated for, unless the damages or destruction is incident to a personal injury requiring medical services;
(6) "widow" means the wife living with or dependent for support on the decedent at the time of his death, or living apart for reasonable cause or because of his desertion;
(7) "parent" includes stepparents and parents by adoption;
(8) "brother" and "sister" mean one who at the time of the death of the employee is under 18 years of age or over that age and incapable of self-support, and include stepbrothers and stepsisters, half brothers and half sisters, and brothers and sisters by adoption, but do not include married brothers or married sisters;
(9) "child" means one who at the time of the death of the employee is under 18 years of age or over that age and incapable of self-support, and includes stepchildren, adopted children, and posthumous children, but does not include married children;
(10) "grandchild" means one who at the time of the death of the employee is under 18 years of age or over that age and incapable of self-support;
(11) "widower" means the husband living with or dependent for support on the decedent at the time of her death, or living apart for reasonable cause or because of her desertion;
(12) "compensation" includes the money allowance payable to an employee or his dependents and any other benefits paid for from the Employees' Compensation Fund, but this does not in any way reduce the amount of the monthly compensation payable for disability or death;
(13) "war-risk hazard" means a hazard arising during a war in which the United States is engaged; during an armed conflict in which the United States is engaged, whether or not war has been declared; or during a war or armed conflict between military forces of any origin, occurring in the country in which an individual to whom this subchapter applies is serving; from—
(A) the discharge of a missile, including liquids and gas, or the use of a weapon, explosive, or other noxious thing by a hostile force or individual or in combating an attack or an imagined attack by a hostile force or individual;
(B) action of a hostile force or individual, including rebellion or insurrection against the United States or any of its allies;
(C) the discharge or explosion of munitions intended for use in connection with a war or armed conflict with a hostile force or individual;
(D) the collision of vessels on convoy or the operation of vessels or aircraft without running lights or without other customary peacetime aids to navigation; or
(E) the operation of vessels or aircraft in a zone of hostilities or engaged in war activities;
(14) "hostile force or individual" means a nation, a subject of a foreign nation, or an individual serving a foreign nation—
(A) engaged in a war against the United States or any of its allies;
(B) engaged in armed conflict, whether or not war has been declared, against the United States or any of its allies; or
(C) engaged in a war or armed conflict between military forces of any origin in a country in which an individual to whom this subchapter applies is serving;
(15) "allies" means any nation with which the United States is engaged in a common military effort or with which the United States has entered into a common defensive military alliance;
(16) "war activities" includes activities directly relating to military operations;
(17) "student" means an individual under 23 years of age who has not completed 4 years of education beyond the high school level and who is regularly pursuing a full-time course of study or training at an institution which is—
(A) a school or college or university operated or directly supported by the United States, or by a State or local government or political subdivision thereof;
(B) a school or college or university which has been accredited by a State or by a State-recognized or nationally recognized accrediting agency or body;
(C) a school or college or university not so accredited but whose credits are accepted, on transfer, by at least three institutions which are so accredited, for credit on the same basis as if transferred from an institution so accredited; or
(D) an additional type of educational or training institution as defined by the Secretary of Labor.
Such an individual is deemed not to have ceased to be a student during an interim between school years if the interim is not more than 4 months and if he shows to the satisfaction of the Secretary that he has a bona fide intention of continuing to pursue a full-time course of study or training during the semester or other enrollment period immediately after the interim or during periods of reasonable duration during which, in the judgment of the Secretary, he is prevented by factors beyond his control from pursuing his education. A student whose 23rd birthday occurs during a semester or other enrollment period is deemed a student until the end of the semester or other enrollment period;
(18) "price index" means the Consumer Price Index (all items—United States city average) published monthly by the Bureau of Labor Statistics; and
(19) "organ" means a part of the body that performs a special function, and for purposes of this subchapter excludes the brain, heart, and back; and
(20) "United States medical officers and hospitals" includes medical officers and hospitals of the Army, Navy, Air Force, Department of Veterans Affairs, and United States Public Health Service, and any other medical officer or hospital designated as a United States medical officer or hospital by the Secretary of Labor.
(
Former section 790(a) is omitted as unnecessary in view of
Former section 790(c) is omitted as unnecessary as the term "commission" is not used in this subchapter.
Former section 790(i) is omitted as unnecessary as the title "Secretary of Labor" (substituted for "Federal Security Administrator" by 1950 Reorg. Plan No. 19, §1, eff. May 24, 1950,
In paragraph (1)(B), the words "to the United States" are substituted for "to any department, independent establishment, or agency thereof (including instrumentalities of the United States wholly owned by it)".
In paragraph (1)(C), the words "subsequent to September 7, 1916" are omitted as obsolete.
In paragraph (1)(iv), the words "under
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
| Section of title 5 | Source (U.S.Code) | Source (Statutes at Large) |
|---|---|---|
| 8101(17) 8101(18) 8101(19) |
5 App.: 760(M). 5 App.: 793a(c)(1). 5 App.: 793a(c)(2). |
July 4, 1966, |
Paragraph (17) is reorganized and restated for clarity and to conform to the style of
In paragraph (19), the words "July 1966 and each later month" are substituted for "the month this section becomes effective and each month thereafter". The words "
Editorial Notes
References in Text
Act of August 25, 1958,
Section 327 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in par. (1)(G), is classified to
Amendments
2016—Par. (1)(D).
Par. (1)(F), (G).
1991—Par. (20).
1983—Par. (1)(F).
1980—Pars. (19) to (21).
1974—Par. (1)(D).
Par. (1)(F).
Par. (2).
Par. (3).
Par. (5).
Par. (11).
Pars. (20), (21).
1967—Par. (1)(iii).
Statutory Notes and Related Subsidiaries
Change of Name
Reference to Reserve Corps of the Public Health Service deemed to be a reference to the Ready Reserve Corps, see
Effective Date of 1980 Amendment
Effective Date of 1974 Amendment
Short Title of 1990 Amendment
Eligibility for Workers' Compensation Benefits for Federal Employees Diagnosed With COVID–19
"(a)
"(b)
"(1)
"(A)
"(i) who is an employee under
"(ii) who is diagnosed with COVID–19 during such period; and
"(iii) who, during a covered exposure period prior to such diagnosis, carries out duties that—
"(I) require contact with patients, members of the public, or co-workers; or
"(II) include a risk of exposure to the novel coronavirus.
"(B)
"(2)
"(3)
"(c)
"(1)
"(2)
"(d)
"(1)
"(2)
"(A) may be paid from the Employees' Compensation Fund; and
"(B) shall not be subject to the fair share provision in
Processing of Claims Filed by District of Columbia Employees
Study and Report to Congress by Secretary of Labor of Provisions and Programs Under Subchapter
Executive Documents
Transfer of Functions
Environmental Science Services Administration in Department of Commerce, including offices of Administrator and Deputy Administrator thereof, abolished by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R. 15627,
Functions of Public Health Service, Surgeon General of Public Health Service, and all other officers and employees of Public Health Service, and functions of all agencies of or in Public Health Service, transferred to Secretary of Health, Education, and Welfare by 1966 Reorg. Plan No. 3, 31 F.R. 8855,
1 See Change of Name note below.
§8102. Compensation for disability or death of employee
(a) The United States shall pay compensation as specified by this subchapter for the disability or death of an employee resulting from personal injury sustained while in the performance of his duty, unless the injury or death is—
(1) caused by willful misconduct of the employee;
(2) caused by the employee's intention to bring about the injury or death of himself or of another; or
(3) proximately caused by the intoxication of the injured employee.
(b) Disability or death from a war-risk hazard or during or as a result of capture, detention, or other restraint by a hostile force or individual, suffered by an employee who is employed outside the continental United States or in Alaska or in the areas and installations in the Republic of Panama made available to the United States pursuant to the Panama Canal Treaty of 1977 and related agreements (as described in section 3(a) of the Panama Canal Act of 1979), is deemed to have resulted from personal injury sustained while in the performance of his duty, whether or not the employee was engaged in the course of employment when the disability or disability resulting in death occurred or when he was taken by the hostile force or individual. This subsection does not apply to an individual—
(1) whose residence is at or in the vicinity of the place of his employment and who was not living there solely because of the exigencies of his employment, unless he was injured or taken while engaged in the course of his employment; or
(2) who is a prisoner of war or a protected individual under the Geneva Conventions of 1949 and is detained or utilized by the United States.
This subsection does not affect the payment of compensation under this subchapter derived otherwise than under this subsection, but compensation for disability or death does not accrue for a period for which pay, other benefit, or gratuity from the United States accrues to the disabled individual or his dependents on account of detention by the enemy or because of the same disability or death, unless that pay, benefit, or gratuity is refunded or renounced.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Sept. 7, 1916, ch. 458, §1, Aug. 8, 1958, |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Editorial Notes
References in Text
Section 3(a) of the Panama Canal Act of 1979, referred to in subsec. (b), is classified to
Amendments
1979—Subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 1979 Amendment
Amendment by
§8102a. Death gratuity for injuries incurred in connection with employee's service with an Armed Force
(a)
(b)
(c)
(d)
(1) Subject to paragraph (5), a death gratuity payable upon the death of a person covered by subsection (a) shall be paid to or for the living survivor highest on the following list:
(A) The employee's surviving spouse.
(B) The employee's children, as prescribed by paragraph (2), in equal shares.
(C) If designated by the employee, any one or more of the following persons:
(i) The employee's parents or persons in loco parentis, as prescribed by paragraph (3).
(ii) The employee's brothers.
(iii) The employee's sisters.
(D) The employee's parents or persons in loco parentis, as prescribed by paragraph (3), in equal shares.
(E) The employee's brothers and sisters in equal shares.
Subparagraphs (C) and (E) of this paragraph include brothers and sisters of the half blood and those through adoption.
(2) Paragraph (1)(B) applies, without regard to age or marital status, to—
(A) legitimate children;
(B) adopted children;
(C) stepchildren who were a part of the decedent's household at the time of death;
(D) illegitimate children of a female decedent; and
(E) illegitimate children of a male decedent—
(i) who have been acknowledged in writing signed by the decedent;
(ii) who have been judicially determined, before the decedent's death, to be his children;
(iii) who have been otherwise proved, by evidence satisfactory to the employing agency, to be children of the decedent; or
(iv) to whose support the decedent had been judicially ordered to contribute.
(3) Subparagraphs (C) and (D) of paragraph (1), so far as they apply to parents and persons in loco parentis, include fathers and mothers through adoption, and persons who stood in loco parentis to the decedent for a period of not less than one year at any time before the decedent became an employee. However, only one father and one mother, or their counterparts in loco parentis, may be recognized in any case, and preference shall be given to those who exercised a parental relationship on the date, or most nearly before the date, on which the decedent became an employee.
(4) A person covered by this section may designate another person to receive an amount payable under this section. The designation shall indicate the percentage of the amount, to be specified only in 10 percent increments, that the designated person may receive. The balance of the amount of the death gratuity shall be paid to or for the living survivors of the person concerned in accordance with subparagraphs (A) through (E) of paragraph (1).
(5) If a person entitled to all or a portion of a death gratuity under paragraph (1) or (4) dies before the person receives the death gratuity, it shall be paid to the living survivor next in the order prescribed by paragraph (1).
(6) If a person covered by this section has a spouse, but designates a person other than the spouse to receive all or a portion of the amount payable under this section, the head of the agency, or other entity, in which that person is employed shall provide notice of the designation to the spouse.
(e)
(2) The term "employee" has the meaning provided in
(Added
Editorial Notes
References in Text
The date of enactment of this section, referred to in subsec. (b), is the date of enactment of
Section 413 of the Foreign Service Act of 1980, referred to in subsec. (c), is classified to
Section 1603 of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006, referred to in subsec. (c), is section 1603 of
The date of the enactment of this paragraph, referred to in subsec. (d)(4), is the date of enactment of
Amendments
2011—Subsec. (d)(4).
Subsec. (d)(6).
Statutory Notes and Related Subsidiaries
Effective Date of 2011 Amendment
§8103. Medical services and initial medical and other benefits
(a) The United States shall furnish to an employee who is injured while in the performance of duty, the services, appliances, and supplies prescribed or recommended by a qualified physician, which the Secretary of Labor considers likely to cure, give relief, reduce the degree or the period of disability, or aid in lessening the amount of the monthly compensation. These services, appliances, and supplies shall be furnished—
(1) whether or not disability has arisen;
(2) notwithstanding that the employee has accepted or is entitled to receive benefits under subchapter III of
(3) by or on the order of United States medical officers and hospitals, or, at the employee's option, by or on the order of physicians and hospitals designated or approved by the Secretary.
The employee may initially select a physician to provide medical services, appliances, and supplies, in accordance with such regulations and instructions as the Secretary considers necessary, and may be furnished necessary and reasonable transportation and expenses incident to the securing of such services, appliances, and supplies. These expenses, when authorized or approved by the Secretary, shall be paid from the Employees' Compensation Fund.
(b) The Secretary, under such limitations or conditions as he considers necessary, may authorize the employing agencies to provide for the initial furnishing of medical and other benefits under this section. The Secretary may certify vouchers for these expenses out of the Employees' Compensation Fund when the immediate superior of the employee certifies that the expense was incurred in respect to an injury which was accepted by the employing agency as probably compensable under this subchapter. The Secretary shall prescribe the form and content of the certificate.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Sept. 7, 1916, ch. 458, §9, |
||
| June 26, 1926, ch. 695, §1, |
||
| Oct. 14, 1949, ch. 691, §202(b), |
||
| Sept. 13, 1960, |
In subsection (b), the words "when the immediate superior of the employee certifies" are substituted for "upon certification by the person required by
The last sentence of former section 759(a) is omitted as executed.
Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
| Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 8103(a)(2) | 5 App.: 759(a). | July 4, 1966, |
The words "another retirement system for employees of the Government" are substituted for "any other Federal Act or program providing retirement benefits for employees".
Editorial Notes
Amendments
1974—Subsec. (a).
Statutory Notes and Related Subsidiaries
Effective Date of 1974 Amendment
Amendment by
Personnel Not Affected by 1967 Increase
"(1) an employee or individual not within the definition of 'employee' in
"(2) a member of the Metropolitan Police or the Fire Department of the District of Columbia who is pensioned or pensionable under sections 521—535 of title 4, District of Columbia Code; or
"(3) a member of a uniformed service."
§8104. Vocational rehabilitation
(a) The Secretary of Labor may direct a permanently disabled individual whose disability is compensable under this subchapter to undergo vocational rehabilitation. The Secretary shall provide for furnishing the vocational rehabilitation services. In providing for these services, the Secretary, insofar as practicable, shall use the services or facilities of State agencies and corresponding agencies which cooperate with the Secretary of Health, Education, and Welfare in carrying out the purposes of
(b) Notwithstanding section 8106, individuals directed to undergo vocational rehabilitation by the Secretary shall, while undergoing such rehabilitation, receive compensation at the rate provided in
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Oct. 14, 1949, ch. 691, §202(a), |
In the third sentence, the words "the Secretary of Health, Education, and Welfare" are substituted for "him", referring to the Administrator, on authority of section 1 (proviso) of 1950 Reorg. Plan No. 19,
The words "State agencies or corresponding agencies" are substituted for "State agencies (or corresponding agencies in Territories or possessions)" as the agencies available for cooperation are set out in the Vocational Rehabilitation Act (
The words "
Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Editorial Notes
References in Text
Amendments
1974—
Statutory Notes and Related Subsidiaries
Effective Date of 1974 Amendment
Amendment by
Transfer of Functions
For transfer of functions and offices (relating to Rehabilitation Act of 1973) of Secretary and Department of Health, Education, and Welfare to Secretary and Department of Education, see
§8105. Total disability
(a) If the disability is total, the United States shall pay the employee during the disability monthly monetary compensation equal to 662/3 percent of his monthly pay, which is known as his basic compensation for total disability.
(b) The loss of use of both hands, both arms, both feet, or both legs, or the loss of sight of both eyes, is prima facie permanent total disability.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Sept. 7, 1916, ch. 458, §3, |
||
| Oct. 14, 1949, ch. 691, §102, |
In subsection (a), the words "Except as otherwise provided in
In subsection (b), the words "Loss, or" are omitted as included in "loss of use of". The words "or the loss of sight of both eyes" are substituted for "or both eyes or the sight thereof".
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
§8106. Partial disability
(a) If the disability is partial, the United States shall pay the employee during the disability monthly monetary compensation equal to 662/3 percent of the difference between his monthly pay and his monthly wage-earning capacity after the beginning of the partial disability, which is known as his basic compensation for partial disability.
(b) The Secretary of Labor may require a partially disabled employee to report his earnings from employment or self-employment, by affidavit or otherwise, in the manner and at the times the Secretary specifies. The employee shall include in the affidavit or report the value of housing, board, lodging, and other advantages which are part of his earnings in employment or self-employment and which can be estimated in money. An employee who—
(1) fails to make an affidavit or report when required; or
(2) knowingly omits or understates any part of his earnings;
forfeits his right to compensation with respect to any period for which the affidavit or report was required. Compensation forfeited under this subsection, if already paid, shall be recovered by a deduction from the compensation payable to the employee or otherwise recovered under
(c) A partially disabled employee who—
(1) refuses to seek suitable work; or
(2) refuses or neglects to work after suitable work is offered to, procured by, or secured for him;
is not entitled to compensation.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Sept. 7, 1916, ch. 458, §4, |
||
| Oct. 14, 1949, ch. 691, §103(a), |
In subsection (a), the words "Except as otherwise provided in
In subsection (b), the word "remuneration" is omitted as covered by the word "earnings".
Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
§8107. Compensation schedule
(a) If there is permanent disability involving the loss, or loss of use, of a member or function of the body or involving disfigurement, the employee is entitled to basic compensation for the disability, as provided by the schedule in subsection (c) of this section, at the rate of 662/3 percent of his monthly pay. The basic compensation is—
(1) payable regardless of whether the cause of the disability originates in a part of the body other than that member;
(2) payable regardless of whether the disability also involves another impairment of the body; and
(3) in addition to compensation for temporary total or temporary partial disability.
(b) With respect to any period after payments under subsection (a) of this section have ended, an employee is entitled to compensation as provided by—
(1)
(2)
(c) The compensation schedule is as follows:
(1) Arm lost, 312 weeks' compensation.
(2) Leg lost, 288 weeks' compensation.
(3) Hand lost, 244 weeks' compensation.
(4) Foot lost, 205 weeks' compensation.
(5) Eye lost, 160 weeks' compensation.
(6) Thumb lost, 75 weeks' compensation.
(7) First finger lost, 46 weeks' compensation.
(8) Great toe lost, 38 weeks' compensation.
(9) Second finger lost, 30 weeks' compensation.
(10) Third finger lost, 25 weeks' compensation.
(11) Toe other than great toe lost, 16 weeks' compensation.
(12) Fourth finger lost, 15 weeks' compensation.
(13) Loss of hearing—
(A) complete loss of hearing of one ear, 52 weeks' compensation; or
(B) complete loss of hearing of both ears, 200 weeks' compensation.
(14) Compensation for loss of binocular vision or for loss of 80 percent or more of the vision of an eye is the same as for loss of the eye.
(15) Compensation for loss of more than one phalanx of a digit is the same as for loss of the entire digit. Compensation for loss of the first phalanx is one-half of the compensation for loss of the entire digit.
(16) If, in the case of an arm or a leg, the member is amputated above the wrist or ankle, compensation is the same as for loss of the arm or leg, respectively.
(17) Compensation for loss of use of two or more digits, or one or more phalanges of each of two or more digits, of a hand or foot, is proportioned to the loss of use of the hand or foot occasioned thereby.
(18) Compensation for permanent total loss of use of a member is the same as for loss of the member.
(19) Compensation for permanent partial loss of use of a member may be for proportionate loss of use of the member. The degree of loss of vision or hearing under this schedule is determined without regard to correction.
(20) In case of loss of use of more than one member or parts of more than one member as enumerated by this schedule, the compensation is for loss of use of each member or part thereof, and the awards run consecutively. However, when the injury affects only two or more digits of the same hand or foot, paragraph (17) of this subsection applies, and when partial bilateral loss of hearing is involved, compensation is computed on the loss as affecting both ears.
(21) For serious disfigurement of the face, head, or neck of a character likely to handicap an individual in securing or maintaining employment, proper and equitable compensation not to exceed $3,500 shall be awarded in addition to any other compensation payable under this schedule.
(22) For permanent loss or loss of use of any other important external or internal organ of the body as determined by the Secretary, proper and equitable compensation not to exceed 312 weeks' compensation for each organ so determined shall be paid in addition to any other compensation payable under this schedule.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Sept. 7, 1916, ch. 458, §5, |
||
| Oct. 14, 1949, ch. 691, §104 "Sec. 5(a), (b)", |
||
| Sept. 13, 1960, |
The words "loss, or" are omitted throughout this section as included in "loss of use of".
In subsection (a)(B), the words "under
In subsection (b)(1), the words "(including paragraphs (16) and (20) thereof)" are omitted as surplusage.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
| Section of title 5 | Source (U.S.Code) | Source (Statutes at Large) |
|---|---|---|
| 8107(a), (b). | 5 App.: 755(a), (b). | July 4, 1966, |
In subsection (a), the words "If there is" are substituted for "In any case of". The words "loss, or" are omitted as included in "loss of use of" and to conform to the remainder of the section. The words "the employee is entitled to basic compensation for the disability" are substituted for "basic compensation for such disability shall be payable to the disabled employee". The words "by the schedule in subsection (c) of this section" are substituted for "in the following schedule" to reflect the codification of the schedule in subsection (c). The words "The schedule referred to in the first sentence is as follows:" are omitted as unnecessary in view of the codification of that schedule in subsection (c).
In subsection (b), the words "an employee is entitled to compensation" are substituted for "compensation shall be paid" for consistency with subsection (a). In subsections (b) (1) and (2), the words "
Editorial Notes
Amendments
1974—Subsec. (a).
Subsec. (c)(22).
Statutory Notes and Related Subsidiaries
Effective Date of 1974 Amendment
Amendment by
Personnel Not Affected by 1967 Increase
Increases authorized under amendment by
§8108. Reduction of compensation for subsequent injury to same member
The period of compensation payable under the schedule in
(1) compensation in both cases is for disability of the same member or function or different parts of the same member or function or for disfigurement; and
(2) the Secretary of Labor finds that compensation payable for the later disability in whole or in part would duplicate the compensation payable for the preexisting disability.
In such a case, compensation for disability continuing after the scheduled period starts on expiration of that period as reduced under this section.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Oct. 14, 1949, ch. 691, §104 "Sec. 5(c)", |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
| Section of title 5 | Source (U.S.Code) | Source (Statutes at Large) |
|---|---|---|
| 8108 | 5 App.: 755(c). | July 4, 1966, |
Statutory Notes and Related Subsidiaries
Personnel Not Affected by 1967 Increase
Increases authorized under amendment by
§8109. Beneficiaries of awards unpaid at death; order of precedence
(a) If an individual—
(1) has sustained disability compensable under
(2) has filed a valid claim in his lifetime; and
(3) dies from a cause other than the injury before the end of the period specified by the schedule;
the compensation specified by the schedule that is unpaid at his death, whether or not accrued or due at his death, shall be paid—
(A) under an award made before or after the death;
(B) for the period specified by the schedule;
(C) to and for the benefit of the persons then in being within the classes and proportions and on the conditions specified by this section; and
(D) in the following order of precedence:
(i) If there is no child, to the widow or widower.
(ii) If there are both a widow or widower and a child or children, one-half to the widow or widower and one-half to the child or children.
(iii) If there is no widow or widower, to the child or children.
(iv) If there is no survivor in the above classes, to the parent or parents wholly or partly dependent for support on the decedent, or to other wholly dependent relatives listed by
(v) If there is no survivor in the above classes and no burial allowance is payable under
(b) Payments under subsection (a) of this section, except for an amount payable for a period preceding the death of the individual, are at the basic rate of compensation for permanent disability specified by
(c) A surviving beneficiary under subsection (a) of this section, except one under subsection (a)(D)(v), does not have a vested right to payment and must be alive to receive payment.
(d) A beneficiary under subsection (a) of this section, except one under subsection (a)(D)(v), ceases to be entitled to payment on the happening of an event which would terminate his right to compensation for death under
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Oct. 14, 1949, ch. 691, §104 "Sec. 5(d)", |
The references in former section 755(d) to definitions in former section 760(B), (H) are omitted as unnecessary as the definitions are included in section 8101 for the entire subchapter.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
| Section of title 5 | Source (U.S.Code) | Source (Statutes at Large) |
|---|---|---|
| 8109(a)(1) | 5 App.: 755(d)(1). | July 4, 1966, |
Statutory Notes and Related Subsidiaries
Personnel Not Affected by 1967 Increase
Increases authorized under amendment by
§8110. Augmented compensation for dependents
(a) For the purpose of this section, "dependent" means—
(1) a wife, if—
(A) she is a member of the same household as the employee;
(B) she is receiving regular contributions from the employee for her support; or
(C) the employee has been ordered by a court to contribute to her support;
(2) a husband, if—
(A) he is a member of the same household as the employee; or
(B) he is receiving regular contributions from the employee for his support; or
(C) the employee has been ordered by a court to contribute to his support;
(3) an unmarried child, while living with the employee or receiving regular contributions from the employee toward his support, and who is—
(A) under 18 years of age; or
(B) over 18 years of age and incapable of self-support because of physical or mental disability; and
(4) a parent, while wholly dependent on and supported by the employee.
Notwithstanding paragraph (3) of this subsection, compensation payable for a child that would otherwise end because the child has reached 18 years of age shall continue if he is a student as defined by
(b) A disabled employee with one or more dependents is entitled to have his basic compensation for disability augmented—
(1) at the rate of 81/3 percent of his monthly pay if that compensation is payable under
(2) at the rate of 81/3 percent of the difference between his monthly pay and his monthly wage-earning capacity if that compensation is payable under
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Sept. 7, 1916, ch. 458, §6, |
||
| Feb. 12, 1927, ch. 110, §1, |
||
| May 13, 1936, ch. 382, |
||
| Oct. 14, 1949, ch. 691, §105 "Sec. 6(a)", |
The references in former section 756(a)(2) to definitions in former section 760(H) are omitted as unnecessary as the definitions are included in section 8101 for the entire subchapter.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
| Section of title 5 | Source (U.S.Code) | Source (Statutes at Large) |
|---|---|---|
| 8110(a) | 5 App.: 756(a)(2) (C). | July 4, 1966, |
| 8110(b) | 5 App.: 756(a)(1). | July 4, 1966, |
In subsection (a), the words "Notwithstanding paragraph (3) of this subsection" are substituted for "Notwithstanding any other provision of this section" for clarity. The word "he" is substituted for "he or she" in two places on authority of
Editorial Notes
Amendments
1974—Subsec. (a)(2).
Statutory Notes and Related Subsidiaries
Effective Date of 1974 Amendment
Amendment by
Personnel Not Affected by 1967 Increase
Increases authorized under amendment by section 1(53)(B), (C) of
§8111. Additional compensation for services of attendants or vocational rehabilitation
(a) The Secretary of Labor may pay an employee who has been awarded compensation an additional sum of not more than $1,500 a month, as the Secretary considers necessary, when the Secretary finds that the service of an attendant is necessary constantly because the employee is totally blind, or has lost the use of both hands or both feet, or is paralyzed and unable to walk, or because of other disability resulting from the injury making him so helpless as to require constant attendance.
(b) The Secretary may pay an individual undergoing vocational rehabilitation under
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Oct. 14, 1949, ch. 691, §105 "Sec. 6(b)", |
||
| Sept. 13, 1960, |
In subsection (a), the words "In addition to the monthly compensation otherwise specified in
In subsection (b), the words "pursuant to the Secretary's direction" are omitted as unnecessary.
Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
| Section of title 5 | Source (U.S.Code) | Source (Statutes at Large) |
|---|---|---|
| 8111(a) | 5 App.: 756(b)(1). | July 4, 1966, |
Editorial Notes
Amendments
1990—Subsec. (a).
1974—Subsec. (a).
Subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 1990 Amendment
Effective Date of 1974 Amendment
Amendment by
Personnel Not Affected by 1967 Increase
Increases authorized under amendment by section 1(54) of
§8112. Maximum and minimum monthly payments
(a) Except as provided by
(b) The provisions of subsection (a) shall not apply to any employee whose disability is a result of an assault which occurs during an assassination or attempted assassination of a Federal official described under
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Oct. 14, 1949, ch. 691, §105 "Sec. 6(c)", |
||
| Sept. 13, 1960, |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
| Section of title 5 | Source (U.S.Code) | Source (Statutes at Large) |
|---|---|---|
| 8112 | 5 App.: 756(c). | July 4, 1966, |
The words "maximum rate of basic pay for GS–15" and "minimum rate of basic pay for GS–2" are substituted for "highest rate of basic compensation provided for grade 15 of the General Schedule of the Classification Act of 1949" and "lowest rate of basic compensation provided for grade 2 by such General Schedule", respectively, for consistency of style within title 5 and to reflect the codification of the Classification Act of 1949 in title 5.
Editorial Notes
Amendments
1988—
Statutory Notes and Related Subsidiaries
Personnel Not Affected by 1967 Increase
Increases authorized under amendment by section 1(55) of
§8113. Increase or decrease of basic compensation
(a) If an individual—
(1) was a minor or employed in a learner's capacity at the time of injury; and
(2) was not physically or mentally handicapped before the injury;
the Secretary of Labor, on review under
(b) If an individual without good cause fails to apply for and undergo vocational rehabilitation when so directed under
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Oct. 14, 1949, ch. 691, §105 "Sec. 6(d)", |
Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19,
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
This section amends
Editorial Notes
Amendments
1974—Subsecs. (b), (c).
Statutory Notes and Related Subsidiaries
Effective Date of 1974 Amendment
Amendment by
Effective Date of 1967 Amendment
Amendment by
§8114. Computation of pay
(a) For the purpose of this section—
(1) "overtime pay" means pay for hours of service in excess of a statutory or other basic workweek or other basic unit of worktime, as observed by the employing establishment; and
(2) "year" means a period of 12 calendar months, or the equivalent thereof as specified by regulations prescribed by the Secretary of Labor.
(b) In computing monetary compensation for disability or death on the basis of monthly pay, that pay is determined under this section.
(c) The monthly pay at the time of injury is deemed one-twelfth of the average annual earnings of the employee at that time. When compensation is paid on a weekly basis, the weekly equivalent of the monthly pay is deemed one-fifty-second of the average annual earnings. However, for so much of a period of total disability as does not exceed 90 calendar days from the date of the beginning of compensable disability, the compensation, in the discretion of the Secretary of Labor, may be computed on the basis of the actual daily wage of the employee at the time of injury in which event he may be paid compensation for the days he would have worked but for the injury.
(d) Average annual earnings are determined as follows:
(1) If the employee worked in the employment in which he was employed at the time of his injury during substantially the whole year immediately preceding the injury and the employment was in a position for which an annual rate of pay—
(A) was fixed, the average annual earnings are the annual rate of pay; or
(B) was not fixed, the average annual earnings are the product obtained by multiplying his daily wage for the particular employment, or the average thereof if the daily wage has fluctuated, by 300 if he was employed on the basis of a 6-day workweek, 280 if employed on the basis of a 5½-day week, and 260 if employed on the basis of a 5-day week.
(2) If the employee did not work in employment in which he was employed at the time of his injury during substantially the whole year immediately preceding the injury, but the position was one which would have afforded employment for substantially a whole year, the average annual earnings are a sum equal to the average annual earnings of an employee of the same class working substantially the whole immediately preceding year in the same or similar employment by the United States in the same or neighboring place, as determined under paragraph (1) of this subsection.
(3) If either of the foregoing methods of determining the average annual earnings cannot be applied reasonably and fairly, the average annual earnings are a sum that reasonably represents the annual earning capacity of the injured employee in the employment in which he was working at the time of the injury having regard to the previous earnings of the employee in Federal employment, and of other employees of the United States in the same or most similar class working in the same or most similar employment in the same or neighboring location, other previous employment of the employee, or other relevant factors. However, the average annual earnings may not be less than 150 times the average daily wage the employee earned in the employment during the days employed within 1 year immediately preceding his injury.
(4) If the employee served without pay or at nominal pay, paragraphs (1), (2), and (3) of this subsection apply as far as practicable, but the average annual earnings of the employee may not exceed the minimum rate of basic pay for GS–15. If the average annual earnings cannot be determined reasonably and fairly in the manner otherwise provided by this section, the average annual earnings shall be determined at the reasonable value of the service performed but not in excess of $3,600 a year.
(e) The value of subsistence and quarters, and of any other form of remuneration in kind for services if its value can be estimated in money, and premium pay under
(1) overtime pay;
(2) additional pay or allowance authorized outside the United States because of differential in cost of living or other special circumstances; or
(3) bonus or premium pay for extraordinary service including bonus or pay for particularly hazardous service in time of war.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Sept. 7, 1916, ch. 458, §12, |
||
| Oct. 14, 1949, ch. 691, §203, |
In subsection (d)(4), the words "the minimum rate of basic pay for GS–15" are substituted for "the basic rate of annual compensation specified under the Classification Act of 1949, as amended, for positions in grade GS–15 at the bottom of such grade". In former section 762, the words "Classification Act of 1949" were substituted for "Classification Act of 1923" on authority of §1106(a) of the Act of Oct. 28, 1949, ch. 782,
Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Editorial Notes
Amendments
1966—Subsec. (e).
Statutory Notes and Related Subsidiaries
Effective Date of 1966 Amendment
§8115. Determination of wage-earning capacity
(a) In determining compensation for partial disability, except permanent partial disability compensable under
(1) the nature of his injury;
(2) the degree of physical impairment;
(3) his usual employment;
(4) his age;
(5) his qualifications for other employment;
(6) the availability of suitable employment; and
(7) other factors or circumstances which may affect his wage-earning capacity in his disabled condition.
(b)
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Sept. 7, 1916, ch. 458, §13, |
||
| Oct. 14, 1949, ch. 691, §204, |
||
| Sept. 13, 1960, |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
§8116. Limitations on right to receive compensation
(a) While an employee is receiving compensation under this subchapter, or if he has been paid a lump sum in commutation of installment payments until the expiration of the period during which the installment payments would have continued, he may not receive salary, pay, or remuneration of any type from the United States, except—
(1) in return for service actually performed;
(2) pension for service in the Army, Navy, or Air Force;
(3) other benefits administered by the Department of Veterans Affairs unless such benefits are payable for the same injury or the same death; and
(4) retired pay, retirement pay, retainer pay, or equivalent pay for service in the Armed Forces or other uniformed services.
However, eligibility for or receipt of benefits under subchapter III of
(b) An individual entitled to benefits under this subchapter because of his injury, or because of the death of an employee, who also is entitled to receive from the United States under a provision of statute other than this subchapter payments or benefits for that injury or death (except proceeds of an insurance policy), because of service by him (or in the case of death, by the deceased) as an employee or in the armed forces, shall elect which benefits he will receive. The individual shall make the election within 1 year after the injury or death or within a further time allowed for good cause by the Secretary of Labor. The election when made is irrevocable, except as otherwise provided by statute.
(c) The liability of the United States or an instrumentality thereof under this subchapter or any extension thereof with respect to the injury or death of an employee is exclusive and instead of all other liability of the United States or the instrumentality to the employee, his legal representative, spouse, dependents, next of kin, and any other person otherwise entitled to recover damages from the United States or the instrumentality because of the injury or death in a direct judicial proceeding, in a civil action, or in admiralty, or by an administrative or judicial proceeding under a workmen's compensation statute or under a Federal tort liability statute. However, this subsection does not apply to a master or a member of a crew of a vessel.
(d) Notwithstanding the other provisions of this section, an individual receiving benefits for disability or death under this subchapter who is also receiving benefits under subchapter III of
(1) benefits received under section 223 of the Social Security Act (on account of disability) shall be subject to reduction on account of benefits paid under this subchapter pursuant to the provisions of section 224 of the Social Security Act; and
(2) in the case of benefits received on account of age or death under title II of the Social Security Act, compensation payable under this subchapter based on the Federal service of an employee shall be reduced by the amount of any such social security benefits payable that are attributable to Federal service of that employee covered by
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Sept. 7, 1916, ch. 458, §7, |
||
| July 1, 1944, ch. 373, §605(a), |
||
| Aug. 13, 1946, ch. 958, §5, |
||
| Oct. 14, 1949, ch. 691, §201, |
||
| July 30, 1956, ch. 779, §3(b), |
||
| Sept. 13, 1960, |
||
| Sept. 4, 1964, |
In subsection (a)(2), "Air Force" is added on authority of the Act of July 26, 1947, ch. 343, §207(a), (f),
In subsection (b), the reference to the definition of "employee" in former section 790 is omitted as unnecessary as the definition is included in section 8101 for the entire subchapter.
Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
| Section of title 5 | Source (U.S.Code) | Source (Statutes at Large) |
|---|---|---|
| 8116(a) | 5 App.: 757(a). | July 4, 1966, |
The words "another retirement system for employees of the Government" are substituted for "any other Federal Act or program providing retirement benefits for employees".
Editorial Notes
References in Text
The Social Security Act, referred to in subsec. (d), is act Aug. 14, 1935, ch. 531,
Amendments
2000—Subsec. (a)(4).
1991—Subsec. (a)(3).
1986—Subsec. (d).
1974—Subsec. (a).
Statutory Notes and Related Subsidiaries
Effective Date of 1986 Amendment
Amendment by
Effective Date of 1974 Amendment
Personnel Not Affected by 1967 Increase
Increases authorized under amendment by section 1(56) of
§8117. Time of accrual of right
(a) An employee other than a Postal Service employee is not entitled to compensation for the first 3 days of temporary disability, except—
(1) when the disability exceeds 14 days;
(2) when the disability is followed by permanent disability; or
(3) as provided by
(b) A Postal Service employee is not entitled to compensation or continuation of pay for the first 3 days of temporary disability, except as provided under paragraph (3) of subsection (a). A Postal Service employee may use annual leave, sick leave, or leave without pay during that 3-day period, except that if the disability exceeds 14 days or is followed by permanent disability, the employee may have their sick leave or annual leave reinstated or receive pay for the time spent on leave without pay under this section.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Sept. 7, 1916, ch. 458, §2, |
||
| Oct. 14, 1949, ch. 691, §101(a), |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Editorial Notes
Amendments
2006—
1974—
Statutory Notes and Related Subsidiaries
Effective Date of 1974 Amendment
Amendment by
§8118. Continuation of pay; election to use annual or sick leave
(a) The United States shall authorize the continuation of pay of an employee, as defined in
(b) Continuation of pay under this subchapter shall be furnished—
(1) without a break in time, except as provided under section 8117(b), unless controverted under regulations of the Secretary;
(2) for a period not to exceed 45 days; and
(3) under accounting procedures and such other regulations as the Secretary may require.
(c) An employee may use annual or sick leave to his credit at the time the disability begins, but his compensation for disability does not begin, and the time periods specified by
(d) If a claim under subsection (a) is denied by the Secretary, payments under this section shall, at the option of the employee, be charged to sick or annual leave or shall be deemed overpayments of pay within the meaning of
(e) Payments under this section shall not be considered as compensation as defined by
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Sept. 7, 1916, ch. 458, §8, |
||
| Oct. 14, 1949, ch. 691, §101(b), |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Editorial Notes
Amendments
2006—Subsec. (b)(1).
1974—
Statutory Notes and Related Subsidiaries
Effective Date of 1974 Amendment
§8119. Notice of injury or death
An employee injured in the performance of his duty, or someone on his behalf, shall give notice thereof. Notice of a death believed to be related to the employment shall be given by an eligible beneficiary specified in
(a) be given within 30 days after the injury or death;
(b) be given to the immediate superior of the employee by personal delivery or by depositing it in the mail properly stamped and addressed;
(c) be in writing;
(d) state the name and address of the employee;
(e) state the year, month, day, and hour when and the particular locality where the injury or death occurred;
(f) state the cause and nature of the injury, or, in the case of death, the employment factors believed to be the cause; and
(g) be signed by and contain the address of the individual giving the notice.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| (a) | Sept. 7, 1916, ch. 458, §15, |
|
| Sept. 7, 1916, ch. 458, §16, |
||
| (b) | Sept. 7, 1916, ch. 458, §17, |
Subsection (b)(2) is added on authority of former section 770, which is carried into section 8122, to complete the coverage of this section.
Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Editorial Notes
Amendments
1974—
Statutory Notes and Related Subsidiaries
Effective Date of 1974 Amendment
Amendment by
§8120. Report of injury
Immediately after an injury to an employee which results in his death or probable disability, his immediate superior shall report to the Secretary of Labor. The Secretary may—
(1) prescribe the information that the report shall contain;
(2) require the immediate superior to make supplemental reports; and
(3) obtain such additional reports and information from employees as are agreed on by the Secretary and the head of the employing agency.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Sept. 7, 1916, ch. 458, §24, |
||
| Sept. 7, 1916, ch. 458, §28a, |
||
| Oct. 14, 1949, ch. 691, §205(b), |
Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
§8121. Claim
Compensation under this subchapter may be allowed only if an individual or someone on his behalf makes claim therefor. The claim shall—
(1) be made in writing within the time specified by
(2) be delivered to the office of the Secretary of Labor or to an individual whom the Secretary may designate by regulation, or deposited in the mail properly stamped and addressed to the Secretary or his designee;
(3) be on a form approved by the Secretary;
(4) contain all information required by the Secretary;
(5) be sworn to by the individual entitled to compensation or someone on his behalf; and
(6) except in case of death, be accompanied by a certificate of the physician of the employee stating the nature of the injury and the nature and probable extent of the disability.
The Secretary may waive paragraphs (3)–(6) of this section for reasonable cause shown.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Sept. 7, 1916, ch. 458, §18, |
||
| Sept. 7, 1916, ch. 458, §19, |
The words "except as provided in section 788" in former section 768 are omitted as unnecessary as former section 788 dealt with recovery of overpayments after claims were made.
Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Editorial Notes
Amendments
1974—Par. (3).
Statutory Notes and Related Subsidiaries
Effective Date of 1974 Amendment
Amendment by
Increase in Time-Period for FECA Claimant Supply Supporting Documentation to Office of Worker's Compensation
"(1) amend section 10.121 of title 20, Code of Federal Regulations, or any successor regulation, by striking '30 days' and inserting '60 days'; and
"(2) modify the Federal Employees' Compensation Act manual to reflect the changes made by the Secretary pursuant to paragraph (1)."
§8122. Time for making claim
(a) An original claim for compensation for disability or death must be filed within 3 years after the injury or death. Compensation for disability or death, including medical care in disability cases, may not be allowed if claim is not filed within that time unless—
(1) the immediate superior had actual knowledge of the injury or death within 30 days. The knowledge must be such to put the immediate superior reasonably on notice of an on-the-job injury or death; or
(2) written notice of injury or death as specified in
(b) In a case of latent disability, the time for filing claim does not begin to run until the employee has a compensable disability and is aware, or by the exercise of reasonable diligence should have been aware, of the causal relationship of the compensable disability to his employment. In such a case, the time for giving notice of injury begins to run when the employee is aware, or by the exercise of reasonable diligence should have been aware, that his condition is causally related to his employment, whether or not there is a compensable disability.
(c) The timely filing of a disability claim because of injury will satisfy the time requirements for a death claim based on the same injury.
(d) The time limitations in subsections (a) and (b) of this section do not—
(1) begin to run against a minor until he reaches 21 years of age or has had a legal representative appointed; or
(2) run against an incompetent individual while he is incompetent and has no duly appointed legal representative; or
(3) run against any individual whose failure to comply is excused by the Secretary on the ground that such notice could not be given because of exceptional circumstances.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Sept. 7, 1916, ch. 458, §20, |
||
| June 13, 1922, ch. 219, |
||
| July 28, 1945, ch. 328, §1, |
||
| Sept. 13, 1960, |
The last sentence of the Act of June 13, 1922,
Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
| Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 8122(b), (d) | 5 App.: 770. | July 4, 1966, |
Editorial Notes
Amendments
1974—Subsec. (a).
Subsec. (c).
Subsec. (d).
Statutory Notes and Related Subsidiaries
Effective Date of 1974 Amendment
Amendment by
Personnel Not Affected by 1967 Increase
Increases authorized under amendment by section 1(57) of
§8123. Physical examinations
(a) An employee shall submit to examination by a medical officer of the United States, or by a physician designated or approved by the Secretary of Labor, after the injury and as frequently and at the times and places as may be reasonably required. The employee may have a physician designated and paid by him present to participate in the examination. If there is disagreement between the physician making the examination for the United States and the physician of the employee, the Secretary shall appoint a third physician who shall make an examination.
(b) An employee is entitled to be paid expenses incident to an examination required by the Secretary which in the opinion of the Secretary are necessary and reasonable, including transportation and loss of wages incurred in order to be examined. The expenses, when authorized or approved by the Secretary, are paid from the Employees' Compensation Fund.
(c) The Secretary shall fix the fees for examinations held under this section by physicians not employed by or under contract to the United States to furnish medical services to employees. The fees, when authorized or approved by the Secretary, are paid from the Employees' Compensation Fund.
(d) If an employee refuses to submit to or obstructs an examination, his right to compensation under this subchapter is suspended until the refusal or obstruction stops. Compensation is not payable while a refusal or obstruction continues, and the period of the refusal or obstruction is deducted from the period for which compensation is payable to the employee.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Sept. 7, 1916, ch. 458, §21, |
||
| June 26, 1926, ch. 695, §2, |
||
| Sept. 7, 1916, ch. 458, §22, |
||
| Sept. 7, 1916, ch. 458, §23, |
||
| June 26, 1926, ch. 695, §3, |
||
| Oct. 14, 1949, ch. 691, §208 "Sec. 23(a)", |
In subsections (a) and (c), the words "duly qualified" in former sections 771 and 772 are omitted as unnecessary in view of the definition of "physician" in section 8101.
In subsection (c) the words "fees for examinations" in former section 773(a) are substituted for "fees or examinations" since the word "or" was erroneously in the 1949 amendment. The words "any sum payable to the employee under
Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
§8124. Findings and award; hearings
(a) The Secretary of Labor shall determine and make a finding of facts and make an award for or against payment of compensation under this subchapter after—
(1) considering the claim presented by the beneficiary and the report furnished by the immediate superior; and
(2) completing such investigation as he considers necessary.
(b)(1) Before review under
(2) In conducting the hearing, the representative of the Secretary is not bound by common law or statutory rules of evidence, by technical or formal rules of procedure, or by
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Sept. 7, 1916, ch. 458, §36, |
The last sentence of former section 786 is omitted as surplusage because it is covered by section 8147.
Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
| Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 8124(b) | 5 App.: 786(b). | July 4, 1966, |
In subsection (b)(1), the words "
In subsection (b)(2), the words "
Statutory Notes and Related Subsidiaries
Personnel Not Affected by 1967 Increase
Increases authorized under amendment by section 1(58) of
§8125. Misbehavior at proceedings
If an individual—
(1) disobeys or resists a lawful order or process in proceedings under this subchapter before the Secretary of Labor or his representative; or
(2) misbehaves during a hearing or so near the place of hearing as to obstruct it;
the Secretary or his representative shall certify the facts to the district court having jurisdiction in the place where he is sitting. The court, in a summary manner, shall hear the evidence as to the acts complained of and if the evidence warrants, punish the individual in the same manner and to the same extent as for a contempt committed before the court, or commit the individual on the same conditions as if the forbidden act had occurred with reference to the process of or in the presence of the court.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Oct. 14, 1949, ch. 691, §208 "Sec. 23(c)", |
The words "the district court of the United States for the District of Columbia" are omitted as included in "district court". The words "under this subchapter" are added for clarity since this section which was formerly a subsection referred to the subsection preceding it which identified the proceedings.
Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
§8126. Subpenas; oaths; examination of witnesses
The Secretary of Labor, on any matter within his jurisdiction under this subchapter, may—
(1) issue subpenas for and compel the attendance of witnesses within a radius of 100 miles;
(2) administer oaths;
(3) examine witnesses; and
(4) require the production of books, papers, documents, and other evidence.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Sept. 7, 1916, ch. 458, §29, |
The words "under this subchapter" are added to preserve the original grant of power in the Act of Sept. 7, 1916.
Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
§8127. Representation; attorneys' fees
(a) A claimant may authorize an individual to represent him in any proceeding under this subchapter before the Secretary of Labor.
(b) A claim for legal or other services furnished in respect to a case, claim, or award for compensation under this subchapter is valid only if approved by the Secretary.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Oct. 14, 1949, ch. 691, §208 "Sec. 23(b) (less last sentence)", |
Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
§8128. Review of award
(a) The Secretary of Labor may review an award for or against payment of compensation at any time on his own motion or on application. The Secretary, in accordance with the facts found on review, may—
(1) end, decrease, or increase the compensation previously awarded; or
(2) award compensation previously refused or discontinued.
(b) The action of the Secretary or his designee in allowing or denying a payment under this subchapter is—
(1) final and conclusive for all purposes and with respect to all questions of law and fact; and
(2) not subject to review by another official of the United States or by a court by mandamus or otherwise.
Credit shall be allowed in the accounts of a certifying or disbursing official for payments in accordance with that action.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| (a) | Sept. 7, 1916, ch. 458, §37, |
|
| June 5, 1924, ch. 261, §1, |
||
| (b) | July 28, 1945, ch. 328, §4 (penultimate sentence), |
In subsection (a), the words "If the original claim for compensation has been made within the time specified in
In subsection (b), the word "official" is substituted for "officer" because of the definition of "officer" in section 2104 which excludes a member of a uniformed service.
Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface of the report.
§8129. Recovery of overpayments
(a) When an overpayment has been made to an individual under this subchapter because of an error of fact or law, adjustment shall be made under regulations prescribed by the Secretary of Labor by decreasing later payments to which the individual is entitled. If the individual dies before the adjustment is completed, adjustment shall be made by decreasing later benefits payable under this subchapter with respect to the individual's death.
(b) Adjustment or recovery by the United States may not be made when incorrect payment has been made to an individual who is without fault and when adjustment or recovery would defeat the purpose of this subchapter or would be against equity and good conscience.
(c) A certifying or disbursing official is not liable for an amount certified or paid by him when—
(1) adjustment or recovery of the amount is waived under subsection (b) of this section; or
(2) adjustment under subsection (a) of this section is not completed before the death of all individuals against whose benefits deductions are authorized.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Sept. 7, 1916, ch. 458, §38, |
In subsection (a), the words "Subject to the provisions of
In subsection (c), the word "official" is substituted for "officer" as the definition of "officer" in section 2104 excludes a member of a uniformed service.
Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
§8130. Assignment of claim
An assignment of a claim for compensation under this subchapter is void. Compensation and claims for compensation are exempt from claims of creditors.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Sept. 7, 1916, ch. 458, §25, |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
§8131. Subrogation of the United States
(a) If an injury or death for which continuation of pay or compensation is payable under this subchapter is caused under circumstances creating a legal liability on a person other than the United States to pay damages, the Secretary of Labor may require the beneficiary to—
(1) assign to the United States any right of action he may have to enforce the liability or any right he may have to share in money or other property received in satisfaction of that liability; or
(2) prosecute the action in his own name.
An employee required to appear as a party or witness in the prosecution of such an action is in an active duty status while so engaged.
(b) A beneficiary who refuses to assign or prosecute an action in his own name when required by the Secretary is not entitled to compensation under this subchapter.
(c) The Secretary may prosecute or compromise a cause of action assigned to the United States. When the Secretary realizes on the cause of action, he shall deduct therefrom and place to the credit of the Employees' Compensation Fund the amount of continuation of pay or compensation already paid to the beneficiary and the expense of realization or collection. Any surplus shall be paid to the beneficiary and credited on future payments of compensation payable for the same injury. However, the beneficiary is entitled to not less than one-fifth of the net amount of a settlement or recovery remaining after the expenses thereof have been deducted.
(d) If an injury or death for which compensation is payable under this subchapter is caused under circumstances creating a legal liability in the Panama Canal Company to pay damages under the law of a State, a territory or possession of the United States, the District of Columbia, or a foreign country, compensation is not payable until the individual entitled to compensation—
(1) releases to the Panama Canal Company any right of action he may have to enforce the liability of the Panama Canal Company; or
(2) assigns to the United States any right he may have to share in money or other property received in satisfaction of the liability of the Panama Canal Company.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| (a)–(c) | Sept. 7, 1916, ch. 458, §26, |
|
| Sept. 13, 1960, |
||
| (d) | Sept. 7, 1916, ch. 458, §41, |
In subsection (d), the first 45 words of section 41 of the Act of Sept. 7, 1916, are omitted as executed. The words "Panama Canal Company" are substituted for "Panama Railroad Company" on authority of the Act of Sept. 26, 1950, ch. 1049, §2(a) (2),
Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan. No. 19,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
| Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 8131(c) | 5 App.: 776 (proviso). | July 4, 1966, |
Editorial Notes
References in Text
For definition of Panama Canal Company, referred to in text, see
Amendments
2022—Subsec. (a).
Subsec. (c).
Statutory Notes and Related Subsidiaries
Personnel Not Affected by 1967 Increase
Increases authorized under amendment by
§8132. Adjustment after recovery from a third person
If an injury or death for which continuation of pay or compensation is payable under this subchapter is caused under circumstances creating a legal liability in a person other than the United States to pay damages, and a beneficiary entitled to continuation of pay or compensation from the United States for that injury or death receives money or other property in satisfaction of that liability as the result of suit or settlement by him or on his behalf, the beneficiary, after deducting therefrom the costs of suit and a reasonable attorney's fee, shall refund to the United States the amount of continuation of pay or compensation paid by the United States and credit any surplus on future payments of compensation payable to him for the same injury. No court, insurer, attorney, or other person shall pay or distribute to the beneficiary or his designee the proceeds of such suit or settlement without first satisfying or assuring satisfaction of the interest of the United States. The amount refunded to the United States shall be credited to the Employees' Compensation Fund. If continuation of pay or compensation has not been paid to the beneficiary, the money or property shall be credited against continuation of pay or compensation payable to him by the United States for the same injury. However, the beneficiary is entitled to retain, as a minimum, at least one-fifth of the net amount of the money or other property remaining after the expenses of a suit or settlement have been deducted; and in addition to this minimum and at the time of distribution, an amount equivalent to a reasonable attorney's fee proportionate to the refund to the United States.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Sept. 7, 1916, ch. 458, §27, |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
| Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 8132 | 5 App.: 777(b) (proviso). | July 4, 1966, |
The words "However, * * * is entitled to retain * * * plus" are substituted for "Provided, That * * * shall have the right to retain * * * and, in addition, to retain".
Editorial Notes
Amendments
2022—
1974—
Statutory Notes and Related Subsidiaries
Effective Date of 1974 Amendment
Amendment by
Personnel Not Affected by 1967 Increase
Increases authorized under amendment by
§8133. Compensation in case of death
(a) If death results from an injury sustained in the performance of duty, the United States shall pay a monthly compensation equal to a percentage of the monthly pay of the deceased employee in accordance with the following schedule:
(1) To the widow or widower, if there is no child, 50 percent.
(2) To the widow or widower, if there is a child, 45 percent and in addition 15 percent for each child not to exceed a total of 75 percent for the widow or widower and children.
(3) To the children, if there is no widow or widower, 40 percent for one child and 15 percent additional for each additional child not to exceed a total of 75 percent, divided among the children share and share alike.
(4) To the parents, if there is no widow, widower, or child, as follows—
(A) 25 percent if one parent was wholly dependent on the employee at the time of death and the other was not dependent to any extent;
(B) 20 percent to each if both were wholly dependent; or
(C) a proportionate amount in the discretion of the Secretary of Labor if one or both were partly dependent.
If there is a widow, widower, or child, so much of the percentages are payable as, when added to the total percentages payable to the widow, widower, and children, will not exceed a total of 75 percent.
(5) To the brothers, sisters, grandparents, and grandchildren, if there is no widow, widower, child, or dependent parent, as follows—
(A) 20 percent if one was wholly dependent on the employee at the time of death;
(B) 30 percent if more than one was wholly dependent, divided among the dependents share and share alike; or
(C) 10 percent if no one is wholly dependent but one or more is partly dependent, divided among the dependents share and share alike.
If there is a widow, widower, child, or dependent parent, so much of the percentages are payable as, when added to the total percentages payable to the widow, widower, children, and dependent parents, will not exceed a total of 75 percent.
(b) The compensation payable under subsection (a) of this section is paid from the time of death until—
(1) a widow, or widower dies or remarries before reaching age 55;
(2) a child, a brother, a sister, or a grandchild dies, marries, or becomes 18 years of age, or if over age 18 and incapable of self-support becomes capable of self-support; or
(3) a parent or grandparent dies, marries, or ceases to be dependent.
Notwithstanding paragraph (2) of this subsection, compensation payable to or for a child, a brother or sister, or grandchild that would otherwise end because the child, brother or sister, or grandchild has reached 18 years of age shall continue if he is a student as defined by
(c) On the cessation of compensation under this section to or on account of an individual, the compensation of the remaining individuals entitled to compensation for the unexpired part of the period during which their compensation is payable, is that which they would have received if they had been the only individuals entitled to compensation at the time of the death of the employee.
(d) When there are two or more classes of individuals entitled to compensation under this section and the apportionment of compensation under this section would result in injustice, the Secretary may modify the apportionment to meet the requirements of the case.
(e) In computing compensation under this section, the monthly pay is deemed not less than the minimum rate of basic pay for GS–2. However, the total monthly compensation may not exceed—
(1) the monthly pay computed under
(2) 75 percent of the monthly pay of the maximum rate of basic pay for GS–15.
(f) Notwithstanding any funeral and burial expenses paid under section 8134, there shall be paid a sum of $200 to the personal representative of a deceased employee within the meaning of
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Sept. 7, 1916, ch. 458, §10 (less last 15 words of 1st sentence in (B); and less (H) and (L)), |
||
| July 28, 1945, ch. 328, §§2 (less last 24 words), 3, |
||
| Oct. 14, 1949, ch. 691, §106 (less last 23 words of 1st sentence in "(B)" of (c); and less (e)), |
||
| Sept. 13, 1960, |
In subsection (a), the words "an injury sustained in the performance of duty" are substituted for "the injury" to clearly identify the type of injury to which the section refers.
Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan. No. 19,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
| Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 8133(b) | 5 App.: 760(G) (last sentence). | July 4, 1966, |
| 8133(e) | 5 App.: 760(K). | July 4, 1966, |
In subsection (b), the words "Notwithstanding paragraph (3) of this subsection" are substituted for "Notwithstanding any other provision of this section" for clarity. The words "
In subsection (e), the words "is deemed" are substituted for "shall be considered to be". The words "minimum rate of basic pay for GS–2" and "maximum rate of basic pay for GS–15" are substituted for "lowest rate of basic compensation provided for grade 2 by the General Schedule of the Classification Act of 1949" and "highest rate of basic compensation provided for grade 15 of the General Schedule of the Classification Act of 1949," respectively, for consistency of style and to reflect the codification of the Classification Act of 1949 in title 5. The words "under
Editorial Notes
Amendments
1990—Subsec. (b)(1).
1974—Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (a)(3).
Subsec. (b).
Subsec. (e)(1).
Subsec. (f).
Statutory Notes and Related Subsidiaries
Effective Date of 1974 Amendment
Amendment by sections 16(a) and 17 of
Amendment by section 18 of
Gratuity for Death of Civilian Employee From Injury Sustained in Line of Duty
Personnel Not Affected by 1967 Increase
Increases authorized under amendment by section 1(62)(B) of
§8134. Funeral expenses; transportation of body
(a) If death results from an injury sustained in the performance of duty, the United States shall pay, to the personal representative of the deceased or otherwise, funeral and burial expenses not to exceed $800, in the discretion of the Secretary of Labor.
(b) The body of an employee whose home is in the United States, in the discretion of the Secretary, may be embalmed and transported in a hermetically sealed casket to his home or last place of residence at the expense of the Employees' Compensation Fund if—
(1) the employee dies from—
(A) the injury while away from his home or official station or outside the United States; or
(B) from other causes while away from his home or official station for the purpose of receiving medical or other services, appliances, supplies, or examination under this subchapter; and
(2) the relatives of the employee request the return of his body.
If the relatives do not request the return of the body of the employee, the Secretary may provide for its disposition and incur and pay from the Employees' Compensation Fund the necessary and reasonable transportation, funeral, and burial expenses.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Sept. 7, 1916, ch. 458, §11, |
||
| Feb. 12, 1927, ch. 110, §4, |
||
| July 28, 1945, ch. 328, §2 (last 24 words), |
||
| Oct. 14, 1949, ch. 691, §107, |
||
| Sept. 13, 1960, |
In subsection (a), the words "an injury sustained in the performance of duty" are substituted for "the injury" to clearly identify the type of injury to which the section refers.
Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan. No. 19,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Statutory Notes and Related Subsidiaries
Burial Allowance
"(a)
"(1)
"(2)
"(A) who served as a civilian officer or employee of such an agency or department;
"(B) who died as a result of an injury incurred during such service; and
"(C) whose death—
"(i) resulted from hostile or terrorist activities; or
"(ii) occurred in connection with an intelligence activity having a substantial element of risk.
"(b)
"(c)
"(1) in an amount not greater than—
"(A) the maximum reimbursable amount allowed under Department of Defense Instruction 1344.08 or successor instruction; plus
"(B) the actual costs of transportation referred to in subsection (b); and
"(2) in addition to any other benefit permitted under any other provision of law, including funds that may be expended as specified in the General Provisions section of the classified annex accompanying this Act.
"(d)
[For definition of "intelligence community" as used in section 310 of
Availability of Department of the Interior and Related Agencies Appropriations To Reimburse Representatives of Employees Killed in Line of Duty
§8135. Lump-sum payment
(a) The liability of the United States for compensation to a beneficiary in the case of death or of permanent total or permanent partial disability may be discharged by a lump-sum payment equal to the present value of all future payments of compensation computed at 4 percent true discount compounded annually if—
(1) the monthly payment to the beneficiary is less than $50 a month;
(2) the beneficiary is or is about to become a nonresident of the United States; or
(3) the Secretary of Labor determines that it is for the best interest of the beneficiary.
The probability of the death of the beneficiary before the expiration of the period during which he is entitled to compensation shall be determined according to the most current United States Life Tables, as developed by the United States Department of Health, Education, and Welfare, which shall be updated from time to time, but the lump-sum payment to a widow or widower of the deceased employee may not exceed 60 months' compensation. The probability of the happening of any other contingency affecting the amount or duration of compensation shall be disregarded.
(b) On remarriage before reaching age 55 a widow or widower entitled to compensation under
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Sept. 7, 1916, ch. 458, §14, |
Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
| Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 8135(b) | 5 App.: 764(b). | July 4, 1966, |
The word "widower" is substituted for "dependent widower" to conform to the definition in
Editorial Notes
Amendments
1990—Subsec. (b).
1974—Subsec. (a).
Subsec. (a)(1).
Subsec. (b).
Statutory Notes and Related Subsidiaries
Change of Name
United States Department of Health, Education, and Welfare redesignated the United States Department of Health and Human Services by
Effective Date of 1974 Amendment
Amendment by
Personnel Not Affected by 1967 Increase
Increases authorized under amendment by section 1(63) of
§8136. Initial payments outside the United States
If an employee is injured outside the continental United States, the Secretary of Labor may arrange and provide for initial payment of compensation and initial furnishing of other benefits under this subchapter by an employee or agent of the United States designated by the Secretary for that purpose in the locality in which the employee was employed or the injury occurred.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| July 29, 1942, ch. 533 (2d sentence), |
The word "continental" is added on authority of the last sentence of the fifth paragraph of former section 793, which is carried into section 8137.
Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan. No. 19,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
§8137. Compensation for noncitizens and nonresidents
(a) When the Secretary of Labor finds that the amount of compensation payable to an employee who is neither a citizen nor resident of the United States or Canada, or payable to a dependent of such an employee, is substantially disproportionate to compensation for disability or death payable in similar cases under local statute, regulation, custom, or otherwise at the place outside the continental United States or Canada where the employee is working at the time of injury, he may provide for payment of compensation on a basis reasonably in accord with prevailing local payments in similar cases by—
(1) the adoption or adaption of the substantive features, by a schedule or otherwise, of local workmen's compensation provisions or other local statute, regulation, or custom applicable in cases of personal injury or death; or
(2) establishing special schedules of compensation for injury, death, and loss of use of members and functions of the body for specific classes of employees, areas, and places.
Irrespective of the basis adopted, the Secretary may at any time—
(A) modify or limit the maximum monthly and total aggregate payments for injury, death, and medical or other benefits;
(B) modify or limit the percentages of the wage of the employee payable as compensation for the injury or death; and
(C) modify, limit, or redesignate the class or classes of beneficiaries entitled to death benefits, including the designation of persons, representatives, or groups entitled to payment under local statute or custom whether or not included in the classes of beneficiaries otherwise specified by this subchapter.
(b) In a case under this section, the Secretary or his designee may—
(1) make a lump-sum award in the manner prescribed by
(2) compromise and pay a claim for benefits, including a claim in which there is a dispute as to jurisdiction or other fact or a question of law.
Compensation paid under this subsection is instead of all other compensation from the United States for the same injury or death, and a payment made under this subsection is deemed compensation under this subchapter and is satisfaction of all liability of the United States in respect to the particular injury or death.
(c) The Secretary may delegate to an employee or agency of the United States, with such limitations and right of review as he considers advisable, authority to process, adjudicate, commute by lump-sum award, compromise, and pay a claim or class of claims for compensation, and to provide other benefits, locally, under this section, in accordance with such regulations and instructions as the Secretary considers necessary. For this purpose, the Secretary may provide or transfer funds, including reimbursement of amounts paid under this subchapter.
(d) The Secretary may waive the application of this subchapter in whole or in part and for such period or periods as he may fix if he finds that—
(1) conditions prevent the establishment of facilities for processing and adjudicating claims under this section; or
(2) claimants under this section are alien enemies.
(e) The Secretary may apply this section retrospectively with adjustment of compensation and benefits as he considers necessary and proper.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| July 28, 1945, ch. 328, §4 (less penultimate sentence), |
The last sentence of former section 793 is omitted as it consists of a definition which is fully spelled out when the words "United States" are used as a geographical reference.
Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan. No. 19,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
§8138. Minimum limit modification for noncitizens and aliens
(a) Except as provided by subsection (b) of this section, the minimum limit on monthly compensation for disability under
(b) The President may remove or modify the minimum limit on monthly compensation for disability under
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| (a) | July 29, 1942, ch. 533 (less 2d sentence), Sept. 13, 1960, |
|
| (b) | Sept. 7, 1916, ch. 458, §42 (2d sentence of 2d par.), |
|
| Apr. 6, 1938, ch. 79 "Sec. 42 (2d sentence of 2d par.)", |
In subsection (a), the words "in his discretion" are omitted as unnecessary in view of the permissive nature of the authority. The word "continental" is added on authority of the last sentence of the fifth paragraph of former section 793, which is carried into section 8137.
In subsection (b), the words "Canal Zone Government" and "Panama Canal Company" are substituted for "Panama Canal" and "Panama Railroad Company", respectively, on authority of the Act of Sept. 26, 1950, ch. 1049, §2(a),
Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Editorial Notes
References in Text
For definition of Canal Zone Government and Panama Canal Company, referred to in text, see
§8139. Employees of the District of Columbia
Compensation awarded to an employee of the government of the District of Columbia shall be paid in the manner provided by statute for the payment of the general expenses of the government of the District of Columbia.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| July 11, 1919, ch. 7, §11 (less 1st sentence), |
The words "Compensation awarded" are substituted for "Such compensation as the Secretary may award".
The last sentence of former section 794, requiring that the Commissioners of the District of Columbia submit to Congress through the Bureau of the Budget estimates of appropriations, is omitted as obsolete. The Budget and Accounting Act, 1921, as amended,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Statutory Notes and Related Subsidiaries
Processing of Claims Filed by District of Columbia Employees
See
§8140. Members of the Reserve Officers' Training Corps
(a) Subject to the provisions of this section, this subchapter applies to a member of, or applicant for membership in, the Reserve Officers' Training Corps of the Army, Navy, or Air Force who suffers an injury, disability, or death incurred, or an illness contracted, in line of duty—
(1) while engaged in a flight or in flight instruction under
(2) during the period of the member's attendance at training or a practice cruise under
(b) For the purpose of this section, an injury, disability, death, or illness of a member referred to in subsection (a) may be considered as incurred or contracted in line of duty only if the injury, disability, or death is incurred, or the illness is contracted, by the member during a period described in that subsection. Subject to review by the Secretary of Labor, the Secretary of the military department concerned (under regulations prescribed by that Secretary), shall determine whether an injury, disability, or death was incurred, or an illness was contracted, by a member in line of duty.
(c) In computing the compensation payable under this section, the monthly pay received by the injured or deceased individual, in cash and kind, is deemed $150.
(d) The Secretary of the military department concerned shall cooperate fully with the Department of Labor in the prompt investigation and prosecution of a case involving the legal liability of a third party other than the United States.
(e) An individual may not receive disability benefits under this section while on active duty with the armed forces, but these benefits may be reinstated when the individual is released from that active duty.
(f) Expenses incurred by a military department in providing hospitalization, medical and surgical care, necessary transportation incident to that hospitalization or medical and surgical care, or in connection with a funeral and burial on behalf of an individual covered by subsection (a) of this section shall be reimbursed by the Secretary of Labor from the Employees' Compensation Fund in accordance with this subchapter. However, reimbursement may not be made for hospitalization or medical or surgical care provided an individual by a military department in a facility of a military department.
(g) For purposes of this section, the term "applicant for membership" includes a student enrolled, during a semester or other enrollment term, in a course which is part of Reserve Officers' Training Corps instruction at an educational institution.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Aug. 1, 1956, ch. 830, §4, Oct. 13, 1964, |
In subsection (a), the words "Subject to the provisions of this section" are added for clarity.
In subsection (c), the last sentence of former section 802(b) is omitted as unnecessary.
In subsection (d), the words "Nothing in this section shall be construed to hinder the prompt action authorized by
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Editorial Notes
Amendments
1998—Subsec. (a).
Subsec. (a)(2).
Subsec. (b).
1988—Subsec. (a).
Subsec. (a)(2).
Subsec. (f).
Subsec. (g).
Statutory Notes and Related Subsidiaries
Effective Date of 1998 Amendment
Effective Date of 1988 Amendment
Amendment by
Different Coverage for Reserve Officer Training Corps Members
[Section 113(d) of
§8141. Civil Air Patrol volunteers
(a) Subject to the provisions of this section, this subchapter applies to a volunteer civilian member of the Civil Air Patrol, except a Civil Air Patrol Cadet under 18 years of age.
(b) In administering this subchapter for a member of the Civil Air Patrol covered by this section—
(1) the monthly pay of a member is deemed the rate of basic pay payable for step 1 of grade GS–9 in the General Schedule under
(2) the percentages applicable to payments under
(A) 45 percent for
(B) 20 percent for
(C) 25 percent for
(3) a payment may not be made under
(4) "performance of duty" means only active service, and travel to and from that service, rendered in performance or support of operational missions of the Civil Air Patrol under direction of the Department of the Air Force and under written authorization by competent authority covering a specific assignment and prescribing a time limit for the assignment; and
(5) the Secretary of Labor or his designee shall inform the Commissioner of Social Security when a claim is filed and eligibility for compensation is established under section 8133(a)(2) or (3) of this title, and the Commissioner of Social Security shall certify to the Secretary of Labor as to whether or not the member concerned was fully or currently insured under subchapter II of
(c) The Secretary of Labor or his designee may inform the Secretary of the Air Force or his designee when a claim is filed. The Secretary of the Air Force, on request of the Secretary of Labor, shall advise him of the facts concerning the injury and whether or not the member was rendering service, or engaged in travel to or from service, in performance or support of an operational mission of the Civil Air Patrol at the time of injury. This subsection does not dispense with the report of the immediate superior of the member required by
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Aug. 3, 1956, ch. 926, §1 "Sec. 3 (less (d))", |
Subsection (d) of former section 803, providing for retroactive applicability, is omitted as executed (see Table II).
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Editorial Notes
References in Text
Subchapter II of
Amendments
1994—Subsec. (b)(5).
1983—Subsec. (a).
Subsec. (b)(1).
Statutory Notes and Related Subsidiaries
Effective Date of 1994 Amendment
Amendment by
Effective Date of 1983 Amendment
"(1) The amendments made by subsection (a) [amending this section] shall take effect on the date of the enactment of this Act [Sept. 24, 1983].
"(2) The amendment made by subsection (a)(1) [amending this section] shall apply only to deaths or injuries occurring on or after the date of the enactment of this Act [Sept. 24, 1983].
"(3) The amendment made by subsection (a)(2) [amending this section] shall apply only to the computation of compensation payable for periods commencing on or after the date of the enactment of this Act [Sept. 24, 1983]."
§8142. Peace Corps volunteers
(a) For the purpose of this section, "volunteer" means—
(1) a volunteer enrolled in the Peace Corps under
(2) a volunteer leader enrolled in the Peace Corps under
(3) an applicant for enrollment as a volunteer or volunteer leader during a period of training under
(b) Subject to the provisions of this section, this subchapter applies to a volunteer, except that entitlement to disability compensation payments does not commence until the day after the date of termination of his service as a volunteer.
(c) For the purpose of this subchapter—
(1) a volunteer is deemed receiving monthly pay at the minimum rate for GS–7;
(2) a volunteer leader referred to by
(3) an injury suffered by a volunteer when he is outside the several States and the District of Columbia is deemed proximately caused by his employment, unless the injury or disease is—
(A) caused by willful misconduct of the volunteer;
(B) caused by the volunteer's intention to bring about the injury or death of himself or of another; or
(C) proximately caused by the intoxication of the injured volunteer; and
(4) the period of service of an individual as a volunteer includes—
(A) any period of training under
(B) the period between enrollment as a volunteer and the termination of service as a volunteer by the President or by death or resignation.
(d)(1) The Secretary shall authorize the Director of the Peace Corps to furnish medical benefits to a volunteer, who is injured during the volunteer's period of service, for a period of 120 days following the termination of such service if the Director certifies that the volunteer's injury probably meets the requirements under subsection (c)(3). The Secretary may then certify vouchers for these expenses for such volunteer out of the Employees' Compensation Fund.
(2) The Secretary shall prescribe the form and content of the certification required under paragraph (1).
(3) A certification under paragraph (1) will cease to be effective if the volunteer sustains compensable disability in connection with volunteer service.
(4) Nothing in this subsection may be construed to authorize the furnishing of any medical benefit that the Secretary of Labor is not otherwise authorized to reimburse for former Peace Corps volunteers who receive treatment for injury or disease proximately caused by their service in the Peace Corps in accordance with this chapter.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Sept. 22, 1961, |
Subsection (a) is based on
In subsection (b), the words "Subject to the provisions of this section" are added for clarity and to conform to the style of sections 8140 and 8141. The words "of the United States Government" are omitted as unnecessary in view of the definition of "employee" in section 8101(1).
In subsection (c), the words "outside the several States, territories and possessions of the United States, and the District of Columbia" are substituted for "abroad" on authority of
Subsection (c)(4) is added on authority of
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
Editorial Notes
Amendments
2018—Subsec. (d).
1974—Subsec. (c)(2).
Statutory Notes and Related Subsidiaries
Effective Date of 1974 Amendment
Amendment by
§8143. Job Corps enrollees; volunteers in service to America
(a) Subject to the provisions of this subsection, this subchapter applies to an enrollee in the Job Corps, except that compensation for disability does not begin to accrue until the day after the date on which the injured enrollee is terminated. In administering this subchapter for an enrollee covered by this subsection—
(1) the monthly pay of an enrollee is deemed that received at the minimum rate for GS–2;
(2)
(3) "performance of duty" does not include an act of an enrollee while absent from his assigned post of duty, except while participating in an activity (including an activity while on pass or during travel to or from the post of duty) authorized by or under the direction and supervision of the Job Corps.
(b) This subchapter applies to a volunteer in service to America who receives either a living allowance or a stipend under part A of subchapter VIII of
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| (a) | Aug. 20, 1964, |
|
| (b) | Aug. 20, 1964, |
In subsection (a)(1), reference to "the Classification Act of 1949 (
In subsection (b), the words "in service to America" are inserted after "volunteer" for clarity.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
| Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 8143(a)(1) | 42: 2716(c)(2)(B). | Nov. 8, 1966, |
| 8143(a)(3) | 42: 2716(c)(2)(A). | Oct. 9, 1965, |
| 8143(b) | 42: 2991c(b) (as applicable to 42: 2716(c)). | Nov. 8, 1966, |
In subsection (a)(3), the words "in the Federal Employees' Compensation Act" are omitted as unnecessary since that act is codified in that subchapter of
In subsection (b), the words "in service to America" are inserted after "volunteer" in two places for clarity. The words "subsection (a)(2) of this section" are substituted for "paragraph (2)(B) of section 106(c)" to reflect the codification of that paragraph in title 5. The words "at the minimum rate for GS–7" are substituted for "under the entrance salary for GS–7 of the General Schedule for
Editorial Notes
References in Text
Part A of subchapter VIII of
Amendments
1993—Subsec. (b).
1974—
1968—
Statutory Notes and Related Subsidiaries
Effective Date of 1993 Amendment
Amendment by
Effective Date of 1974 Amendment
Amendment by
Effective Date of 1968 Amendment
Amendment by
§8143a. Members of the National Teacher Corps
Subject to the provisions of this section, this subchapter applies to a member of the National Teacher Corps. In administering this subchapter for a member covered by this section—
(1) "performance of duty" does not include an act of a member while—
(A) on authorized leave; or
(B) absent from his assigned post of duty, except while participating in an activity authorized by or under the direction or supervision of the Commissioner of Education; and
(2) in computing compensation for disability or death, the monthly pay of a member is deemed his actual pay or that received at the minimum rate for GS–6, whichever is greater.
(Added
| Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 8143a | 20: 1105(b). | Nov. 8, 1965, |
The words "a member of the National Teacher Corps" are substituted for "such members" on authority of
Statutory Notes and Related Subsidiaries
Transfer of Functions
Functions of Commissioner of Education of Department of Health, Education, and Welfare transferred to Secretary of Education by
§8143b. Employees in fire protection activities
(a)
(1)
(A) is trained in fire suppression;
(B) has the legal authority and responsibility to engage in fire suppression;
(C) is engaged in the prevention, control, or extinguishment of fires or response to emergency situations in which life, property, or the environment is at risk, including the prevention, control, suppression, or management of wildland fires; and
(D) performs the activities described in subparagraph (C) as a primary responsibility of the job of the employee.
(2)
(3)
(b)
(1)
(2)
(A) Bladder cancer.
(B) Brain cancer.
(C) Chronic obstructive pulmonary disease.
(D) Colorectal cancer.
(E) Esophageal cancer.
(F) Kidney cancer.
(G) Leukemias.
(H) Lung cancer.
(I) Mesothelioma.
(J) Multiple myeloma.
(K) Non-Hodgkin lymphoma.
(L) Prostate cancer.
(M) Skin cancer (melanoma).
(N) A sudden cardiac event or stroke suffered while, or not later than 24 hours after, engaging in the activities described in subsection (a)(1)(C).
(O) Testicular cancer.
(P) Thyroid cancer.
(3)
(A)
(i)
(I) in consultation with the Director of the National Institute for Occupational Safety and Health and any advisory committee determined appropriate by the Secretary, periodically review the list established under paragraph (2); and
(II) if the Secretary determines that the weight of the best available scientific evidence warrants adding an illness or disease to the list established under paragraph (2), as described in subparagraph (B) of this paragraph, make such an addition through a rule that clearly identifies that scientific evidence.
(ii)
(B)
(C)
(Added
Statutory Notes and Related Subsidiaries
Effective Date
Research Cooperation
Agenda for Further Review
"(A) evaluate the best available scientific evidence of the risk to an employee in fire protection activities of developing breast cancer, gynecological cancers, and rhabdomyolysis;
"(B) add breast cancer, gynecological cancers, and rhabdomyolysis to the list, by rule in accordance with subsection (b)(3) of
"(C) submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Education and Labor [now Committee on Education and the Workforce] of the House of Representatives a report containing—
"(i) the findings of the Secretary after making the evaluation required under subparagraph (A); and
"(ii) the determination of the Secretary under subparagraph (B)."
["The list" as used in section 5305(a)(3) of
1 So in original. Probably should be "
§8144. Student-employees
A student-employee as defined by
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Aug. 4, 1947, ch. 452, §4, |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
§8145. Administration
The Secretary of Labor shall administer, and decide all questions arising under, this subchapter. He may—
(1) appoint employees to administer this subchapter; and
(2) delegate to any employee of the Department of Labor any of the powers conferred on him by this subchapter.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Sept. 7, 1916, ch. 458, §28, |
||
| Oct. 14, 1949, ch. 691, §205(a), (c)(1), |
||
| [Uncodified]. | 1946 Reorg. Plan No. 2, §3 (less 2d sentence), eff. July 16, 1946, |
|
| [Uncodified]. | 1950 Reorg. Plan No. 19, §1, eff. May 24, 1950, |
|
| Sept. 7, 1916, ch. 458, §30, |
||
| Sept. 7, 1916, ch. 458, §32 (last 9 words), |
The last 20 words of former section 781 are omitted as unnecessary in view of the definition of "competitive service" in section 2102 and the provisions of subchapter I of
Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Statutory Notes and Related Subsidiaries
Processing of Claims Filed by District of Columbia Employees
See
§8146. Administration for the Panama Canal Commission and The Alaska Railroad
(a) The President, from time to time, may transfer the administration of this subchapter—
(1) so far as employees of the Panama Canal Commission are concerned to the Commission; and
(2) so far as employees of The Alaska Railroad are concerned to the general manager of The Alaska Railroad.
(b) When administration is transferred under subsection (a) of this section, the expenses incident to physical examinations which are payable under
(c) The President may authorize the Panama Canal Commission to waive, at its discretion, the making of the claim required by
(d) When administration is transferred under subsection (a) of this section to the general manager of The Alaska Railroad, the Secretary of Labor is not divested of jurisdiction and a claimant is entitled to appeal from the decision of the general manager of The Alaska Railroad to the Secretary of Labor. The Secretary on receipt of an appeal shall, or on his own motion may, review the decision of the general manager of The Alaska Railroad, and in accordance with the facts found on review may proceed under
(e) The same right of appeal exists with respect to claims filed by employees of the Panama Canal Commission or their dependents in case of death, as is provided with respect to the claims of other employees to whom this subchapter applies, under
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Sept. 7, 1916, ch. 458, §42 (less 2d sentence of 2d par.), Apr. 6, 1938, ch. 79 "Sec. 42 (less 2d sentence of 2d par.)", Aug. 30, 1964, |
In subsection (a), the words "in which cases the words 'Secretary' and 'his' wherever they appear in
In subsection (b), the words "the Employees' Compensation Fund" are substituted for "appropriation for the work of the Secretary" in view of former section 771, which is carried into section 8123, which provides that all such expenses shall be paid from the Fund.
In subsections (b) and (c), the words "Canal Zone Government", "Panama Canal Company", and "Governor of the Canal Zone" are substituted for "Panama Canal", "Panama Railroad Company", and "Governor of the Panama Canal", respectively, on authority of the Act of Sept. 26, 1950, ch. 1049, §2,
In subsection (e), the words "of other employees to whom this subchapter applies" are substituted for "of other employees of the Federal Government" for clarity and in view of the provisions of section 8149. The words "Employees' Compensation Appeals Board" are substituted for "Appeals Board" to reflect the full title of the Board
Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Editorial Notes
Amendments
1979—
Subsec. (a)(1).
Subsec. (b).
Subsec. (c).
Subsec. (e).
Statutory Notes and Related Subsidiaries
Effective Date of 1979 Amendment
Amendment by
§8146a. Cost-of-living adjustment of compensation
(a) Compensation payable on account of disability or death which occurred more than one year before March 1 of each year shall be annually increased on that date by the amount determined by the Secretary of Labor to represent the percent change in the price index published for December of the preceding year over the price index published for the December of the year prior to the preceding year, adjusted to the nearest one-tenth of 1 percent.
(b) The regular periodic compensation payments after adjustment under this section shall be fixed at the nearest dollar. However, the regular periodic compensation after adjustment shall reflect an increase of at least $1.
(c) This section shall be applicable to persons excluded by section 15 of the Federal Employees' Compensation Act Amendments of 1966 (
(Added
| Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 8146a(a) 8146a(b) |
5 App.: 793a(a). 5 App.: 793a(b). |
July 4, 1966, |
In subsection (a), the words "After the month during which this section becomes effective," following "Each month," are omitted as executed and unnecessary. The words "Secretary of Labor" are substituted for "Secretary" on authority of section 40(i) of the Federal Employees' Compensation Act. In the second sentence, the words "latest base month" are substituted for "most recent base month."
So much of section 14 of
Editorial Notes
References in Text
"Persons excluded by section 15 of the Federal Employees' Compensation Act Amendments of 1966", referred to in subsec. (c), means persons excluded by section 15 of
Act of February 15, 1934 (
Act of June 26, 1936 (
Act of April 8, 1935 (
Act of July 25, 1942 (
Act of September 8, 1959 (
Amendments
1980—Subsec. (a).
1974—Subsec. (a).
Subsec. (b).
Subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 1980 Amendment
For effective date of amendment by
Effective Date of 1974 Amendment
Amendment by
Personnel Not Affected by Cost-of-Living Adjustment
Increases authorized by this section not applicable to employees and individuals not within the definition of "employee" in
§8147. Employees' Compensation Fund
(a) There is in the Treasury of the United States the Employees' Compensation Fund which consists of sums that Congress, from time to time, may appropriate for or transfer to it, and amounts that otherwise accrue to it under this subchapter or other statute. The Fund is available without time limit for the payment of compensation and other benefits and expenses, except administrative expenses, authorized by this subchapter or any extension or application thereof, except as otherwise provided by this subchapter or other statute. The Secretary of Labor shall submit annually to the Office of Management and Budget estimates of appropriations necessary for the maintenance of the Fund. For the purpose of this subsection, "administrative expenses" does not include expenses for legal services performed by or for the Secretary under
(b) Before August 15 of each year, the Secretary shall furnish to each agency and instrumentality of the United States having an employee who is or may be entitled to compensation benefits under this subchapter or any extension or application thereof a statement showing the total cost of benefits and other payments made from the Employees' Compensation Fund during the preceding July 1 through June 30 expense period on account of the injury or death of employees or individuals under the jurisdiction of the agency or instrumentality. Each agency and instrumentality shall include in its annual budget estimates for the fiscal year beginning in the next calendar year a request for an appropriation in an amount equal to the costs. Sums appropriated pursuant to the request shall be deposited in the Treasury to the credit of the Fund within 30 days after they are available. An agency or instrumentality not dependent on an annual appropriation shall make the deposit required by this subsection from funds under its control during the first fifteen days of October following the furnishing of the statement. If an agency or instrumentality (or part or function thereof) is transferred to another agency or instrumentality, the cost of compensation benefits and other expenses paid from the Fund on account of the injury or death of employees of the transferred agency or instrumentality (or part or function) shall be included in costs of the receiving agency or instrumentality.
(c) In addition to the contributions for the maintenance of the Employees' Compensation Fund required by this section, the United States Postal Service, or a mixed ownership corporation as defined by
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Sept. 7, 1916, ch. 458, §35, Sept. 12, 1950, ch. 946, §301(92), Sept. 13, 1960, |
In subsection (b), the words "each agency and instrumentality of the United States" are substituted for "each executive department and each agency or instrumentality of the United States or other establishment". The words "(hereinafter called 'agency')" are omitted as unnecessary because "agency or instrumentality" is substituted for "agency" in the remainder of this subsection and in subsection (c). The words "occurring after December 1, 1960" are omitted as executed.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
| Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 8147(a) | 5 App.: 785(d). | July 4, 1966, |
The word "performed" is substituted for "rendered" to conform to the style of title 5. The words "
Editorial Notes
Amendments
1982—Subsec. (c).
1976—Subsec. (b).
1974—Subsec. (a).
Subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 1974 Amendment
Amendment by section 25 of
Amendment by section 26 of
Government Publishing Office Payment of Cost of Administration
Fiscal Year 1994 Prohibition on Payments to Individuals Convicted of Issuing False Statements or Fraud
Deposit Into Fund Between July 1, and July 15, 1976, of Specified Part of August 15, 1975, Statement
Personnel Not Affected by 1967 Increase
Increases authorized under amendment by section 1(71) of
§8148. Forfeiture of benefits by convicted felons
(a) Any individual convicted of a violation of
(b)(1) Notwithstanding any other provision of this chapter (except as provided under paragraph (3)), no benefits under this subchapter or subchapter III of this chapter shall be paid or provided to any individual during any period during which such individual is confined in a jail, prison, or other penal institution or correctional facility, pursuant to that individual's conviction of an offense that constituted a felony under applicable law.
(2) Such individual shall not be entitled to receive the benefits forfeited during the period of incarceration under paragraph (1), after such period of incarceration ends.
(3) If an individual has one or more dependents as defined under section 8110(a), the Secretary of Labor may, during the period of incarceration, pay to such dependents a percentage of the benefits that would have been payable to such individual computed according to the percentages set forth in section 8133(a)(1) through (5).
(c) Notwithstanding the provision of
(Added
Editorial Notes
Prior Provisions
A prior section 8148,
Amendments
1998—Subsec. (a).
Statutory Notes and Related Subsidiaries
Effective Date
§8149. Regulations
The Secretary of Labor may prescribe rules and regulations necessary for the administration and enforcement of this subchapter including rules and regulations for the conduct of hearings under
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Sept. 7, 1916, ch. 458, §32 (less last 9 words), |
||
| [Uncodified]. | 1946 Reorg. Plan No. 2, §3 (2d sentence), eff. July 16, 1946, |
|
| [Uncodified]. | 1950 Reorg. Plan No. 19, §2, eff. May 24, 1950, |
The words "administration and" are added for clarity.
Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19,
The first sentence of section 2 of 1950 Reorg. Plan No. 19 is omitted as executed. The word "employees" is coextensive with and substituted for "employees of the Federal Government or of the District of Columbia" in view of the definition of "employee" in section 8101.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
| Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 8149 | 5 App.: 783. | July 4, 1966, |
In the first sentence, the words "
In the second sentence, the word "adjudicating" is substituted for "in the adjudication of". The words "
Statutory Notes and Related Subsidiaries
Personnel Not Affected by 1967 Increase
Increases authorized under amendment by section 1(71) of
§8150. Effect on other statutes
(a) This subchapter does not affect the maritime rights and remedies of a master or member of the crew of a vessel.
(b)
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| (a) | Oct. 14, 1949, ch. 691, §305(b), |
|
| (b) | Aug. 3, 1956, ch. 926, §1 "Sec. 4", |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Editorial Notes
Amendments
2018—Subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by
§8151. Civil service retention rights
(a) In the event the individual resumes employment with the Federal Government, the entire time during which the employee was receiving compensation under this chapter shall be credited to the employee for the purposes of within-grade step increases, retention purposes, and other rights and benefits based upon length of service.
(b) Under regulations issued by the Office of Personnel Management—
(1) the department or agency which was the last employer shall immediately and unconditionally accord the employee, if the injury or disability has been overcome within one year after the date of commencement of compensation or from the time compensable disability recurs if the recurrence begins after the injured employee resumes regular full-time employment with the United States, the right to resume his former or an equivalent position, as well as all other attendant rights which the employee would have had, or acquired, in his former position had he not been injured or disabled, including the rights to tenure, promotion, and safeguards in reductions-in-force procedures, and
(2) the department or agency which was the last employer shall, if the injury or disability is overcome within a period of more than one year after the date of commencement of compensation, make all reasonable efforts to place, and accord priority to placing, the employee in his former or equivalent position within such department or agency, or within any other department or agency.
(Added
Editorial Notes
Amendments
1978—Subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 1978 Amendment
Amendment by
Effective Date
Section applicable to cases where injury or death occurred prior to Sept. 7, 1974, but only to a period beginning on or after Sept. 7, 1974, see section 28(a) of
§8152. Annual report
The Secretary of Labor shall, at the end of each fiscal year, prepare a report with respect to the administration of this chapter. Such report shall be submitted to Congress in accordance with the requirement with respect to submission under section 42 of the Longshore 1 Harbor Workers' Compensation Act (
(Added
Statutory Notes and Related Subsidiaries
Report on Affected Employees
"(A) shall include in the report the total number of, and demographics regarding, employees in fire protection activities with illnesses and diseases described in the list (as the list may be updated under this subsection [enacting
"(B) may—
"(i) include in the report any information with respect to employees in fire protection activities that the Secretary determines to be necessary; and
"(ii) as appropriate, make recommendations in the report for additional actions that could be taken to minimize the risk of adverse health impacts for employees in fire protection activities."
["Employee in fire protection activities" and "the list" as used in section 5305(a)(5) of
1 So in original. Probably should be "Longshore and".
SUBCHAPTER II—EMPLOYEES OF NONAPPROPRIATED FUND INSTRUMENTALITIES
§8171. Compensation for work injuries; generally
(a) The Longshore and Harbor Workers' Compensation Act (
(1) a United States citizen or a permanent resident of the United States or a territory or possession of the United States employed outside the continental United States; or
(2) employed inside the continental United States.
However, that part of section 3(a) of such Act (
(b) For the purpose of this subchapter, the term "employer" in section 2(4) of the Longshore and Harbor Workers' Compensation Act (
(c) The Secretary of Labor may—
(1) extend compensation districts established under section 39(b) of the Longshore and Harbor Workers' Compensation Act (
(2) assign to each district one or more deputy commissioners as the Secretary considers advisable.
(d) Judicial proceedings under sections 18 and 21 of the Longshore and Harbor Workers' Compensation Act (
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| 5 U.S.C. 150k–1(a). | June 19, 1952, ch. 444, §2, July 18, 1958, |
In subsection (a), the word "civilian" is omitted as unnecessary as the definition of "employee" in section 2105 includes only civilians.
In subsection (d), the reference to "the United States District Court for the District of Columbia" is omitted as included in the words "district court".
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Editorial Notes
References in Text
The Longshore and Harbor Workers' Compensation Act, referred to in subsec. (a), is act Mar. 4, 1927, ch. 509,
Amendments
1996—Subsec. (a).
Subsec. (c)(1).
Subsec. (d).
1994—Subsec. (a).
Subsec. (b).
Subsec. (c)(1).
Subsec. (d).
§8172. Employees not citizens or residents of the United States
In case of disability or death resulting from injury, as defined by section 2(2) of the Longshore and Harbor Workers' Compensation Act (
(1) not a citizen or permanent resident of the United States or a territory or possession of the United States; and
(2) employed outside the continental United States;
compensation shall be provided in accordance with regulations prescribed by the Secretary of the military department concerned and approved by the Secretary of Defense or regulations prescribed by the Secretary of Transportation, as the case may be.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| 5 U.S.C. 150k–1(b). | July 18, 1958, |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Editorial Notes
Amendments
1996—
1994—
§8173. Liability under this subchapter exclusive
The liability of the United States or of a nonappropriated fund instrumentality described by
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| 5 U.S.C. 150k–1(c). | July 18, 1958, |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Editorial Notes
Amendments
1996—
1994—
SUBCHAPTER III—LAW ENFORCEMENT OFFICERS NOT EMPLOYED BY THE UNITED STATES
§8191. Determination of eligibility
The benefits of this subchapter are available as provided in this subchapter to eligible law enforcement officers (referred to in this subchapter as "eligible officers") and their survivors. For the purposes of this subchapter, an eligible officer is any person who is determined by the Secretary of Labor in his discretion to have been on any given occasion—
(1) a law enforcement officer and to have been engaged on that occasion in the apprehension or attempted apprehension of any person—
(A) for the commission of a crime against the United States, or
(B) who at that time was sought by a law enforcement authority of the United States for the commission of a crime against the United States, or
(C) who at that time was sought as a material witness in a criminal proceeding instituted by the United States; or
(2) a law enforcement officer and to have been engaged on that occasion in protecting or guarding a person held for the commission of a crime against the United States or as a material witness in connection with such a crime; or
(3) a law enforcement officer and to have been engaged on that occasion in the lawful prevention of, or lawful attempt to prevent, the commission of a crime against the United States;
and to have been on that occasion not an employee as defined in section 8101(1), and to have sustained on that occasion a personal injury for which the United States would be required under subchapter I of this chapter to pay compensation if he had been on that occasion such an employee engaged in the performance of his duty. No person otherwise eligible to receive a benefit under this subchapter because of the disability or death of an eligible officer shall be barred from the receipt of such benefit because the person apprehended or attempted to be apprehended by such officer was then sought for the commission of a crime against a sovereignty other than the United States.
(Added
Editorial Notes
Amendments
1968—
Statutory Notes and Related Subsidiaries
Effective Date of 1968 Amendment
Amendment by
Effective Date
Section 2 of
§8192. Benefits
(a)
(b)
(Added
Statutory Notes and Related Subsidiaries
Effective Date
Section effective only with respect to personal injuries sustained on or after Apr. 19, 1968, see section 2 of
§8193. Administration
(a)
(1) The term "Attorney General" includes any person to whom the Attorney General has delegated any function pursuant to subsection (b) of this section.
(2) The term "Secretary of Labor" includes any person to whom the Secretary of Labor has delegated any function pursuant to subsection (b) of this section.
(b)
(1) The Attorney General may delegate to any division, officer, or employee of the Department of Justice any function conferred upon the Attorney General by this subchapter.
(2) The Secretary of Labor may delegate to any bureau, officer, or employee of the Department of Labor any function conferred upon the Secretary of Labor by this subchapter.
(c)
(1) to the Secretary of Labor
(2) by
(A) any eligible officer or survivor of an eligible officer,
(B) any guardian, personal representative, or other person legally authorized to act on behalf of an eligible officer, his estate, or any of his survivors, or
(C) any association of law enforcement officers which is acting on behalf of an eligible officer or any of his survivors;
(3) within five years after the injury or death; and
(4) in such form as the Secretary of Labor may require.
(d)
(e)
(f)
(Added
Editorial Notes
Amendments
1975—Subsec. (f).
Statutory Notes and Related Subsidiaries
Effective Date
Section effective only with respect to personal injuries sustained on or after Apr. 19, 1968, see section 2 of
CHAPTER 83 —RETIREMENT
SUBCHAPTER I—GENERAL PROVISIONS
SUBCHAPTER II—FORFEITURE OF ANNUITIES AND RETIRED PAY
SUBCHAPTER III—CIVIL SERVICE RETIREMENT
Editorial Notes
Amendments
2020—
2012—
1986—
SUBCHAPTER I—GENERAL PROVISIONS
§8301. Uniform retirement date
(a) Except as otherwise specifically provided by this title or other statute, retirement authorized by statute is effective on the first day of the month following the month in which retirement would otherwise be effective.
(b) Notwithstanding subsection (a) of this section, the rate of active or retired pay or allowance is computed as of the date retirement would have occurred but for subsection (a) of this section.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Apr. 23, 1930, ch. 209, §1, |
In subsection (a), the words "Except as otherwise specifically provided by this title or other statute" are added because of the statutes carried into subchapter III of
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
SUBCHAPTER II—FORFEITURE OF ANNUITIES AND RETIRED PAY
§8311. Definitions
For the purpose of this subchapter—
(1) "employee" means—
(A) an employee as defined by
(B) a Member of Congress as defined by
(C) a member or former member of a uniformed service; and
(D) an individual employed by the government of the District of Columbia;
(2) "annuity" means a retirement benefit, including a disability insurance benefit and a dependent's or survivor's benefit under subchapter II of
(A) a benefit provided under statutes administered by the Department of Veterans Affairs;
(B) pay or compensation which may not be diminished under section 1 of Article III of the Constitution of the United States;
(C) that portion of a benefit payable under subchapter II of
(D) monthly annuity awarded under
(E) that portion of an annuity awarded under
(F) a retirement benefit, including a disability insurance benefit and a dependent's or survivor's benefit under subchapter II of
(i) was convicted of an offense named by subsection (b) of
(ii) violated
(G) a retirement benefit, including a disability insurance benefit and a dependent's or survivor's benefit under subchapter II of
(i) was convicted of an offense named by subsection (c) of
(ii) violated
(3) "retired pay" means retired pay, retirement pay, retainer pay, or equivalent pay, payable under a statute to a member or former member of a uniformed service, and an annuity payable to an eligible beneficiary of the member or former member under
(A) a benefit provided under statutes administered by the Department of Veterans Affairs;
(B) retired pay, retirement pay, retainer pay, or equivalent pay, awarded before September 1, 1954, to an individual, insofar as the individual, before September 1, 1954—
(i) was convicted of an offense named by subsection (b) of
(ii) violated
(C) retired pay, retirement pay, retainer pay, or equivalent pay, awarded before September 26, 1961, to an individual, insofar as the individual, before September 26, 1961—
(i) was convicted of an offense named by subsection (c) of
(ii) violated
(D) an annuity payable to an eligible beneficiary of an individual under
(i) was convicted of an offense named by
(ii) violated
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Sept. 26, 1961, |
The words "and
In paragraph (1)(A), the words "an employee as defined by
In paragraph (1)(B), the reference to "Resident Commissioner" is omitted as included in "Member of Congress" in view of the definition of "Member of Congress" in section 2106.
In paragraph (1)(C), the words "uniformed service" are coextensive with and substituted for "armed forces, the Coast and Geodetic Survey, or the Public Health Service" in view of the definition of "uniformed services" in section 2101.
In paragraph (3), the words "uniformed service" are coextensive with and substituted for "armed forces, the Coast and Geodetic Survey, and the Public Health Service" in view of the definition of "uniformed services" in section 2101.
The definition of "armed forces" in former section 2281(4) is omitted as unnecessary in view of the definition of "armed forces" in section 2101.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Editorial Notes
References in Text
Subchapter II of
Section 5 of the Uniformed Services Contingency Option Act of 1953 (
Amendments
1991—Pars. (2)(A), (3)(A).
§8312. Conviction of certain offenses
(a) An individual, or his survivor or beneficiary, may not be paid annuity or retired pay on the basis of the service of the individual which is creditable toward the annuity or retired pay, subject to the exceptions in section 8311(2) and (3) of this title, if the individual—
(1) was convicted, before, on, or after September 1, 1954, of an offense named by subsection (b) of this section, to the extent provided by that subsection; or
(2) was convicted, before, on, or after September 26, 1961, of an offense named by subsection (c) of this section, to the extent provided by that subsection.
The prohibition on payment of annuity or retired pay applies—
(A) with respect to the offenses named by subsection (b) of this section, to the period after the date of the conviction or after September 1, 1954, whichever is later; and
(B) with respect to the offenses named by subsection (c) of this section, to the period after the date of conviction or after September 26, 1961, whichever is later.
(b) The following are the offenses to which subsection (a) of this section applies if the individual was convicted before, on, or after September 1, 1954:
(1) An offense within the purview of—
(A) section 792 (harboring or concealing persons), 793 (gathering, transmitting, or losing defense information), 794 (gathering or delivering defense information to aid foreign government), or 798 (disclosure of classified information), of
(B)
(C) section 2381 (treason), 2382 (misprision of treason), 2383 (rebellion or insurrection), 2384 (seditious conspiracy), 2385 (advocating overthrow of government), 2387 (activities affecting armed forces generally), 2388 (activities affecting armed forces during war), 2389 (recruiting for service against United States), or 2390 (enlistment to serve against United States), of
(D) section 10(b)(2), (3), or (4) of the Atomic Energy Act of 1946 (
(E) section 16(a) or (b) of the Atomic Energy Act of 1946 (
(F) an earlier statute on which a statute named by subparagraph (A), (B), or (C) of this paragraph (1) is based.
(2) An offense within the purview of—
(A) article 104 (aiding the enemy), article 103a (espionage), or article 106 (spies) of the Uniform Code of Military Justice (
(B) a current article of the Uniform Code of Military Justice (or an earlier article on which the current article is based) not named by subparagraph (A) of this paragraph (2) on the basis of charges and specifications describing a violation of a statute named by paragraph (1), (3), or (4) of this subsection, if the executed sentence includes death, dishonorable discharge, or dismissal from the service, or if the defendant dies before execution of that sentence as finally approved.
(3) Perjury committed under the statutes of the United States or the District of Columbia—
(A) in falsely denying the commission of an act which constitutes an offense within the purview of—
(i) a statute named by paragraph (1) of this subsection; or
(ii) an article or statute named by paragraph (2) of this subsection insofar as the offense is within the purview of an article or statute named by paragraph (1) or (2) (A) of this subsection;
(B) in falsely testifying before a Federal grand jury, court of the United States, or court-martial with respect to his service as an employee in connection with a matter involving or relating to an interference with or endangerment of, or involving or relating to a plan or attempt to interfere with or endanger, the national security or defense of the United States; or
(C) in falsely testifying before a congressional committee in connection with a matter under inquiry before the congressional committee involving or relating to an interference with or endangerment of, or involving or relating to a plan or attempt to interfere with or endanger, the national security or defense of the United States.
(4) Subornation of perjury committed in connection with the false denial or false testimony of another individual as specified by paragraph (3) of this subsection.
(c) The following are the offenses to which subsection (a) of this section applies if the individual was convicted before, on, or after September 26, 1961:
(1) An offense within the purview of—
(A) section 2272 (violation of specific sections) or 2273 (violation of sections generally of
(B) section 2274 (communication of restricted data), 2275 (receipt of restricted data), or 2276 (tampering with restricted data) of title 42; or
(C) section 783 (conspiracy and communication or receipt of classified information) of title 50 or section 601 of the National Security Act of 1947 (
(2) An offense within the purview of a current article of the Uniform Code of Military Justice (
(3) Perjury committed under the statutes of the United States or the District of Columbia in falsely denying the commission of an act which constitutes an offense within the purview of a statute named by paragraph (1) of this subsection.
(4) Subornation of perjury committed in connection with the false denial of another individual as specified by paragraph (3) of this subsection.
(d)(1) For purposes of subsections (b)(1) and (c)(1), an offense within the meaning of such subsections is established if the Attorney General of the United States certifies to the agency administering the annuity or retired pay concerned—
(A) that an individual subject to this chapter has been convicted by an impartial court of appropriate jurisdiction within a foreign country in circumstances in which the conduct violates the provisions of law enumerated in subsections (b)(1) and (c)(1), or would violate such provisions had such conduct taken place within the United States, and that such conviction is not being appealed or that final action has been taken on such appeal;
(B) that such conviction was obtained in accordance with procedures that provided the defendant due process rights comparable to such rights provided by the United States Constitution, and such conviction was based upon evidence which would have been admissible in the courts of the United States; and
(C) that such conviction occurred after the date of enactment of this subsection.
(2) Any certification made pursuant to this subsection shall be subject to review by the United States Court of Claims based upon the application of the individual concerned, or his or her attorney, alleging that any of the conditions set forth in subparagraphs 2 (A), (B), or (C) of paragraph (1), as certified by the Attorney General, have not been satisfied in his or her particular circumstances. Should the court determine that any of these conditions has not been satisfied in such case, the court shall order any annuity or retirement benefit to which the person concerned is entitled to be restored and shall order that any payments which may have been previously denied or withheld to be paid by the department or agency concerned.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Sept. 26, 1961, |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Editorial Notes
References in Text
Pars. (2), (3) and (4) of subsec. (b) of section 10 of the Atomic Energy Act of 1946 (
Subsecs. (a) and (b) of section 16 of the Atomic Energy Act of 1946 (
Articles 104, 106, and 106a of the Uniform Code of Military Justice, referred to in subsec. (b)(2)(A), are sections 904, 906, and 906a, respectively, of Title 10, Armed Forces. The Uniform Code of Military Justice, in its entirety, is set out in
The National Security Act of 1947, referred to in subsec. (c)(1)(C), is act July 26, 1947, ch. 343,
The date of enactment of this subsection, referred to in subsec. (d)(1)(C), is the date of enactment of
Amendments
2017—Subsec. (b)(2)(A).
1994—Subsec. (b)(2)(A).
Subsec. (d).
1986—Subsec. (c)(1)(C).
1971—Subsec. (c)(1)(C).
Statutory Notes and Related Subsidiaries
Effective Date of 2017 Amendment
Amendment by
Effective Date of 1994 Amendment
Section 639(b) of
1 See References in Text note below.
2 So in original. Probably should be "subparagraph".
§8313. Absence from the United States to avoid prosecution
(a) An individual, or his survivor or beneficiary, may not be paid annuity or retired pay on the basis of the service of the individual which is creditable toward the annuity or retired pay, subject to the exceptions in section 8311(2) and (3) of this title, if the individual—
(1) is under indictment, or has outstanding against him charges preferred under the Uniform Code of Military Justice—
(A) after July 31, 1956, for an offense named by
(B) after September 26, 1961, for an offense named by
(2) willfully remains outside the United States, or its territories and possessions including the Commonwealth of Puerto Rico, for more than 1 year with knowledge of the indictment or charges, as the case may be.
(b) The prohibition on payment of annuity or retired pay under subsection (a) of this section applies to the period after the end of the 1-year period and continues until—
(1) a nolle prosequi to the entire indictment is entered on the record or the charges are dismissed by competent authority;
(2) the individual returns and thereafter the indictment or charges is or are dismissed; or
(3) after trial by court or court-martial, the accused is found not guilty of the offense or offenses.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Sept. 26, 1961, |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Editorial Notes
References in Text
The Uniform Code of Military Justice, referred to in text, is classified to
Statutory Notes and Related Subsidiaries
Suspension of Payment of Retired Pay of Members Who Are Absent From United States To Avoid Prosecution
"(a)
"(b)
"(c)
"(d)
§8314. Refusal to testify
(a) An individual, or his survivor or beneficiary, may not be paid annuity or retired pay on the basis of the service of the individual which is creditable toward the annuity or retired pay, subject to the exceptions in section 8311(2) and (3) of this title, if the individual, before, on, or after September 1, 1954, refused or refuses, or knowingly and willfully failed or fails, to appear, testify, or produce a book, paper, record, or other document, relating to his service as an employee, before a Federal grand jury, court of the United States, court-martial, or congressional committee, in a proceeding concerning—
(1) his past or present relationship with a foreign government; or
(2) a matter involving or relating to an interference with or endangerment of, or involving or relating to a plan or attempt to interfere with or endanger, the national security or defense of the United States.
(b) The prohibition on payment of annuity or retired pay under subsection (a) of this section applies to the period after the date of the failure or refusal of the individual, or after September 1, 1954, whichever is later.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Sept. 26, 1961, |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
§8315. Falsifying employment applications
(a) An individual, or his survivor or beneficiary, may not be paid annuity or retired pay on the basis of the service of the individual which is creditable toward the annuity or retired pay, subject to the exceptions in section 8311(2) and (3) of this title, if the individual knowingly and willfully made or makes a false, fictitious, or fraudulent statement or representation, or knowingly and willfully concealed or conceals a material fact—
(1) before, on, or after September 1, 1954, concerning his—
(A) past or present membership in, affiliation or association with, or support of the Communist Party, or a chapter, branch, or subdivision thereof, in or outside the United States, or other organization, party, or group advocating—
(i) the overthrow, by force, violence, or other unconstitutional means, of the Government of the United States;
(ii) the establishment, by force, violence, or other unconstitutional means, of a Communist totalitarian dictatorship in the United States; or
(iii) the right to strike against the United States;
(B) conviction of an offense named by subsection (b) of
(C) failure or refusal to appear, testify, or produce a book, paper, record, or other document, as specified by
(2) before, on, or after September 26, 1961, concerning his conviction of an offense named by subsection (c) of
in a document executed by the individual in connection with his employment in, or application for, a civilian or military office or position in or under the legislative, executive, or judicial branch of the Government of the United States or the government of the District of Columbia.
(b) The prohibition on the payment of annuity or retired pay applies—
(1) with respect to matters specified by subsection (a)(1) of this section, to the period after the statement, representation, or concealment of fact is made or occurs, or after September 1, 1954, whichever is later; and
(2) with respect to matters specified by subsection (a)(2) of this section, to the period after the statement, representation, or concealment of fact is made or occurs, or after September 26, 1961, whichever is later.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Sept. 26, 1961, |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
§8316. Refund of contributions and deposits
(a) When payment of annuity or retired pay is denied under this subchapter because an individual was convicted of an offense named by
(1) the amount, except employment taxes, contributed by the individual toward the annuity, less the amount previously refunded or paid as annuity benefits; and
(2) deposits made under
shall be refunded, on appropriate application therefor—
(A) to the individual;
(B) if the individual is dead, to the beneficiary designated to receive refunds by or under the statute, regulation, or agreement under which the annuity, the benefits of which are denied under this subchapter, would have been payable; or
(C) if a beneficiary is not designated, in the order of precedence prescribed by
(b) A refund under subsection (a) of this section shall be made with interest at the rate and for the period provided under the statute, regulation, or agreement under which the annuity would have been payable. However, interest may not be computed—
(1) if the individual was convicted of an offense named by
(2) if the individual was convicted of an offense named by
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Sept. 26, 1961, |
||
| Sept. 26, 1961, |
This section is reorganized for clarity and conciseness.
The words "and
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Editorial Notes
References in Text
Section 5 of the Uniform Services Contingency Option Act of 1953 (
§8317. Repayment of annuity or retired pay properly paid; waiver
(a) An individual, or his survivor or beneficiary, to whom payment of annuity is denied under this subchapter is not thereafter required to repay that part of the annuity otherwise properly paid to the individual, or to his survivor or beneficiary on the basis of the service of the individual, which is in excess of the aggregate amount of the contributions of the individual toward the annuity, with applicable interest.
(b) An individual, including an eligible beneficiary under
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| (a) | Sept. 26, 1961, |
|
| (b) | Sept. 26, 1961, |
The words "and
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Editorial Notes
References in Text
Section 5 of the Uniformed Services Contingency Option Act of 1953 (
§8318. Restoration of annuity or retired pay
(a) If an individual who was convicted, before, on, or after September 1, 1954, of—
(1) an offense named by
(2) an offense constituting a violation of
is pardoned by the President, the right of the individual and his survivor or beneficiary to receive annuity or retired pay previously denied under this subchapter is restored as of the date of the pardon.
(b) The President may restore, effective as of the date he prescribes, the right to receive annuity or retired pay which is denied, before, on, or after September 1, 1954, under
(c) Payment of annuity or retired pay which results from pardon or restoration by the President under subsection (a) or (b) of this section may not be made for a period before—
(1) the date of pardon referred to by subsection (a) of this section; or
(2) the effective date of restoration referred to by subsection (b) of this section.
(d) Credit for a period of service covered by a refund under
(e) The spouse of an individual whose annuity or retired pay is forfeited under section 8312 or 8313 after the date of enactment of this subsection shall be eligible for spousal pension benefits if the Attorney General of the United States determines that the spouse fully cooperated with Federal authorities in the conduct of a criminal investigation and subsequent prosecution of the individual which resulted in such forfeiture.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Sept. 26, 1961, |
The section is reorganized for clarity and conciseness.
The words "and
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Editorial Notes
References in Text
The date of enactment of this subsection, referred to in subsec. (e), is the date of enactment of
Amendments
1996—Subsec. (e).
§8319. Removal of members of the uniformed services from rolls; restoration; reappointment
(a) The President may drop from the rolls a member of a uniformed service who is deprived of retired pay under this subchapter.
(b) The President may restore—
(1) military status to an individual dropped from the rolls to whom retired pay is restored under this subchapter or under section 2 of the Act of September 26, 1961 (
(2) all rights and privileges to the individual and his beneficiaries of which he or they were deprived because his name was dropped from the rolls.
(c) If the individual restored was a commissioned officer, the President alone may reappoint him to the grade and position on the retired list held when his name was dropped from the rolls.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Sept. 26, 1961, |
The words "and
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Editorial Notes
References in Text
Section 2 of the Act of September 26, 1961 (
§8320. Offense or violation committed in compliance with orders
When it is established by satisfactory evidence that an individual—
(1) was convicted of an offense named by
(2) violated
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Sept. 26, 1961, |
The reference to conviction of an offense which constitutes a violation of former section 2283 (which is carried into this title as sections 8314 and 8315) is omitted as being covered by the words "violated
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
§8321. Liability of accountable employees
An accountable employee may not be held responsible for a payment made in violation of this subchapter when the payment made is in due course and without fraud, collusion, or gross negligence.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Sept. 26, 1961, |
The words "and
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
§8322. Effect on other statutes
This subchapter does not restrict authority under a statute, other than this subchapter, to deny or withhold benefits authorized by statute.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Sept. 26, 1961, |
The words "and
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Statutory Notes and Related Subsidiaries
Retroactive Restoration of Annuity and Retired Pay; Redeposits of Contributions and Offsets
Section 2 of
"(a) Subject to subsection (b) of this section, any person, including his survivor or beneficiary, to whom annuity or retired pay is not payable under the Act of September 1, 1954 [this subchapter], as in effect at any time prior to the date of enactment of this Act [Sept. 26, 1961], by reason of any conviction of an offense, any commission of a violation, any refusal to answer, or any absence under indictment, or under charges, for any offense, shall be restored the right to receive such annuity or retired pay for any and all periods for which he would have had the right to receive such annuity or retired pay if the Act of September 1, 1954 [this subchapter], had not been enacted, unless, under the amendment made by the first section of this Act [amending former
"(b) No annuity accrued or accruing, prior to, on, or after the date of enactment of this Act [Sept. 26, 1961], on account of the restoration, by reason of the amendment made by the first section of this Act [amending former
SUBCHAPTER III—CIVIL SERVICE RETIREMENT
§8331. Definitions
For the purpose of this subchapter—
(1) "employee" means—
(A) an employee as defined by
(B) the Architect of the Capitol, an employee of the Architect of the Capitol, and an employee of the Botanic Garden;
(C) a Congressional employee as defined by
(D) a temporary Congressional employee appointed at an annual rate of pay, after he gives notice in writing to the official by whom he is paid of his desire to become subject to this subchapter;
(E) a United States Commissioner whose total pay for services performed as Commissioner is not less than $3,000 in each of the last 3 consecutive calendar years ending after December 31, 1954;
(F) an individual employed by a county committee established under
(G) an individual first employed by the government of the District of Columbia before October 1, 1987;
(H) an individual employed by Gallaudet College;
(I) an individual appointed to a position on the office staff of a former President under section 1(b) of the Act of August 25, 1958 (
(J) an alien (i) who was previously employed by the Government, (ii) who is employed full time by a foreign government for the purpose of protecting or furthering the interests of the United States during an interruption of diplomatic or consular relations, and (iii) for whose services reimbursement is made to the foreign government by the United States;
(K) an individual appointed to a position on the office staff of a former President, or a former Vice President under section 5 of the Presidential Transition Act of 1963, as amended (
(L) an employee described in section 2105(c) who has made an election under section 8347(q)(1) to remain covered under this subchapter;
but does not include—
(i) a justice or judge of the United States as defined by
(ii) an employee subject to another retirement system for Government employees (besides any employee excluded by clause (x), but including any employee who has made an election under section 8347(q)(2) to remain covered by a retirement system established for employees described in section 2105(c));
(iii) an employee or group of employees in or under an Executive agency excluded by the Office of Personnel Management under
(iv) an individual or group of individuals employed by the government of the District of Columbia excluded by the Office under
(v) an employee of the Administrative Office of the United States Courts, the Federal Judicial Center, or a court named by
(vi) a construction employee or other temporary, part-time, or intermittent employee of the Tennessee Valley Authority;
(vii) an employee under the Office of the Architect of the Capitol excluded by the Architect of the Capitol under
(viii) an employee under the Library of Congress excluded by the Librarian of Congress under
(ix) a student-employee as defined by
(x) an employee subject to the Federal Employees' Retirement System;
(xi) an employee under the Botanic Garden excluded by the Director or Acting Director of the Botanic Garden under
(xii) a member of the Foreign Service (as described in section 103(6) of the Foreign Service Act of 1980), appointed after December 31, 1987.
Notwithstanding this paragraph, the employment of a teacher in the recess period between two school years in a position other than a teaching position in which he served immediately before the recess period does not qualify the individual as an employee for the purpose of this subchapter. For the purpose of the preceding sentence, "teacher" and "teaching position" have the meanings given them by
(2) "Member" means a Member of Congress as defined by
(3) "basic pay" includes—
(A) the amount a Member received from April 1, 1954, to February 28, 1955, as expense allowance under section 601(b) of the Legislative Reorganization Act of 1946 (
(B) additional pay provided by—
(i) subsection (a) of
(ii)
(C) premium pay under
(D) with respect to a law enforcement officer, premium pay under
(E) availability pay—
(i) received by a criminal investigator under
(ii) received after September 11, 2001, by a Federal air marshal or criminal investigator (as defined in section 5545a(a)(2)) of the Transportation Security Administration, subject to all restrictions and earning limitations imposed on criminal investigators receiving such pay under section 5545a, including the premium pay limitations under section 5547;
(F) pay as provided in section 5545b(b)(2) and (c)(2);
(G) with respect to a customs officer (referred to in subsection (e)(1) of section 5 of the Act of February 13, 1911), compensation for overtime inspectional services provided for under subsection (a) of such section 5, but not to exceed 50 percent of any statutory maximum in overtime pay for customs officers which is in effect for the year involved;
(H) any amount received under section 5948 (relating to physicians comparability allowances); and
(I) with respect to a border patrol agent, the amount of supplemental pay received through application of the level 1 border patrol rate of pay or the level 2 border patrol rate of pay for scheduled overtime within the regular tour of duty of the border patrol agent as provided in section 5550;
but does not include bonuses, allowances, overtime pay, military pay, pay given in addition to the base pay of the position as fixed by law or regulation except as provided by subparagraphs (B) through (I) of this paragraph 1 retroactive pay under
(4) "average pay" means the largest annual rate resulting from averaging an employee's or Member's rates of basic pay in effect over any 3 consecutive years of creditable service or, in the case of an annuity under subsection (d) or (e)(1) of
(5) "Fund" means the Civil Service Retirement and Disability Fund;
[(6) Repealed.
(7) "Government" means the Government of the United States, the government of the District of Columbia, Gallaudet University, and, in the case of an employee described in paragraph (1)(L), a nonappropriated fund instrumentality of the Department of Defense or the Coast Guard described in section 2105(c);
(8) "lump-sum credit" means the unrefunded amount consisting of—
(A) retirement deductions made from the basic pay of an employee or Member;
(B) amounts deposited by an employee or Member covering earlier service, including any amounts deposited under
(C) interest on the deductions and deposits at 4 percent a year to December 31, 1947, and 3 percent a year thereafter compounded annually to December 31, 1956, or, in the case of an employee or Member separated or transferred to a position in which he does not continue subject to this subchapter before he has completed 5 years of civilian service, to the date of the separation or transfer;
but does not include interest—
(i) if the service covered thereby aggregates 1 year or less; or
(ii) for the fractional part of a month in the total service;
(9) "annuitant" means a former employee or Member who, on the basis of his service, meets all requirements of this subchapter for title to annuity and files claim therefor;
(10) "survivor" means an individual entitled to annuity under this subchapter based on the service of a deceased employee, Member, or annuitant;
(11) "survivor annuitant" means a survivor who files claim for annuity;
(12) "service" means employment creditable under
(13) "military service" means honorable active service—
(A) in the armed forces;
(B) in the Regular or Reserve Corps 2 of the Public Health Service after June 30, 1960; or
(C) as a commissioned officer of the Environmental Science Services Administration after June 30, 1961;
and includes service as a cadet at the United States Military Academy, the United States Air Force Academy, or the United States Coast Guard Academy, or as a midshipman at the United States Naval Academy, but does not include service in the National Guard except when ordered to active duty in the service of the United States or full-time National Guard duty (as such term is defined in
(14) "Member service" means service as a Member and includes the period from the date of the beginning of the term for which elected or appointed to the date on which he takes office as a Member;
(15) "price index" means the Consumer Price Index (all items—United States city average) published monthly by the Bureau of Labor Statistics;
(16) "base month" means the month for which the price index showed a percent rise forming the basis for a cost-of-living annuity increase;
(17) "normal-cost percentage" means the entry-age normal cost computed by the Office of Personnel Management in accordance with generally accepted actuarial practice and standards (using dynamic assumptions) and expressed as a level percentage of aggregate basic pay;
(18) "Fund balance" means the current net assets of the Fund available for payment of benefits, as determined by the Office in accordance with appropriate accounting standards, but does not include any amount attributable to—
(A) the Federal Employees' Retirement System; or
(B) contributions made under the Federal Employees' Retirement Contribution Temporary Adjustment Act of 1983 by or on behalf of any individual who became subject to the Federal Employees' Retirement System;
(19) "unfunded liability" means the estimated excess of the present value of all benefits payable from the Fund to employees and Members, and former employees and Members, subject to this subchapter, and to their survivors, over the sum of—
(A) the present value of deductions to be withheld from the future basic pay of employees and Members currently subject to this subchapter and of future agency contributions to be made in their behalf; plus
(B) the present value of Government payments to the Fund under
(C) the Fund balance as of the date the unfunded liability is determined;
(20) "law enforcement officer" means an employee, the duties of whose position are primarily the investigation, apprehension, or detention of individuals suspected or convicted of offenses against the criminal laws of the United States, including an employee engaged in this activity who is transferred to a supervisory or administrative position. For the purpose of this paragraph, "detention" includes the duties of—
(A) employees of the Bureau of Prisons and Federal Prison Industries, Incorporated;
(B) employees of the Public Health Service assigned to the field service of the Bureau of Prisons or of the Federal Prison Industries, Incorporated;
(C) employees in the field service at Army or Navy disciplinary barracks or at confinement and rehabilitation facilities operated by any of the armed forces; and
(D) employees of the Department of Corrections of the District of Columbia, its industries and utilities;
whose duties in connection with individuals in detention suspected or convicted of offenses against the criminal laws of the United States or of the District of Columbia or offenses against the punitive articles of the Uniformed Code of Military Justice (
(21) "firefighter" means an employee, the duties of whose position are primarily to perform work directly connected with the control and extinguishment of fires or the maintenance and use of firefighting apparatus and equipment, including an employee engaged in this activity who is transferred to a supervisory or administrative position;
(22) "bankruptcy judge" means an individual—
(A) who is appointed under section 34 of the Bankruptcy Act (
(i) who is serving as a United States bankruptcy judge on March 31, 1984; or
(ii) whose service as a United States bankruptcy judge at any time in the period beginning on October 1, 1979, and ending on July 10, 1984, is terminated by reason of death or disability; or
(B) who is appointed as a bankruptcy judge under
(23) "former spouse" means a former spouse of an individual—
(A) if such individual performed at least 18 months of civilian service covered under this subchapter as an employee or Member, and
(B) if the former spouse was married to such individual for at least 9 months;
(24) "Indian court" means an Indian court as defined by section 201(3) of the Act entitled "An Act to prescribe penalties for certain acts of violence or intimidation, and for other purposes", approved April 11, 1968 (
(25) "magistrate judge" or "United States magistrate judge" means an individual appointed under
(26) "Court of Federal Claims judge" means a judge of the United States Court of Federal Claims who is appointed under
(27) "Nuclear materials courier"—
(A) means an employee of the Department of Energy, the duties of whose position are primarily to transport, and provide armed escort and protection during transit of, nuclear weapons, nuclear weapon components, strategic quantities of special nuclear materials or other materials related to national security; and
(B) includes an employee who is transferred directly to a supervisory or administrative position within the same Department of Energy organization, after performing duties referred to in subparagraph (A) for at least 3 years;
(28) "Government physician" has the meaning given that term under section 5948;
(29) "dynamic assumptions" means economic assumptions that are used in determining actuarial costs and liabilities of a retirement system and in anticipating the effects of long-term future—
(A) investment yields;
(B) increases in rates of basic pay; and
(C) rates of price inflation;
(30) the term "air traffic controller" or "controller" means—
(A) a controller within the meaning of section 2109(1); and
(B) a civilian employee of the Department of Transportation or the Department of Defense who is the immediate supervisor of a person described in section 2109(1)(B);
(31) "customs and border protection officer" means an employee in the Department of Homeland Security (A) who holds a position within the GS–1895 job series (determined applying the criteria in effect as of September 1, 2007) or any successor position, and (B) whose duties include activities relating to the arrival and departure of persons, conveyances, and merchandise at ports of entry, including any such employee who is transferred directly to a supervisory or administrative position in the Department of Homeland Security after performing such duties (as described in subparagraph (B)) in 1 or more positions (as described in subparagraph (A)) for at least 3 years;
(32) "Director" means the Director of the Office of Personnel Management; and
(33) "representative payee" means a person (including an organization) designated under section 8345(e)(1) to receive payments on behalf of a minor or an individual mentally incompetent or under other legal disability.
(
In paragraph (1), the specific exception of the President, appearing in former section 2252(b), is omitted as unnecessary because he is not included in the definition of "employee".
In paragraph (1)(B), the definition of "Congressional employee" in former section 2251(c) is omitted as unnecessary in view of the definition of the term in section 2107.
In paragraph (1)(E), the words "Notwithstanding any other provision of law or any Executive order" are omitted as unnecessary.
In paragraph (1)(i), the words "justice or" are added on authority of
Paragraph (1)(iii) and (iv) is based on former section 2252(e), which is carried into section 8347(g) and (h).
Paragraph (1)(vii) and (viii) is based on former section 2252(f), which is carried in part into section 8347(i) and (j).
In paragraph (1), the last sentence is added on authority of former section 2351, which is scheduled for transfer to
In paragraph (3), the words "or lump-sum leave payments under subchapter VI of
In paragraph (4)(B), references to
In paragraph (5), the words "the Civil Service Retirement and Disability Fund" are substituted for "the civil service retirement and disability fund created by the Act of May 22, 1920".
In paragraph (7), the words "Government of the United States" are coextensive with and substituted for "the executive, judicial, and legislative branches of the United States Government, including Government-owned or controlled corporation".
In paragraph (13), the words "armed forces" are coextensive with and substituted for "Army, Navy, Air Force, Marine Corps, or Coast Guard of the United States" in view of the definition of "armed forces" in section 2101.
The definition of "Commission" in former section 2251(m) is omitted as unnecessary as the title "Civil Service Commission" is fully set out the first time it is used in each section.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
| Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 8331(1)(B), (C) | 5 App.: 2252(c). | Sept. 26, 1966, |
| 8331(3)(B) (ii) | 5 App.: 932h(c). | Oct. 29, 1965, |
| 5 App.: 932i(c). | July 18, 1966, |
|
| 8331(13) | [No source]. | [No source]. |
| 8331(15), (16) | 5 App.: 2251(t). | Sept. 27, 1965, |
In paragraphs (1)(C), (D) and (2), the words "become subject to" are substituted for "come within the purview of" for consistency within the subchapter.
In paragraph (3)(B)(ii), references to
In paragraph (8)(C), the words "in which he does not continue subject to" are substituted for "not within the purview of" for consistency within the subchapter and to reflect that it is the individual, rather than the position, that is subject to this subchapter.
The amendment to paragraph (13) reflects Reorganization Plan No. 2 of 1965 (
Editorial Notes
References in Text
Section 1(b) of the act of August 25, 1958 (
Section 5 of the Presidential Transition Act of 1963, referred to in par. (1)(K), is section 5 of
Section 103(6) of the Foreign Service Act of 1980, referred to in par. (1)(xii), is classified to
Section 601(b) of the Legislative Reorganization Act of 1946 (
Section 5 of the Act of February 13, 1911, referred to in par. (3)(G), is classified to
The Federal Employees' Retirement Contribution Temporary Adjustment Act of 1983, referred to in par. (18)(B), is
The Bankruptcy Act, referred to in par. (22)(A), is act July 1, 1898, ch. 541,
Section 404(d) of the Act of November 6, 1978, referred to in par. (22)(A), is section 404(d) of
Section 167 of the Federal Courts Improvement Act of 1982, referred to in par. (26), is section 167 of
Amendments
2020—Par. (33).
2018—Par. (3)(E)(ii).
2016—Par. (1)(K).
2014—Par. (3).
Par. (3)(I).
2012—Par. (32).
2008—Par. (13).
2007—Pars. (29) to (31).
2003—Par. (17).
Par. (18).
"(A) the investments of the Fund calculated at par value; and
"(B) the cash balance of the Fund on the books of the Treasury;
"but does not include any amount attributable to—
"(i) the Federal Employees' Retirement System; or
"(ii) contributions made under the Federal Employees' Retirement Contribution Temporary Adjustment Act of 1983 by or on behalf of any individual who became subject to the Federal Employees' Retirement System;".
Pars. (27), (28).
Par. (29).
2001—Par. (3)(E).
2000—Par. (3).
Par. (3)(H).
Par. (28).
1998—Par. (3).
Par. (27).
1994—Par. (13).
1993—Par. (3).
1992—Par. (1)(L).
Par. (1)(ii).
Par. (7).
Par. (26).
1990—Par. (1)(L).
Par. (1)(ii).
Par. (1)(v).
Par. (7).
Par. (26).
1988—Par. (1)(K).
Par. (1)(xii).
Par. (18).
"(i) the Federal Employees' Retirement System; or
"(ii) contributions made under the Federal Employees' Retirement Contribution Temporary Adjustment Act of 1983 by or on behalf of any individual who became subject to the Federal Employees' Retirement System;".
1987—Par. (22).
"(A) who is serving as a United States bankruptcy judge on March 31, 1984;
"(B) whose service as United States bankruptcy judge at any time in the period beginning on October 1, 1979, and ending on July 10, 1984, is terminated by reason of death or disability; or
"(C) who is appointed as a bankruptcy judge under
Par. (25).
1986—Par. (1)(G).
Par. (1)(ii).
Par. (1)(x).
Par. (1)(xi).
Par. (2).
1984—Par. (22).
Par. (22)(A).
Par. (22)(B).
Par. (22)(C).
Pars. (23), (24).
1982—Par. (8)(B).
1980—Par. (6).
1979—Par. (2).
Par. (19)(C).
1978—Pars. (1), (17), (20).
Par. (22).
1975—Par. (4).
1974—Par. (3).
Pars. (20), (21).
1972—Par. (1)(J).
1969—Par. (4)(A).
Pars. (17) to (19).
1968—Par. (3)(B)(ii).
1966—Par. (3).
Statutory Notes and Related Subsidiaries
Change of Name
Reference to Reserve Corps of the Public Health Service deemed to be a reference to the Ready Reserve Corps, see
Words "magistrate judge" and "United States magistrate judge" substituted for "magistrate" and "United States magistrate", respectively, in par. (25) pursuant to section 321 of
Gallaudet College, referred to in par. (1)(H), redesignated Gallaudet University by section 101(a) of
Commissioned Officer Corps of Environmental Science Services Administration, referred to in par. (13)(C), changed to Commissioned Officer Corps of National Oceanic and Atmospheric Administration, see 1970 Reorg. Plan No. 4, §4(d), eff. Oct. 3, 1970, 35 F.R. 15627,
Effective Date of 2020 Amendment
"(1) shall take effect on the date of the enactment of this Act [Mar. 18, 2020]; and
"(2) apply on and after the effective date of the regulations promulgated under section 3(b)(1) [set out as a note under this section]."
Effective Date of 2018 Amendment; Applicability
"(1)
"(2)
"(A)
"(B)
Effective Date of 2014 Amendment
Amendment by
Effective Date of 2012 Amendment
Effective Date of 2008 Amendment
"(1) any annuity, eligibility for which is based upon a separation occurring before, on, or after the date of enactment of this Act [Jan. 28, 2008]; and
"(2) any period of service as a cadet at the United States Military Academy, the United States Air Force Academy, or the United States Coast Guard Academy, or as a midshipman at the United States Naval Academy, occurring before, on, or after the date of enactment of this Act."
Effective Date of 2007 Amendment; Transition Rules
Amendment by
Effective Date of 2003 Amendment
Amendment by
Effective Date of 1998 Amendments
Amendment by
"(m)
"(1) September 30, 1998; or
"(2) the date of the enactment of this Act [Oct. 17, 1998].
"(n)
"(A) October 1, 1998; or
"(B) the date of the enactment of this Act.
"(2)(A) The amendments made by subsection (a) [amending
"(B) The amendments made by subsections (d) and (k) [amending
Effective Date of 1994 Amendment
Amendment by
Effective Date of 1993 Amendment
Effective Date of 1992 Amendments
Amendment by
Amendment by section 2(57)(A) of
Effective Date of 1990 Amendments
Amendment by
Effective Date of 1987 Amendment
Effective Date of 1986 Amendment
Amendment by
Effective Date of 1984 Amendments
Amendment by
"(a) Except as provided in subsection (b), this Act and the amendments made by this Act [renumbering a provision set out as a note under
"(b) The amendments made by section 2 [amending this section and
Amendment by
Effective Date of 1982 Amendment
Effective Date of 1980 Amendment
Effective Date of 1979 Amendment
Amendment by
Effective Date of 1978 Amendments
Amendment by
Amendment by
Effective Date of 1974 Amendment
Amendment by section 2(a) of
Effective Date of 1972 Amendment
Effective Date of 1969 Amendment
Effective Date of 1968 Amendment
Amendment by
Effective Date of 1966 Amendment
Amendment by
Short Title of 1994 Amendment
Short Title of 1990 Amendment
Short Title of 1987 Amendment
Short Title of 1986 Amendment
Short Title of 1984 Amendment
Short Title of 1969 Amendment
Regulations
"(1) shall promulgate regulations to carry out the amendments made by section 2 [enacting
"(2) may promulgate additional regulations relating to the administration of the representative payee program."
Savings Provision
Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see
Retirement Treatment for Capitol Police Hazardous Materials Response Team Members
"(a)
"(1)
"(2)
"(b)
"(1)
"(A) 'incumbent' means an individual who—
"(i) is first appointed as a hazardous materials response team member of the Capitol Police before the effective date of this section; and
"(ii) is employed as a hazardous materials response team member of the Capitol Police on that date; and
"(B) 'prior service' means any period of service performed by an incumbent as a hazardous materials response team member of the Capitol Police before the effective date of this section.
"(2)
"(A)
"(i) the difference between the individual contributions that were actually made for such prior service and the individual contributions that would have been made for such service if subsection (a) had then been in effect; and
"(ii) interest computed on the amount under clause (i) based on
"(B)
"(3)
"(A) the difference between the Government contributions that were actually made for such prior service and the Government contributions that would have been made for such service if subsection (a) had then been in effect; and
"(B) interest computed on the amount under subparagraph (A) based on
"(c)
Supreme Court Police Retirement
"(a)
"(1)
"(2)
"(A)(i) the difference between—
"(I) the amount that was deducted and withheld from basic pay under chapters 83 and 84 of
"(II) the amount that should have been deducted and withheld for such period of service, if it had instead been performed as a law enforcement officer; and
"(ii) interest as prescribed under
"(B) with respect to the period of service described in subparagraph (A), the difference between the Government contributions that were in fact made to the Civil Service Retirement and Disability Fund for such service, and the amount that would have been required if such service had instead been performed as a law enforcement officer, subject to subsection (f).
"(3)
"(b)
"(c)
"(d)
"(1)
"(2)
"(3)
"(e)
"(f)
"(g)
"(h)
"(i)
"(j)
Federal Retirement Coverage Errors Correction
"SEC. 2001. SHORT TITLE; TABLE OF CONTENTS.
"(a)
"(b)
"SEC. 2002. DEFINITIONS.
"For purposes of this title:
"(1)
"(2) CSRS.—The term 'CSRS' means the Civil Service Retirement System.
"(3) CSRDF.—The term 'CSRDF' means the Civil Service Retirement and Disability Fund.
"(4) CSRS
"(5) CSRS-
"(6)
"(7)
"(8) FERS.—The term 'FERS' means the Federal Employees' Retirement System.
"(9) FERS
"(10)
"(11) OASDI
"(12) OASDI
"(13) OASDI
"(14) OASDI
"(15)
"(16)
"(17)
"(18)
"(A) constitutes employment under section 210 of the Social Security Act (
"(B)(i) is subject to OASDI taxes; but
"(ii) is not subject to CSRS or FERS.
"(19)
"(20)
"SEC. 2003. APPLICABILITY.
"(a)
"(b)
"SEC. 2004. IRREVOCABILITY OF ELECTIONS.
"Any election made (or deemed to have been made) by an employee or any other individual under this title shall be irrevocable.
"Subtitle A—Description of Retirement Coverage Errors to Which This Title Applies and Measures for Their Rectification
"chapter 1 —employees and annuitants who should have been fers covered, but who were erroneously csrs covered or csrs-offset covered instead, and survivors of such employees and annuitants
"SEC. 2101. EMPLOYEES.
"(a)
"(b)
"(1)
"(2)
"(A)
"(B)
"(3)
"(c)
"(1)
"(2)
"(A)
"(i) CSRS-
"(ii)
"(B)
"(C)
"(3)
"SEC. 2102. ANNUITANTS AND SURVIVORS.
"(a)
"(1) an annuitant who should have been FERS covered but, as a result of a retirement coverage error, was CSRS covered or CSRS-Offset covered instead; or
"(2) a survivor of an employee who should have been FERS covered but, as a result of a retirement coverage error, was CSRS covered or CSRS-Offset covered instead.
"(b)
"(1)
"(2)
"(3)
"(A)
"(B)
"(4)
"(A) a surviving spouse elects CSRS-Offset benefits; and
"(B) a FERS basic employee death benefit under
then the survivor's CSRS-Offset benefit shall be subject to a reduction, under regulations prescribed by the Office. The reduced annuity to which the individual is entitled shall be equal to an amount which, when taken together with the amount of the payment referred to under subparagraph (B) would result in the present value of the total being actuarially equivalent to the present value of an unreduced CSRS-Offset annuity that would have been provided the individual.
"(5)
"(c)
"(1)
"(2)
"chapter 2 —employee who should have been fers covered, csrs-offset covered, or csrs covered, but who was erroneously social security-only covered instead
"SEC. 2111. APPLICABILITY.
"This chapter shall apply in the case of any employee who—
"(1) should be (or should have been) FERS covered but, as a result of a retirement coverage error, is (or was) Social Security-Only covered instead;
"(2) should be (or should have been) CSRS-Offset covered but, as a result of a retirement coverage error, is (or was) Social Security-Only covered instead; or
"(3) should be (or should have been) CSRS covered but, as a result of a retirement coverage error, is (or was) Social Security-Only covered instead.
"SEC. 2112. CORRECTION MANDATORY.
"(a)
"(b)
"chapter 3 —employee who should or could have been social security-only covered but who was erroneously csrs-offset covered or csrs covered instead
"SEC. 2121. EMPLOYEE WHO SHOULD BE SOCIAL SECURITY-ONLY COVERED, BUT WHO IS ERRONEOUSLY CSRS OR CSRS-OFFSET COVERED INSTEAD.
"(a)
"(b)
"(1)
"(2)
"(3)
"(A)
"(B)
"(C)
"(c)
"(1)
"(2)
"(3)
"chapter 4 —employee who was erroneously fers covered
"SEC. 2131. EMPLOYEE WHO SHOULD BE SOCIAL SECURITY-ONLY COVERED, CSRS COVERED, OR CSRS-OFFSET COVERED AND IS NOT FERS-ELIGIBLE, BUT WHO IS ERRONEOUSLY FERS COVERED INSTEAD.
"(a)
"(b)
"(1)
"(2)
"(A)
"(i)
"(ii)
"(B)
"(3)
"(4)
"(c)
"(1)
"(2)
"(3)
"(4)
"SEC. 2132. FERS-ELIGIBLE EMPLOYEE WHO SHOULD HAVE BEEN CSRS COVERED, CSRS-OFFSET COVERED, OR SOCIAL SECURITY-ONLY COVERED, BUT WHO WAS ERRONEOUSLY FERS COVERED INSTEAD WITHOUT AN ELECTION.
"(a)
"(1)
"(A) is deemed to have elected FERS coverage; and
"(B) shall remain covered by FERS, unless the individual declines, under regulations prescribed by the Office, to be FERS covered.
"(2)
"(b)
"(c)
"SEC. 2133. RETROACTIVE EFFECT.
"This chapter shall be effective as of January 1, 1987, except that section 2132 shall not apply to individuals who made or were deemed to have made elections similar to those provided in this section under regulations prescribed by the Office before the effective date of this title.
"chapter 5 —employee who should have been csrs-offset covered, but who was erroneously csrs covered instead
"SEC. 2141. APPLICABILITY.
"This chapter shall apply in the case of any employee who should be (or should have been) CSRS-Offset covered but, as a result of a retirement coverage error, is (or was) CSRS covered instead.
"SEC. 2142. CORRECTION MANDATORY.
"(a)
"(b)
"chapter 6 —employee who should have been csrs covered, but who was erroneously csrs-offset covered instead
"SEC. 2151. APPLICABILITY.
"This chapter shall apply in the case of any employee who should be (or should have been) CSRS covered but, as a result of a retirement coverage error, is (or was) CSRS-Offset covered instead.
"SEC. 2152. CORRECTION MANDATORY.
"(a)
"(b)
"Subtitle B—General Provisions
"SEC. 2201. IDENTIFICATION AND NOTIFICATION REQUIREMENTS.
"Government agencies shall take all such measures as may be reasonable and appropriate to promptly identify and notify individuals who are (or have been) affected by a retirement coverage error of their rights under this title.
"SEC. 2202. INFORMATION TO BE FURNISHED TO AND BY AUTHORITIES ADMINISTERING THIS TITLE.
"(a)
"(1) the Director of the Office of Personnel Management;
"(2) the Commissioner of Social Security; and
"(3) the Executive Director of the Federal Retirement Thrift Investment Board.
"(b)
"(c)
"(d)
"(1) request or provide only such information as that authority considers necessary; and
"(2) establish, by regulation or otherwise, appropriate safeguards to ensure that any information obtained under this section shall be used only for the purpose authorized.
"SEC. 2203. SERVICE CREDIT DEPOSITS.
"(a) CSRS
"(1) a FERS covered employee was erroneously CSRS covered or CSRS-Offset covered;
"(2) the employee made a service credit deposit under the CSRS rules; and
"(3) there is a subsequent retroactive change to FERS coverage,
the excess of the amount of the CSRS civilian or military service credit deposit over the FERS civilian or military service credit deposit, together with interest computed in accordance with paragraphs (2) and (3) of
"(b)
"(1)
"(A) the employee owed a service credit deposit under
"(B)(i) there is a subsequent retroactive change to CSRS or CSRS-Offset coverage; or
"(ii) the service becomes creditable under
"(2)
"(A)
"(B)
"(3)
"(A)
"(B)
"SEC. 2204. PROVISIONS RELATED TO SOCIAL SECURITY COVERAGE OF MISCLASSIFIED EMPLOYEES.
"(a)
"(1) 'covered individual' means any employee, former employee, or annuitant who—
"(A) is or was employed erroneously subject to CSRS coverage as a result of a retirement coverage error; and
"(B) is or was retroactively converted to CSRS-offset coverage, FERS coverage, or Social Security-Only coverage; and
"(2) 'excess CSRS deduction amount' means an amount equal to the difference between the CSRS deductions withheld and the CSRS-Offset or FERS deductions, if any, due with respect to a covered individual during the entire period the individual was erroneously subject to CSRS coverage as a result of a retirement coverage error.
"(b)
"(1)
"(A) the total wages (as defined in section 3121(a) of the Internal Revenue Code of 1986 [
"(B) such additional information as the Commissioner may require for the purpose of carrying out the Commissioner's responsibilities under title II of the Social Security Act (
"(2)
"(3)
"(c)
"(d)
"(1)
"(2)
"SEC. 2205. THRIFT SAVINGS PLAN TREATMENT FOR CERTAIN INDIVIDUALS.
"(a)
"(1) is eligible to make an election of coverage under section 2101 or 2102, and only if FERS coverage is elected (or remains in effect) for the employee involved; or
"(2) is described in section 2111, and makes or has made retroactive employee contributions to the Thrift Savings Fund under regulations prescribed by the Executive Director.
"(b)
"(1)
"(A)
"(B)
"(C)
"(2)
"(c)
"(1)
"(2)
"SEC. 2206. CERTAIN AGENCY AMOUNTS TO BE PAID INTO OR REMAIN IN THE CSRDF.
"(a)
"(1)
"(A) remain in the CSRDF; and
"(B) may not be paid or credited to an agency.
"(2)
"(b)
"(1) shall pay the required additional amount into the CSRDF; and
"(2) shall not seek repayment of that amount from the employee, former employee, annuitant, or survivor.
"SEC. 2207. CSRS COVERAGE DETERMINATIONS TO BE APPROVED BY OPM.
"No agency shall place an individual under CSRS coverage unless—
"(1) the individual has been employed with CSRS coverage within the preceding 365 days; or
"(2) the Office has agreed in writing that the agency's coverage determination is correct.
"SEC. 2208. DISCRETIONARY ACTIONS BY DIRECTOR.
"(a)
"(1) extend the deadlines for making elections under this title in circumstances involving an individual's inability to make a timely election due to a cause beyond the individual's control;
"(2) provide for the reimbursement of necessary and reasonable expenses incurred by an individual with respect to settlement of a claim for losses resulting from a retirement coverage error, including attorney's fees, court costs, and other actual expenses;
"(3) compensate an individual for monetary losses that are a direct and proximate result of a retirement coverage error, excluding claimed losses relating to forgone contributions and earnings under the Thrift Savings Plan under subchapter III of
"(4) waive payments required due to correction of a retirement coverage error under this title.
"(b)
"(c)
"(d)
"(e)
"SEC. 2209. REGULATIONS.
"(a)
"(b)
"Subtitle C—Other Provisions
"SEC. 2301. PROVISIONS TO AUTHORIZE CONTINUED CONFORMITY OF OTHER FEDERAL RETIREMENT SYSTEMS.
"(a)
"(1) the Civil Service Retirement System, to the extent this title relates to the Civil Service Retirement System; and
"(2) the Federal Employees' Retirement System, to the extent this title relates to the Federal Employees' Retirement System.
"(b)
"(1) the Civil Service Retirement System, to the extent this title relates to the Civil Service Retirement System; and
"(2) the Federal Employees' Retirement System, to the extent this title relates to the Federal Employees' Retirement System.
"SEC. 2302. AUTHORIZATION OF PAYMENTS.
"All payments authorized or required by this title to be paid from the Civil Service Retirement and Disability Fund, together with administrative expenses incurred by the Office in administering this title, shall be deemed to have been authorized to be paid from that Fund, which is appropriated for the payment thereof.
"SEC. 2303. INDIVIDUAL RIGHT OF ACTION PRESERVED FOR AMOUNTS NOT OTHERWISE PROVIDED FOR UNDER THIS TITLE.
"Nothing in this title shall preclude an individual from bringing a claim against the Government of the United States which such individual may have under section 1346(b) or
"Subtitle D—Effective Date
"SEC. 2401. EFFECTIVE DATE.
"Except as otherwise provided in this title, this title shall take effect on the date of the enactment of this Act [Sept. 19, 2000]."
Federal Employees' Retirement System Open Enrollment Act of 1997
Pilot Programs for Defense Employees Converted to Contractor Employees Due to Privatization at Closed Military Installations
"(a)
"(2) The Secretary of Defense shall select the military installations to be covered by a pilot program under this section.
"(b)
"(A) while employed by the Department of Defense at a military installation selected to participate in a pilot program, performed a function that was recommended, in a report of the Defense Base Closure and Realignment Commission submitted to the President under the Defense Base Closure and Realignment Act of 1990 ([part A of] title XXIX of
"(B) while so employed, separated from Federal service after being notified that the employee would be separated in a reduction in force resulting from such privatization;
"(C) at the time separated from Federal service, was covered under the Civil Service Retirement System, but was not eligible for an immediate annuity under the Civil Service Retirement System;
"(D) does not withdraw retirement contributions under
"(E) within 60 days following such separation, is employed by the defense contractor selected to privatize the function to perform substantially the same function performed by the person before the separation; and
"(F) remains employed by the defense contractor (or a successor defense contractor) or subcontractor of the defense contractor (or successor defense contractor) until attaining early deferred retirement age (unless the employment is sooner involuntarily terminated for reasons other than performance or conduct of the employee).
"(2) A person who, under paragraph (1), would otherwise be eligible for an early deferred annuity under this section shall not be eligible for such benefits if the person received separation pay or severance pay due to a separation described in subparagraph (B) of that paragraph unless the person repays the full amount of such pay with interest (computed at a rate determined appropriate by the Director of the Office of Personnel Management) to the Department of Defense before attaining early deferred retirement age.
"(c)
"(d)
"(B) Subject to subparagraph (C), for purposes of computing the deferred annuity for a converted employee referred to in subparagraph (A), the average pay of the converted employee, computed under
"(C) The average pay of a converted employee, as adjusted under subparagraph (B), may not exceed the amount to which an annuity of the converted employee could be increased under
"(2)(A) This paragraph applies to a converted employee who was a prevailing rate employee (as defined under section 5342(2) [5342(a)(2)] of
"(B) For purposes of computing the deferred annuity for a converted employee referred to in subparagraph (A), the average pay of the converted employee, computed under
"(e)
"(A) an increase in the average pay of the converted employee under subsection (d) upon which such benefits are computed; and
"(B) the commencement of an early deferred annuity in accordance with this section before the attainment of 62 years of age by the converted employee.
"(2) The estimated increase in the unfunded liability for each department referred to in paragraph (1) shall be determined by the Director of the Office of Personnel Management. In making the determination, the Director shall consider any savings to the Fund as a result of a pilot program established under this section. The Secretary of the military department concerned shall pay the amount so determined to the Director in 10 equal annual installments with interest computed at the rate used in the most recent valuation of the Civil Service Retirement System, with the first payment thereof due at the end of the fiscal year in which an increase in average pay under subsection (d) becomes effective.
"(f)
"(g)
"(h)
"(i)
"(j)
"(1) A review and evaluation of the program, including—
"(A) an evaluation of the success of the privatization outcomes of the program;
"(B) a comparison and evaluation of such privatization outcomes with the privatization outcomes with respect to facilities at other military installations closed or realigned under the base closure laws;
"(C) an evaluation of the impact of the program on the Federal workforce and whether the program results in the maintenance of a skilled workforce for defense contractors at an acceptable cost to the military department concerned; and
"(D) an assessment of the extent to which the program is a cost-effective means of facilitating privatization of the performance of Federal activities.
"(2) Recommendations relating to the expansion of the program to other installations and employees.
"(3) Any other recommendation relating to the program.
"(k)
"(l)
"(1) The term 'converted employee' means a person who, pursuant to subsection (b), is eligible for benefits under this section.
"(2) The term 'covered separation from Federal service' means a separation from Federal service as described under subsection (b)(1)(B).
"(3) The term 'Civil Service Retirement System' means the retirement system under subchapter III of
"(4) The term 'defense contractor' means any entity that—
"(A) contracts with the Department of Defense to perform a function previously performed by Department of Defense employees;
"(B) performs that function at the same installation at which such function was previously performed by Department of Defense employees or in the vicinity of that installation; and
"(C) is the employer of one or more converted employees.
"(5) The term 'early deferred retirement age' means the first age at which a converted employee would have been eligible for immediate retirement under subsection (a) or (b) of
"(6) The term 'severance pay' means severance pay payable under
"(7) The term 'separation pay' means separation pay payable under
"(m)
Additional Agency Contributions to Retirement Fund
"(a)
"(1)
"(A) who, on or after the date of the enactment of this Act [Mar. 30, 1994] retires under section 8336(d)(2) of such title; and
"(B) to whom a voluntary separation incentive payment has been or is to be paid by such agency based on that retirement.
"(2)
"(A) the term 'final basic pay', with respect to an employee, means the total amount of basic pay which would be payable for a year of service by such employee, computed using the employee's final rate of basic pay, and, if last serving on other than a full-time basis, with appropriate adjustment therefor; and
"(B) the term 'voluntary separation incentive payment' means—
"(i) a voluntary separation incentive payment under section 3 [
"(ii) any separation pay under
"(b)
"(1)
"(A) the number of employees of such agency who, as of March 31st of such fiscal year, are subject to subchapter III of
"(B) $80.
"(2)
"(c)
Coordination With Pay Periods
Continued Coverage Under Certain Federal Employee Benefit Programs for Certain Employees of Saint Elizabeths Hospital
[
Election of Coverage Under Chapter 84
"SEC. 301. ELECTIONS.
"(a)
"(B) An election under this paragraph may not be made before July 1, 1987, or after December 31, 1987.
"(2)(A) Any individual who, after June 30, 1987, becomes reemployed by the Federal Government, and who is then subject to subchapter III of
"(B) An election under this paragraph shall not be effective unless it is made during the six-month period beginning on the date on which reemployment commences.
"(3)(A) Except as provided in subparagraph (B), any individual—
"(i) who is excluded from the operation of subchapter III of
"(ii) with respect to whom
shall, for purposes of an election under paragraph (1) or (2), be treated as if such individual were subject to subchapter III of
"(B) An election under this paragraph may not be made by any individual who would be excluded from the operation of
"(4) A member of the Foreign Service described in section 103(6) of the Foreign Service Act of 1980 [
"(b)
"(1) If, as of December 31, 1986, the individual is subject to subchapter III of
"(A) to become subject to such subchapter under the same terms and conditions as apply in the case of an individual described in section 8402(b)(2) of such title who is subject to such subchapter; or
"(B) to become subject to
An individual eligible to make an election under this paragraph may make the election described in subparagraph (A) or (B), but not both.
"(2) If, as of December 31, 1986, the individual is subject to subchapter III of
"(A) shall, as of January 1, 1987, become subject to such subchapter under the same terms and conditions as apply in the case of an individual described in section 8402(b)(2) of such title who is subject to such subchapter; and
"(B) may (during the six-month period described in subsection (a)(1)(B)) elect to become subject to
"(3)(A) If, as of December 31, 1986, the individual is not subject to subchapter III of
"(i) elect to become subject to
"(ii) if such individual has not since made an election described in subparagraph (B), elect to become subject to subchapter III of
"(B) Nothing in this paragraph shall be considered to preclude the individual from electing to become subject to subchapter III of
"(i) during the period after December 31, 1986, and before July 1, 1987; or
"(ii) after December 31, 1987, if such individual has not since become subject to subchapter III of
"(C) Any individual who becomes subject to subchapter III of
"(c)
"(1) shall take effect beginning with the first pay period beginning after the date of the election; and
"(2) shall be irrevocable.
"(d)
"(2)(A) This subsection applies with respect to a former spouse who (based on the service of the individual involved) is entitled to benefits under
"(B) This subsection does not apply with respect to a former spouse who has ceased to be so entitled as a result of remarrying before age 55.
"(3) The requirement under paragraph (1) shall be considered satisfied with respect to a former spouse if the individual seeking to make the election establishes to the satisfaction of the Office (in accordance with regulations prescribed by the Office)—
"(A) that the former spouse's whereabouts cannot be determined; or
"(B) that, due to exceptional circumstances, requiring the individual to seek the former spouse's consent would otherwise be inappropriate.
"(4)(A) The Office shall, upon application of an individual, grant an extension for such individual to make an election referred to in paragraph (1) if such individual—
"(i) files application for extension before the end of the period during which such individual would otherwise be eligible to make such election; and
"(ii) demonstrates to the satisfaction of the Office that the extension is needed to secure the modification of a decree of divorce or annulment (or a court order or court-approved property settlement incident to any such decree) in order to satisfy the consent requirement under paragraph (1).
"(B) An extension under this paragraph shall be for 6 months or for such longer period as the Office considers appropriate.
"(e)
"SEC. 302. EFFECT OF AN ELECTION UNDER SECTION 301 TO BECOME SUBJECT TO THE FEDERAL EMPLOYEES' RETIREMENT SYSTEM.
"(a)
"(1)(A) Any civilian service which is performed before the effective date of the election under section 301 shall not be creditable under
"(B) Any service described in subparagraph (A) which is covered service within the meaning of section 203(a)(3) of the Federal Employees' Retirement Contribution Temporary Adjustment Act of 1983 (
"(i) with respect to any such service performed before January 1, 1987, 1.3 percent of basic pay for such service was withheld in accordance with such Act or, if either such withholding was not made or was made, but the amount so withheld was subsequently refunded, 1.3 percent of basic pay for such period is deposited to the credit of the Civil Service Retirement and Disability Fund (hereinafter in this section referred to as the 'Fund'), with interest (computed under section 8334(e) of such title); and
"(ii) with respect to any such service performed after December 31, 1986, and before the effective date of the election, an amount equal to the percentage of basic pay for such service which would be required to be withheld under
"(C) Any service described in subparagraph (A)—
"(i) which is not covered service;
"(ii) which constitutes service of a type described in
"(iii) which, in the aggregate, is equal to less than 5 years;
shall be creditable under
"(D) Any service described in subparagraph (A)—
"(i) which is not covered service;
"(ii) which constitutes service of a type described in
"(iii) which, in the aggregate, is equal to 5 years or more;
shall be creditable for purposes of—
"(I) section 8410 of such title, relating to the minimum period of civilian service required to be eligible for an annuity;
"(II) any provision of section 8412 (other than subsection (d) or (e) thereof), 8413, 8414, 8442(b)(1), 8443(a)(1), or 8451 of such title which relates to a minimum period of service for entitlement to an annuity;
"(III) the provisions of paragraphs (4) and (6);
"(IV) any provision of section 8412(d) of such title which relates to a minimum period of service for entitlement to an annuity, but only if and to the extent that the service described in subparagraph (A) was as a law enforcement officer or firefighter;
"(V) any provision of section 8412(e) of such title which relates to a minimum period of service for entitlement to an annuity, but only if and to the extent that the service described in subparagraph (A) was as an air traffic controller; and
"(VI) the provision of subsection (h) [now (i)] of section 8415 which relates to the minimum period of service required to qualify for the higher accrual rate under such subsection.
"(2)(A) Except as provided in subparagraph (B), the creditability under
"(B) If the electing individual has performed service described in clauses (i) through (iii) of paragraph (1)(D), service described in subparagraph (A) which, but for the provisions of subsection (b), would be creditable under subchapter III of
"(i) any provision of section 8412 (other than subsection (d) or (e) thereof), 8413, or 8414 of such title which relates to a minimum period of service for entitlement to an annuity; and
"(ii) the provisions of paragraph (4).
"(3)(A)(i) If the electing individual becomes entitled to an annuity under subchapter II of
"(ii) An annuity computed under this subparagraph shall be deemed to be the individual's annuity computed under
"(B) If the electing individual becomes entitled to an annuity under subchapter V of
"(4) Accrued benefits under this paragraph shall be computed in accordance with applicable provisions of subchapter III of
"(5) Accrued benefits under this paragraph shall be computed under
"(A) total service creditable under
"(B) with respect to service performed before such effective date—
"(i) creditable civilian service (as determined under applicable provisions of this subsection) other than any service described in paragraph (1)(D); and
"(ii) creditable military service (as determined under applicable provisions of this subsection) other than any service described in paragraph (2)(B).
"(6)(A) For purposes of any computation under paragraph (4) or (5), the average pay to be used shall be the largest annual rate resulting from averaging the individual's rates of basic pay in effect over any 3 consecutive years of creditable service or, in the case of an annuity based on service of less than 3 years, over the total period of service so creditable, with each rate weighted by the period it was in effect.
"(B) For purposes of subparagraph (A), service shall be considered creditable if it would be considered creditable for purposes of determining average pay under
"(7) The cost-of-living adjustments for the annuity of the electing individual shall be made as follows:
"(A) The portion of the annuity attributable to paragraph (4) shall be adjusted at the time and in the amount provided for under
"(B) The portion of the annuity attributable to paragraph (5) shall be adjusted at the time and in the amount provided for under
"(8) For purposes of any computation under paragraph (4) in the case of an individual who retires under
"(9) In computing the annuity under paragraph (3) for an individual retiring under
"(10) An annuity supplement under
"(11) Effective from its commencing date, an annuity payable to an annuitant's survivor (other than a child under
"(12)(A)(i) If the electing individual is a reemployed annuitant under
"(ii) Notwithstanding any provision of section 301, an election under such section shall not be available to any reemployed annuitant who would be excluded from the operation of
"(B) If the annuitant serves on a full-time basis for at least 1 year, or on a part-time basis for periods equivalent to at least 1 year of full-time service, such annuitant's annuity, on termination of reemployment, shall be increased by an annuity computed—
"(i) with respect to reemployment service before the effective date of the election, under section 8339(a), (b), (d), (e), (h), (i), and (n) of
"(ii) with respect to reemployment service on or after the effective date of the election, under section 8415(a) through (g) [now 8415(a)–(c), (e)–(h)] of such title, as may apply based on the reemployment in which such annuitant was engaged on or after such effective date;
with the 'average pay' used in any computation under clause (i) or (ii) being determined (based on rates of pay in effect during the period of reemployment, whether before, on, or after the effective date of the election) in the same way as provided for in paragraph (6). If the annuitant is receiving a reduced annuity as provided in section 8339(j) or
"(C)(i) If the annuitant serves on a full-time basis for at least 5 years, or on a part-time basis for periods equivalent to at least 5 years of full-time service, such annuitant may elect, instead of the benefit provided by subparagraph (B), to have such annuitant's rights redetermined, effective upon separation from employment. If the annuitant so elects, the redetermined annuity will become payable as if such annuitant were retiring for the first time based on the separation from reemployment service, and the provisions of this section concerning computation of annuity (other than any provision of this paragraph) shall apply.
"(ii) If the annuitant dies while still reemployed, after having been reemployed for at least 5 full years (or the equivalent thereof, in the case of part-time employment), any person entitled to a survivor annuity under
"(D) If the annuitant serves on a full-time basis for less than 1 year (or the equivalent thereof, in the case of part-time employment), any amounts withheld under
"(E) For purposes of determining the period of an annuitant's reemployment service under this paragraph, a period of reemployment service shall not be taken into account unless—
"(i) with respect to service performed before the effective date of the election under section 301, it is service which, if performed for at least 1 full year, would have allowed such annuitant to elect under
"(ii) with respect to service performed on or after the effective date of the election under section 301, it is service with respect to which deductions from pay would be required to be withheld under the second sentence of
"(b)
"(2)(A) Nothing in paragraph (1), or in subchapter III of
"(B) Nothing in paragraph (1) shall preclude the payment of any lump-sum credit in accordance with
"(c)
"(A) for a period of service under clause (i) of subsection (a)(1)(B), the amount by which—
"(i) the amount contributed with respect to such period, exceeds
"(ii) the amount required under such clause (i) with respect to such period;
"(B) for a period of service under clause (ii) of subsection (a)(1)(B), the amount by which—
"(i) the amount so contributed with respect to such period, exceeds
"(ii) the amount required under such clause (ii) with respect to such period; and
"(C) for a period of service under subparagraph (C) of subsection (a)(1), the amount by which—
"(i) the amount so contributed with respect to such period, exceeds
"(ii) the amount required under such subparagraph with respect to such period.
"(2) In accordance with regulations prescribed by the Office of Personnel Management, a refund under this subsection shall be payable upon written application therefor filed with the Office and shall include interest at the rate provided in
"SEC. 303. PROVISIONS RELATING TO AN ELECTION TO BECOME SUBJECT TO CHAPTER 83 SUBJECT TO CERTAIN OFFSETS RELATING TO SOCIAL SECURITY.
"(a)
"(1) for the period beginning on January 1, 1984, and ending on December 31, 1986, the amount by which—
"(A) the total amount deducted from such individual's basic pay under
"(B) 1.3 percent of such individual's total basic pay for such period; and
"(2) for the period beginning on January 1, 1987, and ending on the day before the effective date of the election, the amount by which—
"(A) the total amount deducted from such individual's basic pay under such section 8334(a)(1) for such period, exceeds
"(B) the total amount which would have been deducted if such individual's basic pay had instead been subject to section 8334(k) of such title during such period.
A refund under this subsection shall be computed with interest in accordance with section 302(c)(2) and regulations prescribed by the Office of Personnel Management.
"(b)
"(A) for any service during the period beginning on January 1, 1987, and ending on the day before such effective date, there is deposited to the credit of the Fund a percentage of basic pay for such period equal to the percentage which would have applied under section 8334(k) of such title if such individual's pay had been subject to such section during such period;
"(B) for any period of service beginning on January 1, 1984, and ending on December 31, 1986, there is deposited to the credit of the Fund an amount equal to 1.3 percent of basic pay for such period; and
"(C) for any period of service before January 1, 1984, there is deposited to the credit of the Fund any amount required with respect to such period under such subchapter.
"(2) A deposit under this subsection may be made by the individual or, for purposes of survivor annuities, a survivor of such individual."
[
[Amendment by section 134(b) of
Construction of Adjustments in Retirement Provisions Made by Pub. L. 98–353
Election of Retirement Plan Under Federal Employees' Retirement Contribution Temporary Adjustment Act of 1983
"(a) For the purposes of this section, the term 'covered retirement system' shall have the same meaning as provided in section 203(a)(2) of the Federal Employees' Retirement Contribution Temporary Adjustment Act of 1983 (
"(b)(1) Any individual who was entitled to make an election under section 208(a) of the Federal Employees' Retirement Contribution Temporary Adjustment Act of 1983 (
"(2)(A) Not later than September 15, 1984, any such individual who made an election under paragraph (1) of section 208(a) of the Federal Employees' Retirement Contribution Temporary Adjustment Act of 1983 [set out below] may—
"(i) make any other election which such individual was entitled to make under such section before January 1, 1984; or
"(ii) elect to become a participant in a covered retirement system (if such individual is otherwise eligible to participate in such system), subject to sections 201 through 207 of such Act [set out below].
"(B) Not later than September 15, 1984, any such individual who made an election under paragraph (2) of section 208(a) of the Federal Employees' Retirement Contribution Temporary Adjustment Act of 1983 may—
"(i) make any other election which such individual was entitled to make under such section before January 1, 1984; or
"(ii) elect to terminate participation in the covered retirement system with respect to which such individual made the election under such paragraph (2).
"(3) An election under this subsection shall be made by a written application submitted to the official by whom the electing individual is paid.
"(4) An election made as provided in this subsection shall take effect with respect to service performed on or after the first day of the first applicable pay period commencing after September 15, 1984.
"(c)(1)
"(2) Paragraph (1) shall take effect with respect to any election made under section 208(a) of such Act or this Act before, on, or after January 1, 1984.
"(d) Nothing in this section or the Federal Employees' Retirement Contribution Temporary Adjustment Act of 1983 [set out below] affects any entitlement to benefits accrued under a covered retirement system before January 1, 1984, except to the extent that any amount refunded under section 208(c) of such Act is not redeposited in the applicable retirement fund."
Federal Employees' Retirement Contribution Temporary Adjustment
"short title
"statement of policy
"(1) that the amount required to be contributed to certain public retirement systems by employees and officers of the Government who are also required to pay employment taxes relating to benefits under title II of the Social Security Act [
"(2) that the Treasury be required to pay into such retirement systems the remainder of the amount such employees and officers would have contributed during such period but for the temporary modification;
"(3) that the employing agencies make contributions to the retirement systems with respect to such service in amounts required by law in effect before January 1, 1984, without reduction in such amounts;
"(4) that such employees and officers accrue credit for service for the purposes of the public retirement systems in effect on the date of enactment of this Act [Nov. 29, 1983] until a new Government retirement system covering such employees and officers is established;
"(5) that, where appropriate, deposits to the credit of such a retirement system be required with respect to service performed by an employee or officer of the Government during the period described in clause (1), and, where appropriate, annuities be offset by the amount of certain social security benefits attributable to such service; and
"(6) that such employees and officers who are first employed in civilian service by the Government or first take office in civilian service in the Government on or after January 1, 1984, become subject to such new Government retirement system as may be established for employees and officers of the Government on or after January 1, 1984, and before January 1, 1987, with credit for service performed after December 31, 1983, by such employees and officers transferred to such new Government retirement system.
"definitions
"(1) the term 'covered employee' means any individual whose service is covered service;
"(2) the term 'covered retirement system' means—
"(A) the Civil Service Retirement and Disability System under subchapter III of
"(B) the Foreign Service Retirement and Disability System under
"(C) the Central Intelligence Agency Retirement and Disability System under the Central Intelligence Agency Retirement Act of 1964 for Certain Employees ([former] 50 U.S.C. 403 note); and
"(D) any other retirement system (other than a new Government retirement system) under which a covered employee who is a participant in the system is required to make contributions to the system in an amount equal to a portion of the participant's basic pay for covered service, as determined by the President;
"(3) the term 'covered service' means service which is employment for the purposes of title II of the Social Security Act [
"(4) the term 'new Government retirement system' means any retirement system which (A) is established for officers or employees of the Government by or pursuant to a law enacted after December 31, 1983, and before January 1, 1987, and (B) takes effect on or before January 1, 1987.
"(b) The President shall publish the determinations made for the purpose of subsection (a)(2)(D) in an Executive order.
"contribution adjustments
"(1)
"(2) section 805 of the Foreign Service Act of 1980 (
"(3) section 211 of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees ([former] 50 U.S.C. 403 note); or
"(4) any provision of any other covered retirement system which requires a participant in the system to make contributions of a portion of the basic pay of the participant;
for covered service which is performed after December 31, 1983, and before the earlier of the effective date of a new Government retirement system or January 1, 1987. Deductions shall be made and withheld as provided by such provisions in the case of covered service which is performed on or after such effective date or January 1, 1987, as the case may be, and is not subject to a new Government retirement system.
"(b) Employing agencies of the Government shall make contributions with respect to service to which subsection (a) of this section applies under the second sentence of
"reimbursement for contribution deficiency
"(1) the term 'contribution deficiency', when used with respect to a covered retirement system, means the excess of—
"(A) the total amount which, but for section 204(a) of this Act, would have been deducted and withheld under a provision referred to in such section from the pay of covered employees participating in such retirement system for service to which such section applies, over
"(B) the total amount which was deducted and withheld from the pay of covered employees for such service as provided in section 204(a) of this Act; and
"(2) the term 'appropriate agency head' means—
"(A) the Director of the Office of Personnel Management, with respect to the Civil Service Retirement and Disability System under subchapter III of
"(B) the Secretary of State, with respect to the Foreign Service Retirement and Disability System under
"(C) the Director of Central Intelligence, with respect to the Central Intelligence Agency Retirement and Disability System under the Central Intelligence Agency Retirement Act of 1964 for Certain Employees ([former] 50 U.S.C. 403 note); and
"(D) the officer designated by the President for that purpose in the case of any retirement system described in section 203(a)(2)(D) of this Act.
"(b) At the end of each of fiscal years 1984, 1985, 1986, and 1987, the appropriate agency head—
"(1) shall determine the amount of the contribution deficiency for such fiscal year in the case of each covered retirement system, including the interest that those contributions would have earned had they been credited to the fund established for the payment of benefits under such retirement system in the same manner and at the same time as deductions under the applicable provision of law referred to in section 204(a) of this Act; and
"(2) shall notify the Secretary of the Treasury of the amount of the contribution deficiency in each such case.
"(c) Before closing the accounts for each of fiscal years 1984, 1985, 1986, and 1987, the Secretary of the Treasury shall credit to the fund established for the payment of benefits under each covered retirement system, as a Government contribution, out of any money in the Treasury not otherwise appropriated, an amount equal to the amount determined under subsection (b) with respect to that covered retirement system for the fiscal year involved.
"(d) Amounts credited to a fund under subsection (c) shall be accounted for separately than amounts credited to such fund under any other provision of law.
"special deposit and offset rules relating to retirement benefits for interim covered service
"(b)(1) Paragraphs (2) and (3) apply according to the provisions thereof only with respect to a covered employee who is employed by the Government on December 31, 1983.
"(2)(A) Notwithstanding any other provision of law, the interim covered service of such covered employee shall be considered—
"(i) in determining entitlement to and computing the amount of an annuity (other than a disability or survivor annuity) commencing under a covered retirement system during the period beginning January 1, 1984, and ending on the earlier of the date a new Government retirement system takes effect or January 1, 1987, by reason of the retirement of such covered employee during such period only if such covered employee makes a deposit to the credit of such covered retirement system for such covered service in an amount computed as provided in subsection (f); and
"(ii) in computing a disability or survivor annuity which commences under a covered retirement system during such period and is based in any part on such interim covered service.
"(B) Notwithstanding any other provision of law, an annuity to which subparagraph (A)(ii) applies shall be reduced by the portion of the amount of any benefits which is payable under title II of the Social Security Act [
"(3) Notwithstanding any other provision of law, if a new Government retirement system is not established or is inapplicable to such a covered employee who retires or dies subject to a covered retirement system after the date on which such new Government retirement system takes effect, the interim covered service of such covered employee shall be considered in determining entitlement to and computing the amount of an annuity under a covered retirement system based on the service of such covered employee only if such covered employee makes a deposit to the credit of such covered retirement system for such covered service in an amount computed as provided in subsection (f).
"(c)(1) Paragraphs (2) and (3) apply according to the provisions thereof only with respect to a covered employee who was not employed by the Government on December 31, 1983.
"(2) Notwithstanding any other provision of law, any annuity which commences under a covered retirement system during the period described in subsection (b)(2)(A)(i) and is based, in any part, on interim covered service shall be reduced by the portion of the amount of any benefits which is payable under title II of the Social Security Act [
"(3) Notwithstanding any other provision of law, if a new Government retirement system is not established, the interim covered service of such a covered employee who retires or dies after January 1, 1987, shall be considered in determining entitlement to and computing the amount of an annuity under a covered retirement system based on the service of such covered employee only if such covered employee makes a deposit to the credit of such covered retirement system for such covered service in an amount computed as provided in subsection (f).
"(d) If a covered employee with respect to whom subsection (b)(3) or (c)(3) applies dies without having made a deposit pursuant to such subsection, any individual who is entitled to an annuity under a covered retirement system based on the service of such covered employee or who would be entitled to such an annuity if such deposit had been made by the covered employee before death may make such deposit after the date of death of such covered employee. Service covered by a deposit made pursuant to the first sentence shall be considered in determining, in the case of each individual to whom the first sentence applies, the entitlement to and the amount of an annuity under a covered retirement system based on the service of such covered employee.
"(e) A reduction in annuity under subsection (b)(2)(B) or (c)(2) shall commence on the first day of the first month after the date on which payment of benefits under title II of the Social Security Act [
"(f) For the purposes of subsection (b) or (c), the amount of a deposit to the credit of the applicable covered retirement system shall be equal to the excess of—
"(1) the total amount which would have been deducted and withheld from the basic pay of the covered employee for the interim covered service under such covered retirement system but for the application of section 204(a), over
"(2) the amount which was deducted and withheld from such basic pay for such interim covered service pursuant to section 204(a) and was not refunded to such covered employee.
"(g) For the purpose of subsections (b)(2)(B) and (c)(2), the portion of the amount of the benefits which is payable under title II of the Social Security Act [
"(1) computing the amount of such benefits including credit for such service;
"(2) computing the amount of such benefits, if any, without including credit for such service; and
"(3) subtracting the amount computed under clause (2) from the amount computed under clause (1).
"(h) The Secretary of Health and Human Services shall furnish to the appropriate agency head (as defined in section 205(a)(2)) such information as such agency head considers necessary to carry out this section.
"transfer of credit to new retirement system
"(1) if such individual is then currently a participant in a covered retirement system, elect by written application submitted before January 1, 1984—
"(A) to terminate participation in such system, effective after December 31, 1983; or
"(B) to remain under such system, as if the preceding sections of this Act [probably means this 'title'] and the amendments made by this Act had not been enacted; or
"(2) if such individual is then currently not a participant in a covered retirement system, elect by written application—
"(A) to become a participant under such system (if such individual is otherwise eligible to participate in the system), subject to the preceding sections of this Act [probably means this 'title'] and the amendments made by this Act; or
"(B) to become a participant under such system (if such individual is otherwise eligible to participate in the system), as if the preceding sections of this Act and the amendments made by this Act had not been enacted.
"(b) An application by an individual under subsection (a) shall be submitted to the official by whom such covered employee is paid.
"(c) Any individual who elects to terminate participation in a covered retirement system under subsection (a)(1)(A) is entitled to have such individual's contributions to the retirement system refunded, in accordance with applicable provisions of law, as if such individual had separated from service as of the effective date of the election.
"(d) Any individual who is eligible to make an election under subparagraph (A) or (B) of subsection (a)(1), but who does not make an election under either such subparagraph, shall be subject to the preceding sections of this Act [probably means this 'title'] and the amendments made by this Act."
[Amendment to section 206(c)(3) of
[
["(1) The amendments made by subsection (a) [amending
["(2) Any refund payable to an individual as a result of paragraph (1) shall be paid out of funds of the appropriate retirement system.
["(3) For purposes of this subsection, the term 'retirement system' means a covered retirement system as defined by section 203(a)(2) of the Federal Employees' Retirement Contribution Temporary Adjustment Act of 1983 (
[Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director's capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director's capacity as the head of the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (b) of
[The Central Intelligence Agency Retirement Act of 1964 for Certain Employees, referred to in
Canal Zone Government and Panama Canal Company Employees
"(a) Effective on and after the first day of the first pay period which begins in the third calendar month following the calendar month in which this Act is enacted [July 1958]—
"The Act of July 8, 1937 (
"(b) On or before the first day of the first pay period which begins in the third calendar month following the calendar month in which this Act is enacted [July 1958], the Panama Canal Company shall pay, as an agency contribution, into the civil service retirement and disability fund created by the Act of May 22, 1920, for each individual—
"(1) who is employed, on such first day of such first pay period, by the Canal Zone Government or by the Panama Canal Company, and
"(2) who, by reason of the enactment of this section and the operation of the Civil Service Retirement Act (
for service performed by such individual in the employment of—
"(A) the Panama Railroad Company during the period which began on June 29, 1948, and ended on June 30, 1951, or
"(B) the Panama Canal (former independent agency), the Canal Zone Government, or the Panama Canal Company during the period which began on July 1, 1951, and which ends immediately prior to such first day of such first pay period,
an amount equal to the aggregate amount which such individual would have been required to contribute for retirement purposes if he had been subject to the Civil Service Retirement Act during such periods of service.
"(c) Nothing contained in this section shall affect—
"(1) the rights of any individual existing immediately prior to such first day of such first pay period above specified, or
"(2) the continuing obligations of the Canal Zone Government and the Panama Canal Company under section 4(a) of the Civil Service Retirement Act (
Members of Civilian Faculties of United States Naval Academy and United States Naval Postgraduate School
Act July 31, 1956, ch. 804, title IV, §402,
"(a) On and after the effective date of this title [on the first day of the first month beginning more than sixty days after July 31, 1956] persons employed as members of the civilian faculties of the United States Naval Academy and the United States Naval Postgraduate School shall be included within the terms of the Civil Service Retirement Act [this subchapter], and on and after that date the Act of January 16, 1936 (
"(b) In lieu of the deposit prescribed by section 4(c) of the Civil Service Retirement Act [
Executive Documents
Ex. Ord. No. 12461. Designation as a Federal Retirement System
Ex. Ord. No. 12461, Feb. 17, 1984, 49 F.R. 6471, provided:
By the authority vested in me as President by the Federal Employees' Retirement Contribution Temporary Adjustment Act of 1983 (title II of
Ronald Reagan.
1 So in original. Probably should be followed by a comma.
2 See Change of Name note below.
§8332. Creditable service
(a) The total service of an employee or Member is the full years and twelfth parts thereof, excluding from the aggregate the fractional part of a month, if any.
(b) The service of an employee shall be credited from the date of original employment to the date of separation on which title to annuity is based in the civilian service of the Government. Except as provided in paragraph (13) 1 of this subsection, credit may not be allowed for a period of separation from the service in excess of 3 calendar days. The service includes—
(1) employment as a substitute in the postal field service;
(2) service in the Pan American Sanitary Bureau;
(3) subject to
(4) service as a student-employee as defined by
(5) a period of satisfactory service of a volunteer or volunteer leader under
(6) employment under
(7) a period of service of a volunteer under part A of title VIII of the Economic Opportunity Act of 1964, or a period of service of a full-time volunteer enrolled in a program of at least one year's duration under part A, B,2 or C of title I of the Domestic Volunteer Service Act of 1973 only if he later becomes subject to this subchapter;
(8) subject to
(9) subject to
(10) periods of imprisonment of a foreign national for which compensation is provided under section 410 of the Foreign Service Act of 1980, if the individual (A) was subject to this subchapter during employment with the Government last preceding imprisonment, or (B) is qualified for an annuity under this subchapter on the basis of other service of the individual;
(11) subject to
(12) service as a justice or judge of the United States, as defined by
(13) subject to
(14) one year of service to be credited for each year in which a Native of the Pribilof Islands performs service in the taking and curing of fur seal skins and other activities in connection with the administration of the Pribilof Islands, notwithstanding any period of separation from the service, and regardless of whether the Native who performs the service retires before, on, or after the effective date of this paragraph;
(15) subject to
(16) service performed by any individual as an employee described in
(17) service performed by any individual as an employee paid from nonappropriated funds of an instrumentality of the Department of Defense or the Coast Guard described in section 2105(c) that is not covered by paragraph (16) and that is not otherwise creditable, if the individual elects (in accordance with regulations prescribed by the Office) to have such service credited under this paragraph.
The Office of Personnel Management shall accept the certification of the Secretary of Agriculture or his designee concerning service for the purpose of this subchapter of the type performed by an employee named by paragraph (3) of this subsection. The Office of Personnel Management shall accept the certification of the Secretary of Commerce or his designee concerning service for the purpose of this subchapter of the type performed by an employee named by paragraph (14) of this subsection. The Office of Personnel Management shall accept the certification of the Capitol Guide Board concerning service for the purpose of this subchapter of the type described in paragraph (8) of this subsection and performed by an employee. The Office of Personnel Management shall accept the certification of the Chief Administrative Officer of the House of Representatives concerning service for the purpose of this subchapter of the type described in paragraph (13) of this subsection. For the purpose of paragraph (5) of this subsection—
(A) a volunteer and a volunteer leader are deemed receiving pay during their service at the respective rates of readjustment allowances payable under
(B) the period of an individual's service as a volunteer or volunteer leader under
The Office of Personnel Management shall accept the certification of the Executive Director of the Board for International Broadcasting, and the Secretary of State with respect to the Asia Foundation and the Secretary of Defense with respect to the Armed Forces Network, Europe (AFN–E), concerning services for the purposes of this subchapter of the type described in paragraph (11) of this subsection. For the purpose of this subchapter, service of the type described in paragraph (15) of this subsection shall be considered Member service. The Office of Personnel Management shall accept, for the purposes of this subchapter, the certification of the head of a nonappropriated fund instrumentality of the United States concerning service of the type described in paragraph (16) or (17) of this subsection which was performed for such appropriated fund instrumentality. Service credited under paragraph (17) may not also be credited under any other retirement system provided for employees paid from nonappropriated funds of a nonappropriated fund instrumentality.
(c)(1) Except as provided in paragraphs (2) and (4) of this subsection and subsection (d) of this section—
(A) the service of an individual who first becomes an employee or Member before October 1, 1982, shall include credit for each period of military service performed before the date of the separation on which the entitlement to an annuity under this subchapter is based, subject to
(B) the service of an individual who first becomes an employee or Member on or after October 1, 1982, shall include credit for—
(i) each period of military service performed before January 1, 1957, and
(ii) each period of military service performed after December 31, 1956, and before the separation on which the entitlement to annuity under this subchapter is based, only if a deposit (with interest, if any) is made with respect to that period, as provided in
(2) If an employee or Member is awarded retired pay based on any period of military service, the service of the employee or Member may not include credit for such period of military service unless the retired pay is awarded—
(A) based on a service-connected disability—
(i) incurred in combat with an enemy of the United States; or
(ii) caused by an instrumentality of war and incurred in line of duty during a period of war as defined by
(B) under
(3)(A) Notwithstanding paragraph (2) of this subsection, for purposes of computing a survivor annuity for a survivor of an employee or Member—
(i) who was awarded retired pay based on any period of military service, and
(ii) whose death occurs before separation from the service,
creditable service of the deceased employee or Member shall include each period of military service includable under subparagraph (A) or (B) of paragraph (1) of this subsection, as applicable. In carrying out this subparagraph, any amount deposited under
(B) A survivor annuity computed based on an amount which, under authority of subparagraph (A), takes into consideration any period of military service shall be reduced by the amount of any survivor's benefits—
(i) payable to a survivor (other than a child) under a retirement system for members of the uniformed services;
(ii) if, or to the extent that, such benefits are based on such period of military service.
(C) The Office of Personnel Management shall prescribe regulations to carry out this paragraph, including regulations under which—
(i) a survivor may elect not to be covered by this paragraph; and
(ii) this paragraph shall be carried out in any case which involves a former spouse.
(4) If, after January 1, 1997, an employee or Member waives retired pay that is subject to a court order for which there has been effective service on the Secretary concerned for purposes of
(d) For the purpose of
(1) shall be allowed credit only for periods of military service not exceeding 5 years, plus military service performed by the Member on leaving his office, for the purpose of performing military service, during a war or national emergency proclaimed by the President or declared by Congress and before his final separation from service as Member; and
(2) may not receive credit for military service for which credit is allowed for purpose of retired pay under other statute.
(e) This subchapter does not affect the right of an employee or Member to retired pay, pension, or compensation in addition to an annuity payable under this subchapter.
(f) Credit shall be allowed for leaves of absence without pay granted an employee while performing military service or while receiving benefits under subchapter I of
(g) An employee who during the period of a war, or of a national emergency as proclaimed by the President or declared by Congress, leaves his position to enter the military service is deemed, for the purpose of this subchapter, as not separated from his civilian position because of that military service, unless he applies for and receives a lump-sum credit under this subchapter. However, the employee is deemed as not retaining his civilian position after December 31, 1956, or after the expiration of 5 years of that military service, whichever is later.
(h) An employee who—
(1) has at least 5 years' Member service; and
(2) serves as a Member at any time after August 2, 1946;
may not be allowed credit for service which is used in the computation of an annuity under
(i) An individual who qualifies as an employee under
(1) 1/313 of a year for each day on which he performed service as a Commissioner before July 1, 1945; and
(2) 1/260 of a year for each day on which he performed service as a Commissioner after June 30, 1945.
Credit for service performed as Commissioner may not exceed 313 days in a year before July 1, 1945, or 260 days in a year after June 30, 1945. For the purpose of this subchapter, the employment and pay of a Commissioner is deemed on a daily basis when actually employed.
(j)(1) Notwithstanding any other provision of this section, military service, except military service covered by military leave with pay from a civilian position, performed by an individual after December 1956, the period of an individual's services as a volunteer under part A of title VIII of the Economic Opportunity Act of 1964, the period of an individual's service as a full-time volunteer enrolled in a program of at least 1 year's duration under part A, B,2 or C of title I of the Domestic Volunteer Service Act of 1973, and the period of an individual's service as a volunteer or volunteer leader under
(2) The provisions of paragraph (1) of this subsection relating to credit for military service shall not apply to—
(A) any period of military service of an employee or Member with respect to which the employee or Member has made a deposit with interest, if any, under
(B) the service of any employee or Member described in
(3) The provisions of paragraph (1) relating to credit for service as a volunteer or volunteer leader under the Economic Opportunity Act of 1964, part A, B,2 or C of title I of the Domestic Volunteer Service Act of 1973, or the Peace Corps Act shall not apply to any period of service as a volunteer or volunteer leader of an employee or Member with respect to which the employee or Member has made the deposit with interest, if any, required by section 8334(l).
(k)(1) An employee who enters on approved leave without pay to serve as a full-time officer or employee of an organization composed primarily of employees as defined by
(2) An employee may deposit with interest an amount equal to retirement deductions representing any period or periods of approved leave without pay while serving, before July 18, 1966, as a full-time officer or employee of an organization composed primarily of employees as defined by
(l)(1) Any employee or Member who—
(A) is of Japanese ancestry; and
(B) while a citizen of the United States or an alien lawfully admitted to the United States for permanent residence, was interned or otherwise detained at any time during World War II in any camp, installation, or other facility in the United States, or in any territory or possession of the United States, under any policy or program of the United States respecting individuals of Japanese ancestry which was established during World War II in the interests of national security pursuant to—
(i) Executive Order Numbered 9066, dated February 19, 1942;
(ii) section 67 of the Act entitled "An Act to provide a government for the Territory of Hawaii", approved April 30, 1900 (
(iii) Executive Order Numbered 9489, dated October 18, 1944;
(iv) sections 4067 through 4070 of the Revised Statutes of the United States; or
(v) any other statute, rule, regulation, or order; or
(C) is of Aleut ancestry and while a citizen of the United States was interned or otherwise detained in, or relocated to any camp, installation, or other facility in the Territory of Alaska which was established during World War II for the purpose of the internment, detention, or relocation of Aleuts pursuant to any statute, rule, regulation, or order;
shall be allowed credit (as civilian service) for any period during which such employee or Member was so interned or otherwise detained after such employee became 18 years of age.
(2) For the purpose of this subsection, "World War II" means the period beginning on December 7, 1941, and ending on December 31, 1946.
(m)(1) Upon application to the Office of Personnel Management, any individual who is an employee on the date of the enactment of this subsection, and who has on such date or thereafter acquires 5 years or more of creditable civilian service under this section (exclusive of service for which credit is allowed under this subsection) shall be allowed credit (as service as a Congressional employee) for service before the date of the enactment of this subsection while employed by the Democratic Senatorial Campaign Committee, the Republican Senatorial Campaign Committee, the Democratic National Congressional Committee, or the Republican National Congressional Committee, if—
(A) such employee has at least 4 years and 6 months of service on such committees as of December 12, 1980; and
(B) such employee makes a deposit to the Fund in an amount equal to the amount which would be required under
(2) Upon application to the Office of Personnel Management, any individual who was an employee on the date of enactment of this paragraph, and who has on such date or thereafter acquires 5 years or more of creditable civilian service under this section (exclusive of service for which credit is allowed under this subsection) shall be allowed credit (as service as a congressional employee) for service before December 31, 1990, while employed by the Democratic Senatorial Campaign Committee, the Republican Senatorial Campaign Committee, the Democratic National Congressional Committee, or the Republican National Congressional Committee, if—
(A) such employee has at least 4 years and 6 months of service on such committees as of December 31, 1990; and
(B) such employee makes a deposit to the Fund in an amount equal to the amount which would be required under section 8334(c) if such service were service as a congressional employee.
(3) The Office shall accept the certification of the President of the Senate (or his designee) or the Speaker of the House (or his designee), as the case may be, concerning the service of, and the amount of compensation received by, an employee with respect to which credit is to be sought under this subsection.
(4) An individual receiving credit for service for any period under this subsection shall not be granted credit for such service under the provisions of the Social Security Act.
(n) Any employee who—
(1) served in a position in which the employee was excluded from coverage under this subchapter because the employee was covered under a retirement system established under section 10 of the Federal Reserve Act; and
(2) transferred without a break in service to a position to which the employee was appointed by the President, with the advice and consent of the Senate, and in which position the employee is subject to this subchapter,
shall be treated for all purposes of this subchapter as if any service that would have been creditable under the retirement system established under section 10 of the Federal Reserve Act was service performed while subject to this subchapter if any employee and employer deductions, contributions or rights with respect to the employee's service are transferred from such retirement system to the Fund.
(o)(1) Notwithstanding any other provision of this subchapter, the service of an individual finally convicted of an offense described in paragraph (2) shall not be taken into account for purposes of this subchapter, except that this sentence applies only to service rendered as a Member (irrespective of when rendered). Any such individual (or other person determined under section 8342(c), if applicable) shall be entitled to be paid so much of such individual's lump-sum credit as is attributable to service to which the preceding sentence applies.
(2)(A) An offense described in this paragraph is any offense described in subparagraph (B) for which the following apply:
(i) Every act or omission of the individual (referred to in paragraph (1)) that is needed to satisfy the elements of the offense occurs while the individual is a Member, the President, the Vice President, or an elected official of a State or local government.
(ii) Every act or omission of the individual that is needed to satisfy the elements of the offense directly relates to the performance of the individual's official duties as a Member, the President, the Vice President, or an elected official of a State or local government.
(iii) The offense—
(I) is committed after the date of enactment of this subsection and—
(aa) is described under subparagraph (B)(i), (iv), (xvi), (xix), (xxiii), (xxiv), or (xxvi); or
(bb) is described under subparagraph (B)(xxix), (xxx), or (xxxi), but only with respect to an offense described under subparagraph (B)(i), (iv), (xvi), (xix), (xxiii), (xxiv), or (xxvi); or
(II) is committed after the date of enactment of the STOCK Act and—
(aa) is described under subparagraph (B)(ii), (iii), (v), (vi), (vii), (viii), (ix), (x), (xi), (xii), (xiii), (xiv), (xv), (xvii), (xviii), (xx), (xxi), (xxii), (xxv), (xxvii), or (xxviii); or
(bb) is described under subparagraph (B)(xxix), (xxx), or (xxxi), but only with respect to an offense described under subparagraph (B)(ii), (iii), (v), (vi), (vii), (viii), (ix), (x), (xi), (xii), (xiii), (xiv), (xv), (xvii), (xviii), (xx), (xxi), (xxii), (xxv), (xxvii), or (xxviii).
(B) An offense described in this subparagraph is only the following, and only to the extent that the offense is a felony:
(i) An offense under
(ii) An offense under
(iii) An offense under
(iv) An offense under
(v) An offense under
(vi) An offense under
(vii) An offense under
(viii) An offense under
(ix) An offense under
(x) An offense under
(xi) An offense under
(xii) An offense under
(xiii) An offense under
(xiv) An offense under
(xv) An offense under
(xvi) An offense under
(xvii) An offense under
(xviii) An offense under
(xix) An offense under
(xx) An offense under
(xxi) An offense under
(xxii) An offense under
(xxiii) An offense under
(xxiv) An offense under
(xxv) An offense under section 7201 of the Internal Revenue Code of 1986 (relating to attempt to evade or defeat tax).
(xxvi) An offense under section 104(a) of the Foreign Corrupt Practices Act of 1977 (relating to prohibited foreign trade practices by domestic concerns).
(xxvii) An offense under section 10(b) of the Securities Exchange Act of 1934 (relating to fraud, manipulation, or insider trading of securities).
(xxviii) An offense under section 4c(a) of the Commodity Exchange Act (
(xxix) An offense under
(I) an offense under clause (i), (ii), (iii), (iv), (v), (vi), (vii), (viii), (ix), (x), (xi), (xii), (xiii), (xiv), (xv), (xvi), (xvii), (xviii), (xix), (xx), (xxi), (xxii), (xxiii), (xxiv), (xxv), (xxvi), (xxvii), or (xxviii); or
(II) an offense under
(xxx) Perjury committed under
(I) an offense under clause (i), (ii), (iii), (iv), (v), (vi), (vii), (viii), (ix), (x), (xi), (xii), (xiii), (xiv), (xv), (xvi), (xvii), (xviii), (xix), (xx), (xxi), (xxii), (xxiii), (xxiv), (xxv), (xxvi), (xxvii), or (xxviii); or
(II) an offense under clause (xxix), to the extent provided in such clause.
(xxxi) Subornation of perjury committed under
(3) An individual convicted of an offense described in paragraph (2) shall not, after the date of the final conviction, be eligible to participate in the retirement system under this subchapter or
(4) The Office of Personnel Management shall prescribe any regulations necessary to carry out this subsection. Such regulations shall include—
(A) provisions under which interest on any lump-sum payment under the second sentence of paragraph (1) shall be limited in a manner similar to that specified in the last sentence of section 8316(b); and
(B) provisions under which the Office may provide for—
(i) the payment, to the spouse or children of any individual referred to in the first sentence of paragraph (1), of any amounts which (but for this clause) would otherwise have been nonpayable by reason of such first sentence, subject to paragraph (5); and
(ii) an appropriate adjustment in the amount of any lump-sum payment under the second sentence of paragraph (1) to reflect the application of clause (i).
(5) Regulations to carry out clause (i) of paragraph (4)(B) shall include provisions to ensure that the authority to make any payment to the spouse or children of an individual under such clause shall be available only to the extent that the application of such clause is considered necessary and appropriate taking into account the totality of the circumstances, including the financial needs of the spouse or children, whether the spouse or children participated in an offense described in paragraph (2) of which such individual was finally convicted, and what measures, if any, may be necessary to ensure that the convicted individual does not benefit from any such payment.
(6) For purposes of this subsection—
(A) the terms "finally convicted" and "final conviction" refer to a conviction (i) which has not been appealed and is no longer appealable because the time for taking an appeal has expired, or (ii) which has been appealed and the appeals process for which is completed;
(B) the term "Member" has the meaning given such term by section 2106, notwithstanding section 8331(2); and
(C) the term "child" has the meaning given such term by section 8341.
(
The section is reorganized for clarity.
Subsection (b)(B) is added on authority of
In subsection (c)(1)(B), the words "as that term is defined by
In subsection (c)(2), the words "under
In subsection (f), the words "without pay" are added after "leaves of absence" in the first sentence for clarity and to align it with the use of the term in the second sentence. The words "postal field service" are coextensive with and substituted for "postal service".
In subsection (g), the words "has left" are omitted as executed.
In subsection (i), the words "but nothing contained in this chapter [
In subsection (j), the words "or
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
| Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 8332(k)(1) 8332(k)(2) |
5 App.: 2253(k)(1). 5 App.: 2253(k)(2). |
July 18, 1966, |
In subsection (k)(1), the words "as defined by
In subsection (k)(2), the words "before July 18, 1966" are substituted for "prior to the date of enactment of this subsection". The words "as defined by
Editorial Notes
References in Text
The Economic Opportunity Act of 1964, referred to in subsecs. (b)(7) and (j)(1), (3), is
The Domestic Volunteer Service Act of 1973, referred to in subsecs. (b)(7) and (j)(1), (3), is
Section 410 of the Foreign Service Act of 1980, referred to in subsec. (b)(10), is classified to
The effective date of this paragraph, referred to in subsec. (b)(13), is Jan. 3, 1978, the effective date of section 111(2) of
The effective date of this paragraph, referred to in subsec. (b)(14), is Oct. 14, 1983, the date of enactment of
The date of the enactment of the Nonappropriated Fund Instrumentalities Employees' Retirement Credit Act of 1986, referred to in subsec. (b)(16), is the date of enactment of section 2 of
The Peace Corps Act, referred to in subsec. (j)(3), is
Section 67 of the Act entitled "An Act to provide a government for the Territory of Hawaii", approved April 30, 1900 (
Sections 4067 through 4070 of the Revised Statutes, referred to in subsec. (l)(1)(B)(iv), are classified to
The date of enactment of this subsection, referred to in subsec. (m)(1), means the date of enactment of
The date of enactment of this paragraph, referred to in subsec. (m)(2), is the date of enactment of
The Social Security Act, referred to in subsec. (m)(4), is act Aug. 14, 1935, ch. 531,
Section 10 of the Federal Reserve Act, referred to in subsec. (n), is section 10 of act Dec. 23, 1913, ch. 6,
The date of enactment of this subsection, referred to in subsec. (o)(2)(A)(iii), is the date of enactment of
The date of enactment of the STOCK Act, referred to in subsec. (o)(2)(A)(iii)(II), is the date of enactment of
Section 7201 of the Internal Revenue Code of 1986, referred to in subsec. (o)(2)(B)(xxv), is classified to
Section 104(a) of the Foreign Corrupt Practices Act of 1977, referred to in subsec. (o)(2)(B)(xxvi), is classified to
Section 10(b) of the Securities Exchange Act of 1934, referred to in subsec. (o)(2)(B)(xxvii), is classified to
Amendments
2012—Subsec. (o)(2)(A)(i), (ii).
Subsec. (o)(2)(A)(iii).
Subsec. (o)(2)(B).
2007—Subsec. (o).
2001—Subsec. (b).
Subsec. (b)(17).
2000—Subsec. (m)(2) to (4).
1999—Subsec. (m)(1)(A).
1996—Subsec. (b).
Subsec. (c)(1).
Subsec. (c)(4).
1994—Subsec. (c)(2)(B).
1993—Subsec. (j)(1).
Subsec. (j)(3).
1992—Subsec. (b).
1991—Subsec. (c)(2)(A)(ii).
Subsec. (n).
1990—Subsec. (b).
1987—Subsec. (b).
1986—Subsec. (b).
Subsec. (b)(13) to (15).
Subsec. (c)(3).
Subsec. (f).
Subsec. (j)(1).
Subsec. (k).
1984—Subsec. (b)(13).
1983—Subsec. (b).
Subsec. (b)(13).
Subsec. (f).
Subsec. (l)(1)(C).
1982—Subsec. (b)(12).
Subsec. (c).
Subsec. (c)(1)(A).
Subsec. (c)(1)(B).
Subsec. (j).
Subsec. (j)(2)(A).
1980—Subsec. (b)(10), (11).
Subsec. (m).
1979—Subsec. (b).
Subsec. (b)(6).
1978—Subsecs. (b), (j).
Subsec. (l).
1975—Subsec. (b)(7).
Subsec. (b)(8).
Subsec. (b)(9).
1973—Subsec. (b)(7).
1972—Subsec. (b).
1971—Subsec. (f).
1970—Subsec. (b).
1969—Subsec. (b)(7).
Subsec. (j).
1968—Subsec. (b).
Statutory Notes and Related Subsidiaries
Change of Name
Secretary of Health, Education, and Welfare redesignated Secretary of Health and Human Services by
Effective Date of 2001 Amendment
Effective Date of 1996 Amendment
Section 637(c) of
Effective Date of 1994 Amendment
Amendment by
Effective Date of 1993 Amendment
Section 371(c) of
"(1)
"(A)
"(i)
"(ii)
"(B)
"(i)
"(ii)
"(2)
"(A)
"(i) the numerator of which is the total of the wages (within the meaning of section 209 of the Social Security Act [
"(ii) the denominator of which is the total of all wages described in clause (i), plus all other wages (within the meaning of section 209 of such Act [
"(B)
"(i)
"(ii)
"(iii)
"(I) the first month the individual described in paragraph (1)(A)(ii) is entitled to old-age or survivors benefits under section 202 of the Social Security Act [
"(II) the first calendar month beginning after the date of enactment of this Act [Sept. 21, 1993], in the case of any individual entitled to such benefits for such month.
"(iv)
"(3)
"(4)
Amendment by section 371(a)(1) of
Section 406(b) of
Effective Date of 1991 Amendment
Section 466(c) of
Effective Date of 1990 Amendment
Section 3(a) of
"(1)
"(A)
"(i) separate from employment with the Government on or after the date of enactment of this Act [Nov. 6, 1990]; and
"(ii) make an appropriate deposit, in accordance with
"(B)
"(i) shall include interest, which shall be computed under section 8334(e) of such title (except that the rate of interest shall be 3 percent a year) from the midpoint of the period of additional service to the date deposit is made; and
"(ii) shall be made before date of retirement.
"(2)
"(A)
"(i) was employed under
"(ii) was separated from employment with the Government on or after January 1, 1969, and before the date of enactment of this Act [Nov. 6, 1990],
any annuity under subchapter III of
"(B)
"(3)
Effective Date of 1986 Amendments
Section 2(c) of
Section 502(c) of
"(1) The amendments made by this section [amending this section and
"(2) Upon application to the Office of Personnel Management, such amendments shall also apply to a survivor of an employee or Member whose date of death precedes such 180th day, except that any resulting recomputation shall not be effective for any period beginning before the 60th day after the date on which the application is received."
Amendment by
Effective Date of 1984 Amendment
Amendment by
Effective Date of 1983 Amendment
Section 111(2) of
Effective Date of 1982 Amendments
Section 3(n) of
Amendment by
Amendment by
Effective Date of 1980 Amendments
Section 4(b) of
Amendment by
Effective Date of 1979 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Effective Date of 1978 Amendment; Applicability to Annuities; Recomputation
Section 2 of
"(a) The amendments made by this Act [amending this section and
"(1) the date of the enactment of this Act [Sept. 22, 1978], or
"(2) October 1, 1978.
"(b) Subject to subsection (c) of this section, the amendments made by the first section of this Act [amending this section and
"(c)(1) An annuity or survivor annuity based on the service of an employee or Member who performed service described in
"(2) Any recomputation of an annuity under paragraph (1) shall apply with respect to months beginning more than 30 days after the date on which application for such recomputation is received in the Commission.
"(d)(1) The Civil Service Commission shall take such action as may be necessary and and appropriate to inform individuals entitled to have any service credited under
"(2) The Civil Service Commission shall, on request, assist any individual referred to in paragraph (1) in obtaining from any department, agency, or other instrumentality of the United States such information possessed by such instrumentality as may be necessary to verify the entitlement of such individual to have any service credited under such section 8332(l) or to have any annuity recomputed under subsection (c).
"(3) Any department, agency, or other instrumentality of the United States which possesses any information with respect to the internment or other detention of any employee or Member as described in such section 8332(l) shall, at the request of the Commission, furnish such information to the Commission."
Effective Date of 1972 Amendment
Amendment by
Effective Date of 1971 Amendment
Section 5(a) of
Effective Date of 1970 Amendment
Amendment by
Effective Date of 1969 Amendment
Amendment by
Effective Date of 1968 Amendment
Amendment by
Regulations
Section 4 of
Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see
Retirement Credit for Service of Certain Employees Transferred From District of Columbia Service to Federal Service
"(a)
"(1)
"(A) Sections 8333 and 8410 (relating to eligibility for annuity).
"(B) Sections 8336 (other than subsections (d), (h), and (p) thereof) and 8412 (relating to immediate retirement).
"(C) Sections 8338 and 8413 (relating to deferred retirement).
"(D) Sections 8336(d), 8336(h), 8336(p), and 8414 (relating to early retirement).
"(E) Section 8341 and subchapter IV of
"(F) Section 8337 and subchapter V of
"(2)
"(3)
"(b)
"(1) Service performed by an individual as a nonjudicial employee of the District of Columbia courts—
"(A) which was performed prior to the effective date of the amendments made by section 11246(b) of the Balanced Budget Act of 1997 [
"(B) for which the individual did not ever receive credit under the provisions of subchapter III of
"(2) Service performed by an individual as an employee of an entity of the District of Columbia government whose functions were transferred to the Pretrial Services, Parole, Adult Supervision, and Offender Supervision Trustee under section 11232 of the Balanced Budget Act of 1997 [
"(A) which was performed prior to the effective date of the individual's coverage as an employee of the Federal Government under section 11232(f) of such Act [
"(B) for which the individual did not ever receive credit under the provisions of subchapter III of
"(3) Service performed by an individual as an employee of the District of Columbia Public Defender Service—
"(A) which was performed prior to the effective date of the amendments made by section 7(e) of the District of Columbia Courts and Justice Technical Corrections Act of 1998 [
"(B) for which the individual did not ever receive credit under the provisions of subchapter III of
"(4) In the case of an individual who was an employee of the District of Columbia Department of Corrections who was separated from service as a result of the closing of the Lorton Correctional Complex and who was appointed to a position with the Bureau of Prisons, the District of Columbia courts, the Pretrial Services, Parole, Adult Supervision, and Offender Supervision Trustee, the United States Parole Commission, or the District of Columbia Public Defender Service, service performed by the individual as an employee of the District of Columbia Department of Corrections—
"(A) which was performed prior to the effective date of the individual's coverage as an employee of the Federal Government; and
"(B) for which the individual did not ever receive credit under the provisions of subchapter III of
"(c)
Former Employees of Legislative Service Organizations
"(1)
"(A)
"(i) to receive credit under the provisions of subchapter III of
"(ii) to have all pay for such service which was so paid by a source other than the Clerk Hire account of a Member included (in addition to any amounts otherwise included in basic pay) for purposes of computing an annuity payable out of the Civil Service Retirement and Disability Fund.
"(B)
"(i) the employee contributions that were actually made to such Fund under applicable provisions of law with respect to the service described in subparagraph (A); and
"(ii) the employee contributions that would have been required with respect to such service if the amounts described in subparagraph (A)(ii) had also been treated as basic pay.
The amount required under this subparagraph shall include interest, which shall be computed under
"(C)
"(i) any pay for such service (as described in subparagraph (A)(ii)) with respect to which the deposit under subparagraph (B) would otherwise be computed by applying the first sentence of
"(ii) any retirement benefits under subchapter III of
"(2)
"(3)
"(4)
"(5)
"(A)
"(B)
"(C)
"(6)
"(7)
Creditability of ICC Employee's Annual Leave for Purposes of Meeting Minimum Eligibility Requirements for Immediate Annuity
"(a)
"(b)
"(1) defining the types of leave for which credit may be given under this section (such definition to be similar to the corresponding provisions of the regulations under section 351.608(c)(2) of title 5 of the Code of Federal Regulations, as in effect on the date of the enactment of this Act [Dec. 29, 1995]);
"(2) limiting the amount of accrued annual leave which may be used for the purposes specified in subsection (a) to the minimum period of time necessary in order to permit such employee to attain first eligibility for an immediate annuity under
"(3) under which contributions (or arrangements for the making of contributions) shall be made so that—
"(A) employee contributions for any period of leave for which retirement credit may be obtained under this section shall be made by the employee; and
"(B) Government contributions with respect to such period shall similarly be made by the Interstate Commerce Commission or other appropriate officer or entity (out of appropriations otherwise available for such contributions); and
"(4) under which subsection (a) shall not apply with respect to an employee who declines a reasonable offer of employment in another position in the Department of Transportation made under this Act [see Tables for classification] or any amendment made by this Act.
"(c)
[Interstate Commerce Commission abolished and functions of Commission transferred, except as otherwise provided in
Creditability Under CSRS of Certain Service Performed Under Personal Service Contract With United States
"(a)
"(1)
"(A) before November 5, 1985; and
"(B) under a personal service contract with the United States, except as provided in paragraph (3).
"(2)
"(A)
"(i) states that the agency had intended, through such contract, that the individual involved (or that persons like the individual involved) be considered as having been appointed to a position in which such individual would be subject to subchapter III of
"(ii) indicates the period of service which was performed under the contract by the individual involved, and includes copies of appropriate records or other documentation to support the determination as to the length of such period.
"(B)
"(3)
"(A) a contract for which any appropriations, allocations, or funds were used under section 636(a)(3) of the Foreign Assistance Act of 1961 [
"(B) a contract entered into under section 10(a)(5) of the Peace Corps Act [
"(C) a contract under which the services of an individual may be terminated by a person other than the individual or the Government; or
"(D) a contract for a single transaction or a contract under which services are paid for in a single payment.
"(b)
"(1)
"(A) performed service for which credit is allowable under subsection (a), and
"(B) retired on an annuity payable under subchapter III of
any annuity under such subchapter based on the service of such individual shall be redetermined to take into account the amendment made by subsection (a) if application therefor is made, and the deposit requirement under such subsection is met, within 2 years after the date of the enactment of this Act.
"(2)
Clarification Relating to Consideration of Pre-1987 Service as Air Traffic Controller for Retirement Purposes
"(a) For purposes of subchapter III of
"(1) service as an air traffic controller shall, with respect to any annuity which is based on a separation from service, or death, occurring on or after January 1, 1987, include any service as an air traffic controller whether performed before, on, or after January 1, 1987; and
"(2) the Office of Personnel Management shall accept the certification of the Secretary, or the designee of the Secretary, in determining the amount of any service performed by an individual as an air traffic controller.
"(b) For purposes of this section—
"(1) the term 'air traffic controller' has the meaning given such term by
"(2) the term 'Secretary' has the meaning given such term by
Cadet Nurse Corps
Section 1 of
"(b) This section relates to any period of training as a student or graduate nurse under a plan approved under section 2 of the Act of June 15, 1943 (
"(c)(1) An individual may not receive credit for service pursuant to this Act [amending
"(A) within 14 months after the date of the enactment of this Act [Nov. 10, 1986], and in accordance with regulations under subsection (d), the individual files appropriate written application with the Office of Personnel Management;
"(B) at the time of filing the application under subparagraph (A), the individual is employed by the Government and subject to subchapter III of
"(C) before the date of the separation on which is based the individual's entitlement to an annuity under subchapter III of
"(2) The amount to be deposited shall be determined by the Office of Personnel Management in a manner consistent with applicable provisions of subchapter III of
"(d) The Office of Personnel Management shall, not later than 2 months after the date of the enactment of this Act [Nov. 10, 1986], prescribe regulations to carry out this Act [amending
Recomputation at Age 62 of Credit for Military Service of Current Annuitants
Section 307 of
"(a) The provisions of
"(b) Subject to subsection (b), in any case in which an individual described in subsection (a) is also entitled to old-age or survivors' insurance benefits under section 202 of the Social Security Act [
"(1) the numerator of which is the total of the wages (within the meaning of section 209 of the Social Security Act [
"(2) the denominator of which is the total of all wages and deemed additional wages described in paragraph (1) of this subsection plus all other wages (within the meaning of section 209 of such Act [
"(c) Subsection (b) shall not reduce the annuity of any individual below the amount of the annuity which would be payable under this subchapter to the individual for the determination month if
"(d) For purposes of this section, the term 'determination month' means—
"(1) the first month the individual described in subsection (a) is entitled to old-age or survivors' insurance benefits under section 202 of the Social Security Act [
"(2) October 1982, in the case of any individual so entitled to such benefits for such month.
"(e) The preceding provisions of this section shall take effect with respect to any annuity payment payable under subchapter III of
"(f) The Secretary of Health and Human Services shall furnish such information to the Office of Personnel Management as may be necessary to carry out the preceding provisions of this section."
District of Columbia Substitute Teachers
Section 2 of
National Guard Technicians
Amendment by section 5(a)(4) of
Creditable Service of Certain Commissioned Officers of the Regular or Reserve Corps of the Public Health Service
Section 6(a), (b) of
"(a) Except as provided in subsection (b), service as a commissioned officer in the Regular Corps of the Public Health Service prior to July 1, 1960, shall be considered, for purposes of credit under the Civil Service Retirement Act [this subchapter], other than section 3(f) thereof [
"(b) If a commissioned officer of the Regular or Reserve Corps of the Public Health Service is retired after June 30, 1960, and becomes entitled to retired pay from the Public Health Service, all service in the Regular or Reserve Corps of the Public Health Service prior to July 1, 1960, together with any other service which is performed at any time with the Public Health Service, other than as a commissioned officer, and which is credited to the officer for purposes of such retirement, shall be considered as military service for purposes of section 3(b) of the Civil Service Retirement Act [subsecs. (c)–(e) of this section]; except that, in the case of any such officer who is retired pursuant to subsection (a) of section 211 of the Public Health Service Act [
1 So in original. Probably should be paragraph "(14)".
2 See References in Text note below.
4 So in original. Probably should be "individual, spouse, or former spouse".
5 See 1986 Amendment note below.
§8333. Eligibility for annuity
(a) An employee must complete at least 5 years of civilian service before he is eligible for an annuity under this subchapter.
(b) An employee or Member must complete, within the last 2 years before any separation from service, except a separation because of death or disability, at least 1 year of creditable civilian service during which he is subject to this subchapter before he or his survivors are eligible for annuity under this subchapter based on the separation. If an employee or Member, except an employee or Member separated from the service because of death or disability, fails to meet the service requirement of the preceding sentence, the amounts deducted from his pay during the service for which no eligibility for annuity is established based on the separation shall be returned to him on the separation. Failure to meet this service requirement does not deprive the individual or his survivors of annuity rights which attached on a previous separation.
(c) A Member or his survivor is eligible for an annuity under this subchapter only if the amounts named by
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| (a), (b) | July 31, 1956, ch. 804, §401 "Sec. 3(f), (g)", |
|
| (c) | July 31, 1956, ch. 804, §401 "Sec. 6(f) (last sentence)", Aug. 27, 1958, |
In subsection (c), the words "eligible for" are substituted for "entitled to".
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Editorial Notes
Amendments
1975—Subsec. (c).
1969—Subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 1969 Amendment
Amendment by
§8334. Deductions, contributions, and deposits
(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,1 Court of Federal Claims judge, member of the Capitol Police, member of the Supreme Court Police, nuclear materials courier, or customs and border protection officer, as the case may be, the percentage of basic pay applicable under subsection (c).
(B)(i) Except as provided in clause (ii), an equal amount shall be contributed from the appropriation or fund used to pay the employee or, in the case of an elected official, from an appropriation or fund available for payment of other salaries of the same office or establishment. When an employee in the legislative branch is paid by the Chief Administrative Officer of the House of Representatives, the Chief Administrative Officer may pay from the applicable accounts of the House of Representatives the contribution that otherwise would be contributed from the appropriation or fund used to pay the employee.
(ii) In the case of an employee of the United States Postal Service, no amount shall be contributed under this subparagraph.
(2) The amounts so deducted and withheld, together with the amounts so contributed, shall be deposited in the Treasury of the United States to the credit of the Fund under such procedures as the Secretary of the Treasury may prescribe. Deposits made by an employee or Member also shall be credited to the Fund.
(b) Each employee or Member is deemed to consent and agree to these deductions from basic pay. Notwithstanding any law or regulation affecting the pay of an employee or Member, payment less these deductions is a full and complete discharge and acquittance of all claims and demands for regular services during the period covered by the payment, except the right to the benefits to which the employee or Member is entitled under this subchapter.
(c) Each employee or Member credited with civilian service after July 31, 1920, for which retirement deductions or deposits have not been made, may deposit with interest an amount equal to the following percentages of his basic pay received for that service:
| Percentage of basic pay | Service period | |
|---|---|---|
| Employee | 2½ | August 1, 1920, to June 30, 1926. |
| 3½ | July 1, 1926, to June 30, 1942. | |
| 5 | July 1, 1942, to June 30, 1948. | |
| 6 | July 1, 1948, to October 31, 1956. | |
| 6½ | November 1, 1956, to December 31, 1969. | |
| 7 | January 1, 1970, to December 31, 1998. | |
| 7.25 | January 1, 1999, to December 31, 1999. | |
| 7.4 | January 1, 2000, to December 31, 2000. | |
| 7 | After December 31, 2000. | |
| Member or employee for Congressional employee service | 2½ 3½ 5 6 |
August 1, 1920, to June 30, 1926. July 1, 1926, to June 30, 1942. July 1, 1942, to June 30, 1948. July 1, 1948, to October 31, 1956. |
| 6½ | November 1, 1956, to December 31, 1969. | |
| 7.5 | January 1, 1970, to December 31, 1998. | |
| 7.75 | January 1, 1999, to December 31, 1999. | |
| 7.9 | January 1, 2000, to December 31, 2000. | |
| 7.5 | After December 31, 2000. | |
| Member for Member service | 2½ 3½ |
August 1, 1920, to June 30, 1926. July 1, 1926, to June 30, 1942. |
| 5 | July 1, 1942, to August 1, 1946. | |
| 6 | August 2, 1946, to October 31, 1956. | |
| 7½ | November 1, 1956, to December 31, 1969. | |
| 8 | January 1, 1970, to December 31, 1998. | |
| 8.25 | January 1, 1999, to December 31, 1999. | |
| 8.4 | January 1, 2000, to December 31, 2000. | |
| 8.5 | January 1, 2001, to December 31, 2002. | |
| 8 | After December 31, 2002. | |
| Law enforcement officer for law enforcement service, member of the Supreme Court Police for Supreme Court Police service, and firefighter for firefighter service | 2½ 3½ 5 6 6½ 7 |
August 1, 1920, to June 30, 1926. July 1, 1926, to June 30, 1942. July 1, 1942, to June 30, 1948. July 1, 1948, to October 31, 1956. November 1, 1956, to December 31, 1969. January 1, 1970, to December 31, 1974. |
| 7.5 | January 1, 1975, to December 31, 1998. | |
| 7.75 | January 1, 1999, to December 31, 1999. | |
| 7.9 | January 1, 2000, to December 31, 2000. | |
| 7.5 | After December 31, 2000. | |
| Bankruptcy judge | 2½ 3½ |
August 1, 1920, to June 30, 1926. July 3, 1926, to June 30, 1942. |
| 5 | July 1, 1942, to June 30, 1948. | |
| 6 | July 1, 1948, to October 31, 1956. | |
| 6½ | November 1, 1956, to December 31, 1969. | |
| 7 | January 1, 1970, to December 31, 1983. | |
| 8 | January 1, 1984, to December 31, 1998. | |
| 8.25 | January 1, 1999, to December 31, 1999. | |
| 8.4 | January 1, 2000, to December 31, 2000. | |
| 8 | After December 31, 2000. | |
| Judge of the United States Court of Appeals for the Armed Forces for service as a judge of that court | 6 6½ 7 |
May 5, 1950, to October 31, 1956. November 1, 1956, to December 31, 1969. January 1, 1970, to (but not including) the date of the enactment of the Department of Defense Authorization Act, 1984. |
| 8 | The date of enactment of the Department of Defense Authorization Act, 1984, to December 31, 1998. | |
| 8.25 | January 1, 1999, to December 31, 1999. | |
| 8.4 | January 1, 2000, to December 31, 2000. | |
| 8 | After December 31, 2000. | |
| United States magistrate judge | 2½ 3½ |
August 1, 1920, to June 30, 1926. July 1, 1926, to June 30, 1942. |
| 5 | July 1, 1942, to June 30, 1948. | |
| 6 | July 1, 1948, to October 31, 1956. | |
| 6½ | November 1, 1956, to December 31, 1969. | |
| 7 | January 1, 1970, to September 30, 1987. | |
| 8 | October 1, 1987, to December 31, 1998. | |
| 8.25 | January 1, 1999, to December 31, 1999. | |
| 8.4 | January 1, 2000, to December 31, 2000. | |
| 8 | After December 31, 2000. | |
| Court of Federal Claims Judge | 2½ 3½ |
August 1, 1920, to June 30, 1926. July 1, 1926, to June 30, 1942. |
| 5 | July 1, 1942, to June 30, 1948. | |
| 6 | July 1, 1948, to October 31, 1956. | |
| 6½ | November 1, 1956, to December 31, 1969. | |
| 7 | January 1, 1970, to September 30, 1988. | |
| 8 | October 1, 1988, to December 31, 1998. | |
| 8.25 | January 1, 1999, to December 31, 1999. | |
| 8.4 | January 1, 2000, to December 31, 2000. | |
| 8 | After December 31, 2000. | |
| Member of the Capitol Police | 2.5 3.5 |
August 1, 1920, to June 30, 1926. July 1, 1926, to June 30, 1942. |
| 5 | July 1, 1942, to June 30, 1948. | |
| 6 | July 1, 1948, to October 31, 1956. | |
| 6.5 | November 1, 1956, to December 31, 1969. | |
| 7.5 | January 1, 1970, to December 31, 1998. | |
| 7.75 | January 1, 1999, to December 31, 1999. | |
| 7.9 | January 1, 2000, to December 31, 2000. | |
| 7.5 | After December 31, 2000. | |
| Nuclear materials courier | 7 | October 1, 1977 to October 16, 1998. |
| 7.5 | October 17, 1998 to December 31, 1998. | |
| 7.75 | January 1, 1999 to December 31, 1999. | |
| 7.9 | January 1, 2000 to December 31, 2000. | |
| 7.5 | After December 31, 2000. | |
| Customs and border protection officer | 7.5 | After June 29, 2008. |
Notwithstanding the preceding provisions of this subsection and any provision of section 206(b)(3) of the Federal Employees' Retirement Contribution Temporary Adjustment Act of 1983, the percentage of basic pay required under this subsection in the case of an individual described in section 8402(b)(2) shall, with respect to any covered service (as defined by section 203(a)(3) of such Act) performed by such individual after December 31, 1983, and before January 1, 1987, be equal to 1.3 percent, and, with respect to any such service performed after December 31, 1986, be equal to the amount that would have been deducted from the employee's basic pay under subsection (k) of this section if the employee's pay had been subject to that subsection during such period.
(d)(1) Each employee or Member who has received a refund of retirement deductions under this or any other retirement system established for employees of the Government covering service for which he may be allowed credit under this subchapter may deposit the amount received, with interest. Credit may not be allowed for the service covered by the refund until the deposit is made.
(2)(A) This paragraph applies with respect to any employee or Member who—
(i) separates before March 1, 1991, and receives (or elects, in accordance with applicable provisions of this subchapter, to receive) a refund (described in paragraph (1)) which relates to a period of service ending before March 1, 1991;
(ii) is entitled to an annuity under this subchapter (other than a disability annuity) which is based on service of such employee or Member, and which commences on or after December 2, 1990; and
(iii) does not make the deposit (described in paragraph (1)) required in order to receive credit for the period of service with respect to which the refund relates.
(B) Notwithstanding the second sentence of paragraph (1), the annuity to which an employee or Member under this paragraph is entitled shall (subject to adjustment under section 8340) be equal to an amount which, when taken together with the unpaid amount referred to in subparagraph (A)(iii), would result in the present value of the total being actuarially equivalent to the present value of the annuity which would otherwise be provided the employee or Member under this subchapter, as computed under subsections (a)–(i) and (n) of section 8339 (treating, for purposes of so computing the annuity which would otherwise be provided under this subchapter, the deposit referred to in subparagraph (A)(iii) as if it had been timely made).
(C) The Office of Personnel Management shall prescribe such regulations as may be necessary to carry out this paragraph.
(e)(1) Interest under subsection (c), (d)(1), (j), (k), or (l) of this section is computed in accordance with paragraphs (2) and (3) of this subsection and regulations prescribed by the Office of Personnel Management.
(2) Interest accrues annually on the outstanding portion of any amount that may be deposited under subsection (c), (d)(1), (j), (k), or (l) of this section, and is compounded annually, until the portion is deposited. Such interest is computed from the mid-point of each service period included in the computation, or from the date refund was paid. The deposit may be made in one or more installments. Interest may not be charged for a period of separation from the service which began before October 1, 1956.
(3) The rate of interest is 4 percent a year through December 31, 1947, and 3 percent a year beginning January 1, 1948, through December 31, 1984. Thereafter, the rate of interest for any calendar year shall be equal to the overall average yield to the Fund during the preceding fiscal year from all obligations purchased by the Secretary of the Treasury during such fiscal year under
(f) Under such regulations as the Office of Personnel Management may prescribe, amounts deducted under subsection (a) or (k) of this section and deposited under subsections (c) and (d)(1) of this section shall be entered on individual retirement records.
(g) Deposit may not be required for—
(1) service before August 1, 1920;
(2) military service, except to the extent provided under section 8332(c) or
(3) service for the Panama Railroad Company before January 1, 1924;
(4) service performed before October 29, 1983,,2 by natives of the Pribilof Islands in the taking and curing of fur seal skins and other activities in connection with the administration of the Pribilof Islands except where deductions, contributions, and deposits were made before October 29, 1983;
(5) days of unused sick leave credited under
(6) any period for which credit is allowed under
(h) For the purpose of survivor annuities, deposits authorized by subsections (c), (d)(1), (j), and (k) of this section may also be made by a survivor of an employee or Member.
(i)(1) The Director of the Administrative Office of the United States Courts shall pay to the Fund the amount which an employee may deposit under subsection (c) of this section for service creditable under
(2) The amount the Director pays in accordance with paragraph (1) of this subsection shall be reduced by the amount of any refund to the employee under
(3) Notwithstanding any other provision of law, the amount the Director pays under this subsection shall constitute an employer contribution to the Fund, excludable under section 402 of the Internal Revenue Code of 1986 from the employee's gross income until such time as the contribution is distributed or made available to the employee, and shall not be subject to refund or to lump-sum payment to the employee.
(4) Notwithstanding any other provision of law, a bankruptcy judge or magistrate judge who is covered by
(5) Notwithstanding any other provision of law, a judge who is covered by
(6) Notwithstanding any other provision of law, a judge of the United States Court of Federal Claims who is covered by
(j)(1)(A) Except as provided in subparagraph (B), and subject to paragraph (5), each employee or Member who has performed military service 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 shall issue, to the agency by which the employee is employed, or, in the case of a Member or a Congressional employee, to the Secretary of the Senate or the Chief Administrative Officer of the House of Representatives, as appropriate, an amount equal to 7 percent of the amount of the basic pay paid under
(B) In any case where military service interrupts creditable civilian service under this subchapter and reemployment pursuant to
(2) Any deposit made under paragraph (1) of this subsection more than two years after the later of—
(A) October 1, 1983; or
(B) the date on which the employee or Member making the deposit first becomes an employee or Member following the period of military service for which such deposit is due,
shall include interest on such amount computed and compounded annually beginning on the date of the expiration of the two-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) of this section.
(3) Any payment received by an agency, the Secretary of the Senate, or the Chief Administrative Officer of the House of Representatives under this subsection shall be immediately remitted to the Office for deposit in the Treasury of the United States to the credit of the Fund.
(4) The Secretary of Defense, the Secretary of Transportation, the Secretary of Commerce, or the Secretary of Health and Human Services, as appropriate, shall furnish such information to the Office as the Office may determine to be necessary for the administration of this subsection.
(5) Effective with respect to any period of military service after December 31, 1998, the percentage of basic pay under
(6)(A) In calculating and processing the deposit under paragraph (1) with respect to an employee, Member, or annuitant, if the employing agency of such employee, Member, or annuitant makes an administrative error, such employing agency may pay, on behalf of the employee, Member, or annuitant, any additional interest assessed due to the administrative error.
(B) For purposes of subparagraph (A), the Secretary of the Senate or the Chief Administrative Officer of the House of Representatives, as appropriate, shall be considered the employing agency of a Member or Congressional employee.
(C) The Director of the Office of Personnel Management shall issue such regulations as are necessary to carry out this paragraph.
(k)(1) Effective with respect to pay periods beginning after December 31, 1986, in administering this section in the case of an individual described in
(A) the amount to be deducted and withheld by the employing agency shall be determined in accordance with paragraph (2) of this subsection instead of subsection (a)(1)(A); and
(B) the amount of the contribution under subparagraph (B) of subsection (a)(1) shall be the amount which would have been contributed under such subparagraph if this subsection had not been enacted.
(2)(A) With respect to Federal wages of an employee or Member (or that portion thereof) not exceeding the contribution and benefit base during the calendar year involved, the appropriate amount to be deducted and withheld under this subsection is the amount by which—
(i) the total deduction for those wages (or for that portion) exceeds;
(ii) the OASDI contribution with respect to those wages (or that portion).
(B) With respect to any portion of Federal wages of an employee or Member which exceed the contribution and benefit base during the calendar year involved, the appropriate amount to be deducted and withheld under this subsection is an amount equal to the total deduction for that portion.
(C) For purposes of this paragraph—
(i) the term "Federal wages" means basic pay for service as an employee or Member, as the case may be;
(ii) the term "contribution and benefit base" means the contribution and benefit base in effect with respect to the period involved, as determined under section 230 of the Social Security Act;
(iii) the term "total deduction", as used with respect to any Federal wages (or portion thereof), means an amount equal to the amount of those wages (or of that portion), multiplied by the percentage which (but for this subsection) would apply under subsection (a)(1)(A) with respect to the individual involved; and
(iv) the term "OASDI contribution", with respect to any income, means the amount of tax which may be imposed under section 3101(a) of the Internal Revenue Code of 1986 with respect to such income (determined without regard to any income which is not a part of Federal wages).
(3) The amount of a deposit under subsection (c) of this section for any service with respect to which paragraph (1) of this subsection applies shall be equal to an amount determined based on the preceding provisions of this subsection, and shall include interest.
(4) In administering paragraphs (1) through (3)—
(A) the term "an individual described in
(i) who is subject to this subchapter as a result of a provision of law described in section 8347(o), and
(ii) whose employment (as described in section 8347(o)) is also employment for purposes of title II of the Social Security Act and
(B) the term "Federal wages", as applied with respect to any individual to whom this subsection applies as a result of subparagraph (A), means basic pay for any employment referred to in subparagraph (A)(ii).
(l)(1) Each employee or Member who has performed service as a volunteer or volunteer leader under part A of title VIII of the Economic Opportunity Act of 1964, as a full-time volunteer enrolled in a program of at least 1 year's duration under part A, B,3 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,3 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.
(5)(A) In calculating and processing the deposit under paragraph (1) with respect to an employee, Member, or annuitant, if an employing agency of such employee, Member, or annuitant makes an administrative error that causes additional interest assessed to accrue on the deposit, the employing agency may pay, on behalf of the employee, Member, or annuitant, any additional interest assessed due to the administrative error.
(B) In calculating and processing the deposit under paragraph (1) with respect to an employee, Member, or annuitant, if the Office of Personnel Management makes an administrative error that causes additional interest assessed to accrue on the deposit, the Office of Personnel Management may pay, on behalf of the employee, Member, or annuitant, any additional interest assessed due to the administrative error.
(C) For purposes of subparagraph (A), the Secretary of the Senate or the Chief Administrative Officer of the House of Representatives, as appropriate, shall be considered the employing agency of a Member or congressional employee.
(D) The Director of the Office of Personnel Management shall issue such regulations as are necessary to carry out this paragraph.
(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).
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| July 1, 1957, |
||
| July 31, 1956, ch. 804, §401 "Sec. 4", |
||
| June 29, 1957, |
||
| May 27, 1958, |
||
| Aug. 27, 1958, |
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 June 30, 1957" in former section 2254 are omitted as executed. The words "on and after July 1, 1957" in former
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.
| Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 8334(g)(4) | 5 App.: 2254(g). | Nov. 2, 1966, |
Editorial Notes
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
Sections 203 and 206 of the Federal Employees' Retirement Contribution Temporary Adjustment Act of 1983 [
Sections 402 and 3101(a) and
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
The Social Security Act, referred to in subsec. (k)(2)(C)(ii), (4)(A)(ii), is act Aug. 14, 1935, ch. 531,
The Economic Opportunity Act of 1964, referred to in subsec. (l)(1), is
The Domestic Volunteer Service Act of 1973, referred to in subsec. (l)(1), is
The Peace Corps Act, referred to in subsec. (l)(1), is
Amendments
2018—Subsec. (j)(6).
Subsec. (l)(5).
2009—Subsec. (d)(2)(A)(i).
2007—Subsec. (a)(1)(A).
Subsec. (c).
2006—Subsec. (a)(1)(B)(ii).
"(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).
Subsec. (k)(1)(A).
Subsec. (k)(1)(B).
Subsec. (k)(2)(C)(iii).
2001—Subsec. (n).
2000—Subsec. (a)(1).
Subsec. (c).
1999—Subsec. (c).
1998—Subsec. (a)(1).
Subsec. (c).
1997—Subsec. (a)(1).
Subsec. (c).
Subsec. (j)(1)(A).
Subsec. (j)(5).
Subsec. (l)(1).
Subsec. (l)(4).
Subsec. (m).
1996—Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (j)(1)(A), (3).
1994—Subsec. (a)(1).
Subsec. (c).
Subsec. (j)(1).
Subsec. (j)(2)(B).
1993—Subsec. (e)(1), (2).
Subsec. (h).
Subsec. (l).
1992—Subsec. (a)(1).
Subsec. (c).
Subsec. (i)(5).
Subsec. (i)(6).
1991—Subsec. (i)(5).
1990—Subsec. (a)(1).
Subsec. (c).
Subsec. (d).
Subsec. (e)(1), (2).
Subsec. (f).
Subsec. (h).
Subsec. (i)(5).
1989—Subsec. (i)(5).
1988—Subsec. (c).
Subsec. (i)(4).
Subsec. (k)(4).
1987—Subsec. (a)(1).
Subsec. (c).
1986—Subsec. (c).
Subsec. (e)(1), (2).
Subsec. (f).
Subsec. (h).
Subsec. (i)(3).
Subsec. (k).
Subsec. (k)(2)(C)(iv).
1984—Subsec. (a)(1).
Subsec. (c).
Subsec. (h).
1983—Subsec. (a)(1).
Subsec. (c).
Subsec. (g)(4).
Subsec. (j)(2)(A).
1982—Subsec. (e).
Subsec. (e)(3).
Subsec. (g)(2).
Subsec. (h).
Subsec. (i).
Subsec. (j).
Subsec. (j)(1).
1978—Subsec. (c).
Subsec. (f).
Subsec. (g)(6).
1975—Subsec. (c),
Subsec. (g)(5).
1974—Subsec. (a)(1).
Subsec. (c).
1972—Subsec. (g)(5).
1969—Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (c).
Subsec. (g)(5).
1968—Subsec. (c).
Statutory Notes and Related Subsidiaries
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
Effective Date of 2009 Amendment
Effective Date of 2007 Amendment; Transition Rules
Amendment by
Effective Date of 2006 Amendment
"(a)
"(b)
Effective Date of 2003 Amendment
Effective Date of 2001 Amendment
Amendment by
Effective Date of 2000 Amendments
Amendment by
Effective Date of 1998 Amendment
Amendment by
Effective Date of 1997 Amendments
"(1)
"(A) October 1, 1997; or
"(B) if later, the date of enactment of this Act [Aug. 5, 1997].
"(2)
Effective Date of 1994 Amendment
Amendment by
Effective Date of 1993 Amendments
Amendment by
Amendment by
Effective Date of 1992 Amendment
Amendment by
Effective Date of 1990 Amendments
Amendment by
Effective Date of 1988 Amendments
Amendment by
Effective Date of 1987 Amendment
Amendment by
Effective Date of 1986 Amendment
Amendment by
Effective Date of 1984 Amendments
Amendment by
Amendment by
Effective Date of 1983 Amendment
Effective Date of 1982 Amendments
"The amendments made by subsections (a) and (b) [amending this section and
Amendment by section 306(d), (e) of
Amendment by
Effective Date of 1978 Amendments
Amendment by
Amendment by
Amendment by
Effective Date of 1975 Amendment
Effective Date of 1974 Amendment
Amendment by
Effective Date of 1972 Amendment
Amendment by
Effective Date of 1969 Amendment
Amendment by
Effective Date of 1968 Amendment
Amendment by
Authorization of Payments
Contributions to Federal Civil Service Retirement System
"(1) 7.5 percent of the basic pay of an employee;
"(2) 8 percent of the basic pay of a congressional employee, a law enforcement officer, a member of the Capitol Police, a firefighter, or a nuclear materials courier; and
"(3) 8.5 percent of the basic pay of a Member of Congress, a Court of Federal Claims judge, a United States magistrate [now United States magistrate judge], a judge of the United States Court of Appeals for the Armed Forces, or a bankruptcy judge,
in lieu of the agency contributions otherwise required under section 8334(a)(1) of such title 5."
Section 7001(a)(1), (2) of
"(1)
"(A)
"(i) 8.51 percent of the basic pay of an employee;
"(ii) 9.01 percent of the basic pay of a congressional employee, a law enforcement officer, a member of the Capitol police, or a firefighter; and
"(iii) 9.51 percent of the basic pay of a Member of Congress, a Court of Federal Claims judge, a United States magistrate [now United States magistrate judge], a judge of the United States Court of Appeals for the Armed Forces, or a bankruptcy judge;
in lieu of the agency contributions otherwise required under
"(B)
"(2)
"(A) shall not be reduced as a result of the amendments made under paragraph (3) of this subsection; and
"(B) shall be computed as though such amendments had not been enacted."
Offsets To Prevent Full Double Coverage for Employees of Park Police and Secret Service
Section 103(e) of
"(1) any deposits under the District of Columbia Police and Firefighters' Retirement and Disability System shall be adjusted in a manner consistent with
"(2) any benefits payable under the District of Columbia Police and Firefighters' Retirement and Disability System based on the service of any such employee shall be adjusted in a manner consistent with
[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
Refunds of Certain Excess Deductions Taken After 1983 To Offset Employees Under CSRS
Section 128 of
"(a)
"(1) was subject to
"(2) is not eligible to make an election under section 301(b) of the Federal Employees' Retirement System Act of 1986 (
"(3) becomes subject to
"(b)
"(1) for the period beginning on January 1, 1984, and ending on December 31, 1986, for the amount by which—
"(A) the total amount deducted from such individual's basic pay under
"(B) 1.3 percent of such individual's total basic pay for such period; and
"(2) for the period beginning on January 1, 1987, and ending on the day before such individual becomes subject to
"(A) the total amount deducted from such individual's basic pay under
"(B) the total amount which would have been deducted if such individual's basic pay had instead been subject to
"(c)
National Guard Technicians
Amendment by
1 So in original. Probably should be "United States magistrate judge,".
3 See References in Text note below.
§8335. Mandatory separation
(a) An air traffic controller shall be separated from the service on the last day of the month in which he becomes 56 years of age or completes the age and service requirements for an annuity under section 8336(e), whichever occurs later. The Secretary, under such regulations as he may prescribe, may exempt a controller having exceptional skills and experience as a controller from the automatic separation provisions of this subsection until that controller becomes 61 years of age. The Secretary shall notify the controller in writing of the date of separation at least 60 days before that date. Action to separate the controller is not effective, without the consent of the controller, until the last day of the month in which the 60-day notice expires. For purposes of this subsection, the term "air traffic controller" or "controller" has the meaning given to it under section 8331(29)(A).1
(b)(1) A law enforcement officer, firefighter, nuclear materials courier, or customs and border protection officer who is otherwise eligible for immediate retirement under section 8336(c) shall be separated from the service on the last day of the month in which that officer, firefighter, or courier, as the case may be, becomes 57 years of age or completes 20 years of service if then over that age. The head of the agency, when in his judgment the public interest so requires, may exempt such an employee from automatic separation under this subsection until that employee becomes 60 years of age. The employing office shall notify the employee in writing of the date of separation at least 60 days in advance thereof. Action to separate the employee is not effective, without the consent of the employee, until the last day of the month in which the 60-day notice expires.
(2) 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 authority to grant exemptions in accordance with the preceding sentence shall cease to be available after December 31, 2011.
(c) A member of the Capitol Police who is otherwise eligible for immediate retirement under section 8336(m) shall be separated from the service on the last day of the month in which such member becomes 57 years of age or completes 20 years of service if then over that age. The Capitol Police Board, when in its judgment the public interest so requires, may exempt such a member from automatic separation under this subsection until that member becomes 60 years of age. The Board shall notify the member in writing of the date of separation at least 60 days in advance thereof. Action to separate the member is not effective, without the consent of the member, until the last day of the month in which the 60-day notice expires.
(d) A member of the Supreme Court Police who is otherwise eligible for immediate retirement under section 8336(n) shall be separated from the service on the last day of the month in which such member becomes 57 years of age or completes 20 years of service if then over that age. The Marshal of the Supreme Court of the United States, when in his judgment the public interest so requires, may exempt such a member from automatic separation under this subsection until that member becomes 60 years of age. The Marshal shall notify the member in writing of the date of separation at least 60 days in advance thereof. Action to separate the member is not effective, without the consent of the member, until the last day of the month in which the 60-day notice expires.
(f) 2 The President, by Executive order, may exempt an employee (other than a member of the Capitol Police or the Supreme Court Police) from automatic separation under this section when he determines the public interest so requires.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| July 31, 1956, ch. 804, §401 "Sec. 5", Feb. 7, 1964, |
Standard changes are made to conform with the definitions applicable and style of this title as outlined in the preface to the report.
Editorial Notes
References in Text
For definition of Secretary, referred to in subsec. (a), see
Section 8331(29)(A), referred to in subsec. (a), was redesignated as section 8331(30)(A) by
Amendments
2010—Subsec. (b)(2).
2007—Subsec. (b)(1).
2004—Subsec. (b).
Subsec. (b)(2).
2003—Subsec. (a).
2001—Subsec. (a).
Subsec. (b).
2000—Subsec. (c).
Subsec. (d).
Subsec. (e).
Subsec. (f).
1998—Subsec. (b).
1994—Subsec. (d).
1992—Subsec. (b).
1990—Subsec. (b).
Subsec. (d).
Subsec. (e).
1980—Subsec. (a).
1979—Subsec. (c).
1978—Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (d).
Subsec. (e).
Subsecs. (f), (g).
1974—Subsec. (g).
1972—Subsec. (f).
Statutory Notes and Related Subsidiaries
Effective Date of 2007 Amendment; Transition Rules
Amendment by
Effective Date of 2003 Amendments
Amendment by
Effective Date of 2001 Amendment
Effective Date of 2000 Amendment
Amendment by
Effective Date of 1998 Amendment
Amendment by
Effective Date of 1992 Amendment
Amendment by section 2(60) of
Effective Date of 1990 Amendments
Section 529 [title IV, §409(c)] of
Section 2(b)(1)(B) of
Effective Date of 1980 Amendment
Amendment by
Effective Date of 1979 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Effective Date of 1974 Amendment
Amendment by
Effective Date of 1972 Amendment
Amendment by
Exemption Process To Delay Mandatory Retirement for Air Traffic Controllers
Nonapplicability of Subsection (a) to Air Traffic Controllers Appointed Before January 1, 1987
"(a)
"(b)
"(1) is an air traffic controller within the meaning of
"(2) is not an air traffic controller within the meaning of
Nonapplicability of Subsection (a) to Department of Defense Air Traffic Controllers Appointed Before September 12, 1980
Section 2 of
Nonapplicability of Subsection (f) to Air Traffic Controllers Appointed Before May 16, 1972
Section 8 of
1 See References in Text note below.
2 So in original. Probably should be "(e)".
§8336. Immediate retirement
(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 ending September 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.
(3)(A) In this paragraph—
(i) the term "affected individual" means an individual covered under this subchapter who—
(I) is performing service in a covered position;
(II) while on duty, becomes ill or is injured as a direct result of the performance of such duties before the date on which the individual becomes entitled to an annuity under paragraph (1) of this subsection or subsection (e), (m), or (n), as applicable;
(III) because of the illness or injury described in subclause (II), is permanently unable to render useful and efficient service in the employee's covered position, as determined by the agency in which the individual was serving when such individual incurred the illness or injury; and
(IV) is appointed to a position in the civil service that—
(aa) is not a covered position; and
(bb) is within an agency that regularly appoints individuals to supervisory or administrative positions related to the activities of the former covered position of the individual;
(ii) the term "covered position" means a position as a law enforcement officer, customs and border protection officer, firefighter, air traffic controller, nuclear materials courier, member of the Capitol Police, or member of the Supreme Court Police.
(B) Unless an affected individual files an election described in subparagraph (E), creditable service by the affected individual in a position described in subparagraph (A)(i)(IV) shall be treated as creditable service in a covered position for purposes of this chapter and determining the amount to be deducted and withheld from the pay of the affected individual under section 8334.
(C) Subparagraph (B) shall only apply if the affected employee transitions to a position described in subparagraph (A)(i)(IV) without a break in service exceeding 3 days.
(D) The service of an affected individual shall no longer be eligible for treatment under subparagraph (B) if such service occurs after the individual—
(i) is transferred to a supervisory or administrative position related to the activities of the former covered position of the individual; or
(ii) meets the age and service requirements that would subject the individual to mandatory separation under section 8335 if such individual had remained in the former covered position.
(E) In accordance with procedures established by the Director of the Office of Personnel Management, an affected individual may file an election to have any creditable service performed by the affected individual treated in accordance with this chapter without regard to subparagraph (B).
(F) Nothing in this paragraph shall be construed to apply to such affected individual any other pay-related laws or regulations applicable to a covered position.
(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 1 of Personnel Management (upon request of the agency) under regulations prescribed by the Office—
(i) such agency (or, if applicable, the component in which the employee is serving) is undergoing substantial delayering, substantial reorganization, substantial reductions in force, substantial transfer of function, or other substantial workforce restructuring (or shaping);
(ii) a significant percentage of employees servicing 2 in such agency (or component) are likely to be separated or subject to an immediate reduction in the rate of basic pay (without regard to subchapter VI of
(iii) identified as being in positions which are becoming surplus or excess to the agency's future ability to carry out its mission effectively; and
(E) as determined by the agency under regulations prescribed by the Office, is within the scope of the offer of voluntary early retirement, which may be made on the basis of—
(i) 1 or more organizational units;
(ii) 1 or more occupational series or levels;
(iii) 1 or more geographical locations;
(iv) specific periods;
(v) skills, knowledge, or other factors related to a position; or
(vi) any appropriate combination of such factors;
after completing 25 years of service or after becoming 50 years of age and completing 20 years of service is entitled to an annuity. For purposes of paragraph (1) of this subsection, 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. 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.
(e) An employee who is voluntarily or involuntarily separated from the service, except by removal for cause on charges of misconduct or delinquency, after completing 25 years of service as an air traffic controller or after becoming 50 years of age and completing 20 years of service as an air traffic controller, is entitled to an annuity.
(f) An employee who is separated from the service after becoming 62 years of age and completing 5 years of service is entitled to an annuity.
(g) A Member who is separated from the service 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 Member service is entitled to an annuity. A Member who is separated from the service after becoming 55 years of age (but before becoming 60 years of age) and completing 30 years of service is entitled to a reduced annuity. A Member who is separated from the service, except by resignation or expulsion, after completing 25 years of service or after becoming 50 years of age and (1) completing 20 years of service or (2) serving in 9 Congresses is entitled to an annuity.
(h)(1) A member of the Senior Executive Service who is removed from the Senior Executive Service for less than fully successful executive performance (as determined under subchapter II of
(2) A member of the Defense Intelligence Senior Executive Service or the Senior Cryptologic Executive Service who is removed from such service for failure to be recertified as a senior executive or for less than fully successful executive performance after completing 25 years of service or after becoming 50 years of age and completing 20 years of service is entitled to an annuity.
(3) A member of the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service who is removed from such service for failure to be recertified as a senior executive or for less than fully successful executive performance after completing 25 years of service or after becoming 50 years of age and completing 20 years of service is entitled to an annuity.
(i)(1) An employee of the Panama Canal Commission or of an Executive agency conducting operations in the Canal Zone or Republic of Panama who is separated from the service before January 1, 2000, who was employed by the Canal Zone Government or the Panama Canal Company at any time during the period beginning March 31, 1979, and ending September 30, 1979, and who has had continuous Panama Canal service, without a break in service of more than 3 days, from that time until separation, is entitled to an annuity if the employee is separated—
(A) involuntarily, after completing 20 years of service or after becoming 48 years of age and completing 18 years of service, if the separation is a result of the implementation of any provision of the Panama Canal Treaty of 1977 and related agreements; or
(B) voluntarily, after completing 23 years of service or after becoming 48 years of age and completing 18 years of service.
(2) An employee of the Panama Canal Commission or of an Executive agency conducting operations in the Canal Zone or Republic of Panama who is separated from the service before January 1, 2000, who was employed, at a permanent duty station in the Canal Zone, by any Executive agency other than the Canal Zone Government or the Panama Canal Company at any time during the period beginning March 31, 1979, and ending September 30, 1979, and who has had continuous Panama Canal service, without a break in service of more than 3 days, from that time until separation, is entitled to an annuity if—
(A) the employee is separated involuntarily, after completing 20 years of service or after becoming 48 years of age and completing 18 years of service; and
(B) the separation is the result of the implementation of any provision of the Panama Canal Treaty of 1977 and related agreements.
(3) An employee of the Panama Canal Commission employed by that body after September 30, 1979, who is separated from the Panama Canal Commission before January 1, 2000, and who at the time of separation has a minimum of 11 years of continuous employment with the Commission (disregarding any break in service of 3 days or less) is entitled to an annuity if the employee is separated—
(A) involuntarily, after completing 20 years of service or after becoming 48 years of age and completing 18 years of service, if the separation is a result of the implementation of any provision of the Panama Canal Treaty of 1977 and related agreements; or
(B) voluntarily, after completing 23 years of service or after becoming 48 years of age and completing 18 years of service.
(4) For the purpose of this subsection—
(A) "Panama Canal service" means—
(i) service as an employee of the Canal Zone Government, the Panama Canal Company, or the Panama Canal Commission; or
(ii) service at a permanent duty station in the Canal Zone or Republic of Panama as an employee of an Executive agency conducting operations in the Canal Zone or the Republic of Panama; and
(B) "Executive agency" includes the United States District Court for the District of the Canal Zone and the Smithsonian Institution.
(j)(1) Except as provided in paragraph (3), an employee is entitled to an annuity if he—
(A)(i) is separated from the service after completing 25 years of service or after becoming 50 years of age and completing 20 years of service, or
(ii) is involuntarily separated, except by removal for cause on charges of misconduct or delinquency, during the 2-year period before the date on which he would meet the years of service and age requirements under clause (i),
(B) was employed in the Bureau of Indian Affairs, the Indian Health Service, a tribal organization (to the extent provided in paragraph (2)), or any combination thereof, continuously from December 21, 1972, to the date of his separation, and
(C) is not entitled to preference under the Indian preference laws.
(2) Employment in a tribal organization may be considered for purposes of paragraph (1)(B) of this subsection only if—
(A) the employee was employed by the tribal organization after January 4, 1975, and immediately before such employment he was an employee of the Bureau of Indian Affairs or the Indian Health Service, and
(B) at the time of such employment such employee and the tribal organization were eligible to elect, and elected, to have the employee retain the coverage, rights, and benefits of this chapter under section 105(e)(2) of the Indian Self-Determination Act (
(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 (
(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
(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.
(
Applicability of Amendment
For provisions relating to delayed applicability of amendment by
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| July 31, 1956, ch. 804, §401 "Sec. 6 (less last sentence in (f))", |
||
| July 7, 1960, |
||
| July 12, 1960, |
Standard changes are made to conform with the definition applicable and the style of this title as outlined in the preface to the report.
| 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, |
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
Editorial Notes
References in Text
Section 105(e)(2) of the Indian Self-Determination Act (
The date of the enactment of this paragraph, referred to in subsec. (j)(3)(A)(ii), is Dec. 5, 1979, the date of the enactment of
Section 12 of the Act of June 18, 1934 (
Amendments
2022—Subsec. (c)(3).
2007—Subsec. (c)(1).
Subsecs. (m), (n).
2002—Subsec. (d)(2).
"(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
Subsec. (h)(1).
2001—Subsec. (d)(2).
Subsecs. (o), (p).
2000—Subsec. (d)(2).
Subsec. (n).
Subsec. (o).
1999—Subsecs. (d)(2), (o).
1998—Subsec. (c)(1).
Subsec. (d)(2).
Subsec. (o).
1994—Subsec. (l).
1992—Subsec. (k).
1990—Subsec. (i)(3), (4).
Subsec. (k).
Subsecs. (m), (n).
1989—Subsec. (h)(1).
Subsec. (h)(2), (3).
1988—Subsec. (h)(3).
1987—Subsec. (k).
1985—Subsec. (j)(3)(A).
1984—Subsec. (d).
Subsec. (k).
Subsec. (l).
Subsec. (m).
1983—Subsecs. (k), (l).
1982—Subsec. (d).
1981—Subsec. (h).
1979—Subsec. (c).
Subsec. (i).
Subsec. (j).
Subsec. (k).
1978—Subsec. (d)(2).
Subsecs. (h), (i).
1975—Subsecs. (d), (g).
1974—Subsec. (c).
1973—Subsec. (d).
1972—Subsec. (c).
Subsecs. (e) to (h).
Statutory Notes and Related Subsidiaries
Change of Name
"United States magistrate judge" substituted for "United States magistrate" wherever appearing in subsec. (k) pursuant to section 321 of
Secretary and Department of Health, Education, and Welfare redesignated Secretary and Department of Health and Human Services by
Effective Date of 2022 Amendment
"(1) shall take effect on the date of enactment of this Act [Dec. 9, 2022]; and
"(2) shall apply to an individual who suffers an illness or injury described in section 8336(c)(3)(A)(i)(II) or
Effective Date of 2007 Amendment; Transition Rules
Amendment by
Effective Date of 2002 Amendment
Amendment by
Effective Date of 2000 Amendment
Amendment by
Effective Date of 1998 Amendment
Amendment by section 3154(e) of
Effective Date of 1992 Amendment
Amendment by
Effective Date of 1990 Amendment
Amendment by
Effective Date of 1989 Amendment
Amendment by
Effective Date of 1987 Amendment
Amendment by
Effective Date of 1984 Amendments
Amendment by
Amendment by
Amendment by
Effective Date of 1982 Amendment
Section 308(b) of
Effective Date of 1981 Amendment
Amendment by
Effective Date of 1979 Amendments
Section 1(d) of
Section 1241(b)(1) of
Effective Date of 1978 Amendment
Amendment by section 306 of
Amendment by section 412 of
Effective Date of 1974 Amendment
Amendment by
Effective Date of 1972 Amendment
Amendment by
Regulations
"(1)
"(2)
"(3)
"(4)
"(A) was incurred in the course of the employee's or special agent's duties; and
"(B) permanently precludes the employee or special agent from rendering useful and efficient service in the covered position but would not preclude the employee or special agent from continuing to serve in the Federal service.
"(5)
"(6)
Termination of United States District Court for the District of the Canal Zone
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 Oct. 1, 1979, and ending midnight Mar. 31, 1982, see Paragraph 5 of Article XI of the Panama Canal Treaty of 1977 and sections 2101 and 2201 to 2203(a) of
Sense of Congress
"(1) it is in the best national and homeland security interests of the United States for Federal agencies to retain the specialized knowledge and experience of individuals who suffer an injury or illness while serving in a covered position (as defined under the amendments made by this Act [see Effective Date of 2022 Amendment note set out above]); and
"(2) Federal agencies should ensure, to the greatest extent possible, that an individual who can no longer carry out the duties of a covered position, and is reappointed to a position in the civil service that is not a covered position, is reappointed within the same Federal agency, in the same geographic location, and at a level of pay commensurate to the position which the individual held immediately prior to such injury or illness."
Government Accountability Office: Voluntary Early Retirement
"(a)
" '(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)
" '(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;'.
"(c)
"(d)
"(1) geographic area, organizational unit, or occupational series or level;
"(2) skills, knowledge, or performance; or
"(3) such other similar factors (or combination of factors described in this or any other paragraph of this subsection) as the Comptroller General considers necessary and appropriate in order to achieve the purpose involved.
"(e)
Application of Subsection (d)(2)
Indian Preference Laws Applicable to Bureau of Indian Affairs and Indian Health Service Positions
Nonapplicability of annuity provisions of subsec. (j) of this section to individuals accepting waiver of Indian preference laws with respect to personnel actions, see
Individuals Entitled to Annuity Payments for Period Prior to October 1, 1979
Section 1241(b)(2) of
1 So in original. Probably should be capitalized.
2 So in original. Probably should be "serving".
3 See References in Text note below.
§8336a. Phased retirement
(a) For the purposes of this section—
(1) the term "composite retirement annuity" means the annuity computed when a phased retiree attains full retirement status;
(2) the term "full retirement status" means that a phased retiree has ceased employment and is entitled, upon application, to a composite retirement annuity;
(3) the term "phased employment" means the less-than-full-time employment of a phased retiree;
(4) the term "phased retiree" means a retirement-eligible employee who—
(A) makes an election under subsection (b); and
(B) has not entered full retirement status;
(5) the term "phased retirement annuity" means the annuity payable under this section before full retirement;
(6) the term "phased retirement percentage" means the percentage which, when added to the working percentage for a phased retiree, produces a sum of 100 percent;
(7) the term "phased retirement period" means the period beginning on the date on which an individual becomes entitled to receive a phased retirement annuity and ending on the date on which the individual dies or separates from phased employment;
(8) the term "phased retirement status" means that a phased retiree is concurrently employed in phased employment and eligible to receive a phased retirement annuity;
(9) the term "retirement-eligible employee"—
(A) means an individual who, if the individual separated from the service, would meet the requirements for retirement under subsection (a) or (b) of section 8336; but
(B) does not include an employee described in section 8335 after the date on which the employee is required to be separated from the service by reason of such section; and
(10) the term "working percentage" means the percentage of full-time employment equal to the quotient obtained by dividing—
(A) the number of hours per pay period to be worked by a phased retiree, as scheduled in accordance with subsection (b)(2); by
(B) the number of hours per pay period to be worked by an employee serving in a comparable position on a full-time basis.
(b)(1) With the concurrence of the head of the employing agency, and under regulations promulgated by the Director, a retirement-eligible employee who has been employed on a full-time basis for not less than the 3-year period ending on the date on which the retirement-eligible employee makes an election under this subsection may elect to enter phased retirement status.
(2)(A) Subject to subparagraph (B), at the time of entering phased retirement status, a phased retiree shall be appointed to a position for which the working percentage is 50 percent.
(B) The Director may, by regulation, provide for working percentages different from the percentage specified under subparagraph (A), which shall be not less than 20 percent and not more than 80 percent.
(C) The working percentage for a phased retiree may not be changed during the phased retiree's phased retirement period.
(D)(i) Not less than 20 percent of the hours to be worked by a phased retiree shall consist of mentoring.
(ii) The Director may, by regulation, provide for exceptions to the requirement under clause (i).
(iii) Clause (i) shall not apply to a phased retiree serving in the United States Postal Service. Nothing in this clause shall prevent the application of clause (i) or (ii) with respect to a phased retiree serving in the Postal Regulatory Commission.
(3) A phased retiree—
(A) may not be employed in more than one position at any time; and
(B) may transfer to another position in the same or a different agency, only if the transfer does not result in a change in the working percentage.
(4) A retirement-eligible employee may make not more than one election under this subsection during the retirement-eligible employee's lifetime.
(5) A retirement-eligible employee who makes an election under this subsection may not make an election under section 8343a.
(c)(1) Except as otherwise provided under this subsection, the phased retirement annuity for a phased retiree is the product obtained by multiplying—
(A) the amount of an annuity computed under section 8339 that would have been payable to the phased retiree if, on the date on which the phased retiree enters phased retirement status, the phased retiree had separated from service and retired under section 8336(a) or (b); by
(B) the phased retirement percentage for the phased retiree.
(2) A phased retirement annuity shall be paid in addition to the basic pay for the position to which a phased retiree is appointed during phased employment.
(3) A phased retirement annuity shall be adjusted in accordance with section 8340.
(4)(A) A phased retirement annuity shall not be subject to reduction for any form of survivor annuity, shall not serve as the basis of the computation of any survivor annuity, and shall not be subject to any court order requiring a survivor annuity to be provided to any individual.
(B) A phased retirement annuity shall be subject to a court order providing for division, allotment, assignment, execution, levy, attachment, garnishment, or other legal process on the same basis as other annuities.
(5) Any reduction of a phased retirement annuity based on an election under section 8334(d)(2) shall be applied to the phased retirement annuity after computation under paragraph (1).
(6)(A) Any deposit, or election of an actuarial annuity reduction in lieu of a deposit, for military service or for creditable civilian service for which retirement deductions were not made or refunded shall be made by a retirement-eligible employee at or before the time the retirement-eligible employee enters phased retirement status. No such deposit may be made, or actuarial adjustment in lieu thereof elected, at the time a phased retiree enters full retirement status.
(B) Notwithstanding subparagraph (A), if a phased retiree does not make such a deposit and dies in service as a phased retiree, a survivor of the phased retiree shall have the same right to make such deposit as would have been available had the employee not entered phased retirement status and died in service.
(C) If a phased retiree makes an election for an actuarial annuity reduction under section 8334(d)(2) and dies in service as a phased retiree, the amount of any deposit upon which such actuarial reduction shall have been based shall be deemed to have been fully paid.
(7) A phased retirement annuity shall commence on the date on which a phased retiree enters phased employment.
(8) No unused sick leave credit may be used in the computation of the phased retirement annuity.
(d) All basic pay not in excess of the full-time rate of pay for the position to which a phased retiree is appointed shall be deemed to be basic pay for purposes of section 8334.
(e) Under such procedures as the Director may prescribe, a phased retiree may elect to enter full retirement status at any time. Upon making such an election, a phased retiree shall be entitled to a composite retirement annuity.
(f)(1) Except as provided otherwise under this subsection, a composite retirement annuity is a single annuity computed under regulations prescribed by the Director, equal to the sum of—
(A) the amount of the phased retirement annuity as of the date of full retirement, before any reduction based on an election under section 8334(d)(2), and including any adjustments made under section 8340; and
(B) the product obtained by multiplying—
(i) the amount of an annuity computed under section 8339 that would have been payable at the time of full retirement if the individual had not elected a phased retirement and as if the individual was employed on a full-time basis in the position occupied during the phased retirement period and before any reduction for survivor annuity or reduction based on an election under section 8334(d)(2); by
(ii) the working percentage.
(2) After computing a composite retirement annuity under paragraph (1), the Director shall adjust the amount of the annuity for any applicable reductions for a survivor annuity and any previously elected actuarial reduction under section 8334(d)(2).
(3) A composite retirement annuity shall be adjusted in accordance with section 8340, except that subsection (c)(1) of that section shall not apply.
(4) In computing a composite retirement annuity under paragraph (1)(B)(i), the unused sick leave to the credit of a phased retiree at the time of entry into full retirement status shall be adjusted by dividing the number of hours of unused sick leave by the working percentage.
(g)(1) Under such procedures and conditions as the Director may provide, and with the concurrence of the head of the employing agency, a phased retiree may elect to terminate phased retirement status and return to a full-time work schedule.
(2) Upon entering a full-time work schedule based upon an election under paragraph (1), the phased retirement annuity of a phased retiree shall terminate.
(3) After the termination of a phased retirement annuity under this subsection, the individual's rights under this subchapter shall be determined based on the law in effect at the time of any subsequent separation from service. For purposes of this subchapter or
(h) For purposes of section 8341—
(1) the death of a phased retiree shall be deemed to be the death in service of an employee; and
(2) the phased retirement period shall be deemed to have been a period of part-time employment with the work schedule described in subsection (b)(2).
(i) Employment of a phased retiree shall not be deemed to be part-time career employment, as defined in section 3401(2).
(j) A phased retiree is not eligible to apply for an annuity under section 8337.
(k) For purposes of section 8341(h)(4), retirement shall be deemed to occur on the date on which a phased retiree enters into full retirement status.
(l) For purposes of sections 8343 and 8351, and subchapter III of
(m) A phased retiree is not subject to section 8344.
(n) For purposes of
(Added
Statutory Notes and Related Subsidiaries
Effective Date
Section effective on Nov. 6, 2014, see section 100121(d) of
§8337. Disability retirement
(a) An employee who completes 5 years of civilian service and has become disabled shall be retired on the employee's own application or on application by the employee's agency. Any employee shall be considered to be disabled only if the employee is found by the Office of Personnel Management to be unable, because of disease or injury, to render useful and efficient service in the employee's position and is not qualified for reassignment, under procedures prescribed by the Office, to a vacant position which is in the agency at the same grade or level and in which the employee would be able to render useful and efficient service. For the purpose of the preceding sentence, an employee of the United States Postal Service shall be considered not qualified for a reassignment described in that sentence if the reassignment is to a position in a different craft or is inconsistent with the terms of a collective bargaining agreement covering the employee. A judge of the United States Court of Appeals for the Armed Forces who completes 5 years of civilian service and who is found by the Office to be disabled for useful and efficient service as a judge of such court or who is removed for mental or physical disability under
(b) A claim may be allowed under this section only if the application is filed with the Office before the employee or Member is separated from the service or within 1 year thereafter. This time limitation may be waived by the Office for an employee or Member who at the date of separation from service or within 1 year thereafter is mentally incompetent, if the application is filed with the Office within 1 year from the date of restoration of the employee or Member to competency or the appointment of a fiduciary, whichever is earlier.
(c) An annuitant receiving disability retirement annuity from the Fund shall be examined under the direction of the Office—
(1) at the end of 1 year from the date of the disability retirement; and
(2) annually thereafter until he becomes 60 years of age;
unless his disability is permanent in character. If the annuitant fails to submit to examination as required by this section, payment of the annuity shall be suspended until continuance of the disability is satisfactorily established.
(d) If an annuitant receiving disability retirement annuity from the Fund, before becoming 60 years of age, recovers from his disability, payment of the annuity terminates on reemployment by the Government or 1 year after the date of the medical examination showing the recovery, whichever is earlier. If an annuitant receiving disability retirement annuity from the Fund, before becoming 60 years of age, is restored to an earning capacity fairly comparable to the current rate of pay of the position occupied at the time of retirement, payment of the annuity terminates on reemployment by the Government or 180 days after the end of the calendar year in which earning capacity is so restored, whichever is earlier. Earning capacity is deemed restored if in any calendar year the income of the annuitant from wages or self-employment or both equals at least 80 percent of the current rate of pay of the position occupied immediately before retirement.
(e) If an annuitant whose annuity is terminated under subsection (d) of this section is not reemployed in a position in which he is subject to this subchapter, he is deemed, except for service credit, to have been involuntarily separated from the service for the purpose of this subchapter as of the date of termination of the disability annuity, and after that termination is entitled to annuity under the applicable provisions of this subchapter. If an annuitant whose annuity is heretofore or hereafter terminated because of an earning capacity provision of this subchapter or an earlier statute—
(1) is not reemployed in a position in which he is subject to this subchapter; and
(2) has not recovered from the disability for which he was retired;
his annuity shall be restored at the same rate effective the first of the year following any calendar year in which his income from wages or self-employment or both is less than 80 percent of the current rate of pay of the position occupied immediately before retirement. If an annuitant whose annuity is heretofore or hereafter terminated because of a medical finding that he has recovered from disability is not reemployed in a position in which he is subject to this subchapter, his annuity shall be restored at the same rate effective from the date of medical examination showing a recurrence of the disability. The second and third sentences of this subsection do not apply to an individual who has become 62 years of age and is receiving or is eligible to receive annuity under the first sentence of this subsection.
(f)(1) An individual is not entitled to receive—
(A) an annuity under this subchapter, and
(B) compensation for injury to, or disability of, such individual under subchapter I of
covering the same period of time.
(2) An individual is not entitled to receive an annuity under this subchapter and a concurrent benefit under subchapter I of
(3) Paragraphs (1) and (2) do not bar the right of a claimant to the greater benefit conferred by either this subchapter or subchapter I of
(g) If an individual is entitled to an annuity under this subchapter, and the individual receives a lump-sum payment for compensation under section 8135 based on the disability or death of the same person, so much of the compensation as has been paid for a period extended beyond the date payment of the annuity commences, as determined by the Department of Labor, shall be refunded to that Department for credit to the Employees' Compensation Fund. Before the individual may receive the annuity, the individual shall—
(1) refund to the Department of Labor the amount representing the commuted compensation payments for the extended period; or
(2) authorize the deduction of the amount from the annuity.
Deductions from the annuity may be made from accrued or accruing payments. The amounts deducted and withheld from the annuity shall be transmitted to the Department of Labor for reimbursement to the Employees' Compensation Fund. When the Department of Labor finds that the financial circumstances of an individual entitled to an annuity under this subchapter warrant deferred refunding, deductions from the annuity may be prorated against and paid from accruing payments in such manner as the Department determines appropriate.
(h)(1) As used in this subsection, the term "technician" means an individual employed under
(2)(A) Except as provided in subparagraph (B) of this paragraph, an individual shall be retired under this section if the individual—
(i) is separated from employment as a technician under
(ii) is not considered to be disabled under the second sentence of subsection (a) of this section;
(iii) is not appointed to a position in the Government (whether under paragraph (3) of this subsection or otherwise); and
(iv) has not declined an offer of an appointment to a position in the Government under paragraph (3) of this subsection.
(B) Payment of any annuity for an individual pursuant to this subsection terminates—
(i) on the date the individual is appointed to a position in the Government (whether pursuant to paragraph (3) of this subsection or otherwise);
(ii) on the date the individual declines an offer of appointment to a position in the Government under paragraph (3); or
(iii) as provided under subsection (d).
(3) Any individual applying for or receiving any annuity pursuant to this subsection shall, in accordance with regulations prescribed by the Office, be considered by any agency of the Government before any vacant position in the agency is filled if—
(A) the position is located within the commuting area of the individual's former position;
(B) the individual is qualified to serve in such position, as determined by the head of the agency; and
(C) the position is at the same grade or equivalent level as the position from which the individual was separated under
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| July 31, 1956, ch. 804, §401 "Sec. 7", Oct. 4, 1961, |
In subsection (c), the words "receiving disability retirement annuity from the Fund" are coextensive with and substituted for "retired under this section or under section 6 of the Act of May 29, 1930, as amended".
In subsection (g), the words "Notwithstanding any provision of law to the contrary" are omitted as unnecessary. The words "Employees' Compensation Fund" are substituted for "Federal Employees' Compensation Fund" to conform to the title of that Fund as set forth in section 8147.
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
This section amends
Editorial Notes
Amendments
2000—Subsec. (a).
1999—Subsec. (h)(1).
Subsec. (h)(2)(A)(i).
Subsec. (h)(3)(C).
1997—Subsec. (a).
1994—Subsec. (a).
1992—Subsec. (a).
1990—Subsec. (a).
1989—Subsec. (a).
1988—Subsec. (f).
Subsec. (g).
"(1) refund to the Department of Labor the amount representing the commuted compensation payments for the extended period; or
"(2) authorize the deduction of that amount from the annuity payable to him under this subchapter, which amount shall be transmitted to the Department of Labor for reimbursement to the Employees' Compensation Fund.
Deductions from the annuity may be made from accrued and accruing payments. When the Department of Labor finds that the financial circumstances of the annuitant warrant deferred refunding, deductions from the annuity may be prorated against and paid from accruing payments in such manner as that Department determines."
1983—Subsec. (a).
1982—Subsec. (d).
Subsec. (h).
1980—Subsec. (a).
1978—Subsecs. (a) to (c).
Statutory Notes and Related Subsidiaries
Effective Date of 2000 Amendment
Amendment by
Effective Date of 1997 Amendment
Amendment by
Effective Date of 1988 Amendment
Section 124(c) of
"(1)
"(2)
Effective Date of 1982 Amendment
Section 302(c) of
"(1) Except as provided in paragraphs (2) and (3), the amendments made by subsections (a) and (b) [amending this section and
"(2) The amendments made by paragraphs (1) and (2) of subsection (a) [amending this section] shall take effect with respect to income earned after December 31, 1982.
"(3) Subsection (h) of
Effective Date of 1980 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
§8338. Deferred retirement
(a) An employee who is separated from the service or transferred to a position in which he does not continue subject to this subchapter after completing 5 years of civilian service is entitled to an annuity beginning at the age of 62 years.
(b) A Member who, after December 31, 1955, is separated from the service as a Member after completing 5 years of civilian service is entitled to an annuity beginning at the age of 62 years. A Member who is separated from the service after completing 10 or more years of Member service is entitled to an annuity beginning at the age of 60 years. A Member who is separated from the service after completing 20 or more years of service, including 10 or more years of Member service, is entitled to a reduced annuity beginning at the age of 50 years.
(c) A judge of the United States Court of Appeals for the Armed Forces who is separated from the service after completing 5 years of civilian service is entitled to an annuity beginning at the age of 62 years. A judge of such court who is separated from the service after completing the term of service for which he was appointed is entitled to an annuity. If an annuity is elected before the judge becomes 60 years of age, it shall be a reduced annuity.
(d) An annuity or reduced annuity authorized by this section is computed under
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| July 31, 1956, ch. 804, §401 "Sec. 8", July 7, 1960, July 12, 1960, |
In subsection (b), the words "after December 31, 1955" are substituted for "on or after January 1, 1956". The word "hereafter" 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
This section amends
Editorial Notes
Amendments
1994—Subsec. (c).
1983—Subsecs. (c), (d).
Statutory Notes and Related Subsidiaries
Savings Provisions Deferred Annuities Under Laws Repealed by Pub. L. 90–83
§8339. Computation of annuity
(a) Except as otherwise provided by this section, the annuity of an employee retiring under this subchapter is—
(1) 1½ percent of his average pay multiplied by so much of his total service as does not exceed 5 years; plus
(2) 1¾ percent of his average pay multiplied by so much of his total service as exceeds 5 years but does not exceed 10 years; plus
(3) 2 percent of his average pay multiplied by so much of his total service as exceeds 10 years.
However, when it results in a larger annuity, 1 percent of his average pay plus $25 is substituted for the percentage specified by paragraph (1), (2), or (3) of this subsection, or any combination thereof.
(b) The annuity of a Congressional employee, or former Congressional employee, retiring under this subchapter is computed under subsection (a) of this section, except, if he has had—
(1) at least 5 years' service as a Congressional employee or Member or any combination thereof; and
(2) deductions withheld from his pay or has made deposit covering his last 5 years of civilian service;
his annuity is computed with respect to his service as a Congressional employee, his military service not exceeding 5 years, and any Member service, by multiplying 2½ percent of his average pay by the years of that service.
(c) The annuity of a Member, or former Member with title to Member annuity, retiring under this subchapter is computed under subsection (a) of this section, except, if he has had at least 5 years' service as a Member or Congressional employee or any combination thereof, his annuity is computed with respect to—
(1) his service as a Member and so much of his military service as is creditable for the purpose of this paragraph; and
(2) his Congressional employee service;
by multiplying 2½ percent of his average pay by the years of that service.
(d)(1) The annuity of an employee retiring under
(A) 2½ percent of his average pay multiplied by so much of his total service as does not exceed 20 years; plus
(B) 2 percent of his average pay multiplied by so much of his total service as exceeds 20 years.
(2) The annuity of an employee retiring under this subchapter who was employed by the Panama Canal Company or Canal Zone Government on September 30, 1979, is computed with respect to the period of continuous Panama Canal service from that date, disregarding any break in service of not more than 3 days, by adding—
(A) 2½ percent of the employee's average pay multiplied by so much of that service as does not exceed 20 years; plus
(B) 2 percent of the employee's average pay multiplied by so much of that service as exceeds 20 years.
(3) The annuity of an employee retiring under this subchapter who is employed by the Panama Canal Commission at any time during the period beginning October 1, 1990, and ending December 31, 1999, is computed, with respect to any period of service with the Panama Canal Commission, by adding—
(A) 2½ percent of the employee's average pay multiplied by so much of that service as does not exceed 20 years; plus
(B) 2 percent of the employee's average pay multiplied by so much of that service as exceeds 20 years.
(4)(A) In the case of an employee who has service as a law enforcement officer or firefighter to which paragraph (2) of this subsection applies, the annuity of that employee is increased by $8 for each full month of that service which is performed in the Republic of Panama.
(B) In the case of an employee retiring under this subchapter who—
(i) was employed as a law enforcement officer or firefighter by the Panama Canal Company or Canal Zone Government at any time during the period beginning March 31, 1979, and ending September 30, 1979; and
(ii) does not meet the age and service requirements of
the annuity of that employee is increased by $12 for each full month of that service which occurred before October 1, 1979.
(C) An annuity increase under this paragraph does not apply with respect to service performed after completion of 20 years of service (or any combination of service) as a law enforcement officer or firefighter.
(5) For the purpose of this subsection—
(A) "Panama Canal service" means—
(i) service as an employee of the Panama Canal Commission; or
(ii) service at a permanent duty station in the Canal Zone or Republic of Panama as an employee of an Executive agency conducting operations in the Canal Zone or Republic of Panama; and
(B) "Executive agency" includes the Smithsonian Institution.
(6) The annuity of an employee retiring under
(A) 2½ percent of the employee's average pay multiplied by so much of the employee's service on or after that date as does not exceed 20 years; plus
(B) 2 percent of the employee's average pay multiplied by so much of the employee's service on or after that date as exceeds 20 years.
(7) The annuity of an employee who is a judge of the United States Court of Appeals for the Armed Forces, or a former judge of such court, retiring under this subchapter is computed under subsection (a) of this section, except, with respect to his service as a judge of such court, his service as a Member, his congressional employee service, and his military service (not exceeding 5 years) creditable under
(e) The annuity of an employee retiring under
(f) The annuity computed under subsections (a) through (e), (n), (q), (r), and (s) may not exceed 80 percent of—
(1) the average pay of the employee; or
(2) the greatest of—
(A) the final basic pay of the Member;
(B) the average pay of the Member; or
(C) the final basic pay of the appointive position of a former Member who elects to have his annuity computed or recomputed under
(g) The annuity of an employee or Member retiring under
(1) 40 percent of his average pay; or
(2) the sum obtained under subsections (a) through (c), (n), (q), (r), or (s) after increasing his service of the type last performed by the period elapsing between the date of separation and the date he becomes 60 years of age.
However, if an employee or Member retiring under
(h) The annuity computed under subsections (a), (b), (d)(5), and (f) of this section for an employee retiring under
(i) For the purposes of subsections (a)–(h), (n), (q), (r), or (s), the total service of any employee or Member shall not include any period of civilian service after July 31, 1920, for which retirement deductions or deposits have not been made under
(1) the employee or Member makes a deposit for such period as provided in section 8334(c) or (d)(1) of this title; or
(2) no deposit is required for such service, as provided under
(j)(1) The annuity computed under subsections (a)–(i), (n), (q), (r), and (s) (or a portion of the annuity, if jointly designated for this purpose by the employee or Member and the spouse of the employee or Member under procedures prescribed by the Office of Personnel Management) for an employee or Member who is married at the time of retiring under this subchapter is reduced as provided in paragraph (4) of this subsection in order to provide a survivor annuity for the spouse under
(A) that the spouse's whereabouts cannot be determined, or
(B) that, due to exceptional circumstances, requiring the employee or Member to seek the spouse's consent would otherwise be inappropriate.
(2) If an employee or Member has a former spouse who is entitled to a survivor annuity as provided in
(3) An employee or Member who has a former spouse may elect, under procedures prescribed by the Office, to have the annuity computed under subsections (a)–(i), (n), (q), (r), and (s) or a portion thereof reduced as provided in paragraph (4) of this subsection in order to provide a survivor annuity for such former spouse under
(A) shall not be effective to the extent that it—
(i) conflicts with—
(I) any court order or decree referred to in subsection (h)(1) of
(II) any agreement referred to in such subsection which was entered into before such date; or
(ii) would cause the total of survivor annuities payable under subsections (b), (d), (f), and (h) of
(B) shall not be effective, in the case of an employee or Member who is then married, unless it is made with the spouse's written consent.
The Office shall provide by regulation that subparagraph (B) of this paragraph may be waived for either of the reasons set forth in the last sentence of paragraph (1) of this subsection. In the case of a retired employee or Member whose annuity is being reduced in order to provide a survivor annuity for a former spouse, an election to provide or increase a survivor annuity for any other former spouse (and to continue an appropriate reduction) may be made within the same period that, and subject to the same conditions under which, an election could be made under paragraph (5)(B) of this subsection for a current spouse (subject to the provisions of this paragraph relating to consent of a current spouse, if the retired employee or Member is then married). The opportunity to make an election under the preceding sentence is in addition to any opportunity otherwise afforded under this paragraph.
(4) In order to provide a survivor annuity or combination of survivor annuities under subsections (b), (d), (f), and (h) of
(5)(A) Any reduction in an annuity for the purpose of providing a survivor annuity for the current spouse of a retired employee or Member shall be terminated for each full month—
(i) after the death of the spouse, or
(ii) after the dissolution of the spouse's marriage to the employee or Member, except that an appropriate reduction shall be made thereafter if the spouse is entitled, as a former spouse, to a survivor annuity under
(B) Any reduction in an annuity for the purpose of providing a survivor annuity for a former spouse of a retired employee or Member shall be terminated for each full month after the former spouse remarries before reaching age 55 or dies. This reduction shall be replaced by an appropriate reduction or reductions under paragraph (4) of this subsection if the retired employee or Member has (i) another former spouse who is entitled to a survivor annuity under
(C)(i) Upon remarriage, a retired employee or Member who was married at the time of retirement (including an employee or Member whose annuity was not reduced to provide a survivor annuity for the employee or Member's spouse or former spouse as of the time of retirement) may irrevocably elect during such marriage, in a signed writing received by the Office within 2 years after such remarriage or, if later, within 2 years after the death or remarriage of any former spouse of such employee or Member who was entitled to a survivor annuity under
(ii) Such election and reduction shall be effective the first day of the second month after the election is received by the Office, but not less than 9 months after the date of the remarriage, and the retired employee or Member shall deposit in the Fund an amount determined by the Office of Personnel Management, as nearly as may be administratively feasible, to reflect the amount by which the annuity of such retired employee or Member would have been reduced if the election had been in effect since the date of retirement or, if later, the date the previous reduction in such retired employee or Member's annuity was terminated under subparagraph (A) or (B) of this paragraph, plus interest. For the purposes of the preceding sentence, the annual rate of interest for each year during which an annuity would have been reduced if the election had been in effect on and after the applicable date referred to in such sentence shall be 6 percent.
(iii) The Office shall, by regulation, provide for payment of the deposit required under clause (ii) by a reduction in the annuity of the employee or Member. The reduction shall, to the extent practicable, be designed so that the present value of the future reduction is actuarially equivalent to the deposit required under clause (ii), except that total reductions in the annuity of an employee or Member to pay deposits required by the provisions of this paragraph or paragraph (3) shall not exceed 25 percent of the annuity computed under subsections (a) through (i), (n), (q), and (r), including adjustments under section 8340. The reduction required by this clause, which shall be effective on the same date as the election under clause (i), shall be permanent and unaffected by any future termination of the marriage. Such reduction shall be independent of and in addition to the reduction required under clause (i).
(iv) Notwithstanding any other provision of this subparagraph, an election under this subparagraph may not be made for the purpose of providing an annuity in the case of a spouse by remarriage if such spouse was married to the employee or Member at the time of such employee or Member's retirement, and all rights to survivor benefits for such spouse under this subchapter based on marriage to such employee or Member were then waived under paragraph (1) of this subsection or a similar prior provision of law.
(v) An election to provide a survivor annuity to a person under this subparagraph—
(I) shall prospectively void any election made by the employee or Member under subsection (k)(1) of this section with respect to such person; or
(II) shall, if an election was made by the employee or Member under such subsection (k)(1) with respect to a different person, prospectively void such election if appropriate written application is made by such employee or Member at the time of making the election under this subparagraph.
(vi) The deposit provisions of clauses (ii) and (iii) of this subparagraph shall not apply if—
(I) the employee or Member makes an election under this subparagraph after having made an election under subsection (k)(1) of this section; and
(II) the election under such subsection (k)(1) becomes void under clause (v) of this subparagraph.
(k)(1) At the time of retiring under
(2)(A) An employee or Member, who is unmarried at the time of retiring under a provision of law which permits election of a reduced annuity with a survivor annuity payable to such employee or Member's spouse and who later marries, may irrevocably elect, in a signed writing received in the Office within 2 years after such employee or Member marries or, if later, within 2 years after the death or remarriage of any former spouse of such employee or Member who was entitled to a survivor annuity under
(B)(i) The election and reduction shall take effect on the first day of the first month beginning after the expiration of the 9-month period beginning on the date of marriage. Any such election to provide a survivor annuity for a person—
(I) shall prospectively void any election made by the employee or Member under paragraph (1) of this subsection with respect to such person; or
(II) shall, if an election was made by the employee or Member under such paragraph with respect to a different person, prospectively void such election if appropriate written application is made by such employee or Member at the time of making the election under this paragraph.
(ii) The retired employee or Member shall deposit in the Fund an amount determined by the Office of Personnel Management, as nearly as may be administratively feasible, to reflect the amount by which the retired employee or Member's annuity would have been reduced under subsection (j)(4) of this section since the commencing date of the annuity, if the employee or Member had been married at the time of retirement and had elected to provide a survivor annuity at that time, plus interest. For the purposes of the preceding sentence, the annual rate of interest for each year during which the annuity would have been reduced if the election had been in effect since the date of the annuity commenced shall be 6 percent.
(C) The Office shall, by regulation, provide for payment of the deposit required under subparagraph (B)(ii) by a reduction in the annuity of the employee or Member. The reduction shall, to the extent practicable, be designed so that the present value of the future reduction is actuarially equivalent to the deposit required under subparagraph (B)(ii), except that total reductions in the annuity of an employee or Member to pay deposits required by this subsection or subsection (j)(3) shall not exceed 25 percent of the annuity computed under subsections (a) through (i), (n), (q), and (r), including adjustments under section 8340. The reduction required by this subparagraph, which shall be effective on the same date as the election under subparagraph (A), shall be permanent and unaffected by any future termination of the marriage. Such reduction shall be independent of and in addition to the reduction required under subparagraph (A).
(D) Subparagraphs (B)(ii) and (C) of this paragraph shall not apply if—
(i) the employee or Member makes an election under this paragraph after having made an election under paragraph (1) of this subsection; and
(ii) the election under such paragraph (1) becomes void under subparagraph (B)(i) of this paragraph.
(l) The annuity computed under subsections (a)–(k), (n), (q), (r), and (s) for an employee who is a citizen of the United States is increased by $36 for each year of service in the employ of—
(1) the Alaska Engineering Commission, or The Alaska Railroad, in Alaska between March 12, 1914, and July 1, 1923; or
(2) the Isthmian Canal Commission, or the Panama Railroad Company, on the Isthmus of Panama between May 4, 1904, and April 1, 1914.
(m) In computing any annuity under subsections (a) through (e), (n), (q), (r), and (s), the total service of an employee who retires on an immediate annuity or dies leaving a survivor or survivors entitled to annuity includes, without regard to the limitations imposed by subsection (f) of this section, the days of unused sick leave to his credit under a formal leave system, except that these days will not be counted in determining average pay or annuity eligibility under this subchapter. For the purpose of this subsection, in the case of any such employee who is excepted from subchapter I of
(n) The annuity of an employee who is a Court of Federal Claims judge, bankruptcy judge, or United States magistrate judge is computed, with respect to service as a Court of Federal Claims judge, as a commissioner of the Court of Claims, as a referee in bankruptcy, as a bankruptcy judge, as a United States magistrate judge, and as a United States commissioner, and with respect to the military service of any such individual (not exceeding 5 years) creditable under
(o)(1)(A) An employee or Member—
(i) who, at the time of retirement, is married, and
(ii) who notifies the Office at such time (in accordance with subsection (j)) that a survivor annuity under
may, during the 18-month period beginning on the date of the retirement of such employee or Member, elect to have a reduction under subsection (j) made in the annuity of the employee or Member (or in such portion thereof as the employee or Member may designate) in order to provide a survivor annuity for the spouse of such employee or Member.
(B) An employee or Member—
(i) who, at the time of retirement, is married, and
(ii) who at such time designates (in accordance with subsection (j)) that a limited portion of the annuity of such employee or Member is to be used as the base for a survivor annuity under
may, during the 18-month period beginning on the date of the retirement of such employee or Member, elect to have a greater portion of the annuity of such employee or Member so used.
(2)(A) An election under subparagraph (A) or (B) of paragraph (1) of this subsection shall not be considered effective unless the amount specified in subparagraph (B) of this paragraph is deposited into the Fund before the expiration of the applicable 18-month period under paragraph (1).
(B) The amount to be deposited with respect to an election under this subsection is an amount equal to the sum of—
(i) the additional cost to the System which is associated with providing a survivor annuity under subsection (b)(2) of this section and results from such election taking into account (I) the difference (for the period between the date on which the annuity of the participant or former participant commences and the date of the election) between the amount paid to such participant or former participant under this subchapter and the amount which would have been paid if such election had been made at the time the participant or former participant applied for the annuity, and (II) the costs associated with providing for the later election; and
(ii) interest on the additional cost determined under clause (i) of this subparagraph computed using the interest rate specified or determined under
(3) An election by an employee or Member under this subsection voids prospectively any election previously made in the case of such employee or Member under subsection (j).
(4) An annuity which is reduced in connection with an election under this subsection shall be reduced by the same percentage reductions as were in effect at the time of the retirement of the employee or Member whose annuity is so reduced.
(5) Rights and obligations resulting from the election of a reduced annuity under this subsection shall be the same as the rights and obligations which would have resulted had the employee or Member involved elected such annuity at the time of retiring.
(6) The Office shall, on an annual basis, inform each employee or Member who is eligible to make an election under this subsection of the right to make such election and the procedures and deadlines applicable to such election.
(p)(1) In computing an annuity under this subchapter for an employee whose service includes service that was performed on a part-time basis—
(A) the average pay of the employee, to the extent that it includes pay for service performed in any position on a part-time basis, shall be determined by using the annual rate of basic pay that would be payable for full-time service in the position; and
(B) the benefit so computed shall then be multiplied by a fraction equal to the ratio which the employee's actual service, as determined by prorating an employee's total service to reflect the service that was performed on a part-time basis, bears to the total service that would be creditable for the employee if all of the service had been performed on a full-time basis.
(2) For the purpose of this subsection, employment on a part-time basis shall not be considered to include employment on a temporary or intermittent basis.
(3) In the administration of paragraph (1)—
(A) subparagraph (A) of such paragraph shall apply with respect to service performed before, on, or after April 7, 1986; and
(B) subparagraph (B) of such paragraph—
(i) shall apply with respect to that portion of any annuity which is attributable to service performed on or after April 7, 1986; and
(ii) shall not apply with respect to that portion of any annuity which is attributable to service performed before April 7, 1986.
(q) The annuity of a member of the Capitol Police, or former member of the Capitol Police, retiring under this subchapter is computed in accordance with subsection (b), except that, in the case of a member who retires under section 8335(c) or 8336(m), and who meets the requirements of subsection (b)(2), the annuity of such member is—
(1) 2½ percent of the member's average pay multiplied by so much of such member's total service as does not exceed 20 years; plus
(2) 2 percent of the member's average pay multiplied by so much of such member's total service as exceeds 20 years.
(r) The annuity of a member of the Supreme Court Police, or former member of the Supreme Court Police, retiring under this subchapter is computed in accordance with subsection (d).
(s) 1 The annuity of 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 in that position to remove the impediment to the appointment of the Member imposed by article I, section 6, clause 2 of the Constitution, shall, subject to a deposit in the Fund as provided under section 8334(m), be computed as though the rate of basic pay which would otherwise have been in effect during that period of service had been in effect.
(s)(1) 1 For purposes of this subsection, the term "physicians comparability allowance" refers to an amount described in section 8331(3)(H).
(2) Except as otherwise provided in this subsection, no part of a physicians comparability allowance shall be treated as basic pay for purposes of any computation under this section unless, before the date of the separation on which entitlement to annuity is based, the separating individual has completed at least 15 years of service as a Government physician (whether performed before, on, or after the date of the enactment of this subsection).
(3) If the condition under paragraph (2) is met, then, any amounts received by the individual in the form of a physicians comparability allowance shall (for the purposes referred to in paragraph (2)) be treated as basic pay, but only to the extent that such amounts are attributable to service performed on or after the date of the enactment of this subsection, and only to the extent of the percentage allowable, which shall be determined as follows:
| If the total amount of service performed, on or after the date of the enactment of this subsection, as a Government physician is: | Then, the percentage allowable is: |
|---|---|
| Less than 2 years | 0 |
| At least 2 but less than 4 years | 25 |
| At least 4 but less than 6 years | 50 |
| At least 6 but less than 8 years | 75 |
| At least 8 years | 100. |
(4) Notwithstanding any other provision of this subsection, 100 percent of all amounts received as a physicians comparability allowance shall, to the extent attributable to service performed on or after the date of the enactment of this subsection, be treated as basic pay (without regard to any of the preceding provisions of this subsection) for purposes of computing—
(A) an annuity under subsection (g); and
(B) a survivor annuity under section 8341, if based on the service of an individual who dies before separating from service.
(u) 2 The annuity of an employee retiring under this subchapter with service credited under section 8332(b)(17) shall be reduced by the amount necessary to ensure that the present value of the annuity payable to the employee is actuarially equivalent to the present value of the annuity that would be payable to the employee under this subchapter if it were computed—
(1) on the basis of service that does not include service credited under section 8332(b)(17); and
(2) assuming the employee separated from service on the actual date of the separation of the employee.
The amount of the reduction shall be computed under regulations prescribed by the Office of Personnel Management for the administration of this subsection.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| July 31, 1956, ch. 804, §401 "Sec. 9", |
||
| July 7, 1960, |
||
| July 12, 1960, |
||
| Oct. 4, 1961, |
||
| Oct. 11, 1962, |
The section is reorganized to eliminate repetition.
In subsection (f)(2), the words "service of the type last performed" are substituted for "total service" in former section 2259(a), "service as a Congressional employee" in former section 2259(b), and "Member service" in former section 2259(c).
In subsection (i), the words "by the employee or Member at the time of retirement" are added on authority of former section 2260(a)(1), which is carried into section 8341(b).
In subsection (j), the words "an annuity computed as provided in
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
| Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 8339(g) | 5 App.: 2259(d). | July 18, 1966, |
Editorial Notes
References in Text
The date of the enactment of this subsection, referred to in subsec. (s), is the date of enactment of
Amendments
2009—Subsec. (p)(3).
2002—Subsec. (h).
2001—Subsec. (u).
2000—Subsec. (f).
Subsec. (g).
Subsec. (g)(2).
Subsec. (h).
Subsec. (i).
Subsecs. (j), (k)(1).
Subsec. (l).
Subsec. (m).
Subsec. (q).
Subsec. (r).
Subsec. (s).
1999—Subsec. (h).
1998—Subsec. (h).
1997—Subsec. (f).
Subsec. (g).
Subsecs. (i) to (m).
Subsec. (r).
1996—Subsec. (d)(7).
1994—Subsec. (d)(6).
Subsec. (h).
1993—Subsec. (j)(3).
Subsec. (j)(5)(C)(ii).
Subsec. (j)(5)(C)(iii).
Subsec. (k)(2)(B)(ii).
Subsec. (k)(2)(C).
1992—Subsec. (n).
Subsecs. (o), (p).
1991—Subsec. (g).
Subsec. (n).
1990—Subsec. (d)(3) to (7).
Subsec. (e).
Subsec. (f).
Subsec. (g).
Subsec. (g)(2).
Subsec. (i).
Subsec. (i)(1).
Subsec. (j).
Subsec. (k)(1).
Subsec. (l).
Subsec. (m).
Subsec. (n).
Subsec. (q).
1989—Subsec. (h).
1987—Subsec. (n).
1986—Subsec. (j)(3).
Subsec. (j)(5)(B).
"(B)(i) Any reduction in an annuity for the purpose of providing a survivor annuity for a former spouse of a retired employee or Member shall be terminated for each full month after the former spouse remarries before reaching age 55 or dies, unless the employee or Member elects, within 2 years after the former spouse's death or remarriage, to continue the reduction in order to provide a survivor annuity or increase the survivor annuity for the current spouse of the retired employee or Member.
"(ii) Notwithstanding clause (i) of this subparagraph—
"(I) a reduction in an annuity shall not be terminated under such clause, and
"(II) an election made under such clause with respect to a current spouse after a remarriage before age 55 or the death of a former spouse shall not be effective,
if, and to the extent that, continuation of the reduction is necessary in order to provide for any survivor annuity, or any increase in a survivor annuity, which becomes payable under
Subsec. (j)(5)(C)(v), (vi).
Subsec. (k)(1).
Subsec. (k)(2)(B)(i).
Subsec. (k)(2)(B)(ii).
Subsec. (k)(2)(D).
Subsec. (o).
1984—Subsec. (f).
Subsec. (g).
Subsec. (j)(1).
Subsec. (j)(2).
Subsec. (j)(3) to (5).
Subsec. (k)(1).
Subsec. (k)(2).
Subsec. (l).
Subsec. (m).
Subsec. (n).
1983—Subsec. (d)(6).
Subsec. (h).
1982—Subsec. (e).
Subsec. (i).
1980—Subsec. (g).
Subsec. (j).
1979—Subsec. (d).
Subsec. (d)(5).
Subsec. (h).
Subsecs. (n), (o).
1978—Subsec. (d).
Subsec. (f).
Subsec. (h).
Subsec. (i).
Subsec. (j).
Subsec. (k).
Subsec. (k)(1).
Subsec. (k)(2).
Subsec. (l).
Subsec. (m).
Subsec. (o).
1976—Subsec. (f)(2)(C).
1975—Subsecs. (m), (n).
1974—Subsec. (d).
Subsec. (f)(2).
Subsec. (j).
1972—Subsec. (e).
Subsec. (f).
Subsec. (g).
Subsec. (h).
Subsec. (i).
Subsec. (j).
Subsec. (k).
Subsec. (l).
Subsec. (m).
Subsec. (n).
1971—Subsec. (i).
Subsec. (j).
1969—Subsec. (b).
Subsec. (c)(2).
Subsec. (f).
Subsec. (i).
Subsec. (m).
1968—Subsec. (l).
1967—Subsec. (e)(2).
Statutory Notes and Related Subsidiaries
Change of Name
"United States magistrate judge" substituted for "United States magistrate" wherever appearing in subsec. (n) pursuant to section 321 of
Effective Date of 2009 Amendment
Effective Date of 2002 Amendment
Amendment by
Effective Date of 2001 Amendment
Amendment by
Effective Date of 2000 Amendment
Amendment by
Effective Date of 1997 Amendment
Amendment by
Effective Date of 1993 Amendment
Section 11004(c) of
"(1)
"(2)
Effective Date of 1992 Amendment
Amendment by
Effective Date of 1990 Amendments
Amendment by
Amendment by
Section 2(c)(2) of
"(A) The amendment made by paragraph (1) [amending this section] shall take effect 4 years after the date of enactment of this Act [Oct. 15, 1990], and shall apply with respect to any annuity, entitlement to which is based on a separation occurring on or after that effective date, subject to subparagraph (B).
"(B) Nothing in this subsection or in the amendment made by this subsection [amending this section] shall, with respect to any service performed before the effective date of such amendment, have the effect of reducing the percentage applicable in computing any portion of an annuity based on such service below the percentage which would otherwise apply if this Act had not been enacted."
Effective Date of 1989 Amendment
Amendment by
Effective Date of 1987 Amendment
Amendment by
Effective Date of 1986 Amendments
Section 15204(b), formerly 15204(c), of
Section 203(d) of
Section 307(b) of
"(1) The amendment made by subsection (a) [amending this section] shall take effect 3 months after the date of the enactment of this Act [Feb. 27, 1986].
"(2)(A) Subject to subparagraph (B), the amendment made by subsection (a) shall apply with respect to employees and Members who retire before, on, or after such amendment first takes effect.
"(B) For the purpose of applying the provisions of paragraph (1) of
"(i) the period referred to in subparagraph (A) or (B) of such paragraph (as the case may be) shall be considered to begin on the date on which such amendment first becomes effective; and
"(ii) the amount referred to in paragraph (2) of such section 8339(o) shall be computed without regard to the provisions of subparagraph (B)(ii) of such paragraph (relating to interest).
"(3) For purposes of this subsection, the terms 'employee' and 'Member' each has the meaning given that term in
Effective Date of 1984 Amendments
Amendment by
Amendment by
Amendment by
Effective Date of 1982 Amendments
Section 151(h)(3) of
Amendment by
Effective Date of 1980 Amendments
Section 404(c) of
Section 3 of
Effective Date of 1979 Amendments
Amendment by
Section 1242(b)(1) of
Amendment by
Effective Date of 1978 Amendments
Amendment by
Amendment by
Amendment by section 412(b) of
Amendment by section 906(a)(2), (3) of
Amendment by
Effective Date of 1978 Amendments; Survivor Annuities Subject to Reduction, Etc.
Section 4 of
"(a) This act [amending this section and
"(1) the first day of the first month which begins on or after the date of the enactment of this Act [July 10, 1978], or
"(2) October 1, 1978,
whichever is later.
"(b) Except as provided under subsection (c) of this section, the amendments made by the first section and section 2 of this Act [amending this section and
"(c) The amendments made by the first section of this Act [amending this section and
Effective Date of 1976 Amendment
Amendment by
Effective Date of 1975 Amendment
Amendment by
Effective Date of 1974 Amendments
Section 2 of
Amendment by
Section 2(b) of
Effective Date of 1972 Amendment
Amendment by
Effective Date of 1971 Amendment
Section 5(b) of
Section 5(c) of
Effective Date of 1969 Amendment
Amendment by
Effective Date of 1968 Amendment
Amendment by
Effective Date of 1967 Amendment
Amendment by
Individuals Entitled to Annuity Payments for Period Prior to October 1, 1979
Section 1242(b)(2) of
Annual Notice to Annuitant of Rights of Election Under Subsecs. (j) and (k)(2) of This Section
Section 3 of
Increase in Annuity for Employees or Members Separated From Civil Service Prior to Oct. 20, 1969
Section 2(a) of
Section 3 of
1970 Increase in Pay Rates of Certain Employees of the Legislative Branch
Adjustment by the President pro tempore of the Senate with respect to the United States Senate, by the Finance Clerk of the House of Representatives with respect to the United States House of Representatives, and by the Architect of the Capitol with respect to the Office of the Architect of the Capitol, effective on the first day of the first pay period which begins on or after Dec. 27, 1969, of the rates of pay of employees of the legislative branch subject to section 214 of
1967 Increase in Compensation as Part of Basic Pay Rate
Section 214(d) of
1962 Increase in Annuities
Section 1101 of
"(a) The annuity of each person who, on the effective date of this section [Jan. 1, 1963], is receiving or entitled to receive an annuity from the civil service retirement and disability fund shall be increased by 5 per centum of the amount of such annuity.
"(b) The annuity of each person who receives or is entitled to receive an annuity from the civil service retirement and disability fund commencing during the period which begins on the day following the effective date of this section [Jan. 1, 1963] and ends five years after such date, shall be increased in accordance with the following table:
| "If the annuity commences between— | The annuity shall be increased by— |
|---|---|
| "January 2, 1963, and December 31, 1963 | 4 per centum |
| "January 1, 1964, and December 31, 1964 | 3 per centum |
| "January 1, 1965, and December 31, 1965 | 2 per centum |
| "January 1, 1966, and December 31, 1966 | 1 per centum |
"(c) In lieu of any other increase provided by this section, the annuity of a survivor of a retired employee or Member of Congress who received an increase under this section shall be increased by a percentage equal to the percentage by which the annuity of such employee or Member was so increased.
"(d) No increase provided by this section shall be computed on any additional annuity purchased at retirement by voluntary contributions.
"(e) The limitation reading 'or (3) the sum necessary to increase such annuity, exclusive of annuity purchased by voluntary contributions under the second paragraph of section 10 of this Act, to $2,160' contained in section 8(c)(1) of the Civil Service Retirement Act of May 29, 1930, as amended by the Acts of July 16, 1952 (
"(f) The limitation contained in the next to the last sentence of section 8(d)(1) of the Civil Service Retirement Act of May 29, 1930, as amended, as enacted by the Act of August 11, 1955 (
"(g) The increases provided by this section shall take effect on the effective date of this section [Jan. 1, 1963], except that any increase under subsection (b) or (c) shall take effect on the beginning date of the annuity.
"(h) The monthly installment of annuity after adjustment under this section shall be fixed at the nearest dollar".
Section 1104 of
1958 Increase in Annuities
"That (a) the annuity of each retired employee or Member of Congress who, on August 1, 1958, is receiving or entitled to receive an annuity from the civil service retirement and disability fund based on service which terminated prior to October 1, 1956, shall be increased by 10 per centum, but no such increase shall exceed $500 per annum.
"(b) The annuity otherwise payable from the civil service retirement and disability fund to—
"(1) each survivor who on August 1, 1958, is receiving or entitled to receive an annuity based on service which terminated prior to October 1, 1956, and
"(2) each survivor of a retired employee or Member of Congress described in subsection (a) of this section,
shall be increased by 10 per centum. No increase provided by this subsection shall exceed $250 per annum.
"(c) No increase provided by this section shall be computed on any additional annuity purchased at retirement by voluntary contributions.
"
"(1) who had completed at least ten years of service creditable for civil service retirement purposes.
"(2) who (A) died February 29, 1948, or (B), if retired under the Alaska Railroad Retirement Act of June 29, 1936, as amended, or under sections 91 to 107, inclusive, of title 2 of the Canal Zone Code, approved June 19, 1934, as amended, died before April 1, 1948; and
"(3) who was at the time of his death (A) subject to an Act under which annuities granted before February 20, 1948, were or are now payable from the civil service retirement and disability fund or (B) retired under such an Act,
shall be entitled to receive an annuity. In order to qualify for such annuity, the widow or widower shall have been married to the employee for at least five years immediately prior to his death and must be not entitled to any other annuity from the civil service retirement and disability fund based on the service of such employee. Such annuity shall be equal to one-half of the annuity which the employee was receiving on the date of his death if retired, or would have been receiving if he had been retired for disability on the date of his death, but shall not exceed $750 per annum and shall not be increased by the provisions of this or any other prior law. Any annuity granted under this section shall cease upon the death or remarriage of the widow or widower.
"
"(b) An annuity provided by section 2 of this Act shall commence on August 1, 1958, or on the first day of the month in which application for such annuity is received in the Civil Service Commission, whichever occurs later.
"(c) The monthly installment of each annuity increased or provided by this Act shall be fixed at the nearest dollar.
"
"
"(b) No increase in annuity provided by this Act or any prior provision of law shall apply in the case of any retired employee who exercises the option permitted by subsection (a) of this section."
1962 and 1958 Increases in Annuities; Clarification
Payment of Annuities to Certain Unremarried Widows or Widowers of Employees Retired Under Railroad Retirement Act or Canal Zone Code
Section 3(b), (c) of
Estimates of Appropriations for Reimbursing Fund for Amounts Paid Under 1958 Increase in Annuities
Annuity of Director of FBI
National Guard Technicians
Amendment by
1 So in original. Two subsecs. (s) have been enacted.
2 So in original. No subsec. (t) has been enacted.
§8340. Cost-of-living adjustment of annuities
(a) For the purpose of this section—
(1) the term "base quarter", as used with respect to a year, means the calendar quarter ending on September 30, of such year; and
(2) the price index for a base quarter is the arithmetical mean of such index for the 3 months comprising such quarter.
(b) Except as provided in subsection (c) of this section, effective December 1 of each year, each annuity payable from the Fund having a commencing date not later than such December 1 shall be increased by the percent change in the price index for the base quarter of such year over the price index for the base quarter of the preceding year in which an adjustment under this subsection was made, adjusted to the nearest 1/10 of 1 percent.
(c) Eligibility for an annuity increase under this section is governed by the commencing date of each annuity payable from the Fund as of the effective date of an increase, except as follows:
(1) The first increase (if any) made under subsection (b) of this section to an annuity which is payable from the Fund to an employee or Member who retires, to the widow, widower, or former spouse,1 of a deceased employee or Member, or to the widow, widower, former spouse, or insurable interest designee of a deceased annuitant whose annuity has not been increased under this subsection or subsection (b) of this section, shall be equal to the product (adjusted to the nearest 1/10 of 1 percent) of—
(A) 1/12 of the applicable percent change computed under subsection (b) of this section, multiplied by
(B) the number of months (not to exceed 12 months, counting any portion of a month as a month)—
(i) for which the annuity was payable from the Fund before the effective date of the increase, or
(ii) in the case of a widow, widower, former spouse, or insurable interest designee of a deceased annuitant whose annuity has not been so increased, since the annuity was first payable to the deceased annuitant.
(2) Effective from its commencing date, an annuity payable from the Fund to an annuitant's survivor (except a child entitled under
(3) For the purpose of computing the annuity of a child under
(d) This section does not authorize an increase in an additional annuity purchased at retirement by voluntary contributions.
(e) The monthly installment of annuity after adjustment under this section shall be rounded to the next lowest dollar. However, the monthly installment shall after adjustment reflect an increase of at least $1.
(f) Effective September 1, 1966, or on the commencing date of annuity, whichever is later, the annuity of each surviving spouse whose entitlement to annuity payable from the Fund resulted from the death of—
(1) an employee or Member before October 11, 1962; or
(2) a retired employee or Member whose retirement was based on a separation from service before October 11, 1962;
is increased by 10 percent.
(g)(1) An annuity shall not be increased by reason of any adjustment under this section to an amount which exceeds the greater of—
(A) the maximum pay payable for GS–15 30 days before the effective date of the adjustment under this section; or
(B) the final pay (or average pay, if higher) of the employee or Member with respect to whom the annuity is paid, increased by the overall annual average percentage adjustments (compounded) in rates of pay of the General Schedule under subchapter I of
(i) beginning on the date the annuity commenced (or, in the case of a survivor of the retired employee or Member, the date the employee's or Member's annuity commenced), and
(ii) ending on the effective date of the adjustment under this section.
(2) For the purposes of paragraph (1) of this subsection, "pay" means the rate of salary or basic pay as payable under any provision of law, including any provision of law limiting the expenditure of appropriated funds.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| July 31, 1956, ch. 804, §401 "Sec. 18"; added Oct. 11, 1962, |
In subsection (a), the words "After January 1, 1964" and "other than 1964" and subsection (a)(1) of former section 2268, are omitted as executed.
In subsection (b), the words "subsection (a) of this section" are substituted for "subsection (a)(1) or (a)(2) of this section" since subsection (a)(1) has been omitted as executed.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
| Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 8340(a) 8340(b) 8340(c) 8340(d) |
5 App.: 2268(a), (f). 5 App.: 2268(b). 5 App.: 2268(c). 5 App.: 2268(d). |
Sept. 27, 1965, Nov. 1, 1965, |
| 8340(e) 8340(f) |
5 App.: 2268(e). 5 App.: 2268(g). |
July 18, 1966, |
In subsection (a), the words "Effective December 1, 1965 * * * before December 2, 1965," are substituted for "Effective the first day of the third month which begins after the date of enactment of this amendment * * * not later than such effective date." In clause (1), the words "month of July 1965" are substituted for "month latest published on date of enactment of this amendment" for clarity and since the July 1965 price index was the price index for the month latest published on September 27, 1965, the date of enactment of the amendment. The word "base" is inserted before "month of July 1965" for clarity and on authority of the second sentence of
In the first sentence of subsection (b), the words "after the first increase under this section," following "Each month," are omitted as executed and unnecessary.
In subsection (f), the words "September 1, 1966," are substituted for "the first day of the second month after the enactment of this subsection."
Editorial Notes
References in Text
Section 8 of the Act of May 29, 1930, as amended to July 6, 1950, referred to in subsec. (c)(2), is the predecessor of
The General Schedule, referred to in subsec. (g)(1)(B), is set out under
Amendments
1986—Subsec. (c)(1).
1984—Subsec. (a).
Subsec. (b).
Subsec. (c)(1)(A).
Subsec. (c)(2)(B).
1982—Subsec. (e).
Subsec. (g).
1981—Subsec. (b).
Subsec. (c)(1).
1980—Subsec. (c)(1).
1978—Subsecs. (a)(1), (b)(1).
1976—Subsec. (b).
1975—Subsec. (c)(1).
Subsec. (c)(3).
1973—Subsec. (c).
1969—Subsec. (b).
Subsec. (c)(2).
Statutory Notes and Related Subsidiaries
Effective Date of 1984 Amendment
"(1) The amendments made by subsection (a) [amending this section] shall take effect on the date of the enactment of this Act [Apr. 18, 1984], except that no adjustment under
"(2)(A) For purposes of the first adjustment under
"(B) As used in subparagraph (A), the term 'base quarter' has the meaning given such term by
Effective Date of 1982 Amendment
Effective Date of 1981 Amendment
Effective Date of 1980 Amendment
"(1) The amendment made by subsection (a)(1) [amending this section] shall apply with respect to annuities commencing after the 45th day after the date of the enactment of this Act [Dec. 5, 1980].
"(2) The amendment made by subsection (a)(2) [amending this section] shall take effect with respect to any annuity increase which takes effect after the date of the enactment of this Act [Dec. 5, 1980]."
Effective Date of 1978 Amendment
Amendment by
Effective Date of 1976 Amendment
Effective Date of 1973 Amendment
Effective Date of 1969 Amendment
Delay in Cost-of-Living Adjustments During Fiscal Years 1994, 1995, and 1996
"(a)
"(1)
"(2) section 826 or 858 of the Foreign Service Act of 1980 [
"(3) section 291 of the Central Intelligence Agency Retirement Act (
"(b)
"(c)
Time of Payment of Annuity or Retired or Retirement Pay Which President Adjusts
Cost-of-Living Adjustments During Fiscal Years 1983, 1984, and 1985
"(a)(1) Except as provided in paragraph (3), the cost-of-living increase under any Government retirement system in annuity or retired or retainer pay of any early retiree taking effect in each of fiscal years 1983, 1984, and 1985, shall be equal to one-half of the assumed increase in the price index for that year.
"(2) For purposes of this subsection, an individual shall be considered to be an early retiree if—
"(A) the individual is under the age of 62 years as of the effective date of the cost-of-living increase involved (determined without regard to subsection (b));
"(B) the annuity or retired or retainer pay of the individual is not computed in whole or in part based on any disability of the individual; and
"(C) the annuity or retired or retainer pay of the individual is based upon the Government service of the individual.
"(3) If the percentage increase in the price index for fiscal year 1983, 1984, or 1985 (as determined by the Office of Personnel Management under
"(A) one-half of the assumed increase in the price index for that year, plus
"(B) the amount by which the percentage increase in the price index exceeds the assumed price index increase.
If the percentage increase in the price index for fiscal year 1985 (as determined by the Office of Personnel Management under
"(4) As used in this subsection—
"(A) the term 'price index' has the meaning given such term in
"(B) the term 'assumed increase in the price index' means—
"(i) 6.6 percent, in the case of fiscal year 1983,
"(ii) 7.2 percent, in the case of fiscal year 1984, and
"(iii) 6.6 percent, in the case of fiscal year 1985.
"(5) The amount of any survivor annuity which is based on the service of any early retiree subject to this subsection shall be computed as if this subsection had not been enacted.
"(b) [Repealed.
"(c) For purposes of this section, the term 'cost-of-living increase under a Government retirement system' means any increase under—
"(1)
"(2) section 826 of the Foreign Service Act of 1980 [
"(3) the Central Intelligence Agency Act of 1964 for Certain Employees ([former] 50 U.S.C. 403 note);
"(4)
"(5) any other adjustment of any annuity under a retirement system for Government officers or employees which the President determines, by Executive order, is based on adjustments under any of the provisions referred to in the preceding paragraph."
Cost-of-Living Adjustment of Retired Pay or Retainer Pay of Members and Former Members of Armed Forces and Commissioned Officers of National Oceanic and Atmospheric Administration and Public Health Service; Effective Date of Amendment
See provisions of section 801(c) of
1 So in original. The comma probably should not appear.
§8341. Survivor annuities
(a) For the purpose of this section—
(1) "widow" means the surviving wife of an employee or Member who—
(A) was married to him for at least 9 months immediately before his death; or
(B) is the mother of issue by that marriage;
(2) "widower" means the surviving husband of an employee or Member who—
(A) was married to her for at least 9 months immediately before her death; or
(B) is the father of issue by that marriage;
(3) "dependent", in the case of any child, means that the employee or Member involved was, at the time of the employee or Member's death, either living with or contributing to the support of such child, as determined in accordance with such regulations as the Office of Personnel Management shall prescribe; and
(4) "child" means—
(A) an unmarried dependent child under 18 years of age, including (i) an adopted child, and (ii) a stepchild but only if the stepchild lived with the employee or Member in a regular parent-child relationship, and (iii) a recognized natural child, and (iv) a child who lived with and for whom a petition of adoption was filed by an employee or Member, and who is adopted by the surviving spouse of the employee or Member after his death;
(B) such unmarried dependent child regardless of age who is incapable of self-support because of mental or physical disability incurred before age 18; or
(C) such unmarried dependent child between 18 and 22 years of age who is a student regularly pursuing a full-time course of study or training in residence in a high school, trade school, technical or vocational institute, junior college, college, university, or comparable recognized educational institution.
For the purpose of this paragraph and subsection (e) of this section, a child whose 22nd birthday occurs before July 1 or after August 31 of a calendar year, and while he is regularly pursuing such a course of study or training, is deemed to have become 22 years of age on the first day of July after that birthday. A child who is a student is deemed not to have ceased to be a student during an interim between school years if the interim is not more than 5 months and if he shows to the satisfaction of the Office of Personnel Management that he has a bona fide intention of continuing to pursue a course of study or training in the same or different school during the school semester (or other period into which the school year is divided) immediately after the interim.
(b)(1) Except as provided in paragraph (2) of this subsection, if an employee or Member dies after having retired under this subchapter and is survived by a widow or widower, the widow or widower is entitled to an annuity equal to 55 percent (or 50 percent if retired before October 11, 1962) of an annuity computed under section 8339(a)–(i), (n), (p), (q), (r), and (s) as may apply with respect to the annuitant, or of such portion thereof as may have been designated for this purpose under
(2) If an annuitant—
(A) who retired before April 1, 1948; or
(B) who elected a reduced annuity provided in paragraph (2) of
dies and is survived by a widow or widower, the widow or widower is entitled to an annuity in an amount which would have been paid had the annuitant been married to the widow or widower at the time of retirement.
(3) A spouse acquired after retirement is entitled to a survivor annuity under this subsection only upon electing this annuity instead of any other survivor benefit to which he may be entitled under this subchapter or another retirement system for Government employees. The annuity of the widow or widower under this subsection commences on the day after the annuitant dies. This annuity and the right thereto terminate on the last day of the month before the widow or widower—
(A) dies; or
(B) except as provided in subsection (k), remarries before becoming 55 years of age.
(4) Notwithstanding the preceding provisions of this subsection, the annuity payable under this subsection to the widow or widower of a retired employee or Member may not exceed the difference between—
(A) the amount which would otherwise be payable to such widow or widower under this subsection (determined without regard to any waiver or designation under
(B) the amount of the survivor annuity payable to any former spouse of such employee or Member under subsection (h) of this section.
(c) The annuity of a survivor named under
(d) If an employee or Member dies after completing at least 18 months of civilian service, his widow or widower is entitled to an annuity equal to 55 percent of an annuity computed under section 8339(a)–(f), (i), (n), (p), (q), (r), and (s) as may apply with respect to the employee or Member, except that, in the computation of the annuity under such section, the annuity of the employee or Member shall be at least the smaller of—
(1) 40 percent of his average pay; or
(2) the sum obtained under such section after increasing his service of the type last performed by the period elapsing between the date of death and the date he would have become 60 years of age.
Notwithstanding the preceding sentence, the annuity payable under this subsection to the widow or widower of an employee or Member may not exceed the difference between—
(A) the amount which would otherwise be payable to such widow or widower under this subsection, and
(B) the amount of the survivor annuity payable to any former spouse of such employee or Member under subsection (h) of this section.
The annuity of the widow or widower commences on the day after the employee or Member dies. This annuity and the right thereto terminate on the last day of the month before the widow or widower—
(i) dies; or
(ii) except as provided in subsection (k), remarries before becoming 55 years of age.
(e)(1) For the purposes of this subsection, "former spouse" includes a former spouse who was married to an employee or Member for less than 9 months and a former spouse of an employee or Member who completed less than 18 months of service covered by this subchapter.
(2) If an employee or Member dies after completing at least 18 months of civilian service, or an employee or Member dies after retiring under this subchapter, and is survived by a spouse or a former spouse who is the natural or adoptive parent of a surviving child of the employee or Member, that surviving child is entitled to an annuity equal to the smallest of—
(A) 60 percent of the average pay of the employee or Member divided by the number of children;
(B) $900; or
(C) $2,700 divided by the number of children;
subject to
(i) 75 percent of the average pay of the employee or Member divided by the number of children;
(ii) $1,080; or
(iii) $3,240 divided by the number of children;
subject to
(3) The annuity of a child under this subchapter or under the Act of May 29, 1930, as amended from and after February 28, 1948, commences on the day after the employee or Member dies, or commences or resumes on the first day of the month in which the child later becomes or again becomes a student as described by subsection (a)(3) of this section, if any lump sum paid is returned to the Fund. This annuity and the right thereto terminate on the last day of the month before the child—
(A) becomes 18 years of age unless he is then a student as described or incapable of self-support;
(B) becomes capable of self-support after becoming 18 years of age unless he is then such a student;
(C) becomes 22 years of age if he is then such a student and capable of self-support;
(D) ceases to be such a student after becoming 18 years of age unless he is then incapable of self-support; or
(E) dies or marries;
whichever first occurs. On the death of the surviving spouse or former spouse or termination of the annuity of a child, the annuity of any other child or children shall be recomputed and paid as though the spouse, former spouse, or child had not survived the employee or Member.
(4) If the annuity of a child under this subchapter terminates under paragraph (3)(E) because of marriage, then, if such marriage ends, such annuity shall resume on the first day of the month in which it ends, but only if—
(A) any lump sum paid is returned to the Fund; and
(B) that individual is not otherwise ineligible for such annuity.
(f) If a Member heretofore or hereafter separated from the service with title to deferred annuity from the Fund hereafter dies before having established a valid claim for annuity and is survived by a spouse to whom married at the date of separation, the surviving spouse—
(1) is entitled to an annuity equal to 55 percent of the deferred annuity of the Member commencing on the day after the Member dies and terminating on the last day of the month before the surviving spouse dies or remarries; or
(2) may elect to receive the lump-sum credit instead of annuity if the spouse is the individual who would be entitled to the lump-sum credit and files application therefor with the Office before the award of the annuity.
Notwithstanding the preceding sentence, an annuity payable under this subsection to the surviving spouse of a Member may not exceed the difference between—
(A) the annuity which would otherwise be payable to such surviving spouse under this subsection, and
(B) the amount of the survivor annuity payable to any former spouse of such Member under subsection (h) of this section.
(g) In the case of a surviving spouse whose annuity under this section is terminated because of remarriage before becoming 55 years of age, annuity at the same rate shall be restored commencing on the day the remarriage is dissolved by death, annulment, or divorce, if—
(1) the surviving spouse elects to receive this annuity instead of a survivor benefit to which he may be entitled, under this subchapter or another retirement system for Government employees, by reason of the remarriage; and
(2) any lump sum paid on termination of the annuity is returned to the Fund.
(h)(1) Subject to paragraphs (2) through (5) of this subsection, a former spouse of a deceased employee, Member, annuitant, or former Member who was separated from the service with title to a deferred annuity under
(2)(A) The annuity payable to a former spouse under this subsection may not exceed the difference between—
(i) the amount applicable in the case of such former spouse, as determined under subparagraph (B) of this paragraph, and
(ii) the amount of any annuity payable under this subsection to any other former spouse of the employee, Member, or annuitant, based on an election previously made under
(B) The applicable amount, for purposes of subparagraph (A)(i) of this paragraph in the case of a former spouse, is the amount which would be applicable—
(i) under subsection (b)(4)(A) of this section in the case of a widow or widower, if the deceased was an employee or Member who died after retirement;
(ii) under subparagraph (A) of subsection (d) of this section in the case of a widow or widower, if the deceased was an employee or Member described in the first sentence of such subsection; or
(iii) under subparagraph (A) of subsection (f) of this section in the case of a surviving spouse, if the deceased was a Member described in the first sentence of such subsection.
(3) The commencement and termination of an annuity payable under this subsection shall be governed by the terms of the applicable order, decree, agreement, or election, as the case may be, except that any such annuity—
(A) shall not commence before—
(i) the day after the employee, Member, or annuitant dies, or
(ii) the first day of the second month beginning after the date on which the Office receives written notice of the order, decree, agreement, or election, as the case may be, together with such additional information or documentation as the Office may prescribe,
whichever is later, and
(B) shall terminate—
(i) except as provided in subsection (k), in the case of an annuity computed by reference to clause (i) or (ii) of paragraph (2)(B) of this subsection, no later than the last day of the month before the former spouse remarries before becoming 55 years of age or dies; or
(ii) in the case of an annuity computed by reference to clause (iii) of such paragraph, no later than the last day of the month before the former spouse remarries or dies.
(4) For purposes of this subchapter, a modification in a decree, order, agreement, or election referred to in paragraph (1) of this subsection shall not be effective—
(A) if such modification is made after the retirement or death of the employee or Member concerned, and
(B) to the extent that such modification involves an annuity under this subsection.
(5) For purposes of this subchapter, a decree, order, agreement, or election referred to in paragraph (1) of this subsection shall not be effective, in the case of a former spouse, to the extent that it is inconsistent with any joint designation or waiver previously executed with respect to such former spouse under
(6) Any payment under this subsection to a person bars recovery by any other person.
(7) As used in this subsection, "court" means any court of any State, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, or the Virgin Islands, and any Indian court.
(i) The requirement in subsections (a)(1)(A) and (a)(2)(A) of this section that the surviving spouse of an employee or Member have been married to such employee or Member for at least 9 months immediately before the employee or Member's death in order to qualify as the widow or widower of such employee or Member shall be deemed satisfied in any case in which the employee or Member dies within the applicable 9-month period, if—
(1) the death of the employee or Member was accidental; or
(2) the surviving spouse of such individual had been previously married to the individual and subsequently divorced, and the aggregate time married is at least 9 months.
(k)(1) 1 Subsections (b)(3)(B), (d)(ii), and (h)(3)(B)(i) (to the extent that they provide for termination of a survivor annuity because of a remarriage before age 55) shall not apply if the widow, widower, or former spouse was married for at least 30 years to the individual on whose service the survivor annuity is based.
(2) A remarriage described in paragraph (1) shall not be taken into account for purposes of section 8339(j)(5)(B) or (C) or any other provision of this chapter which the Office may by regulation identify in order to carry out the purposes of this subsection.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| (a) | July 31, 1956, ch. 804, §401 "Sec. 1(h)–(j)", Oct. 11, 1962, |
|
| (b)–(f) | July 31, 1956, ch. 804, §401 "Sec. 10", |
|
| Aug. 27, 1958, |
||
| Sept. 6, 1960, |
||
| Oct. 11, 1962, |
In subsection (b), the words "designated for this purpose under
In subsection (f), the words "heretofore or hereafter" are substituted "either prior to, on, or after the effective date of the Civil Service Retirement Act Amendments of 1956".
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
| Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 8341(a)(4) | 5 App.: 2251(j) (less last sentence). | Apr. 25, 1966, July 18, 1966, |
| 8341(b) (last sentence) | 5 App.: 2260(a)(2). | July 18, 1966, |
| 8341(d) (last sentence) | 5 App.: 2260(c) (last sentence). | July 18, 1966, |
| 8341(e) | 5 App.: 2260(d). | July 18, 1966, |
| 8341(g) | 5 App.: 2260(f). | July 18, 1966, |
In subsection (a)(4), the words "for the purposes of section 10(d)" are omitted as covered by the words "For the purpose of this section."
In clause (2) of the last sentence of subsection (b), the word "retired" is inserted before "Member" for clarity and to conform to the penultimate sentence and clause (1) of the last sentence.
In subsection (e), the words "any lump sum paid" are substituted for "the lump-sum credit, if paid" for clarity and consistency with subsection (g)(2).
In subsection (e)(2)(C), the words "capable of self-support" are substituted for "not incapable of self-support."
In subsection (g), the words "after July 18, 1966" are substituted for "hereafter." In clause (1), the word "he" is substituted for "he or she" on authority of
Editorial Notes
References in Text
The Act of May 29, 1930, as amended from and after February 28, 1948, referred to in subsec. (e)(3), is the predecessor of
Amendments
2000—Subsecs. (b)(1), (d).
1997—Subsec. (b)(1).
Subsec. (b)(3)(B).
Subsec. (d).
Subsec. (h)(3)(B)(i).
Subsec. (k).
1996—Subsec. (e)(4).
1992—Subsecs. (b)(1), (d).
1990—Subsecs. (b)(1), (d).
1986—Subsecs. (b)(1), (d).
Subsec. (e).
Subsec. (h)(1).
Subsec. (h)(4)(A).
1984—Subsec. (a)(1)(A), (2)(A).
Subsec. (b)(1).
Subsec. (b)(3).
Subsec. (b)(3)(B).
Subsec. (b)(4).
Subsec. (d).
Subsec. (d)(i).
Subsec. (d)(ii).
Subsec. (e)(1).
Subsec. (e)(2).
Subsec. (f).
Subsec. (g).
Subsecs. (h), (i).
1980—Subsec. (a)(2)(B).
Subsec. (a)(3).
Subsec. (a)(4).
1978—Subsec. (a)(3).
Subsec. (b)(1).
Subsec. (d).
Subsec. (f)(2).
Subsec. (g).
1975—Subsec. (c).
1974—Subsec. (a)(1)(A), (2)(A).
1972—Subsec. (a)(3)(A).
Subsec. (c).
Subsec. (d).
1971—Subsec. (a)(3), (4).
Subsec. (b).
Subsec. (d).
Subsec. (e)(2).
1969—Subsec. (d).
Subsec. (e)(1).
Statutory Notes and Related Subsidiaries
Effective Date of 2000 Amendment
Amendment by
Effective Date of 1997 Amendment
Amendment by section 516(a) of
Section 518(c) of
Effective Date of 1996 Amendment
Section 101(f) [title VI, §633(b)] of
Effective Date of 1986 Amendment
Amendment by
Effective Date of 1984 Amendments
"(a)(1) Except as provided in paragraphs (3), (4), (5), and (6) and subsections (b) and (c), the amendments made by section 2 of this Act [amending this section and
"(A) to any individual who, on or after such date, is married to an employee or Member who, on or after such date, retires, dies, or applies for a refund of contributions under subchapter III of
"(B) to any individual who, as of such date, is married to a retired employee or Member,
unless (i) such employee or Member has waived, under the first sentence of section 8339(j)(1) of such title (or a similar prior provision of law), the right of that individual's spouse to receive a survivor annuity, or (ii) in the case of a post-retirement marriage or remarriage, an election has not been made before such date by such employee or Member with respect to such individual under the applicable provisions of section 8339(j)(1) or 8339(k)(2) of such title, as the case may be (or a similar prior provision of law).
"(2) Except as provided in subsection (f), the amendments made by section 3 of this Act [amending
"(3) The amendments made by subparagraphs (B)(iii) and (C)(ii) of section 2(4) of this Act [amending
"(A) in the case of a remarriage occurring on or after the date of the enactment of this Act [Nov. 8, 1984]; and
"(B) with respect to periods beginning on or after such date.
"(4)(A) Except as provided in subparagraph (B), the amendment made by section 2(3)(A) of this Act [amending
"(i) to an employee or Member who retires before, on, or after May 7, 1985; and
"(ii) in the case of a marriage occurring on or after May 7, 1985.
"(B) The amendments referred to in subparagraph (A) shall not apply in the case of a marriage of an employee or Member retiring before May 7, 1985, if the marriage occurred after May 6, 1985, and before the date of the enactment of the Federal Employees Benefits Improvement Act of 1986 [Feb. 27, 1986].
"(C) Any election by an employee or Member described in subparagraph (B) to provide a survivor annuity for that individual's spouse by a marriage described in such subparagraph shall be effective if made in accordance with the applicable provisions of
"(5)(A) Paragraphs (3), (4), and (5)(B) of
"(B)(i) The requirement described in clause (ii) shall not apply to an election made by an employee or Member under
"(ii) The requirement referred to in clause (i) is the requirement prescribed in
"(iii) Clause (i) applies to an election which is made by an employee or Member who retires on or after May 7, 1985, and before the date of the enactment of the Federal Employees Benefits Improvement Act of 1986 [Feb. 27, 1986], and is received by the Office of Personnel Management within the 2-year period beginning on the date of the enactment of such Act.
"(C) A survivor annuity shall be paid a former spouse as provided in
"(D) The amendments made by paragraphs (6) and (7) of section 2 of this Act [amending
"(6) The amendment made by section 2(4)(A) of this Act [amending
"(b)(1) Notwithstanding subsection (a)(1) of this section, a former spouse of an employee or Member who retired before May 7, 1985, or who died after becoming eligible to retire and before such date, is entitled to a survivor annuity under
"(A) the retired employee or Member elects, in writing, within eighteen months after the date of enactment of this Act, according to procedures prescribed by the Office of Personnel Management, to have the annuity of such employee or Member reduced under
"(B) where the employee or Member dies or died on or before the one hundred and eightieth day after the date of enactment of this Act or does not make the election described in subparagraph (A)—
"(i) the former spouse's marriage to the employee or Member was dissolved after September 14, 1978, and before May 8, 1987;
"(ii) the former spouse was married to the employee or Member for at least ten years during periods of creditable service under
"(iii) the former spouse has not remarried before age fifty-five after September 14, 1978;
"(iv) the former spouse files an application for the survivor annuity with the Office on or before May 7, 1989; and
"(v) the former spouse is at least fifty years of age on May 7, 1987.
A survivor annuity under subparagraph (B) shall commence on the day after the employee or Member dies or the first day of the second month after the former spouse's application is received by the Office, whichever occurs later.
"(2) Except as provided in paragraph (3), if a retired employee or Member who makes an election under subparagraph (A) of paragraph (1) does not make the deposit required by such subparagraph, the Office shall collect the amount of the deposit by offset against the employee or Member's annuity, up to a maximum of 25 per centum of the net annuity otherwise payable to the employee or Member, and the employee or Member is deemed to consent to such offset.
"(3) An election made by an individual under subparagraph (A) of paragraph (1) of this subsection to provide a survivor annuity for any person prospectively voids any election previously made by such individual with respect to such person under
"(4)(A) A former spouse of an employee or Member referred to in the matter before subparagraph (A) in paragraph (1) of this section shall be entitled to a survivor annuity under subparagraph (B) of such paragraph if—
"(i) the former spouse satisfies the requirements of clauses (ii) through (v) of such subparagraph (B); and
"(ii) there is no surviving spouse of the employee or Member and no other former spouse of such employee or Member who is entitled to receive a survivor annuity under subchapter III of
"(B) For the purposes of this paragraph, the term 'surviving spouse' means a widow or a widower as defined in paragraphs (1) and (2), respectively, of
"(5) A survivor annuity provided under this subsection shall be 55 per centum of the annuity of the retired employee or Member (or of that portion of the annuity which such employee or Member may have designated for this purpose under paragraph (1)(A) of this subsection), as determined under section 8339(a)–(i) and (n) of
"(A) the total percent increase the retired employee or Member was receiving under section 8340 of such title at death, or
"(B) in the case of a retired employee or Member whose date of death precedes the one hundred and eightieth day after the date of enactment of this Act [Nov. 8, 1984], the total percent increase the retired employee or Member would have received under such section 8340 had such individual died on the one hundred and eightieth day after such date of enactment,
and shall not be subject to reduction under section 8341(h)(2) of such title, as amended by this Act.
"(c) Notwithstanding subsection (a)(1) of this section, an employee or Member who retired before the one hundred and eightieth day after the date of enactment of this Act [Nov. 8, 1984] and who is married to a spouse acquired after retirement for whom such employee or Member was unable to provide a survivor annuity because—
"(1) the employee or Member was married at the time of retirement and elected not to provide a survivor annuity for the employee or Member's spouse at the time of retirement, or
"(2) the employee or Member failed to notify the Office of the employee or Member's post-retirement marriage within one year after the marriage,
may elect in writing, within one year after the date of enactment of this Act, in accordance with procedures prescribed by the Office, to provide for a survivor annuity for such spouse under
"(d) A deposit required by subsection (b)(1)(A) or (c) of this section may be made by the surviving former spouse or spouse, as applicable, of the retired employee or Member.
"(e) The Office shall determine at the end of each fiscal year—
"(1) the cost of survivor annuities provided under subsections (b) and (c) of this section, less an amount determined appropriate by the Office to reflect the value of any deposits made under subsection (b)(1)(A), (c), or (d), and
"(2) the cost of administering subsections (b) and (c).
The Office shall notify the Secretary of the Treasury of the amounts so determined. The Secretary of the Treasury, before closing the account for the fiscal year in question, shall credit to the Civil Service Retirement and Disability Fund, out of any money in the Treasury not otherwise appropriated, such amounts, which shall be available in the same manner as provided under subparagraphs (A) and (B) of
"(f) Any individual—
"(1) who is entitled to a survivor annuity under subsection (b) of this section or pursuant to an election authorized by reason of the application of subsection (a)(5) of this section,
"(2) as to whom a court order or decree referred to in
"(3) who is entitled (other than as described in paragraph (2)) to an annuity or any portion of an annuity as a former spouse under a retirement system for Government employees as of May 7, 1985,
shall be considered to have satisfied
"(g)(1) For purposes of subsections (a)(1), (b), (c), (d), and (e), 'employee', 'Member', and 'former spouse' each has the meaning given that term under
"(2) For purposes of subsection (a)(2), 'employee' and 'annuitant' each has the meaning given that term under
"(h) Section 827 of the Foreign Service Act of 1980 [
[Section 501(b) of
[Section 9(b) of
[The Central Intelligence Agency Retirement Act of 1964 for Certain Employees, referred to in
Amendment by
Effective Date of 1980 Amendment
Section 5(a) of
Effective Date of 1978 Amendments
Amendment by
Amendment by
Section 3 of
"(1) the first day of the month following the date of the enactment of this Act [July 10, 1978], or
"(2) October 1, 1978,
whichever date is later."
Effective Date of 1978 Amendment; Survivor Annuities Subject to Reduction, Etc.
For effective date of amendment by
Effective Date of 1974 Amendment
Section 1(b) of
Effective Date of 1972 Amendments
Amendment by
Section 2 of
Effective Date of 1969 Amendments
Section 2 of
Amendment by
Effective Date of 1969 Amendment; Recomputation and Reduction of Survivor Annuities
Section 207(c) of
"(1) The amendment made by section 206(b) of this Act [amending this section] shall become effective on the first day of the first month which begins on or after the date of enactment of this Act [Oct. 20, 1969].
"(2) The annuity of each surviving child who, immediately prior to the effective date of such amendment [amending this section] is receiving an annuity under
Additional Elections Under Civil Service Retirement Spouse Equity Act of 1984
Section 201(d) of
"(1) Notwithstanding the time limitation prescribed in subparagraph (A) of section 4(b)(1) of the Civil Service Retirement Spouse Equity Act of 1984 [
"(2) Any retired employee or Member who has made an election under section 4(b)(1)(A) of the Civil Service Retirement Spouse Equity Act of 1984 [set out as a note above] (as in effect at the time of such election) before the regulations under paragraph (3) of this subsection become effective may modify such election by designating, in writing, that only a portion of such employee or Member's annuity is to be used as the base for the survivor annuity for the former spouse for whom the election was made. A modification under this subparagraph shall be subject to the deadline under paragraph (1) of this subsection.
"(3) The Office of Personnel Management shall prescribe regulations to carry out this subsection, including regulations under which an appropriate refund shall be made in the case of a modification under paragraph (2) of this subsection."
Restoration of Survivor Annuities for Certain Widows and Widowers Remarrying Before July 18, 1966, and Where Member Died Before January 8, 1971
Section 1 of
"(a) Upon application to the Civil Service Commission, the annuity of—
"(1) a surviving spouse of an employee which was terminated under the provisions of section 8341 (b) or (d) of
"(2) a surviving spouse of a Member who died before January 8, 1971, which was terminated under any such provision, because of the remarriage of such spouse,
shall be restored in accordance with the provisions of subsection (b) of this section.
"(b)(1) In the case of a remarriage occurring after the surviving spouse became sixty years of age, the annuity shall be restored to such spouse under subsection (a) of this section only if any lump sum paid on termination of the annuity is returned to the Civil Service Retirement and Disability Fund. If such amount is paid, the annuity shall be so restored commencing on the effective date of this section at the rate which would have been in effect if the annuity had not been terminated.
"(2) In the case of a remarriage occurring before the surviving spouse became sixty years of age, the annuity shall be restored to such spouse under subsection (a) of this section only if—
"(A) such spouse elects to receive this annuity instead of a survivor benefit to which the spouse may be entitled under subchapter III of
"(B) any lump sum paid on termination of the annuity is returned to such fund.
If the requirements of the preceding sentence are satisfied, such annuity shall be so restored commencing on the effective date of this section or on the first day of the month following the date the remarriage is dissolved by death, annulment, or divorce, whichever date is later, at the rate which was in effect when the annuity was terminated."
Increase in Annuity Payable to Surviving Spouses of Members, Employees, of Annuities Based on Separation Occurring Prior to Oct. 20, 1969
Section 2(b) of
Section 3 of
Remarriage Provisions
Section 205 of
"(1) of an employee who died, retired, or was otherwise finally separated before July 18, 1966;
"(2) who shall have remarried on or after such date; and
"(3) who, immediately before such remarriage, was receiving annuity from the Civil Service Retirement and Disability Fund;
except that no annuity shall be paid by reason of this section for any period prior to the enactment of this section. No annuity shall be terminated solely by reason of the enactment of this section. Notwithstanding the prohibition contained in the first sentence of this section on the payment of annuity for any period prior to the enactment of this section, in any case in which the Civil Service Commission determines that—
"(1) the remarriage of any widow or widower described in such sentence was entered into by the widow or widower in good faith and in reliance on erroneous information provided by Government authority prior to that remarriage that the then existing survivor annuity of the widow or widower would not be terminated because of the remarriage; and
"(2) such annuity was terminated by law because of that remarriage;
then payment of annuity may be made by reason of this section in such case, beginning as of the effective date of the termination because of the remarriage."
1 So in original. No subsec. (j) has been enacted.
§8342. Lump-sum benefits; designation of beneficiary; order of precedence
(a) Subject to subsection (j) of this section, an employee or Member who—
(1)(A) is separated from the service for at least thirty-one consecutive days; or
(B) is transferred to a position in which he is not subject to this subchapter, or
(2) files an application with the Office of Personnel Management for payment of the lump-sum credit;
(3) is not reemployed in a position in which he is subject to this subchapter, or
(4) will not become eligible to receive an annuity within thirty-one days after filing the application,
is entitled to be paid the lump-sum credit. Except as provided in
(i) entitlement to payment of the lump-sum credit shall be determined without regard to paragraph (1) or (3) if, or to the extent that, such lump-sum credit relates to service of a type described in clauses (i) through (iii) of section 302(a)(1)(C) of the Federal Employees' Retirement System Act of 1986; and
(ii) if, or to the extent that, the lump-sum credit so relates to service of a type referred to in clause (i), it shall (notwithstanding section 8331(8)) consist of—
(I) the amount by which any unrefunded amount described in section 8331(8)(A) or (B) relating to such service, exceeds 1.3 percent of basic pay for such service; and
(II) interest on the amount payable under subclause (I), computed in a manner consistent with applicable provisions of section 8331(8).
(b) Under regulations prescribed by the Office, a present or former employee or Member may designate a beneficiary or beneficiaries for the purpose of this subchapter.
(c) Lump-sum benefits authorized by subsections (d)–(f) of this section shall be paid to the person or persons surviving the employee or Member and alive at the date title to the payment arises in the following order of precedence, and the payment bars recovery by any other person:
First, to the beneficiary or beneficiaries designated by the employee or Member in a signed and witnessed writing received in the Office before his death. For this purpose, a designation, change, or cancellation of beneficiary in a will or other document not so executed and filed has no force or effect.
Second, if there is no designated beneficiary, to the widow or widower of the employee or Member.
Third, if none of the above, to the child or children of the employee or Member and descendants of deceased children by representation.
Fourth, if none of the above, to the parents of the employee or Member or the survivor of them.
Fifth, if none of the above, to the duly appointed executor or administrator of the estate of the employee or Member.
Sixth, if none of the above, to such other next of kin of the employee or Member as the Office determines to be entitled under the laws of the domicile of the employee or Member at the date of his death.
For the purpose of this subsection, "child" includes a natural child and an adopted child, but does not include a stepchild.
(d) If an employee or Member dies—
(1) without a survivor; or
(2) with a survivor or survivors and the right of all survivors terminates before a claim for survivor annuity is filed;
or if a former employee or Member not retired dies, the lump-sum credit shall be paid.
(e) If all annuity rights under this subchapter based on the service of a deceased employee or Member terminate before the total annuity paid equals the lump-sum credit, the difference shall be paid.
(f) If an annuitant dies, annuity accrued and unpaid shall be paid.
(g) Annuity accrued and unpaid on the termination, except by death, of the annuity of an annuitant or survivor annuitant shall be paid to that individual. Annuity accrued and unpaid on the death of a survivor annuitant shall be paid in the following order of precedence, and the payment bars recovery by any other person:
First, to the duly appointed executor or administrator of the estate of the survivor annuitant.
Second, if there is no executor or administrator, payment may be made, after 30 days from the date of death of the survivor annuitant, to such next of kin of the survivor annuitant as the Office determines to be entitled under the laws of the domicile of the survivor annuitant at the date of his death.
(h) Amounts deducted and withheld from the basic pay of an employee or Member from the first day of the first month which begins after he has performed sufficient service (excluding service which the employee or Member elects to eliminate for the purpose of annuity computation under
(i) An employee who—
(1) is separated from the service before July 12, 1960; and
(2) continues in the service after July 12, 1960, without break in service of 1 workday or more;
is entitled to the benefits of subsection (h) of this section.
(j)(1)(A) Payment of the lump-sum credit under subsection (a) may be made only if the spouse, if any, and any former spouse of the employee or Member are notified of the employee or Member's application.
(B) The Office shall prescribe regulations under which the lump-sum credit shall not be paid without the consent of a spouse or former spouse of the employee or Member where the Office has received such additional information and documentation as the Office may require that—
(i) a court order bars payment of the lump-sum credit in order to preserve the court's ability to award an annuity under section 8341(h) or section 8345(j); or
(ii) payment of the lump-sum credit would extinguish the entitlement of the spouse or former spouse, under a court order on file with the Office, to a survivor annuity under section 8341(h) or to any portion of an annuity under section 8345(j).
(2)(A) Notification of a spouse or former spouse under this subsection shall be made in accordance with such requirements as the Office shall by regulation prescribe.
(B) Under the regulations, the Office may provide that paragraph (1)(A) of this subsection may be waived with respect to a spouse or former spouse if the employee or Member establishes to the satisfaction of the Office that the whereabouts of such spouse or former spouse cannot be determined.
(3) The Office shall prescribe regulations under which this subsection shall be applied in any case in which the Office receives two or more such orders or decrees.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| July 31, 1956, ch. 804, §401 "Sec. 11" |
||
| July 12, 1960, |
||
| Oct. 4, 1961, |
In subsection (a), the words "before October 1, 1956" are substituted for "prior to the effective date of the Civil Service Retirement Act Amendments of 1956" on authority of §406 of the Act of July 31, 1956, ch. 804,
In subsection (g), the words "the expiration of" are omitted as surplusage.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
| Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 8342(a) | [No source]. | [No source.] |
| 8342(c) | 5 App.: 2261(c). | Mar. 23, 1966, |
| 5 App.: 2251(j) (last sentence). | Apr. 25, 1966, |
In subsection (a), the amendment is made for consistency within the subchapter and to reflect that it is the individual, rather than the position, that is subject to the subchapter.
In the last sentence of subsection (c), the words "this subsection" are substituted for "section 11" to reflect the codification of
Editorial Notes
References in Text
The Federal Employees' Retirement System Act of 1986, referred to in subsec. (a), is
Amendments
2000—Subsec. (j)(1).
"(A) may be made only if any current spouse and any former spouse of the employee or Member are notified of the employee or Member's application; and
"(B) shall be subject to the terms of a court decree of divorce, annulment, or legal separation or any court order or court approved property settlement agreement incident to such decree if—
"(i) the decree, order, or agreement expressly relates to any portion of the lump-sum credit involved; and
"(ii) payment of the lump-sum credit would extinguish entitlement of the employee's or Member's spouse or former spouse to a survivor annuity under
1990—Subsec. (a).
1988—Subsec. (a).
1986—Subsec. (a).
Subsec. (j)(1)(B).
"(i) the order or decree expressly relates to any portion of the lump-sum credit involved, and
"(ii) payment of the lump-sum credit would extinguish entitlement of the former spouse to a survivor annuity under
1984—Subsec. (a).
Subsec. (j).
1982—Subsec. (a).
1978—Subsecs. (a) to (c), (g).
Statutory Notes and Related Subsidiaries
Effective Date of 1990 Amendment
Amendment by
Effective Date of 1986 Amendment
Amendment by
Effective Date of 1984 Amendment
Amendment by
Effective Date of 1982 Amendment
Section 303(d)(2) of
Effective Date of 1978 Amendment
Amendment by
Reestablishment of Right To Receive Annuity by Judges Who Received Lump-sum Credit
§8343. Additional annuities; voluntary contributions
(a) Under regulations prescribed by the Office of Personnel Management, an employee or Member may voluntarily contribute additional sums in multiples of $25, but the total may not exceed 10 percent of his basic pay for creditable service after July 31, 1920. The voluntary contribution account in each case is the sum of unrefunded contributions, plus interest at 3 percent a year through December 31, 1984, and thereafter at the rate computed under
(1) the date of payment under subsection (d) of this section, separation, or transfer to a position in which he does not continue subject to this subchapter, whichever is earliest; or
(2) the commencing date fixed for a deferred annuity or date of death, whichever is earlier, in the case of an individual who is separated with title to deferred annuity and does not claim the voluntary contribution account.
(b) The voluntary contribution account is used to purchase at retirement an annuity in addition to the annuity otherwise provided. For each $100 in the voluntary contribution account, the additional annuity consists of $7, increased by 20 cents for each full year, if any, the employee or Member is over 55 years of age at the date of retirement.
(c) A retiring employee or Member may elect a reduced additional annuity instead of the additional annuity described by subsection (b) of this section and designate in writing an individual to receive after his death an annuity of 50 percent of his reduced additional annuity. The additional annuity of the employee or Member making the election is reduced by 10 percent, and by 5 percent for each full 5 years the individual designated is younger than the retiring employee or Member. However, the total reduction may not exceed 40 percent.
(d) A present or former employee or Member is entitled to be paid the voluntary contribution account if he files application for payment with the Office before receiving an additional annuity. An individual who has been paid the voluntary contribution account may not again deposit additional sums under this section until, after a separation from the service of more than 3 calendar days, he again becomes subject to this subchapter.
(e) If a present or former employee or Member not retired dies, the voluntary contribution account is paid under
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| July 31, 1956, ch. 804, §401 "Sec. 12", |
||
| Aug. 14, 1958, |
In subsection (a), the words "after July 31, 1920" are substituted for "on or after August 1, 1920". In paragraph (1), the words "payment under subsection (d) of this section" are based on "but such account shall not in any case include interest beyond date of payment" in former section 2262(d); the latter, accordingly, are omitted from subsection (d).
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
This section amends
Editorial Notes
Amendments
1982—Subsec. (a).
1978—Subsecs. (a), (d).
Statutory Notes and Related Subsidiaries
Effective Date of 1982 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
§8343a. Alternative forms of annuities
(a) The Office of Personnel Management shall prescribe regulations under which any employee or Member who has a life-threatening affliction or other critical medical condition may, at the time of retiring under this subchapter (other than under
(b) Subject to subsection (c), the Office shall by regulation provide for such alternative forms of annuities as the Office considers appropriate, except that among the alternatives offered shall be—
(1) an alternative which provides for—
(A) payment of the lump-sum credit to the employee or Member; and
(B) payment of an annuity to the employee or Member for life; and
(2) in the case of an employee or Member who is married at the time of retirement, an alternative which provides for—
(A) payment of the lump-sum credit to the employee or Member; and
(B) payment of an annuity to the employee or Member for life, with a survivor annuity payable for the life of a surviving spouse.
(c) Each alternative provided for under subsection (b) shall, to the extent practicable, be designed such that the present value of the benefits provided under such alternative (including any lump-sum credit) is actuarially equivalent to the present value of the annuity which would otherwise be provided the employee or Member under this subchapter, as computed under subsections (a)–(i), (n), (q), (r), and (s) of section 8339.
(d) An employee or Member who, at the time of retiring under this subchapter—
(1) is married, shall be ineligible to make an election under this section unless a waiver is made under
(2) has a former spouse, shall be ineligible to make an election under this section if the former spouse is entitled to benefits under
(e) An employee or Member who is married at the time of retiring under this subchapter and who makes an election under this section may, during the 18-month period beginning on the date of retirement, make the election provided for under
(Added
Editorial Notes
Amendments
2000—Subsec. (c).
1997—Subsec. (c).
1993—Subsec. (a).
Subsec. (f).
1990—Subsec. (c).
Subsec. (f).
Statutory Notes and Related Subsidiaries
Effective Date of 2000 Amendment
Amendment by
Effective Date of 1997 Amendment
Amendment by
Effective Date of 1993 Amendment
Section 11002(d) of
Effective Date
Section effective June 6, 1986, see section 702(b)(3) of
Applicability of Sections 8343a(f) and 8420a(f) to Individuals Called to or Performing Duty in Connection With Operation Desert Shield
Section 7001(a)(4) of
"(A) In applying the provisions of
"(B) This paragraph applies with respect to any individual who—
"(i)(I) is a member of the Armed Forces of the United States who, before December 1, 1990, was called or ordered to active duty (other than for training) pursuant to section 672 [now 12301], 673 [now 12302], 673b [now 12304], 674 [now 12306], 675 [now 12307], or 688 of
"(II) is an employee of the Department of Defense who is certified by the Secretary of Defense to have performed, after November 30, 1990, duties essential for the support of Operation Desert Shield; and
"(ii) would have been eligible to make an election under
"(C) The Office of Personnel Management may prescribe such regulations as may be necessary to carry out this paragraph."
Partial Deferred Payment of Lump-Sum Credit for Certain Individuals Electing Alternative Forms of Annuities
"(a)
"(b)
"(1) 50 percent of the lump-sum credit shall be payable on the date on which, but for the enactment of this section, the full amount of the lump-sum credit would otherwise be payable.
"(2) The remainder of the lump-sum credit shall be payable on the date which occurs 12 months after the date on which the payment described in paragraph (1) is paid.
An amount payable in accordance with paragraph (2) shall be payable with interest, computed using the rate under
"(c)
"(1) in the case of any individual who is separated from Government service involuntarily, other than for cause on charges of misconduct or delinquency; and
"(2) in the case of any individual as to whom the application of this section would be against equity and good conscience, due to a life-threatening affliction or other critical medical condition affecting such individual.
"(d)
"(e)
"(f)
"(1) paragraph (2)(A) thereof; or
"(2) section 7001(a)(4) of the Omnibus Budget Reconciliation Act of 1990 [
[Section 7001(a)(2)(C)(ii) of
Similar provisions were contained in the following acts:
§8344. Annuities and pay on reemployment
(a) If an annuitant receiving annuity from the Fund, except—
(1) a disability annuitant whose annuity is terminated because of his recovery or restoration of earning capacity;
(2) an annuitant whose annuity, based on an involuntary separation (other than an automatic separation or an involuntary separation for cause on charges of misconduct or delinquency), is terminated under subsection (b) of this section;
(3) an annuitant whose annuity is terminated under subsection (c) of this section; or
(4) a Member receiving annuity from the Fund;
becomes employed in an appointive or elective position, his service on and after the date he is so employed is covered by this subchapter. Deductions for the Fund may not be withheld from his pay unless the individual elects to have such deductions withheld under subparagraph (A). An amount equal to the annuity allocable to the period of actual employment shall be deducted from his pay, except for lump-sum leave payment purposes under
(A) deductions for the Fund may be withheld from his pay (if the employee so elects), and his annuity on termination of employment is increased by an annuity computed under section 8339(a), (b), (d), (e), (h), (i), (n), (q), (r), and (s) as may apply based on the period of employment and the basic pay, before deduction, averaged during that employment; and
(B) his lump-sum credit may not be reduced by annuity paid during that employment.
If the annuitant is receiving a reduced annuity as provided in section 8339(j) or
(b) If an annuitant, other than a Member receiving an annuity from the Fund, whose annuity is based on an involuntary separation (other than an automatic separation or an involuntary separation for cause or charges on misconduct or delinquency) is reemployed in a position in which he is subject to this subchapter, payment of the annuity terminates on reemployment.
(c) If an annuitant, other than a Member receiving an annuity from the Fund, is appointed by the President to a position in which he is subject to this subchapter, or is elected as a Member, payment of the annuity terminates on reemployment. Upon separation from such position, an individual whose annuity is so terminated is entitled to have his rights redetermined under this subchapter, except that the amount of the annuity resulting from such redetermination shall be at least equal to the amount of the terminated annuity plus any increases under
(d) If a Member receiving annuity from the Fund becomes employed in an appointive or elective position, annuity payments are discontinued during the employment and resumed on termination of the employment in the amount equal to the sum of the amount of the annuity the member was receiving immediately before the commencement of the employment and the amount of the increases which would have been made in the amount of the annuity under
(1) the retired Member or Member separated with title to immediate or deferred annuity, who serves at any time after separation as a Member in an appointive position in which he is subject to this subchapter, is entitled, if he so elects, to have his Member annuity computed or recomputed as if the service had been performed before his separation as a Member and the annuity as so computed or recomputed is effective—
(A) the day Member annuity commences; or
(B) the day after the date of separation from the appointive position;
whichever is later;
(2) if the retired Member becomes employed after December 31, 1958, in an appointive position on an intermittent-service basis—
(A) his annuity continues during the employment and is not increased as a result of service performed during that employment;
(B) retirement deductions may not be withheld from his pay;
(C) an amount equal to the annuity allocable to the period of actual employment shall be deducted from his pay, except for lump-sum leave payment purposes under
(D) the amounts so deducted shall be deposited in the Treasury of the United States to the credit of the Fund;
(3) if the retired Member becomes employed after December 31, 1958, in an appointive position without pay on a full-time or substantially full-time basis, his annuity continues during the employment and is not increased as a result of service performed during the employment; and
(4) if the retired Member takes office as Member and gives notice as provided by
(e) This section does not apply to an individual appointed to serve as a Governor of the Board of Governors of the United States Postal Service.
(f) Notwithstanding the provisions of subsection (a) of this section, if an annuitant receiving annuity from the Fund, except a Member receiving annuity from the Fund, becomes employed as a justice or judge of the United States, as defined by
(g) A former employee or a former Member who becomes employed as a justice or judge of the United States, as defined by
(h)(1) Subject to paragraph (2) of this subsection, subsections (a), (b), (c), and (d) of this section shall not apply to any annuitant receiving an annuity from the Fund while such annuitant is employed, during any period described in
(2) Paragraph (1) of this subsection shall apply only in the case of any annuitant receiving an annuity from the Fund who, before December 31, 1987, applied for retirement or separated from the service while being entitled to an annuity under this chapter.
(i)(1) The Director of the Office of Personnel Management may, at the request of the head of an Executive agency—
(A) waive the application of the preceding provisions of this section on a case-by-case basis for employees in positions for which there is exceptional difficulty in recruiting or retaining a qualified employee; or
(B) grant authority to the head of such agency to waive the application of the preceding provisions of this section, on a case-by-case basis, for an employee serving on a temporary basis, but only if, and for so long as, the authority is necessary due to an emergency involving a direct threat to life or property or other unusual circumstances.
(2) The Office shall prescribe regulations for the exercise of any authority under this subsection, including criteria for any exercise of authority and procedures for terminating a delegation of authority under paragraph (1)(B).
(j)(1) If warranted by circumstances described in subsection (i)(1)(A) or (B) (as applicable), the Director of the Administrative Office of the United States Courts shall, with respect to an employee in the judicial branch, have the same waiver authority as would be available to the Director of the Office of Personnel Management, or a duly authorized agency head, under subsection (i) with respect to an employee of an Executive agency.
(2) Authority under this subsection may not be exercised with respect to a justice or judge of the United States, as defined in
(k)(1) If warranted by circumstances described in subsection (i)(1)(A) or (B) (as applicable), an official or committee designated in paragraph (2) shall, with respect to the employees specified in the applicable subparagraph of such paragraph, have the same waiver authority as would be available to the Director of the Office of Personnel Management, or a duly authorized agency head, under subsection (i) with respect to an employee of an Executive agency.
(2) Authority under this subsection may be exercised—
(A) with respect to an employee of an agency in the legislative branch, by the head of such agency;
(B) with respect to an employee of the House of Representatives, by the Committee on House Oversight of the House of Representatives; and
(C) with respect to an employee of the Senate, by the Committee on Rules and Administration of the Senate.
(3) Any exercise of authority under this subsection shall be in conformance with such written policies and procedures as the agency head, the Committee on House Oversight of the House of Representatives, or the Committee on Rules and Administration of the Senate (as applicable) shall prescribe, consistent with the provisions of this subsection.
(4) For the purpose of this subsection, "agency in the legislative branch", "employee of the House of Representatives", "employee of the Senate", and "congressional employee" each has the meaning given to it in
(l)(1) For purposes of this subsection—
(A) the term "head of an agency" means—
(i) the head of an Executive agency, other than the Department of Defense or the Government Accountability Office;
(ii) the head of the United States Postal Service;
(iii) the Director of the Administrative Office of the United States Courts, with respect to employees of the judicial branch; and
(iv) any employing authority described under subsection (k)(2), other than the Government Accountability Office; and
(B) the term "limited time appointee" means an annuitant appointed under a temporary appointment limited to 1 year or less.
(2) The head of an agency may waive the application of subsection (a) or (b) with respect to any annuitant who is employed in such agency as a limited time appointee, if the head of the agency determines that the employment of the annuitant is necessary to—
(A) fulfill functions critical to the mission of the agency, or any component of that agency;
(B) assist in the implementation or oversight of the American Recovery and Reinvestment Act of 2009 (
(C) assist in the development, management, or oversight of agency procurement actions;
(D) assist the Inspector General for that agency in the performance of the mission of that Inspector General;
(E) promote appropriate training or mentoring programs of employees;
(F) assist in the recruitment or retention of employees; or
(G) respond to an emergency involving a direct threat to life of property or other unusual circumstances.
(3) The head of an agency may not waive the application of subsection (a) or (b) with respect to an annuitant—
(A) for more than 520 hours of service performed by that annuitant during the period ending 6 months following the individual's annuity commencing date;
(B) for more than 1040 hours of service performed by that annuitant during any 12-month period; or
(C) for more than a total of 3120 hours of service performed by that annuitant.
(4)(A) The total number of annuitants to whom a waiver by the head of an agency under this subsection or section 8468(i) applies may not exceed 2.5 percent of the total number of full-time employees of that agency.
(B) If the total number of annuitants to whom a waiver by the head of an agency under this subsection or section 8468(i) applies exceeds 1 percent of the total number of full-time employees of that agency, the head of that agency shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Oversight and Government Reform of the House of Representatives, and the Office of Personnel Management—
(i) a report with an explanation that justifies the need for the waivers in excess of that percentage; and
(ii) not later than 180 days after submitting the report under clause (i), a succession plan.
(5)(A) The Director of the Office of Personnel Management may promulgate regulations providing for the administration of this subsection.
(B) Any regulations promulgated under subparagraph (A) may—
(i) provide standards for the maintenance and form of necessary records of employment under this subsection;
(ii) to the extent not otherwise expressly prohibited by law, require employing agencies to provide records of such employment to the Office of Personnel Management or other employing agencies as necessary to ensure compliance with paragraph (3);
(iii) authorize other administratively convenient periods substantially equivalent to 12 months, such as 26 pay periods, to be used in determining compliance with paragraph (3)(B);
(iv) include such other administrative requirements as the Director of the Office of Personnel Management may find appropriate to provide for the effective operation of, or to ensure compliance with, this subsection; and
(v) encourage the training and mentoring of employees by any limited time appointee employed under this subsection.
(6)(A) Any hours of training or mentoring of employees by any limited time appointee employed under this subsection shall not be included in the hours of service performed for purposes of paragraph (3), but those hours of training or mentoring may not exceed 520 hours.
(B) If the primary service performed by any limited time appointee employed under this subsection is training or mentoring of employees, the hours of that service shall be included in the hours of service performed for purposes of paragraph (3).
(7) The authority of the head of an agency under this subsection to waive the application of subsection (a) or (b) shall terminate on December 31, 2024.
(m)(1) For the purpose of subsections (i) through (l), "Executive agency" shall not include the Government Accountability Office.
(2) An employee as to whom a waiver under subsection (i), (j), (k), or (l) is in effect shall not be considered an employee for purposes of this chapter or
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| July 31, 1956, ch. 804, §401 "Sec. 13 (less (a))", |
||
| July 7, 1960, |
||
| July 12, 1960, |
||
| Oct. 4, 1961, |
In subsections (a) and (b), the words "except for lump-sum leave payment purposes under
In subsection (a), the words "after September 30, 1956" are substituted for "hereafter" on authority of §406 of the Act of July 31, 1956, ch. 804,
In subsection (b), the words "receiving annuity from the Fund" are substituted for "heretofore or hereafter retired under this chapter". The word "hereafter" is omitted as unnecessary. In paragraph (1)(B), the words "the day after" are substituted for "the first day of the month following" on authority of former section 2264(b), which is carried into section 8345(b). In paragraph (1), former clause (C) is omitted as obsolete. In paragraph (2)(D), the words "of the United States" are 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.
| Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 8344(a) | 5 App.: 2263(b) (last sentence). | Mar. 30, 1966, |
In subsection (a), the words "after July 11, 1960" are substituted for "on or after July 12, 1960." In subsection (b)(1), the amendment is made for consistency within the subchapter.
In the codification of
Editorial Notes
References in Text
Level V of the Executive Schedule, referred to in subsec. (h)(1), is set out in
The American Recovery and Reinvestment Act of 2009, referred to in subsec. (l)(2)(B), is
The Emergency Economic Stabilization Act of 2008, referred to in subsec. (l)(2)(B), is div. A of
Codification
Amendment of subsec. (h)(2) by Pub. L.
Amendments
2019—Subsec. (l)(7).
2014—Subsec. (l)(7).
2011—Subsec. (l)(2)(B).
2009—Subsec. (l).
Subsec. (m).
Subsec. (m)(1).
Subsec. (m)(2).
2004—Subsec. (l)(1).
2000—Subsec. (a)(A).
Subsec. (h)(1).
1997—Subsec. (a)(A).
Subsec. (k)(2)(B), (3).
1992—Subsec. (i).
1991—Subsec. (i)(3).
Subsecs. (j) to (l).
1990—Subsec. (a)(A).
Subsec. (i).
1988—Subsec. (h)(2).
1987—Subsec. (h)(2).
For amendment by section 106 of
1986—Subsec. (h)(2).
1985—Subsec. (h)(1).
Subsec. (h)(2).
1984—Subsec. (a)(A).
Subsec. (d).
Subsec. (h)(1).
1982—Subsec. (a).
Subsec. (a)(4)(A).
Subsec. (h).
1981—Subsec. (c).
1980—Subsec. (c).
Subsecs. (f), (g).
1978—Subsec. (a).
1976—Subsec. (a).
Subsecs. (b), (c).
Subsec. (d).
Subsec. (e).
1972—Subsec. (a).
1971—Subsec. (a).
1970—Subsec. (c).
Statutory Notes and Related Subsidiaries
Change of Name
Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.
Committee on House Oversight of House of Representatives changed to Committee on House Administration of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999.
Effective Date of 2014 Amendment
Effective Date of 2000 Amendment
Amendment by
Effective Date of 1997 Amendment
Amendment by
Effective Date of 1992 Amendment
Amendment by
Effective Date of 1990 Amendment
Amendment by
Effective Date of 1986 Amendment
Effective Date of 1984 Amendments
Amendment by
Amendment by
Effective Date of 1982 Amendment
Amendment by
Effective Date of 1981 Amendment
"(1) Subject to paragraph (2), the amendment made by subsection (a) [amending this section] shall apply to individuals whose annuities terminate under
"(2) In the case of an individual whose reemployment ended before the date of the enactment of this Act [Dec. 29, 1981], the amendment shall apply only upon application by the individual to the Office of Personnel Management within one year after the date of enactment. Upon receipt of such application, the Office shall recompute the annuity, effective as of the day following the day reemployment ended."
Effective Date of 1980 Amendment
"(a) The provisions of this Act [amending this section, repealing
"(1) the date of the enactment of this Act [Dec. 5, 1980], or
"(2) October 1, 1980,
whichever date is later.
"(b) The provisions of subsection (f) of
Effective Date of 1978 Amendments
Amendment by
Amendment by
Effective Date of 1976 Amendment
"(a) Except as provided under subsection (b) of this section, the amendments made by this Act [amending this section and
"(b) The amendment made by subsection (c) of the first section of this Act [amending this section] shall become effective on the date of the enactment of this Act [Sept. 3, 1976] or October 1, 1976, whichever is later, but shall not apply to any annuitant reemployed before such date."
Effective Date of 1972 Amendment
Amendment by
Effective Date of 1971 Amendment
Effective Date of 1970 Amendment
Amendment by
Effective Date of 1967 Amendment
Amendment by section 1(83)(A), (D) of
Elimination of Duplicative Amendments
Construction of 2009 Amendment
Annual Report to Congress
"(1) For the purpose of this subsection, the term 'agency in the legislative branch' has the meaning given such term by
"(2) Each agency in the legislative branch shall submit to the Speaker of the House of Representatives and the Committee on Rules and Administration of the Senate, for each calendar year, a written report on how any authority made available as a result of the enactment of this section [amending this section and
"(3) A report under this subsection—
"(A) shall include the number of instances in which each type of authority was exercised, the circumstances justifying the exercise of authority, and, unless previously submitted, a description of the policies and procedures governing each type of authority exercised; and
"(B) shall be submitted not later than 30 days after the end of the calendar year to which it relates."
Commission on the Operation of the Senate
§8345. Payment of benefits; commencement, termination, and waiver of annuity
(a) Each annuity is stated as an annual amount, one-twelfth of which, rounded to the next lowest dollar, constitutes the monthly rate payable on the first business day of the month after the month or other period for which it has accrued.
(b)(1) Except as otherwise provided—
(A) an annuity of an employee or Member commences on the first day of the month after—
(i) separation from the service; or
(ii) pay ceases and the service and age requirements for title to annuity are met; and
(B) any other annuity payable from the Fund commences on the first day of the month after the occurrence of the event on which payment thereof is based.
(2) The annuity of—
(A) an employee involuntarily separated from service, except by removal for cause on charges of misconduct or delinquency; and
(B) an employee or Member retiring under
shall commence on the day after separation from the service or the day after pay ceases and the service and age or disability requirements for title to annuity are met.
(c) The annuity of a retired employee or Member terminates on the day death or other terminating event provided by this subchapter occurs. The annuity of a survivor terminates on the last day of the month before death or other terminating event occurs.
(d) An individual entitled to annuity from the Fund may decline to accept all or any part of the annuity by a waiver signed and filed with the Office of Personnel Management. The waiver may be revoked in writing at any time. Payment of the annuity waived may not be made for the period during which the waiver was in effect.
(e)(1) Payment due a minor, or an individual mentally incompetent or under other legal disability, may be made to the person (including an organization) who is constituted guardian or other fiduciary by the law of the State of residence of the claimant or is otherwise legally vested with the care of the claimant or his estate. If a guardian or other fiduciary of the individual under legal disability has not been appointed under the law of the State of residence of the claimant, payment may be made to any person (including an organization) who, in the judgment of the Office, is responsible for the care of the claimant and may appropriately receive such payments on behalf of the claimant, and the payment bars recovery by any other person.
(2) If the Office determines that direct payment of a benefit to an individual mentally incompetent or under other legal disability would cause substantial harm to the individual, the Office may defer or suspend direct payment of the benefit until such time as the appointment of a representative payee is made. The Office shall resume payment as soon as practicable, including all amounts due.
(f) The Office may not authorize a person to receive payments on behalf of a minor or individual of legal disability under subsection (e) if that person has been convicted of a violation of—
(1) section 8345a or 8466a;
(2) section 208 or 1632 of the Social Security Act (
(3)
(g) The Office shall prescribe regulations to provide that the amount of any monthly annuity payable under this section accruing for any month and which is computed with regard to service that includes any service referred to in section 8332(b)(6) performed by an individual prior to January 1, 1969, shall be reduced by the portion of any benefits under any State retirement system to which such individual is entitled (or on proper application would be entitled) for such month which is attributable to such service performed by such individual before such date.
(h) An individual entitled to an annuity from the Fund may make allotments or assignments of amounts from his annuity for such purposes as the Office of Personnel Management in its sole discretion considers appropriate.
(i)(1) No payment shall be made from the Fund unless an application for benefits based on the service of an employee or Member is received in the Office of Personnel Management before the one hundred and fifteenth anniversary of his birth.
(2) Notwithstanding paragraph (1) of this subsection, after the death of an employee, Member, or annuitant, no benefit based on his service shall be paid from the Fund unless an application therefor is received in the Office of Personnel Management within 30 years after the death or other event which gives rise to title to the benefit.
(j)(1) Payments under this subchapter which would otherwise be made to an employee, Member, or annuitant based on service of that individual shall be paid (in whole or in part) by the Office to another person if and to the extent expressly provided for in the terms of—
(A) any court decree of divorce, annulment, or legal separation, or the terms of any court order or court-approved property settlement agreement incident to any court decree of divorce, annulment, or legal separation; or
(B) any court order or other similar process in the nature of garnishment for the enforcement of a judgment rendered against such employee, Member, or annuitant, for physically, sexually, or emotionally abusing a child.
In the event that the Office is served with more than 1 decree, order, or other legal process with respect to the same moneys due or payable to any individual, such moneys shall be available to satisfy such processes on a first-come, first-served basis, with any such process being satisfied out of such moneys as remain after the satisfaction of all such processes which have been previously served.
(2) Paragraph (1) shall only apply to payments made by the Office under this subchapter after the date of receipt in the Office of written notice of such decree, order, other legal process, or agreement, and such additional information and documentation as the Office may prescribe.
(3) For the purpose of this subsection—
(A) the term "court" means any court of any State, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, or the Virgin Islands, and any Indian court;
(B) the term "judgment rendered for physically, sexually, or emotionally abusing a child" means any legal claim perfected through a final enforceable judgment, which claim is based in whole or in part upon the physical, sexual, or emotional abuse of a child, whether or not that abuse is accompanied by other actionable wrongdoing, such as sexual exploitation or gross negligence; and
(C) the term "child" means an individual under 18 years of age.
(k)(1) The Office shall, in accordance with this subsection, enter into an agreement with any State within 120 days of a request for agreement from the proper State official. The agreement shall provide that the Office shall withhold State income tax in the case of the monthly annuity of any annuitant who voluntarily requests, in writing, such withholding. The amounts withheld during any calendar quarter shall be held in the Fund and disbursed to the States during the month following that calendar quarter.
(2) An annuitant may have in effect at any time only one request for withholding under this subsection, and an annuitant may not have more than two such requests in effect during any one calendar year.
(3) Subject to paragraph (2) of this subsection, an annuitant may change the State designated by that annuitant for purposes of having withholdings made, and may request that the withholdings be remitted in accordance with such change. An annuitant also may revoke any request of that annuitant for withholding. Any change in the State designated or revocation is effective on the first day of the month after the month in which the request or the revocation is processed by the Office, but in no event later than on the first day of the second month beginning after the day on which such request or revocation is received by the Office.
(4) This subsection does not give the consent of the United States to the application of a statute which imposes more burdensome requirements on the United States than on employers generally, or which subjects the United States or any annuitant to a penalty or liability because of this subsection. The Office may not accept pay from a State for services performed in withholding State income taxes from annuities. Any amount erroneously withheld from an annuity and paid to a State by the Office shall be repaid by the State in accordance with regulations issued by the Office.
(5) For the purpose of this subsection, "State" means a State, the District of Columbia, or any territory or possession of the United States.
(l) Transfers of contributions and deposits authorized by section 408(a)(3) of the Foreign Service Act of 1980 shall be deemed to be a complete and final payment of benefits under this chapter.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| July 31, 1956, ch. 804, §401 "Sec. 14", |
||
| Sept. 6, 1960, |
In subsection (b), the second sentence of former section 2264(b) is omitted as included in the second sentence of the revised subsection. The words "after September 5, 1960" are substituted for "on or after September 6, 1960".
In subsection (c), the first sentence of former section 2264(c) is omitted as covered by the remainder of the subsection. The words "on or after September 6, 1960" are omitted as obsolete.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Editorial Notes
References in Text
Section 408(a)(3) of the Foreign Service Act of 1980, referred to in subsec. (l), is classified to
Amendments
2020—Subsec. (e).
Subsec. (f).
1994—Subsec. (j)(1).
Subsec. (j)(2).
Subsec. (j)(3).
1990—Subsec. (l).
1986—Subsec. (f).
1984—Subsec. (f)(4).
Subsec. (j)(3).
1982—Subsec. (a).
Subsec. (b).
1981—Subsec. (k).
1978—Subsecs. (d), (e).
Subsec. (g).
Subsec. (h).
Subsec. (i).
Subsec. (j).
1975—Subsec. (g).
Subsec. (h).
1974—Subsec. (f).
Statutory Notes and Related Subsidiaries
Effective Date of 2020 Amendment
Amendment by
Effective Date of 1994 Amendment
Section 3 of
Effective Date of 1984 Amendment
Amendment by
Effective Date of 1982 Amendment
Amendment by section 304(b) of
Section 305(b) of
Effective Date of 1981 Amendment
Section 1705(b) of
Effective Date of 1978 Amendments
Amendment by
Section 2 of
Effective Date of 1975 Amendment
Amendment by
Effective Date of 1974 Amendment
Section 3 of
Regulations
Regulations to carry out amendment by
Minimum Annuity Under Civil Service Retirement and Disability System
Section 305(b)–(d) of
"(b)
"(1) by reason of the repeal of
"(2) if or to the extent that the reduction is to be made for the purpose of eliminating an overpayment resulting from the manner in which such section 8345(f) has been administered by the Office of Personnel Management.
"(c)
"(d)
"(A) is payable from the Civil Service Retirement and Disability Fund; and
"(B) was reduced after June 30, 1985, and before the date of enactment of this Act, to eliminate any overpayment resulting from the manner in which the Office of Personnel Management administered
shall not be less than the amount which would have been payable as of such date of enactment if the reduction described in clause (B) had not been made.
"(2)(A) The Office shall make a lump-sum payment to each individual receiving an annuity to which paragraph (1) applies.
"(B) The lump-sum payment made to any individual under this paragraph shall be equal to the excess of—
"(i) the total amount of the annuity payments which would have been made to the individual for the period beginning with the first month in which the reduction described in paragraph (1)(B) was made and ending on the last day of the month in which this Act is enacted if the reduction had not been made, over
"(ii) the total amount of the annuity payments which have been paid to such individual for that period."
Availability of the Civil Service Retirement and Disability Fund for Expenses Incurred by the Office of Personnel Management
Section 1705(c) of
Monthly Rate of Minimum Annuity
Section 2(c) of
§8345a. Embezzlement or conversion of payments
(a)
(1)
(2)
(A) revoke the certification for payment of benefits to the representative payee; and
(B) certify payment—
(i) to another representative payee; or
(ii) if the interest of the individual under this title would be served thereby, to the individual.
(b)
(Added
Statutory Notes and Related Subsidiaries
Effective Date
Section effective on Mar. 18, 2020, and applicable on and after the effective date of regulations promulgated under section 3(b)(1) of
Regulations
Regulations to carry out this section to be promulgated by Office of Personnel Management no later than 1 year after Mar. 18, 2020, with allowance for additional regulations relating to administration of representative payee program, see section 3(b) of
§8346. Exemption from legal process; recovery of payments
(a) The money mentioned by this subchapter is not assignable, either in law or equity, except under the provisions of subsections (h) and (j) of
(b) Recovery of payments under this subchapter may not be made from an individual when, in the judgment of the Office of Personnel Management, the individual is without fault and recovery would be against equity and good conscience. Withholding or recovery of money mentioned by this subchapter on account of a certification or payment made by a former employee of the United States in the discharge of his official duties may be made only if the head of the agency on behalf of which the certification or payment was made certifies to the Office that the certification or payment involved fraud on the part of the former employee.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| July 31, 1956, ch. 804, §401 "Sec. 15", |
In subsection (b), the words "Notwithstanding any other provision of law" are omitted as unnecessary. The second word of the second sentence "or" is substituted for "of" to correct a printing error.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Editorial Notes
Amendments
1978—Subsec. (a).
Subsec. (b).
1975—Subsec. (a).
Statutory Notes and Related Subsidiaries
Effective Date of 1978 Amendments
Amendment by
Amendment by
§8347. Administration; regulations
(a) The Office of Personnel Management shall administer this subchapter. Except as otherwise specifically provided herein, the Office shall perform, or cause to be performed, such acts and prescribe such regulations as are necessary and proper to carry out this subchapter.
(b) Applications under this subchapter shall be in such form as the Office prescribes. Agencies shall support the applications by such certificates as the Office considers necessary to the determination of the rights of applicants. The Office shall adjudicate all claims under this subchapter.
(c) The Office shall determine questions of disability and dependency arising under this subchapter. Except to the extent provided under subsection (d) of this section, the decisions of the Office concerning these matters are final and conclusive and are not subject to review. The Office may direct at any time such medical or other examinations as it considers necessary to determine the facts concerning disability or dependency of an individual receiving or applying for annuity under this subchapter. The Office may suspend or deny annuity for failure to submit to examination.
(d)(1) Subject to paragraph (2) of this subsection, an administrative action or order affecting the rights or interests of an individual or of the United States under this subchapter may be appealed to the Merit Systems Protection Board under procedures prescribed by the Board.
(2) In the case of any individual found by the Office to be disabled in whole or in part on the basis of the individual's mental condition, and that finding was made pursuant to an application by an agency for purposes of disability retirement under
(e) The Office shall fix the fees for examinations made under this subchapter by physicians or surgeons who are not medical officers of the United States. The fees and reasonable traveling and other expenses incurred in connection with the examinations are paid from appropriations for the cost of administering this subchapter.
(f) The Office shall select three actuaries, to be known as the Board of Actuaries of the Civil Service Retirement System. The Office shall fix the pay of the members of the Board, except members otherwise in the employ of the United States. The Board shall report annually on the actuarial status of the System and furnish its advice and opinion on matters referred to it by the Office. The Board may recommend to the Office and to Congress such changes as in the Board's judgment are necessary to protect the public interest and maintain the System on a sound financial basis. The Office shall keep, or cause to be kept, such records as it considers necessary for making periodic actuarial valuations of the System. The Board shall make actuarial valuations every 5 years, or oftener if considered necessary by the Office.
(g) The Office may exclude from the operation of this subchapter an employee or group of employees in or under an Executive agency whose employment is temporary or intermittent. However, the Office may not exclude any employee who occupies a position on a part-time career employment basis (as defined in
(h) The Office, on recommendation by the Mayor of the District of Columbia, may exclude from the operation of this subchapter an individual or group of individuals employed by the government of the District of Columbia whose employment is temporary or intermittent.
(i) The Architect of the Capitol may exclude from the operation of this subchapter an employee under the Office of the Architect of the Capitol whose employment is temporary or of uncertain duration.
(j) The Librarian of Congress may exclude from the operation of this subchapter an employee under the Library of Congress whose employment is temporary or of uncertain duration.
(k) The Secretary of Agriculture shall prescribe regulations to effect the application and operation of this subchapter to an individual named by
(l) The Director or Acting Director of the Botanic Garden may exclude from the operation of this subchapter an employee under the Botanic Garden whose employment is temporary or of uncertain duration.
(m) Notwithstanding any other provision of law, for the purpose of ensuring the accuracy of information used in the administration of this chapter, at the request of the Director of the Office of Personnel Management—
(1) the Secretary of Defense or the Secretary's designee shall provide information on retired or retainer pay provided under title 10;
(2) the Secretary of Veterans Affairs shall provide information on pensions or compensation provided under title 38;
(3) the Commissioner of Social Security or the Secretary's 1 designee shall provide information contained in the records of the Social Security Administration; and
(4) the Secretary of Labor or the Secretary's designee shall provide information on benefits paid under subchapter I of
The Director shall request only such information as the Director determines is necessary. The Director, in consultation with the officials from whom information is requested, shall establish, by regulation and otherwise, such safeguards as are necessary to ensure that information made available under this subsection is used only for the purpose authorized.
(n)(1) Notwithstanding any other provision of this subchapter, the Director of Central Intelligence shall, in a manner consistent with the administration of this subchapter by the Office, and to the extent considered appropriate by the Director of Central Intelligence—
(A) determine entitlement to benefits under this subchapter based on the service of employees of the Central Intelligence Agency;
(B) maintain records relating to the service of such employees;
(C) compute benefits under this subchapter based on the service of such employees;
(D) collect deposits to the Fund made by such employees, their spouses, and their former spouses;
(E) authorize and direct disbursements from the Fund to the extent based on service of such employees; and
(F) perform such other functions under this subchapter as the Director of Central Intelligence, in consultation with the Director of the Office of Personnel Management, determines to be appropriate.
(2) The Director of the Office of Personnel Management shall furnish such information and, on a reimbursable basis, such services to the Director of Central Intelligence as the Director of Central Intelligence requests to carry out paragraph (1) of this subsection.
(3)(A) The Director of Central Intelligence, in consultation with the Director of the Office of Personnel Management, shall by regulation prescribe appropriate procedures to carry out this subsection.
(B) The regulations shall provide procedures for the Director of the Office of Personnel Management to inspect and audit disbursements from the Civil Service Retirement and Disability Fund under this subchapter.
(C) The Director of Central Intelligence shall submit the regulations prescribed under subparagraph (A) to the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives before the regulations take effect.
(4)(A) Section 201(c) of the Central Intelligence Agency Retirement Act shall apply in the administration of this subchapter to the extent that the provisions of this subchapter are administered under this subsection.
(B) Notwithstanding subparagraph (A) of this paragraph,
(o) Any provision of law outside of this subchapter which provides coverage, service credit, or any other benefit under this subchapter to any individuals who (based on their being employed by an entity other than the Government) would not otherwise be eligible for any such coverage, credit, or benefit, shall not apply with respect to any individual appointed, transferred, or otherwise commencing that type of employment on or after October 1, 1988.
(p) The Director of the Administrative Office of the United States Courts may exclude from the operation of this subchapter an employee of the Administrative Office of the United States Courts, the Federal Judicial Center, or a court named by
(q)(1) Under regulations prescribed by the Office of Personnel Management, an employee who—
(A) has not previously made an election under this subsection or had an opportunity to make an election under this paragraph; and
(B) moves, without a break in service of more than 1 year, to employment in a nonappropriated fund instrumentality of the Department of Defense or the Coast Guard, respectively, described in section 2105(c),
shall be given the opportunity to elect irrevocably, within 30 days after such move, to remain covered as an employee under this subchapter during any employment described in section 2105(c) after such move.
(2) Under regulations prescribed by the Office of Personnel Management, an employee of a nonappropriated fund instrumentality of the Department of Defense or the Coast Guard, described in section 2105(c), who—
(A) has not previously made an election under this subsection or had an opportunity to make an election under this paragraph;
(B) is a participant in a retirement system established for employees described in section 2105(c);
(C) moves, without a break in service of more than 1 year, to a position that is not described in section 2105(c); and
(D) is excluded from coverage under
shall be given the opportunity to elect irrevocably, within 30 days after such move, to remain covered, during any subsequent employment as an employee as defined in section 2105(a) or section 2105(c), by the retirement system applicable to such employee's current or most recent employment described in section 2105(c) rather than be subject to this subchapter.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| (a)–(f) | July 31, 1956, ch. 804, §401 "Sec. 16 (less (f))", |
|
| (g)–(k) | July 31, 1956, ch. 804, §401 "Sec. 2(e), (f) (words after semicolon)", |
|
| July 1, 1960, |
In subsection (a), the words "to carry out this subchapter" are substituted for "for the purpose of carrying the provisions of this chapter into full force and effect".
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
| Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 8347(l) | 5 App.: 2252(f). | Sept. 26, 1966, |
Editorial Notes
References in Text
Section 201(c) of the Central Intelligence Agency Retirement Act, referred to in subsec. (n)(4)(A), is classified to
Amendments
2001—Subsec. (q)(1).
Subsec. (q)(2)(B).
1996—Subsec. (q)(1).
Subsec. (q)(2)(C).
1994—Subsec. (m)(3).
1992—Subsec. (n)(4)(A).
Subsec. (p).
Subsec. (q).
Subsec. (q)(1)(A), (2)(A).
1991—Subsec. (m)(2).
1990—Subsec. (p).
1988—Subsec. (o).
1986—Subsec. (n).
1982—Subsec. (m)(3), (4).
1980—Subsec. (c).
Subsec. (d).
Subsec. (m).
1979—Subsec. (h).
1978—Subsecs. (a) to (c).
Subsec. (d).
Subsecs. (e), (f).
Subsec. (g).
Subsec. (h).
1968—Subsec. (h).
Statutory Notes and Related Subsidiaries
Change of Name
Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director's capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director's capacity as the head of the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (b) of
Effective Date of 1996 Amendment
For effective date of amendments by
Effective Date of 1994 Amendment
Amendment by
Effective Date of 1992 Amendments
Amendment by
Amendment by section 2(64) of
Effective Date of 1990 Amendment
Amendment by
Effective Date of 1986 Amendment
Amendment by
Effective Date of 1982 Amendment
Amendment by
Effective Date of 1980 Amendments
Section 2 of
Amendment by
Effective Date of 1979 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Effective Date of 1968 Amendment
Amendment by
Regulations; Effective Date of 1996 Amendment
Section 1043(b), (c) of
"(b)
"(c)
"(1)
"(2)
"(A)
"(B)
"(i) shall be made within 1 year after the effective date of the regulations under subsection (b), and
"(ii) shall have the same force and effect as if it had been timely made at the time of the move,
except that no such election may be made by any individual—
"(I) who has previously made, or had an opportunity to make, an election under
"(II) who has not, since the move on which eligibility for the election is based, remained continuously subject (disregarding any break in service of less than 3 days) to CSRS or FERS or both seriatim (if the move was from a NAFI position) or any retirement system (or 2 or more such systems seriatim) established for employees described in section 2105(c) of such title (if the move was to a NAFI position); or
"(III) if such election would be based on a move to the Civil Service Retirement System from a retirement system established for employees described in section 2105(c) of such title.
"(C)
"(i)
"(ii)
"(iii)
"(I)
"(II)
"(D)
"(i)
"(I) is then currently participating in FERS; and
"(II) would then otherwise be eligible to make an election under subparagraphs (A) through (C) of this paragraph, determined disregarding the matter in subclause (I) of subparagraph (B) before the first semicolon therein.
"(ii)
"(iii)
"(iv)
"(v)
"(I) appropriate transfers of individual and Government contributions are made to the Civil Service Retirement and Disability Fund; and
"(II) the actuarial present value of future benefits under FERS attributable to service made creditable by such election is fully funded.
"(E)
"(i)
"(I) is then currently participating in any retirement system established for employees described in
"(II) would then otherwise be eligible to make an election under subparagraphs (A) through (C) of this paragraph (determined disregarding the matter in subclause (I) of subparagraph (B) before the first semicolon therein) based on a move from FERS.
"(ii)
"(iii)
"(iv)
"(v)
"(I)
"(II)
"(3)
"(A) shall, upon request, be provided information or assistance in determining whether such individual is eligible to make an election under paragraph (2) and, if so, the exact amount of any payment which would be required of such individual in connection with any such election; and
"(B) may seek any other information or assistance relating to any such election."
Termination of Reporting Requirements
For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which the report required by subsec. (f) of this section is listed on page 187), see section 3003 of
Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see
Treatment of Individuals Electing To Remain Subject to Their Former Retirement System
For provisions relating to the deductions and contributions required with respect to individuals electing under
1 So in original. Probably should be "Commissioner's".
§8348. Civil Service Retirement and Disability Fund
(a) There is a Civil Service Retirement and Disability Fund. The Fund—
(1) is appropriated for the payment of—
(A) benefits as provided by this subchapter or by the provisions of
(B) administrative expenses incurred by the Office of Personnel Management in placing in effect each annuity adjustment granted under
(2) is made available, subject to such annual limitation as the Congress may prescribe, for any expenses incurred by the Office in connection with the administration of this chapter,
(3) is made available, subject to such annual limitation as the Congress may prescribe, for any expenses incurred by the Merit Systems Protection Board in the administration of appeals authorized under
(b) The Secretary of the Treasury may accept and credit to the Fund money received in the form of a donation, gift, legacy, or bequest, or otherwise contributed for the benefit of civil-service employees generally.
(c) The Secretary shall immediately invest in interest-bearing securities of the United States such currently available portions of the Fund as are not immediately required for payments from the Fund. The income derived from these investments constitutes a part of the Fund.
(d) The purposes for which obligations of the United States may be issued under
(e) The Secretary may purchase other interest-bearing obligations of the United States, or obligations guaranteed as to both principal and interest by the United States, on original issue or at the market price only if he determines that the purchases are in the public interest.
(f) Any statute which authorizes—
(1) new or liberalized benefits payable from the Fund, including annuity increases other than under
(2) extension of the coverage of this subchapter to new groups of employees; or
(3) increases in pay on which benefits are computed;
is deemed to authorize appropriations to the Fund to finance the unfunded liability created by that statute, in 30 equal annual installments with interest computed at the rate used in the then most recent valuation of the Civil Service Retirement System and with the first payment thereof due as of the end of the fiscal year in which each new or liberalized benefit, extension of coverage, or increase in pay is effective.
(g) At the end of each fiscal year, the Office shall notify the Secretary of the Treasury of the amount equivalent to (1) interest on the unfunded liability computed for that year at the interest rate used in the then most recent valuation of the System, and (2) that portion of disbursement for annuities for that year which the Office estimates is attributable to credit allowed for military service, less an amount determined by the Office to be appropriate to reflect the value of the deposits made to the credit of the Fund under
(h)(1) In this subsection, the term "Postal surplus or supplemental liability" means the estimated difference, as determined by the Office, between—
(A) the actuarial present value of all future benefits payable from the Fund under this subchapter to current or former employees of the United States Postal Service and attributable to civilian employment with the United States Postal Service; and
(B) the sum of—
(i) the actuarial present value of deductions to be withheld from the future basic pay of employees of the United States Postal Service currently subject to this subchapter under section 8334;
(ii) that portion of the Fund balance, as of the date the Postal surplus or supplemental liability is determined, attributable to payments to the Fund by the United States Postal Service and its employees, minus benefit payments attributable to civilian employment with the United States Postal Service, plus the earnings on such amounts while in the Fund; and
(iii) any other appropriate amount, as determined by the Office in accordance with generally accepted actuarial practices and principles.
(2)(A) Not later than June 15, 2007, the Office shall determine the Postal surplus or supplemental liability, as of September 30, 2006. If that result is a surplus, the amount of the surplus shall be transferred to the Postal Service Retiree Health Benefits Fund established under section 8909a by June 30, 2007.
(B) The Office shall redetermine the Postal surplus or supplemental liability as of the close of the fiscal year, for each fiscal year beginning after September 30, 2007, through the fiscal year ending September 30, 2038. If the result is a surplus, that amount shall remain in the Fund until distribution is authorized under subparagraph (C). Beginning June 15, 2017, if the result is a supplemental liability, the Office shall establish an amortization schedule, including a series of annual installments commencing on September 30 of the subsequent fiscal year, which provides for the liquidation of such liability by September 30, 2043.
(C) As of the close of the fiscal years ending September 30, 2015, 2025, 2035, and 2039, if the result is a surplus, that amount shall be transferred to the Postal Service Retiree Health Benefits Fund, and any prior amortization schedule for payments shall be terminated.
(D) Amortization schedules established under this paragraph shall be set in accordance with generally accepted actuarial practices and principles, with interest computed at the rate used in the most recent valuation of the Civil Service Retirement System.
(E) The United States Postal Service shall pay the amounts so determined to the Office, with payments due not later than the date scheduled by the Office.
(3) Notwithstanding any other provision of law, in computing the amount of any payment under any other subsection of this section that is based upon the amount of the unfunded liability, such payment shall be computed disregarding that portion of the unfunded liability that the Office determines will be liquidated by payments under this subsection.
(i)(1) Notwithstanding any other provision of law, the Panama Canal Commission shall be liable for that portion of any estimated increase in the unfunded liability of the fund which is attributable to any benefits payable from the Fund to or on behalf of employees and their survivors to the extent attributable to the amendments made by sections 1241 and 1242, and the provisions of sections 1231(b) and 1243(a)(1), of the Panama Canal Act of 1979, and the amendments made by section 3506 of the Panama Canal Commission Authorization Act for Fiscal Year 1991.
(2) The estimated increase in the unfunded liability referred to in paragraph (1) of this subsection shall be determined by the Office of Personnel Management. The Panama Canal Commission shall pay to the Fund from funds available to it for that purpose the amount so determined in annual installments with interest computed at the rate used in the most recent valuation of the Civil Service Retirement System.
(j)(1) Notwithstanding subsection (c) of this section, the Secretary of the Treasury may suspend additional investment of amounts in the Fund if such additional investment could not be made without causing the public debt of the United States to exceed the public debt limit.
(2) Any amounts in the Fund which, solely by reason of the public debt limit, are not invested shall be invested by the Secretary of the Treasury as soon as such investments can be made without exceeding the public debt limit.
(3) Upon expiration of the debt issuance suspension period, the Secretary of the Treasury shall immediately issue to the Fund obligations under
(4) On the first normal interest payment date after the expiration of any debt issuance suspension period, the Secretary of the Treasury shall pay to the Fund, from amounts in the general fund of the Treasury of the United States not otherwise appropriated, an amount determined by the Secretary to be equal to the excess of—
(A) the net amount of interest that would have been earned by the Fund during such debt issuance suspension period if—
(i) amounts in the Fund that were not invested during such debt issuance suspension period solely by reason of the public debt limit had been invested, and
(ii) redemptions and disinvestments with respect to the Fund which occurred during such debt issuance suspension period solely by reason of the public debt limit had not occurred, over
(B) the net amount of interest actually earned by the Fund during such debt issuance suspension period.
(5) For purposes of this subsection and subsections (k) and (l) of this section—
(A) the term "public debt limit" means the limitation imposed by
(B) the term "debt issuance suspension period" means any period for which the Secretary of the Treasury determines for purposes of this subsection that the issuance of obligations of the United States may not be made without exceeding the public debt limit.
(k)(1) Subject to paragraph (2) of this subsection, the Secretary of the Treasury may sell or redeem securities, obligations, or other invested assets of the Fund before maturity in order to prevent the public debt of the United States from exceeding the public debt limit.
(2) The Secretary may sell or redeem securities, obligations, or other invested assets of the Fund under paragraph (1) of this subsection only during a debt issuance suspension period, and only to the extent necessary to obtain any amount of funds not exceeding the amount equal to the total amount of the payments authorized to be made from the Fund under the provisions of this subchapter or
(l)(1) The Secretary of the Treasury shall report to Congress on the operation and status of the Fund during each debt issuance suspension period for which the Secretary is required to take action under paragraph (3) or (4) of subsection (j) of this section. The report shall be submitted as soon as possible after the expiration of such period, but not later than the date that is 30 days after the first normal interest payment date occurring after the expiration of such period.
(2) Whenever the Secretary of the Treasury determines that, by reason of the public debt limit, the Secretary will be unable to fully comply with the requirements of subsection (c) of this section, the Secretary shall immediately notify Congress of the determination. The notification shall be made in writing.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| (a)–(f) | July 31, 1956, ch. 804, §401 "Sec. 17", |
|
| Oct. 4, 1961, |
||
| (g) | [Uncodified]. | Aug. 28, 1958, |
In subsection (a), the first sentence is based on former section 2251(f), which is carried into section 8331.
In subsection (f), the words "to carry out this subchapter" are substituted for "to continue this chapter in full force and effect".
In subsection (g), the words "after the enactment of this Act" are omitted as executed.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
| Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 8348(a) | 5 App.: 2267(a). | Sept. 27, 1965, |
The change in subsection (f) is made for uniformity in style and because the full title of the Commission appears in subsection (a).
Editorial Notes
References in Text
Sections 1241 and 1242 of the Panama Canal Act of 1979 [
Sections 1231(b) and 1243(a)(1) of the Panama Canal Act of 1979 [
Section 3506 of the Panama Canal Commission Authorization Act for Fiscal Year 1991 [
Amendments
2020—Subsec. (a)(1)(B).
2006—Subsec. (h).
2003—Subsec. (h).
"(h)(1) Notwithstanding any other statute, the United States Postal Service shall be liable for that portion of any estimated increase in the unfunded liability of the Fund which is attributable to any benefits payable from the Fund to active and retired Postal Service officers and employees, and to their survivors, when the increase results from an employee-management agreement under title 39, or any administrative action by the Postal Service taken pursuant to law, which authorizes increases in pay on which benefits are computed.
"(2) The estimated increase in the unfunded liability, referred to in paragraph (1) of this subsection, shall be determined by the Office of Personnel Management. The United States Postal Service shall pay the amount so determined to the Office in 30 equal annual installments with interest computed at the rate used in the most recent valuation of the Civil Service Retirement System, with the first payment thereof due at the end of the fiscal year in which an increase in pay becomes effective."
Subsec. (m).
"(m)(1) Notwithstanding any other provision of law, the United States Postal Service shall be liable for that portion of any estimated increase in the unfunded liability of the Fund which is attributable to any benefits payable from the Fund to former employees of the Postal Service who first become annuitants by reason of separation from the Postal Service on or after July 1, 1971, or to their survivors, or to the survivors of individuals who die on or after July 1, 1971, while employed by the Postal Service, when the increase results from a cost-of-living adjustment under
"(2) The estimated increase in the unfunded liability referred to in paragraph (1) of this subsection shall be determined by the Office after consultation with the Postal Service. The Postal Service shall pay the amount so determined to the Office in 15 equal annual installments with interest computed at the rate used in the most recent valuation of the Civil Service Retirement System, and with the first payment thereof due at the end of the fiscal year in which the cost-of-living adjustment with respect to which the payment relates becomes effective.
"(3) In determining any amount for which the Postal Service is liable under this subsection, the amount of the liability shall be prorated to reflect only that portion of total service (used in computing the benefits involved) which is attributable to civilian service performed after June 30, 1971, as estimated by the Office."
1998—Subsec. (g).
1996—Subsec. (l)(1).
1995—Subsec. (a)(1)(B).
1994—Subsec. (a)(3).
1990—Subsec. (a)(1)(B).
Subsec. (i)(1).
Subsec. (m)(1).
1989—Subsec. (m).
1987—Subsec. (i)(2).
1986—Subsec. (a).
Subsecs. (j) to (l).
1984—Subsec. (a)(1)(B).
Subsec. (d).
1982—Subsec. (a)(1)(B).
Subsec. (g).
1979—Subsec. (i).
1978—Subsecs. (a), (g), (h)(2).
1975—Subsec. (h)(2).
1974—Subsec. (h).
1969—Subsec. (a).
Subsec. (f).
Subsec. (g).
Statutory Notes and Related Subsidiaries
Effective Date of 2006 Amendment
Amendment by
Effective Date of 2003 Amendment
Effective Date of 1990 Amendment
Section 7101(d) of
Effective Date of 1989 Amendment
Section 4002(b)(1) of
Effective Date of 1987 Amendment
Amendment by
Effective Date of 1986 Amendment
Amendment by
Effective Date of 1984 Amendment
Amendment by
Effective Date of 1982 Amendments
Amendment by
Amendment by
Effective Date of 1979 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Effective Date of 1974 Amendment
Amendment by
Effective Date of 1969 Amendment
Section 103(b)(1) of
Review by Postal Regulatory Commission
"(1)
"(A)
"(B)
"(2)
Payments To Reimburse Fund for Increase in Unfunded Liability
"(1) The Department of Energy shall pay into the Civil Service Retirement and Disability Fund an amount determined by the Director of the Office of Personnel Management to be necessary to reimburse the Fund for any estimated increase in the unfunded liability of the Fund resulting from the amendments related to the Civil Service Retirement System under this section [amending
"(2) The Department shall pay the amount so determined in five equal annual installments with interest computed at the rate used in the most recent valuation of the Federal Employees Retirement System.
"(3) The Department shall make payments under this subsection from amounts available for weapons activities of the Department."
Payments by Postal Service Relating to Corrected Calculations for Past Retirement COLAs
Timely Processing of Retirement Benefits
"(1) In order to ensure the timely processing of applications for retirement benefits, under the Civil Service Retirement System or the Federal Employees' Retirement System, for civilian employees of the Department of Defense and other employees who retire when their agency is undergoing a major reorganization, a major reduction in force, or a major transfer of function, the costs incurred by the Office of Personnel Management in processing any such application shall be deemed to be an administrative expense described in
"(2) This subsection shall apply with respect to applications for retirement benefits based on separations occurring before January 1, 2002."
Pre-1991 Cost-of-Living Adjustments
Payments Relating to Amounts Which Would Have Been Due Before Fiscal Year 1987
Certain Postal Service Annuitants; Size of Annual Installments To Fund Previous Years' COLAs
Section 4002(b)(2) of
Certain Postal Service Annuitants; Additional Amount Payable
Section 4002(b)(3) of
Status of Original Subsec. (g) Provisions During Period From Oct. 20, 1969 to June 30, 1970
Section 103(b)(2) of
Inapplicability to Benefits Under Pub. L. 89–737 of Prohibition Against Payment of Increased Annuity Benefit Without Compensating Appropriation
Section 3 of
Redemption of Obligations Held Prior to Oct. 4, 1961; Reinvestment of Proceeds
§8349. Offset relating to certain benefits under the Social Security Act
(a)(1) Notwithstanding any other provision of this subchapter, if an individual under section 8402(b)(2) is entitled, or would on proper application be entitled, to old-age insurance benefits under title II of the Social Security Act, the annuity otherwise payable to such individual shall be reduced under this subsection.
(2) A reduction under this subsection commences beginning with the first month for which the individual both—
(A) is entitled to an annuity under this subchapter; and
(B) is entitled, or would on proper application be entitled, to old-age insurance benefits under title II of the Social Security Act.
(3)(A)(i) Subject to clause (ii) and subparagraphs (B) and (C), the amount of a reduction under this subsection shall be equal to the difference between—
(I) the old-age insurance benefit which would be payable to the individual for the month referred to in paragraph (2); and
(II) the old-age insurance benefit which would be so payable, excluding all wages derived from Federal service of the individual, and assuming the individual were fully insured (as defined by section 214(a) of the Social Security Act).
(ii) For purposes of this subsection, the amount of a benefit referred to in subclause (I) or (II) of clause (i) shall be determined without regard to subsections (b) through (l) of section 203 of the Social Security Act, and without regard to the requirement that an application for such benefit be filed.
(B) A reduction under this subsection—
(i) may not exceed an amount equal to the product of—
(I) the old-age insurance benefit to which the individual is entitled (or would on proper application be entitled) for the month referred to in paragraph (2), determined without regard to subsections (b) through (l) of section 203 of the Social Security Act; and
(II) a fraction, as determined under section 8421(b)(3) with respect to the individual, except that the reference to "service" in subparagraph (A) of such section shall be considered to mean Federal service; and
(ii) may not cause the annuity payment for an individual to be reduced below zero.
(C) An amount computed under subclause (I) or (II) of subparagraph (A)(i), or under subparagraph (B)(i)(I), for purposes of determining the amount of a reduction under this subsection shall be adjusted under
(4) A reduction under this subsection applies with respect to the annuity otherwise payable to such individual under this subchapter (other than under section 8337) for the month involved—
(A) based on service of such individual; and
(B) without regard to section 8345(j), if otherwise applicable.
(5) The operation of the preceding paragraphs of this subsection shall not be considered for purposes of applying the provisions of the second sentence of section 215(a)(7)(B)(i) or the provisions of section 215(d)(5)(ii) of the Social Security Act in determining any amount under subclause (I) or (II) of paragraph (3)(A)(i) or paragraph (3)(B)(i)(I) for purposes of this subsection.
(b)(1) Notwithstanding any other provision of this subchapter—
(A) a disability annuity to which an individual described in section 8402(b)(2) is entitled under this subchapter, and
(B) a survivor annuity to which a person is entitled under this subchapter based on the service of an individual described in section 8402(b)(2),
shall be subject to reduction under this subsection if that individual or person is also entitled (or would on proper application also be entitled) to any similar benefits under title II of the Social Security Act based on the wages and self-employment income of such individual described in section 8402(b)(2).
(2)(A) Subject to subparagraph (B), reductions under this subsection shall be made in a manner consistent with the manner in which reductions under subsection (a) are computed and otherwise made.
(B) Reductions under this subsection shall be discontinued if, or for so long as, entitlement to the similar benefits under title II of the Social Security Act (as referred to in paragraph (1)) is terminated (or, in the case of an individual who has not made proper application therefor, would be terminated).
(3) For the purpose of applying section 224 of the Social Security Act to the disability insurance benefit used to compute the reduction under this subsection, the amount of the CSRS annuity considered shall be the amount of the CSRS annuity before application of this section.
(4) The Office shall prescribe regulations to carry out this subsection.
(c) For the purpose of this section, the term "Federal service" means service which is employment for the purposes of title II of the Social Security Act and
(d) In administering subsections (a) through (c)—
(1) the terms "an individual under section 8402(b)(2)" and "an individual described in section 8402(b)(2)" shall each be considered to include any individual—
(A) who is subject to this subchapter as a result of any provision of law described in section 8347(o), and
(B) whose employment (as described in section 8347(o)) is also employment for purposes of title II of the Social Security Act and
(2) the term "Federal service", as applied with respect to any individual to whom this section applies as a result of paragraph (1), means any employment referred to in paragraph (1)(B) performed after December 31, 1983.
(Added
Editorial Notes
References in Text
The Social Security Act, referred to in text, is act Aug. 14, 1935, ch. 531,
Section 101 of the Social Security Amendments of 1983 [
Amendments
1988—Subsec. (d).
1986—Subsec. (c).
Effective Date of 1988 Amendment
Amendment by
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Jan. 1, 1987, see section 702(a) of
Offsets To Prevent Full Double Coverage for Employees of Park Police and Secret Service
For provisions relating to offsets for prevention of full double coverage for employees of Park Police and Secret Service, see section 103(e) of
§8350. Retirement counseling
(a) For the purposes of this section, the term "retirement counselor", when used with respect to an agency, means an employee of the agency who is designated by the head of the agency to furnish information on benefits under this subchapter and
(b) The Director of the Office of Personnel Management shall establish a training program for all retirement counselors of agencies of the Federal Government.
(c)(1) The training program established under subsection (b) of this section shall provide for comprehensive training in the provisions and administration of this subchapter and
(2) The Director shall conduct a training session under the training program at least once every 3 months.
(3) Once each year, each retirement counselor of an agency shall successfully complete a training session conducted under the training program.
(Added
Editorial Notes
Amendments
1986—Subsec. (c)(1).
Statutory Notes and Related Subsidiaries
Effective Date
Section effective June 6, 1986, see section 702(b)(3) of
Enhancing Financial Literacy
"(a)
"(b)
"(c)
"(1) not later than 6 months after the date of enactment of this Act [Dec. 21, 2004], develop and implement a retirement financial literacy and education strategy for Federal employees that—
"(A) shall educate Federal employees on the need for retirement savings and investment; and
"(B) provide information related to how Federal employees can receive additional information on how to plan for retirement and calculate what their retirement investment should be in order to meet their retirement goals; and
"(2) submit a report to the Committee on Governmental Affairs [now Committee on Homeland Security and Governmental Affairs] of the Senate and the Committee on Government Reform [now Committee on Oversight and Accountability] of the House of Representatives on the strategy described under paragraph (1)."
§8351. Participation in the Thrift Savings Plan
(a)(1) An employee or Member may elect to contribute to the Thrift Savings Fund established by
(2) An election may be made under paragraph (1) as provided under section 8432(b) for individuals who are subject to
(b)(1) Except as otherwise provided in this subsection, the provisions of subchapters III and VII of
(2)(A) An employee or Member may contribute to the Thrift Savings Fund in any pay period any amount not exceeding the maximum percentage of such employee's or Member's basic pay for such pay period allowable under subparagraph (B).
(B) The maximum percentage allowable under this subparagraph shall be determined in accordance with the following table:
| In the case of a pay period beginning in fiscal year: | The maximum percentage allowable is: |
|---|---|
| 2001 | 6 |
| 2002 | 7 |
| 2003 | 8 |
| 2004 | 9 |
| 2005 | 10 |
| 2006 or thereafter | 100. |
(C) Notwithstanding any limitation under this paragraph, an eligible participant (as defined by section 414(v) of the Internal Revenue Code of 1986) may make such additional contributions to the Thrift Savings Fund as are permitted by such section 414(v) and regulations of the Executive Director consistent therewith.
(3) No contributions may be made by an employing agency for the benefit of an employee or Member under
(4)
(5)(A) The provisions of
(B) An election or change of election authorized by subchapter III of
(C) Subparagraph (B) may be waived with respect to a spouse if the employee or Member establishes to the satisfaction of the Executive Director of the Federal Retirement Thrift Investment Board that the whereabouts of such spouse cannot be determined.
(D) Except with respect to the making of loans or withdrawals under section 8433(g) or (h), none of the provisions of this paragraph requiring notification to a spouse or former spouse of an employee, Member, former employee, or former Member shall apply in any case in which the nonforfeitable account balance of the employee, Member, former employee, or former Member is $3,500 or less.
(6) Notwithstanding paragraph (4), if an employee or Member separates from Government employment and such employee's or Member's nonforfeitable account balance is less than an amount that the Executive Director prescribes by regulation, the Executive Director shall pay the nonforfeitable account balance to the participant in a single payment.
(7) For the purpose of this section, the term "nonforfeitable account balance" has the same meaning as under section 8401(32).
(8) In applying section 8432b to an employee contributing to the Thrift Savings Fund after being restored to or reemployed in a position subject to this subchapter, pursuant to
(A) any reference in such section to contributions under section 8432(a) shall be considered a reference to employee contributions under this section, except that the reference in section 8432b(b)(2)(B) to employee contributions under section 8432(a) shall be considered a reference to employee contributions under this subchapter and section 8440e;
(B) the contribution rate under section 8432b(b)(2)(A) shall be the maximum percentage allowable under subsection (b)(2) of this section; and
(C) subsections (c) and (d) of section 8432b shall be disregarded.
(9) For the purpose of this section, separation from Government employment includes a transfer described in section 8431.
(c) A member of the Foreign Service described in section 103(6) of the Foreign Service Act of 1980 shall be ineligible to make any election under this section.
(d)(1) A foreign national employee of the Central Intelligence Agency whose services are performed outside the United States shall be ineligible to make an election under this section.
(2)(A) Only those employees of the Central Intelligence Agency participating in the pilot project required by section 402(b) of the Intelligence Authorization Act for Fiscal Year 2003 (
(B) Contributions under this paragraph are subject to
(e) The Executive Director of the Federal Retirement Thrift Investment Board may prescribe regulations to carry out this section.
(Added
Editorial Notes
References in Text
Section 414(v) of the Internal Revenue Code of 1986, referred to in subsec. (b)(2)(C), is classified to
Section 103(6) of the Foreign Service Act of 1980, referred to in subsec. (c), is classified to
The Intelligence Authorization Act for Fiscal Year 2003, referred to in subsec. (d)(2)(A), is
Amendments
2004—Subsec. (a)(2).
2003—Subsec. (d).
2002—Subsec. (b)(2)(C).
2000—Subsec. (b)(2).
1999—Subsec. (b)(8)(A).
Subsec. (b)(9).
Subsec. (b)(11).
1996—Subsec. (b)(5)(B).
Subsec. (b)(5)(D).
Subsec. (b)(6).
1994—Subsec. (b)(4).
Subsec. (b)(5).
Subsec. (b)(5)(B) to (D).
Subsec. (b)(6).
Subsec. (b)(7).
Subsec. (b)(8).
Subsec. (b)(9), (10).
Subsec. (b)(11).
1992—Subsec. (b)(4).
1991—Subsecs. (d), (e).
1990—Subsec. (b)(7)(D).
Subsec. (b)(8).
Subsec. (b)(9), (10).
1988—Subsecs. (c), (d).
Statutory Notes and Related Subsidiaries
Effective Date of 2002 Amendment
Effective Date of 2000 Amendment
"(1)
"(2)
"(3)
"(A) the term 'election period' means a period afforded under
"(B) the term 'Executive Director' has the meaning given such term by
Effective Date of 1999 Amendments
Amendment by
Amendment by section 661(a)(3)(B)(ii) of
Effective Date of 1996 Amendment
Amendment by
Effective Date of 1994 Amendments
Amendment by
Effective Date of 1992 Amendment
Effective Date of 1991 Amendment
"(1) The amendment made by subsection (a) [amending this section] shall take effect as of January 1, 1987.
"(2) Any refund which becomes payable as a result of the effective date specified in paragraph (1) shall, to the extent that that refund involves an individual's contributions to the Thrift Savings Fund (established under
Effective Date of 1990 Amendment
Effective Date of 1988 Amendment
Effective Date
Section effective Jan. 1, 1987, see section 702(a) of
Period When Election May First Be Made
1 See References in Text note below.
CHAPTER 84 —FEDERAL EMPLOYEES' RETIREMENT SYSTEM
SUBCHAPTER I—GENERAL PROVISIONS
SUBCHAPTER II—BASIC ANNUITY
SUBCHAPTER III—THRIFT SAVINGS PLAN
SUBCHAPTER IV—SURVIVOR ANNUITIES
SUBCHAPTER V—DISABILITY BENEFITS
SUBCHAPTER VI—GENERAL AND ADMINISTRATIVE PROVISIONS
SUBCHAPTER VII—FEDERAL RETIREMENT THRIFT INVESTMENT MANAGEMENT SYSTEM
Editorial Notes
Amendments
2020—
2012—
2009—
2001—
2000—
1999—
1998—
1996—
1994—
1992—
1991—
1990—
1988—
1986—
Statutory Notes and Related Subsidiaries
Change of Name
Words "magistrate judges" substituted for "magistrates" in item 8440b pursuant to section 321 of
SUBCHAPTER I—GENERAL PROVISIONS
§8401. Definitions
For the purpose of this chapter—
(1) the term "account" means an account established and maintained under
(2) the term "annuitant" means a former employee or Member who, on the basis of that individual's service, meets all requirements for title to an annuity under subchapter II or V of this chapter and files claim therefor;
(3) the term "average pay" means the largest annual rate resulting from averaging an employee's or Member's rates of basic pay in effect over any 3 consecutive years of service or, in the case of an annuity under this chapter based on service of less than 3 years, over the total service, with each rate weighted by the period it was in effect;
(4) the term "basic pay" has the meaning given such term by section 8331(3);
(5) the term "Board" means the Federal Retirement Thrift Investment Board established by
(6) the term "Civil Service Retirement and Disability Fund" or "Fund" means the Civil Service Retirement and Disability Fund under section 8348;
(7) the term "court" means any court of any State, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, or the Virgin Islands, and any Indian court;
(8) the term "Director" means the Director of the Office of Personnel Management;
(9) the term "dynamic assumptions" means economic assumptions that are used in determining actuarial costs and liabilities of a retirement system and in anticipating the effects of long-term future—
(A) investment yields;
(B) increases in rates of basic pay; and
(C) rates of price inflation;
(10) the term "earnings", when used with respect to the Thrift Savings Fund, means the amount of the gain realized or yield received from the investment of sums in such Fund;
(11) the term "employee" means—
(A) an individual referred to in subparagraph (A), (E), (F), (H), (I), (J), or (K) of
(B) a Congressional employee as defined in
(C) an employee described in section 2105(c) who has made an election under section 8461(n)(1) to remain covered under this chapter;
whose civilian service after December 31, 1983, is employment for the purposes of title II of the Social Security Act and
(i) any individual referred to in—
(I) clause (i), (vi), or (ix) of paragraph (1) of section 8331;
(II) clause (ii) of such paragraph; or
(III) the undesignated material after the last clause of such paragraph;
(ii) any individual excluded under
(iii) a member of the Foreign Service described in section 103(6) of the Foreign Service Act of 1980; or
(iv) an employee who has made an election under section 8461(n)(2) to remain covered by a retirement system established for employees described in section 2105(c);
(12) the term "former spouse" means a former spouse of an individual—
(A) if such individual performed at least 18 months of civilian service creditable under section 8411 as an employee or Member; and
(B) if the former spouse was married to such individual for at least 9 months;
(13) the term "Executive Director" means the Executive Director appointed under section 8474(a);
(14) the term "firefighter" means—
(A) an employee, the duties of whose position—
(i) are primarily to perform work directly connected with the control and extinguishment of fires; and
(ii) are sufficiently rigorous that employment opportunities should be limited to young and physically vigorous individuals, as determined by the Director considering the recommendations of the employing agency; and
(B) an employee who is transferred directly to a supervisory or administrative position after performing duties described in subparagraph (A) for at least 3 years;
(15) the term "Government" means the Federal Government, Gallaudet College, and, in the case of an employee described in paragraph (11)(C), a nonappropriated fund instrumentality of the Department of Defense or the Coast Guard described in section 2105(c);
(16) the term "Indian court" has the meaning given such term by section 8331(24);
(17) the term "law enforcement officer" means—
(A) an employee, the duties of whose position—
(i) are primarily—
(I) the investigation, apprehension, or detention of individuals suspected or convicted of offenses against the criminal laws of the United States, or
(II) the protection of officials of the United States against threats to personal safety; and
(ii) are sufficiently rigorous that employment opportunities should be limited to young and physically vigorous individuals, as determined by the Director considering the recommendations of the employing agency;
(B) an employee of the Department of the Interior or the Department of the Treasury (excluding any employee under subparagraph (A)) who occupies a position that, but for the enactment of the Federal Employees' Retirement System Act of 1986, would be subject to the District of Columbia Police and Firefighters' Retirement System, as determined by the Secretary of the Interior or the Secretary of the Treasury, as appropriate;
(C) an employee who is transferred directly to a supervisory or administrative position after performing duties described in subparagraph (A) and (B) for at least 3 years; and
(D) an employee—
(i) of the Bureau of Prisons or Federal Prison Industries, Incorporated;
(ii) of the Public Health Service assigned to the field service of the Bureau of Prisons or of the Federal Prison Industries, Incorporated; or
(iii) in the field service at Army or Navy disciplinary barracks or at any other confinement and rehabilitation facility operated by any of the armed forces;
whose duties in connection with individuals in detention suspected or convicted of offenses against the criminal laws of the United States or of the District of Columbia or offenses against the punitive articles of the Uniform Code of Military Justice (
(18) the term "loss", as used with respect to the Thrift Savings Fund, includes the amount of any loss resulting from the investment of sums in such Fund, or from the breach of any responsibility, duty, or obligation under section 8477.1
(19) the term "lump-sum credit" means the unrefunded amount consisting of—
(A) retirement deductions made from the basic pay of an employee or Member under
(B) amounts deposited by an employee or Member under section 8422(e);
(C) amounts deposited by an employee, Member, or survivor under section 8411(f) or 8422(i); and
(D) interest on the deductions and deposits which, for any calendar year, shall be equal to the overall average yield to the Fund during the preceding fiscal year from all obligations purchased by the Secretary of the Treasury during such fiscal year under section 8348(c), (d), and (e), as determined by the Secretary (compounded annually);
but does not include interest—
(i) if the service covered thereby aggregates 1 year or less; or
(ii) for a fractional part of a month in the total service;
(20) the term "Member" has the same meaning as provided in section 2106, except that such term does not include an individual who irrevocably elects, by written notice to the official by whom such individual is paid, not to participate in the Federal Employees' Retirement System, and who (in the case of an individual who is a Member of the House of Representatives, including a Delegate or Resident Commissioner to the Congress) serves as a Member prior to the date of the enactment of the Legislative Branch Appropriations Act, 2004;
(21) the term "net earnings" means the excess of earnings over losses;
(22) the term "net losses" means the excess of losses over earnings;
(23) the term "normal-cost percentage" means the entry-age normal cost of the provisions of the System which relate to the Fund, computed by the Office in accordance with generally accepted actuarial practice and standards (using dynamic assumptions) and expressed as a level percentage of aggregate basic pay;
(24) the term "Office" means the Office of Personnel Management;
(25) the term "price index" has the same meaning as provided in section 8331(15);
(26) the term "service" means service which is creditable under section 8411;
(27) the term "supplemental liability" means the estimated excess of—
(A) the actuarial present value of all future benefits payable from the Fund under this chapter based on the service of current or former employees or Members, over
(B) the sum of—
(i) the actuarial present value of deductions to be withheld from the future basic pay of employees and Members currently subject to this chapter pursuant to section 8422;
(ii) the actuarial present value of the future contributions to be made pursuant to section 8423(a) with respect to employees and Members currently subject to this chapter;
(iii) the Fund balance as of the date the supplemental liability is determined, to the extent that such balance is attributable—
(I) to the System, or
(II) to contributions made under the Federal Employees' Retirement Contribution Temporary Adjustment Act of 1983 by or on behalf of an individual who became subject to the System; and
(iv) any other appropriate amount, as determined by the Office in accordance with generally accepted actuarial practices and principles;
(28) the term "survivor" means an individual entitled to an annuity under subchapter IV of this chapter;
(29) the term "System" means the Federal Employees' Retirement System described in section 8402(a);
(30) the term "military technician (dual status)" means an employee described in
(31) the term "military service" means honorable active service—
(A) in the armed forces;
(B) in the commissioned corps of the Public Health Service after June 30, 1960; or
(C) in the commissioned corps of the National Oceanic and Atmospheric Administration, or a predecessor entity in function, after June 30, 1961;
and includes service as a cadet at the United States Military Academy, the United States Air Force Academy, or the United States Coast Guard Academy, or as a midshipman at the United States Naval Academy, but does not include service in the National Guard except when ordered to active duty in the service of the United States or full-time National Guard duty (as such term is defined in
(32) the term "nonforfeitable account balance" means any amounts in an account, established and maintained under subchapter III, which are nonforfeitable (as determined under section 8432(g));
(33) "Nuclear materials courier" has the meaning given that term in section 8331(27);
(34) the term "Government physician" has the meaning given such term under section 5948;
(35) the term "air traffic controller" or "controller" means—
(A) a controller within the meaning of section 2109(1); and
(B) a civilian employee of the Department of Transportation or the Department of Defense who is the immediate supervisor of a person described in section 2109(1)(B);
(36) the term "customs and border protection officer" means an employee in the Department of Homeland Security (A) who holds a position within the GS–1895 job series (determined applying the criteria in effect as of September 1, 2007) or any successor position, and (B) whose duties include activities relating to the arrival and departure of persons, conveyances, and merchandise at ports of entry, including any such employee who is transferred directly to a supervisory or administrative position in the Department of Homeland Security after performing such duties (as described in subparagraph (B)) in 1 or more positions (as described in subparagraph (A)) for at least 3 years;
(37) the term "revised annuity employee" means any individual who—
(A) on December 31, 2012—
(i) is not an employee or Member covered under this chapter;
(ii) is not performing civilian service which is creditable service under section 8411; and
(iii) has less than 5 years of creditable civilian service under section 8411; and
(B) after December 31, 2012, and before January 1, 2014, becomes employed as an employee or becomes a Member covered under this chapter performing service which is creditable service under section 8411;
(38) the term "further revised annuity employee" means any individual who—
(A) on December 31, 2013—
(i) is not an employee or Member covered under this chapter;
(ii) is not performing civilian service which is creditable service under section 8411; and
(iii) has less than 5 years of creditable civilian service under section 8411; and
(B) after December 31, 2013, becomes employed as an employee or becomes a Member covered under this chapter performing service which is creditable service under section 8411; and
(39) "representative payee" means a person (including an organization) designated under section 8466(c)(1) to receive payments on behalf of a minor or an individual mentally incompetent or under other legal disability.
(Added
Editorial Notes
References in Text
The Social Security Act, referred to in par. (11), is act Aug. 14, 1935, ch. 531,
Section 103(6) of the Foreign Service Act of 1980, referred to in par. (11)(iii), is classified to
The Federal Employees' Retirement System Act of 1986, referred to in par. (17)(B), is
The Federal Employees' Retirement Contribution Temporary Adjustment Act of 1983, referred to in pars. (19)(A) and (27)(B)(iii)(II), is
The date of the enactment of the Legislative Branch Appropriations Act, 2004, referred to in par. (20), is the date of enactment of
Amendments
2020—Par. (39).
2013—Par. (37)(B).
Par. (38).
2012—Par. (37).
2009—Par. (19)(C).
2008—Par. (31).
2007—Par. (36).
2003—Par. (20).
Par. (35).
2000—Par. (34).
1999—Par. (30).
"(A) is assigned to a civilian position as a technician in the administration and training of such reserve components or in the maintenance and repair of supplies issued to such reserve components; and
"(B) as a condition of employment in such position, is required to be a member of one of such reserve components serving in a specified military grade;".
1998—Par. (33).
1996—Par. (4).
1994—Par. (11).
Par. (30).
Par. (31).
1990—Par. (11)(C).
Par. (11)(i)(I).
Par. (11)(iv).
Par. (15).
Par. (32).
1988—Par. (11)(A).
Par. (11)(i)(II).
Par. (11)(iii).
Par. (14)(A)(ii).
Par. (14)(B).
Par. (17).
1986—Par. (11).
Par. (18).
Par. (19)(C), (D).
Statutory Notes and Related Subsidiaries
Effective Date of 2020 Amendment
Amendment by
Effective Date of 2008 Amendment
Amendment by
Effective Date of 2007 Amendment; Transition Rules
Amendment by
Effective Date of 2003 Amendment
"(1)
"(A) shall take effect on the 60th day after the date of enactment of this Act [Dec. 12, 2003]; and
"(B) shall apply with respect to—
"(i) any annuity entitlement to which is based on an individual's separation from service occurring on or after the effective date of this section; and
"(ii) any service performed by any such individual before, on, or after the effective date of this section, subject to paragraph (2).
"(2)
"(A)
"(i) the deductions from pay which would have been required for such service if the amendments made by subsection (a)(2) had been in effect when such service was performed, exceeds
"(ii) the unrefunded deductions or deposits actually made under subchapter II of
An amount under this subparagraph shall include interest, computed under paragraphs (2) and (3) of section 8334(e) of such title 5.
"(B)
Effective Date of 1998 Amendment
Amendment by
Effective Date of 1996 Amendment
Amendment by
Effective Date of 1994 Amendments
Amendment by
Amendment by
Effective Date of 1990 Amendments
Amendment by
Amendment by
Effective Date of 1988 Amendment
Amendment by section 103(a)(2), (c), and (d)(2) of
Effective Date
"(a)
"(b)
"(2) Except as provided in section 305 of this Act [enacting and amending provisions set out as notes under
"(3) The amendments made by sections 204 and 205 of this Act [enacting
"(4) Section 701 of this Act [enacting provisions set out as a note under
"(5) Sections 505 [amending provisions formerly set out as a note under
Reference to a specific date in section 702(a) of
Short Title of 1999 Amendment
Short Title of 1998 Amendment
Short Title of 1996 Amendment
Short Title of 1990 Amendment
Short Title of 1987 Amendment
Short Title of 1986 Amendment
Short Title
Regulations
Regulations to carry out amendment by
Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see
Election
"(1) During the 60-day period which begins on the date of the enactment of the Legislative Branch Appropriations Act, 2004 [Sept. 30, 2003], any individual who, as of such date, is serving as a Member of the House of Representatives and on such date is not subject to
"(2) Any election under this paragraph shall be carried out in accordance with such procedures as the Office of Personnel Management may provide.
"(3) In this subsection, the term 'Member of the House of Representatives' includes a Delegate or Resident Commissioner to the Congress."
Service as Law Enforcement Officer
[
Congressional Declaration of Purpose
"(1) to establish a Federal employees' retirement plan which is coordinated with title II of the Social Security Act [
"(2) to ensure a fully funded and financially sound retirement benefits plan for Federal employees;
"(3) to enhance portability of retirement assets earned as an employee of the Federal Government;
"(4) to provide options for Federal employees with respect to retirement planning;
"(5) to assist in building a quality career work force in the Federal Government;
"(6) to encourage Federal employees to increase personal savings for retirement; and
"(7) to extend financial protection from disability to additional Federal employees and to increase such protection for eligible Federal employees."
Use of Normal-Cost Percentage
First Cost-of-Living Adjustment
"(1) For purposes of the first adjustment under subsection (b) of
"(2) As used in paragraph (1), the term 'base quarter' has the meaning provided by
1 So in original. The period probably should be a semicolon.
§8402. Federal Employees' Retirement System; exclusions
(a) The provisions of this chapter comprise the Federal Employees' Retirement System.
(b) The provisions of this chapter shall not apply with respect to—
(1) any individual who has performed service of a type described in subparagraph (C), (D), (E), or (F) of section 210(a)(5) of the Social Security Act continuously since December 31, 1983 (determined in accordance with the provisions of section 210(a)(5)(B) of the Social Security Act, relating to continuity of employment); or
(2)(A) any employee or Member who has separated from the service after—
(i) having been subject to—
(I) subchapter III of
(II) subchapter I of
(III) the benefit structure for employees of the Board of Governors of the Federal Reserve System appointed before January 1, 1984, that is a component of the Retirement Plan for Employees of the Federal Reserve System, established under section 10 of the Federal Reserve Act; and
(ii) having completed—
(I) at least 5 years of civilian service creditable under subchapter III of
(II) at least 5 years of civilian service creditable under subchapter I of
(III) at least 5 years of civilian service (other than any service performed in the employ of a Federal Reserve Bank) creditable under the benefit structure for employees of the Board of Governors of the Federal Reserve System appointed before January 1, 1984, that is a component of the Retirement Plan for Employees of the Federal Reserve System, established under section 10 of the Federal Reserve Act,
determined without regard to any deposit or redeposit requirement under either such subchapter or under such benefit structure, or any requirement that the individual become subject to either such subchapter or to such benefit structure after performing the service involved; or
(B) any employee having at least 5 years of civilian service performed before January 1, 1987, creditable under subchapter III of
except to the extent provided for under subsection (d) of this section or title III of the Federal Employees' Retirement System Act of 1986 pursuant to an election under such title to become subject to this chapter.
(c)(1) The Office may exclude from the operation of this chapter an employee or group of employees in or under an Executive agency, the United States Postal Service, or the Postal Regulatory Commission, whose employment is temporary or intermittent, except an employee whose employment is part-time career employment (as defined in section 3401(2)).
(2) The Architect of the Capitol may exclude from the operation of this chapter an employee under the Office of the Architect of the Capitol whose employment is temporary or of uncertain duration.
(3) The Librarian of Congress may exclude from the operation of this chapter an employee under the Library of Congress whose employment is temporary or of uncertain duration.
(4) The Director or Acting Director of the Botanic Garden may exclude from the operation of this chapter an employee under the Botanic Garden whose employment is temporary or of uncertain duration.
(5) The Chief Administrative Officer of the House of Representatives and the Secretary of the Senate each may exclude from the operation of this chapter a Congressional employee—
(A) whose employment is temporary or intermittent; and
(B) who is paid by such Chief Administrative Officer or Secretary, as the case may be.
(6) The Director of the Office of Technology Assessment may exclude from the operation of this chapter an employee under the Office of Technology Assessment whose employment is temporary or intermittent.
(7) The Director of the Congressional Budget Office may exclude from the operation of this chapter an employee under the Congressional Budget Office whose employment is temporary or intermittent.
(8) The Director of the Administrative Office of the United States Courts may exclude from the operation of this chapter an employee of the Administrative Office of the United States Courts, the Federal Judicial Center, or a court named by
(9) The Joint Committee on Judicial Administration in the District of Columbia may exclude from the operation of this chapter an employee of the District of Columbia Courts whose employment is temporary or of uncertain duration.
(d) Paragraph (2) of subsection (b) shall not apply to an individual who—
(1) becomes subject to—
(A) subchapter II of
(B) the benefit structure in which employees of the Board of Governors of the Federal Reserve System appointed on or after January 1, 1984, participate, which benefit structure is a component of the Retirement Plan for Employees of the Federal Reserve System, established under section 10 of the Federal Reserve Act (and any redesignated or successor version of such benefit structure, if so identified in writing by the Board of Governors of the Federal Reserve System for purposes of this chapter); and
(2) subsequently enters a position in which, but for paragraph (2) of subsection (b), such individual would be subject to this chapter.
(e) A bankruptcy judge or magistrate judge who is covered by
(f) A judge who is covered by
(g) A judge of the United States Court of Federal Claims who is covered by
(Added
Editorial Notes
References in Text
Section 210(a)(5) of the Social Security Act, referred to in subsec. (b)(1), is classified to
The Federal Employees' Retirement System Act of 1986, referred to in subsec. (b), is
The Foreign Service Act of 1980, referred to in subsecs. (b)(2)(A)(i)(II), (ii)(II) and (d)(1)(A), is
Section 10 of the Federal Reserve Act, referred to in subsecs. (b)(2)(A)(i)(III), (ii)(III) and (d)(1)(B), is section 10 of act Dec. 23, 1913, ch. 6,
Section 2(c) of the Retirement and Survivors' Annuities for Bankruptcy Judges and Magistrates Act of 1988, referred to in subsec. (e), is section 2(c) of
Amendments
2006—Subsec. (c)(1).
1999—Subsec. (b)(2)(A).
"(i) having been subject to subchapter III of
"(ii) having completed at least 5 years of civilian service creditable under subchapter III of
Subsec. (d).
1998—Subsec. (c)(9).
1996—Subsec. (c)(5).
1995—Subsec. (c)(7), (8).
1992—Subsec. (g).
1991—Subsec. (f).
Subsec. (g).
1990—Subsec. (c)(7).
Subsec. (g).
1989—Subsec. (f).
1988—Subsec. (b)(2).
Subsec. (d).
Subsec. (e).
1986—Subsec. (c)(5), (6).
Statutory Notes and Related Subsidiaries
Change of Name
Words "magistrate judge" substituted for "magistrate" wherever appearing in subsec. (e) pursuant to section 321 of
Effective Date of 1999 Amendment
"(1)
"(2)
"(3)
Effective Date of 1998 Amendment
Effective Date of 1992 Amendment
Amendment by
Effective Date of 1990 Amendment
Amendment by
Effective Date of 1988 Amendment
Amendment by
Provisions Relating to Certain Former Employees
"(1) has at least 5 years of civilian service (other than any service performed in the employ of a Federal Reserve Bank) creditable under the benefit structure for employees of the Board of Governors of the Federal Reserve System appointed before January 1, 1984, that is a component of the Retirement Plan for Employees of the Federal Reserve System, established under section 10 of the Federal Reserve Act [Act Dec. 23, 1913, ch. 6, see Codification note set out under
"(2) was subsequently employed subject to the benefit structure in which employees of the Board of Governors of the Federal Reserve System appointed on or after January 1, 1984, participate, which benefit structure is a component of the Retirement Plan for Employees of the Federal Reserve System, established under section 10 of the Federal Reserve Act (and any redesignated or successor version of such benefit structure, if so identified in writing by the Board of Governors of the Federal Reserve System for purposes of
"(3) after service described in paragraph (2), becomes subject to and thereafter entitled to benefits under
shall, for purposes of section 302 of the Federal Employees' Retirement System Act of 1986 [
§8403. Relationship to the Social Security Act
Except as otherwise provided in this chapter, the benefits payable under the System are in addition to the benefits payable under the Social Security Act.
(Added
Editorial Notes
References in Text
The Social Security Act, referred to in text, is act Aug. 14, 1935, ch. 531,
SUBCHAPTER II—BASIC ANNUITY
§8410. Eligibility for annuity
Notwithstanding any other provision of this chapter, an employee or Member must complete at least 5 years of civilian service creditable under section 8411 in order to be eligible for an annuity under this subchapter.
(Added
§8411. Creditable service
(a)(1) The total service of an employee or Member is the full years and twelfth parts thereof, excluding from the aggregate the fractional part of a month, if any.
(2) Credit may not be allowed for a period of separation from the service in excess of 3 calendar days.
(b) For the purpose of this chapter, creditable service of an employee or Member includes—
(1) employment as an employee, and any service as a Member (including the period from the date of the beginning of the term for which elected or appointed to the date of taking office as a Member), after December 31, 1986;
(2) except as provided in subsection (f), service with respect to which deductions and withholdings under section 204(a)(1) of the Federal Employees' Retirement Contribution Temporary Adjustment Act of 1983 have been made;
(3) except as provided in subsection (f) or (h), any civilian service (performed before January 1, 1989, other than any service under paragraph (1) or (2)) which, but for the amendments made by subsections (a)(4) and (b) of section 202 of the Federal Employees' Retirement System Act of 1986, would be creditable under subchapter III of
(4) a period of service (other than any service under any other paragraph of this subsection and other than any military service) that was creditable under the Foreign Service Pension System described in subchapter II of
(5) a period of service (other than any service under any other paragraph of this subsection, any military service, and any service performed in the employ of a Federal Reserve Bank) that was creditable under the Bank Plan (as defined in subsection (i)), if the employee waives credit for such service under the Bank Plan and makes a payment to the Fund equal to the amount that would have been deducted from pay under section 8422(a) had the employee been subject to this chapter during such period of service (together with interest on such amount computed under paragraphs (2) and (3) of section 8334(e)); and
(6) service performed by any individual as an employee paid from nonappropriated funds of an instrumentality of the Department of Defense or the Coast Guard described in section 2105(c) that is not otherwise creditable, if the individual elects (in accordance with regulations prescribed by the Office) to have such service credited under this paragraph.
Paragraph (5) shall not apply in the case of any employee as to whom subsection (g) (or, to the extent subchapter III of
(c)(1) Except as provided in paragraphs (2), (3), and (5), an employee or Member shall be allowed credit for—
(A) each period of military service performed before January 1, 1957; and
(B) each period of military service performed after December 31, 1956, and before the separation on which title to annuity is based, if a deposit (including interest, if any) is made with respect to such period in accordance with section 8422(e).
(2) If an employee or Member is awarded retired pay based on any period of military service, the service of the employee or Member may not include credit for such period of military service unless the retired pay is awarded—
(A) based on a service-connected disability—
(i) incurred in combat with an enemy of the United States; or
(ii) caused by an instrumentality of war and incurred in line of duty during a period of war as defined by
(B) under
(3) An employee or Member who has made a deposit under section 8334(j) (or a similar prior provision of law) with respect to a period of military service, and who has not taken a refund of such deposit—
(A) shall be allowed credit for such service without regard to the deposit requirement under paragraph (1)(B); and
(B) shall be entitled, upon filing appropriate application therefor with the Office, to a refund equal to the difference between—
(i) the amount deposited with respect to such period under such section 8334(j) (or prior provision), excluding interest; and
(ii) the amount which would otherwise have been required with respect to such period under paragraph (1)(B).
(4)(A) Notwithstanding paragraph (2), for purposes of computing a survivor annuity for a survivor of an employee or Member—
(i) who was awarded retired pay based on any period of military service, and
(ii) whose death occurs before separation from the service,
creditable service of the deceased employee or Member shall include each period of military service includable under subparagraph (A) or (B) of paragraph (1) or under paragraph (3). In carrying out this subparagraph, any amount deposited under section 8422(e)(5) shall be taken into account.
(B) A survivor annuity computed based on an amount which, under authority of subparagraph (A), takes into consideration any period of military service shall be reduced by the amount of any survivor's benefits—
(i) payable to a survivor (other than a child) under a retirement system for members of the uniformed services;
(ii) if, or to the extent that, such benefits are based on such period of military service.
(C) The Office of Personnel Management shall prescribe regulations to carry out this paragraph, including regulations under which—
(i) a survivor may elect not to be covered by this paragraph; and
(ii) this paragraph shall be carried out in any case which involves a former spouse.
(5) If, after January 1, 1997, an employee or Member waives retired pay that is subject to a court order for which there has been effective service on the Secretary concerned for purposes of
(d) Credit under this chapter shall be allowed for leaves of absence without pay granted an employee while performing military service, or while receiving benefits under subchapter I of
(e) Credit shall be allowed for periods of approved leave without pay granted an employee to serve as a full-time officer or employee of an organization composed primarily of employees (as defined by section 8331(1) or 8401(11)), subject to the employee arranging to pay, through the employee's employing agency, within 60 days after commencement of such leave without pay, amounts equal to the retirement deductions and agency contributions which would be applicable under sections 8422(a) and 8423(a), respectively, if the employee were in pay status. If the election and all payments provided by this subsection are not made, the employee may not receive credit for the periods of leave without pay, notwithstanding the third sentence of subsection (d).
(f)(1) An employee or Member who has received a refund of retirement deductions under subchapter III of
(2) An employee or Member may not be allowed credit under this chapter for any service described in subsection (b)(3) for which retirement deductions under subchapter III of
(3) Interest under paragraph (1) or (2) shall be computed in accordance with paragraphs (2) and (3) of section 8334(e) and regulations prescribed by the Office.
(4) For the purpose of survivor annuities, deposits authorized by the preceding provisions of this subsection may also be made by a survivor of an employee or Member.
(g) Any employee who—
(1) served in a position in which the employee was excluded from coverage under this subchapter because the employee was covered under a retirement system established under section 10 of the Federal Reserve Act; and
(2) transferred without a break in service to a position to which the employee was appointed by the President, with the advice and consent of the Senate, and in which position the employee is subject to this subchapter,
shall be treated for all purposes of this subchapter as if any service that would have been creditable under the retirement system established under section 10 of the Federal Reserve Act was service performed while subject to this subchapter if any employee and employer deductions, contributions or rights with respect to the employee's service are transferred from such retirement system to the Fund.
(h) An employee or Member shall be allowed credit for service as a volunteer or volunteer leader under part A of title VIII of the Economic Opportunity Act of 1964, as a full-time volunteer enrolled in a program of at least 1 year's duration under part A, B,1 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 performed at any time prior to the separation on which the entitlement to any annuity under this subchapter is based if the employee or Member has made a deposit with interest, if any, with respect to such service under section 8422(f).
(i) 2 For purposes of subsection (b)(5), the term "Bank Plan" means the benefit structure in which employees of the Board of Governors of the Federal Reserve System appointed on or after January 1, 1984, participate, which benefit structure is a component of the Retirement Plan for Employees of the Federal Reserve System, established under section 10 of the Federal Reserve Act (and any redesignated or successor version of such benefit structure, if so identified in writing by the Board of Governors of the Federal Reserve System for purposes of this chapter).
(i)(1) 2 Upon application to the Office of Personnel Management, any individual who was an employee on the date of enactment of this paragraph, and who has on such date or thereafter acquired 5 years or more of creditable civilian service under this section (exclusive of service for which credit is allowed under this subsection) shall be allowed credit (as service as a congressional employee) for service before December 31, 1990, while employed by the Democratic Senatorial Campaign Committee, the Republican Senatorial Campaign Committee, the Democratic National Congressional Committee, or the Republican National Congressional Committee, if—
(A) such employee has at least 4 years and 6 months of service on such committees as of December 31, 1990; and
(B) such employee deposits to the Fund an amount equal to 1.3 percent of the base pay for such service, with interest.
(2) The Office shall accept the certification of the President of the Senate (or the President's designee) or the Speaker of the House of Representatives (or the Speaker's designee), as the case may be, concerning the service of, and the amount of compensation received by, an employee with respect to whom credit is to be sought under this subsection.
(3) An individual shall not be granted credit for such service under this subsection if eligible for credit under section 8332(m) for such service.
(k)(1) 3 The Office of Personnel Management shall accept, for the purposes of this chapter, the certification of the head of a nonappropriated fund instrumentality of the United States concerning service of the type described in subsection (b)(6) that was performed for such nonappropriated fund instrumentality.
(2) Service credited under subsection (b)(6) may not also be credited under any other retirement system provided for employees paid from nonappropriated funds of a nonappropriated fund instrumentality.
(l)(1) Notwithstanding any other provision of this chapter, the service of an individual finally convicted of an offense described in paragraph (2) shall not be taken into account for purposes of this chapter, except that this sentence applies only to service rendered as a Member (irrespective of when rendered). Any such individual (or other person determined under section 8424(d), if applicable) shall be entitled to be paid so much of such individual's lump-sum credit as is attributable to service to which the preceding sentence applies.
(2) An offense described in this paragraph is any offense described in section 8332(o)(2)(B) for which the following apply:
(A) Every act or omission of the individual (referred to in paragraph (1)) that is needed to satisfy the elements of the offense occurs while the individual is a Member, the President, the Vice President, or an elected official of a State or local government.
(B) Every act or omission of the individual that is needed to satisfy the elements of the offense directly relates to the performance of the individual's official duties as a Member, the President, the Vice President, or an elected official of a State or local government.
(C) The offense is committed after the date of enactment of this subsection.
(3) An individual convicted of an offense described in paragraph (2) shall not, after the date of the final conviction, be eligible to participate in the retirement system under this chapter while serving as a Member.
(4) The Office of Personnel Management shall prescribe any regulations necessary to carry out this subsection. Such regulations shall include—
(A) provisions under which interest on any lump-sum payment under the second sentence of paragraph (1) shall be limited in a manner similar to that specified in the last sentence of section 8316(b); and
(B) provisions under which the Office may provide for—
(i) the payment, to the spouse or children of any individual referred to in the first sentence of paragraph (1), of any amounts which (but for this clause) would otherwise have been nonpayable by reason of such first sentence, subject to paragraph (5); and
(ii) an appropriate adjustment in the amount of any lump-sum payment under the second sentence of paragraph (1) to reflect the application of clause (i).
(5) Regulations to carry out clause (i) of paragraph (4)(B) shall include provisions to ensure that the authority to make any payment under such clause to the spouse or children of an individual shall be available only to the extent that the application of such clause is considered necessary and appropriate taking into account the totality of the circumstances, including the financial needs of the spouse or children, whether the spouse or children participated in an offense described in paragraph (2) of which such individual was finally convicted, and what measures, if any, may be necessary to ensure that the convicted individual does not benefit from any such payment.
(6) For purposes of this subsection—
(A) the terms "finally convicted" and "final conviction" refer to a conviction (i) which has not been appealed and is no longer appealable because the time for taking an appeal has expired, or (ii) which has been appealed and the appeals process for which is completed;
(B) the term "Member" has the meaning given such term by section 2106, notwithstanding section 8401(20); and
(C) the term "child" has the meaning given such term by section 8441.
(Added
Editorial Notes
References in Text
Section 204(a)(1) of the Federal Employees' Retirement Contribution Temporary Adjustment Act of 1983 [
Subsections (a)(4) and (b) of section 202 of the Federal Employees' Retirement System Act of 1986 [
The Foreign Service Act of 1980, referred to in subsec. (b)(4), is
Section 10 of the Federal Reserve Act, referred to in subsecs. (g) and (i), is section 10 of act Dec. 23, 1913, ch. 6,
The Economic Opportunity Act of 1964, referred to in subsec. (h), is
The Domestic Volunteer Service Act of 1973, referred to in subsec. (h), is
The Peace Corps Act, referred to in subsec. (h), is
The date of enactment of this paragraph, referred to in subsec. (i)(1), is the date of enactment of
The date of enactment of this subsection, referred to in subsec. (l)(2)(C), is the date of enactment of
Amendments
2012—Subsec. (l)(2)(A), (B).
2007—Subsec. (l).
2001—Subsec. (b)(6).
Subsec. (k).
2000—Subsec. (i).
1999—Subsec. (b).
Subsec. (i).
1996—Subsec. (c)(1).
Subsec. (c)(5).
1994—Subsec. (c)(2)(B).
1993—Subsec. (b)(3).
Subsec. (h).
1991—Subsec. (c)(2)(A)(ii).
Subsec. (g).
1988—Subsec. (c)(4)(A).
Subsec. (f)(1).
1986—Subsec. (b)(2).
Subsec. (c)(4).
Subsec. (f)(1).
Statutory Notes and Related Subsidiaries
Effective Date of 2001 Amendment
Amendment by
Effective Date of 1999 Amendment
Amendment by
Effective Date of 1996 Amendment
Amendment by
Effective Date of 1994 Amendment
Amendment by
Effective Date of 1993 Amendment
Amendment by
Effective Date of 1991 Amendment
Amendment by
Effective Date of 1986 Amendment
Amendment by section 502(b) of
Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see
Retirement Credit for Certain Government Service Performed Abroad
"(a)
"(1) it was performed by such individual—
"(A) after December 31, 1988, and before May 24, 1998;
"(B) at a United States diplomatic mission, consular post (other than a consular agency), or other Foreign Service post abroad; and
"(C) under a temporary appointment pursuant to sections 309 and 311 of the Foreign Service Act of 1980 (
"(2) at the time of performing such service, such individual would have satisfied all eligibility requirements under regulations of the Department (as in effect on the date of the enactment of this Act [Sept. 30, 2002]) for a family member limited noncareer appointment (within the meaning of such regulations, as in effect on such date of enactment), except that, in applying this paragraph, an individual not employed by the Department while performing such service shall be treated as if then so employed;
"(3) such service would have been creditable under section 8411(b)(3) of such title 5 if—
"(A) the service had been performed before January 1, 1989; and
"(B) the deposit requirements of section 8411(f) of such title 5 had been met with respect to such service;
"(4) such service would not otherwise be creditable under the Federal Employees' Retirement System or any other retirement system for employees of the United States Government (disregarding title II of the Social Security Act [
"(5) the total amount of service performed by such individual (satisfying paragraphs (1) through (4)) is not less than 90 days.
"(b)
"(1)
"(A) shall file a written application with the Office of Personnel Management not later than 36 months after the effective date of the regulations prescribed to carry out this section (as specified in those regulations); and
"(B) shall remit to the Office (for deposit in the Treasury of the United States to the credit of the Civil Service Retirement and Disability Fund) the total amount that, under section 8422 of such title 5, should have been deducted from the basic pay of such individual for such service if such service had then been creditable under such
"(2)
"(A)
"(B)
"(C)
"(3)
"(A) shall be made in such time, form, and manner as the Office of Personnel Management may by regulation require; and
"(B) shall be computed with interest (in accordance with
"(4)
"(A)
"(B)
"(C)
"(c)
"(1)
"(2)
"(3)
"(4)
"(d)
"(e)
"(1)
"(A) which is based on the service of an individual who performed service described in subsection (a), and
"(B) which commences on or after the effective date of the regulations prescribed to carry out this section (as determined under subsection (b)(1)(A)),
shall (subject to subsection (b)(1)) be computed taking into account all service described in subsection (a) that was performed by such individual.
"(2)
"(A)
"(i) which is based on the service of an individual who performed service described in subsection (a), and
"(ii) which commences before the effective date referred to in paragraph (1)(B),
shall (subject to subsection (b)(1)) be recomputed taking into account all service described in subsection (a) that was performed by such individual.
"(B)
"(i) which is based on the service of an individual who performed service described in subsection (a),
"(ii) the requirements for entitlement which could not be met without taking into account service described in subsection (a), and
"(iii) which (if service described in subsection (a) had been taken into account, and an appropriate application been submitted) would have commenced before the effective date referred to in paragraph (1)(B),
shall (subject to subsection (b)(1)) be computed taking into account all service described in subsection (a) that was performed by such individual.
"(C)
"(i) if pursuant to subparagraph (A), be effective as of the commencement date of the annuity or survivor annuity involved; and
"(ii) if pursuant to subparagraph (B), be effective as of the commencement date that would have applied if application for the annuity or survivor annuity involved had been submitted on the earliest date possible in order for it to have been approved.
"(D)
"(E)
"(f)
[For definitions of "Department" and "Secretary" as used in section 321 of
1 See References in Text note below.
2 So in original. Two subsecs. (i) have been enacted.
3 So in original. No subsec. (j) has been enacted.
§8412. Immediate retirement
(a) An employee or Member who is separated from the service after attaining the applicable minimum retirement age under subsection (h) and completing 30 years of service is entitled to an annuity.
(b) An employee or Member who is separated from the service after becoming 60 years of age and completing 20 years of service is entitled to an annuity.
(c) An employee or Member who is separated from the service after becoming 62 years of age and completing 5 years of service is entitled to an annuity.
(d)(1) An employee who is separated from the service, except by removal for cause on charges of misconduct or delinquency—
(A) after completing 25 years of service as a law enforcement officer, member of the Capitol Police or Supreme Court Police, firefighter, nuclear materials courier, or customs and border protection officer, or any combination of such service totaling at least 25 years, or
(B) after becoming 50 years of age and completing 20 years of service as a law enforcement officer, member of the Capitol Police or Supreme Court Police, 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)(A) In this paragraph—
(i) the term "affected individual" means an individual covered under this chapter who—
(I) is performing service in a covered position;
(II) while on duty, becomes ill or is injured as a direct result of the performance of such duties before the date on which the individual becomes entitled to an annuity under paragraph (1) of this subsection or subsection (e), as applicable;
(III) because of the illness or injury described in subclause (II), is permanently unable to render useful and efficient service in the employee's covered position, as determined by the agency in which the individual was serving when such individual incurred the illness or injury; and
(IV) is appointed to a position in the civil service that—
(aa) is not a covered position; and
(bb) is within an agency that regularly appoints individuals to supervisory or administrative positions related to the activities of the former covered position of the individual;
(ii) the term "covered position" means a position as a law enforcement officer, customs and border protection officer, firefighter, air traffic controller, nuclear materials courier, member of the Capitol Police, or member of the Supreme Court Police.
(B) Unless an affected individual files an election described in subparagraph (E), creditable service by the affected individual in a position described in subparagraph (A)(i)(IV) shall be treated as creditable service in a covered position for purposes of this chapter and determining the amount to be deducted and withheld from the pay of the affected individual under section 8422.
(C) Subparagraph (B) shall only apply if the affected employee transitions to a position described in subparagraph (A)(i)(IV) without a break in service exceeding 3 days.
(D) The service of an affected individual shall no longer be eligible for treatment under subparagraph (B) if such service occurs after the individual—
(i) is transferred to a supervisory or administrative position related to the activities of the former covered position of the individual; or
(ii) meets the age and service requirements that would subject the individual to mandatory separation under section 8425 if such individual had remained in the former covered position.
(E) In accordance with procedures established by the Director of the Office of Personnel Management, an affected individual may file an election to have any creditable service performed by the affected individual treated in accordance with this chapter without regard to subparagraph (B).
(F) Nothing in this paragraph shall be construed to apply to such affected individual any other pay-related laws or regulations applicable to a covered position.
(e) An employee who is separated from the service, except by removal for cause on charges of misconduct or delinquency—
(1) after completing 25 years of service as an air traffic controller, or
(2) after becoming 50 years of age and completing 20 years of service as an air traffic controller,
is entitled to an annuity.
(f) A Member who is separated from the service, except by resignation or expulsion—
(1) after completing 25 years of service, or
(2) after becoming 50 years of age and completing 20 years of service,
is entitled to an annuity.
(g)(1) An employee or Member who is separated from the service after attaining the applicable minimum retirement age under subsection (h) and completing 10 years of service is entitled to an annuity. This subsection shall not apply to an employee or Member who is entitled to an annuity under any other provision of this section.
(2) An employee or Member entitled to an annuity under this subsection may defer the commencement of such annuity by written election. The date to which the commencement of the annuity is deferred may not precede the 31st day after the date of filing the election, and must precede the date on which the employee or Member becomes 62 years of age.
(3) The Office shall prescribe regulations under which an election under paragraph (2) shall be made.
(h)(1) The applicable minimum retirement age under this subsection is—
(A) for an individual whose date of birth is before January 1, 1948, 55 years of age;
(B) for an individual whose date of birth is after December 31, 1947, and before January 1, 1953, 55 years of age plus the number of months in the age increase factor determined under paragraph (2)(A);
(C) for an individual whose date of birth is after December 31, 1952, and before January 1, 1965, 56 years of age;
(D) for an individual whose date of birth is after December 31, 1964, and before January 1, 1970, 56 years of age plus the number of months in the age increase factor determined under paragraph (2)(B); and
(E) for an individual whose date of birth is after December 31, 1969, 57 years of age.
(2)(A) For an individual whose date of birth occurs during the 5-year period consisting of calendar years 1948 through 1952, the age increase factor shall be equal to two-twelfths times the number of months in the period beginning with January 1948 and ending with December of the year in which the date of birth occurs.
(B) For an individual whose date of birth occurs during the 5-year period consisting of calendar years 1965 through 1969, the age increase factor shall be equal to two-twelfths times the number of months in the period beginning with January 1965 and ending with December of the year in which the date of birth occurs.
(Added
Applicability of Amendment
For provisions relating to delayed applicability of amendment by
Editorial Notes
Amendments
2022—Subsec. (d).
2007—Subsec. (d)(1), (2).
2000—Subsec. (d).
1998—Subsec. (d)(1), (2).
1990—Subsec. (d)(1), (2).
1986—Subsec. (g).
Statutory Notes and Related Subsidiaries
Effective Date of 2022 Amendment
Amendment by
Effective Date of 2007 Amendment; Transition Rules
Amendment by
Effective Date of 2000 Amendment
Amendment by
Effective Date of 1998 Amendment
Amendment by
Regulations
For provisions relating to promulgation of regulations to carry out the amendments made by
§8412a. Phased retirement
(a) For the purposes of this section—
(1) the term "composite retirement annuity" means the annuity computed when a phased retiree attains full retirement status;
(2) the term "full retirement status" means that a phased retiree has ceased employment and is entitled, upon application, to a composite retirement annuity;
(3) the term "phased employment" means the less-than-full-time employment of a phased retiree;
(4) the term "phased retiree" means a retirement-eligible employee who—
(A) makes an election under subsection (b); and
(B) has not entered full retirement status;
(5) the term "phased retirement annuity" means the annuity payable under this section before full retirement;
(6) the term "phased retirement percentage" means the percentage which, when added to the working percentage for a phased retiree, produces a sum of 100 percent;
(7) the term "phased retirement period" means the period beginning on the date on which an individual becomes entitled to receive a phased retirement annuity and ending on the date on which the individual dies or separates from phased employment;
(8) the term "phased retirement status" means that a phased retiree is concurrently employed in phased employment and eligible to receive a phased retirement annuity;
(9) the term "retirement-eligible employee"—
(A) means an individual who, if the individual separated from the service, would meet the requirements for retirement under subsection (a) or (b) of section 8412; and
(B) does not include—
(i) an individual who, if the individual separated from the service, would meet the requirements for retirement under subsection (d) or (e) of section 8412; but
(ii) does not include an employee described in section 8425 after the date on which the employee is required to be separated from the service by reason of such section; and
(10) the term "working percentage" means the percentage of full-time employment equal to the quotient obtained by dividing—
(A) the number of hours per pay period to be worked by a phased retiree, as scheduled in accordance with subsection (b)(2); by
(B) the number of hours per pay period to be worked by an employee serving in a comparable position on a full-time basis.
(b)(1) With the concurrence of the head of the employing agency, and under regulations promulgated by the Director, a retirement-eligible employee who has been employed on a full-time basis for not less than the 3-year period ending on the date on which the retirement-eligible employee makes an election under this subsection may elect to enter phased retirement status.
(2)(A) Subject to subparagraph (B), at the time of entering phased retirement status, a phased retiree shall be appointed to a position for which the working percentage is 50 percent.
(B) The Director may, by regulation, provide for working percentages different from the percentage specified under subparagraph (A), which shall be not less than 20 percent and not more than 80 percent.
(C) The working percentage for a phased retiree may not be changed during the phased retiree's phased retirement period.
(D)(i) Not less than 20 percent of the hours to be worked by a phased retiree shall consist of mentoring.
(ii) The Director may, by regulation, provide for exceptions to the requirement under clause (i).
(iii) Clause (i) shall not apply to a phased retiree serving in the United States Postal Service. Nothing in this clause shall prevent the application of clause (i) or (ii) with respect to a phased retiree serving in the Postal Regulatory Commission.
(3) A phased retiree—
(A) may not be employed in more than one position at any time; and
(B) may transfer to another position in the same or a different agency, only if the transfer does not result in a change in the working percentage.
(4) A retirement-eligible employee may make not more than one election under this subsection during the retirement-eligible employee's lifetime.
(5) A retirement-eligible employee who makes an election under this subsection may not make an election under section 8420a.
(c)(1) Except as otherwise provided under this subsection, the phased retirement annuity for a phased retiree is the product obtained by multiplying—
(A) the amount of an annuity computed under section 8415 that would have been payable to the phased retiree if, on the date on which the phased retiree enters phased retirement status, the phased retiree had separated from service and retired under section 8412 (a) or (b); by
(B) the phased retirement percentage for the phased retiree.
(2) A phased retirement annuity shall be paid in addition to the basic pay for the position to which a phased retiree is appointed during the phased employment.
(3) A phased retirement annuity shall be adjusted in accordance with section 8462.
(4)(A) A phased retirement annuity shall not be subject to reduction for any form of survivor annuity, shall not serve as the basis of the computation of any survivor annuity, and shall not be subject to any court order requiring a survivor annuity to be provided to any individual.
(B) A phased retirement annuity shall be subject to a court order providing for division, allotment, assignment, execution, levy, attachment, garnishment, or other legal process on the same basis as other annuities.
(5)(A) Any deposit, or election of an actuarial annuity reduction in lieu of a deposit, for military service or for creditable civilian service for which retirement deductions were not made or refunded, shall be made by a retirement-eligible employee at or before the time the retirement-eligible employee enters phased retirement status. No such deposit may be made, or actuarial adjustment in lieu thereof elected, at the time a phased retiree enters full retirement status.
(B) Notwithstanding subparagraph (A), if a phased retiree does not make such a deposit and dies in service as a phased retiree, a survivor of the phased retiree shall have the same right to make such deposit as would have been available had the employee not entered phased retirement status and died in service.
(6) A phased retirement annuity shall commence on the date on which a phased retiree enters phased employment.
(7) No unused sick leave credit may be used in the computation of the phased retirement annuity.
(d) All basic pay not in excess of the full-time rate of pay for the position to which a phased retiree is appointed shall be deemed to be basic pay for purposes of sections 8422 and 8423.
(e) Under such procedures as the Director may prescribe, a phased retiree may elect to enter full retirement status at any time. Upon making such an election, a phased retiree shall be entitled to a composite retirement annuity.
(f)(1) Except as provided otherwise under this subsection, a composite retirement annuity is a single annuity computed under regulations prescribed by the Director, equal to the sum of—
(A) the amount of the phased retirement annuity as of the date of full retirement, including any adjustments made under section 8462; and
(B) the product obtained by multiplying—
(i) the amount of an annuity computed under section 8412 that would have been payable at the time of full retirement if the individual had not elected a phased retirement and as if the individual was employed on a full-time basis in the position occupied during the phased retirement period and before any adjustment to provide for a survivor annuity; by
(ii) the working percentage.
(2) After computing a composite retirement annuity under paragraph (1), the Director shall adjust the amount of the annuity for any applicable reductions for a survivor annuity.
(3) A composite retirement annuity shall be adjusted in accordance with section 8462, except that subsection (c)(1) of that section shall not apply.
(4) In computing a composite retirement annuity under paragraph (1)(B)(i), the unused sick leave to the credit of a phased retiree at the time of entry into full retirement status shall be adjusted by dividing the number of hours of unused sick leave by the working percentage.
(g)(1) Under such procedures and conditions as the Director may provide, and with the concurrence of the head of employing agency, a phased retiree may elect to terminate phased retirement status and return to a full-time work schedule.
(2) Upon entering a full-time work schedule based on an election under paragraph (1), the phased retirement annuity of a phased retiree shall terminate.
(3) After termination of the phased retirement annuity under this subsection, the individual's rights under this chapter shall be determined based on the law in effect at the time of any subsequent separation from service. For purposes of this chapter, at the time of the subsequent separation from service, the phased retirement period shall be treated as if it had been a period of part-time employment with the work schedule described in subsection (b)(2).
(h) For purposes of subchapter IV—
(1) the death of a phased retiree shall be deemed to be the death in service of an employee;
(2) except for purposes of section 8442(b)(1)(A)(i), the phased retirement period shall be deemed to have been a period of part-time employment with the work schedule described in subsection (b)(2) of this section; and
(3) for purposes of section 8442(b)(1)(A)(i), the phased retiree shall be deemed to have been at the full-time rate of pay for the position occupied.
(i) Employment of a phased retiree shall not be deemed to be part-time career employment, as defined in section 3401(2).
(j) A phased retiree is not eligible to receive an annuity supplement under section 8421.
(k) For purposes of subchapter III, a phased retiree shall be deemed to be an employee.
(l) For purposes of section 8445(d), retirement shall be deemed to occur on the date on which a phased retiree enters into full retirement status.
(m) A phased retiree is not eligible to apply for an annuity under subchapter V.
(n) A phased retiree is not subject to section 8468.
(o) For purposes of
(Added
Statutory Notes and Related Subsidiaries
Effective Date
Section effective on Nov. 6, 2014, see section 100121(d) of
§8413. Deferred retirement
(a) An employee or Member who is separated from the service, or transferred to a position in which the employee or Member does not continue subject to this chapter, after completing 5 years of service is entitled to an annuity beginning at the age of 62 years.
(b)(1) An employee or Member who is separated from the service, or transferred to a position in which the employee or Member does not continue subject to this chapter, after completing 10 years of service but before attaining the applicable minimum retirement age under section 8412(h) is entitled to an annuity beginning on the date designated by the employee or Member in a written election under this subsection. The date designated under this subsection may not precede the date on which the employee or Member attains such minimum retirement age and must precede the date on which the employee or Member becomes 62 years of age.
(2) The election of an annuity under this subsection shall not be effective unless—
(A) it is made at such time and in such manner as the Office shall by regulation prescribe; and
(B) the employee or Member will not otherwise be eligible to receive an annuity within 31 days after filing the election.
(3) The election of an annuity under this subsection extinguishes the right of the employee or Member to receive any other annuity based on the service on which the annuity under this subsection is based.
(Added
Editorial Notes
Amendments
1986—Subsec. (b)(1).
§8414. Early retirement
(a)(1) A member of the Senior Executive Service who is removed from the Senior Executive Service for less than fully successful executive performance (as determined under subchapter II of
(2) A member of the Defense Intelligence Senior Executive Service or the Senior Cryptologic Executive Service who is removed from such service for failure to be recertified as a senior executive or for less than fully successful executive performance after completing 25 years of service, or after becoming 50 years of age and completing 20 years of service, is entitled to an annuity.
(3) A member of the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service who is removed from such service for failure to be recertified as a senior executive or for less than fully successful executive performance after completing 25 years of service or after becoming 50 years of age and completing 20 years of service is entitled to an annuity.
(b)(1) Except as provided in paragraphs (2) and (3), an employee who—
(A) is separated from the service involuntarily, except by removal for cause on charges of misconduct or delinquency; or
(B)(i) 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 clause (iv);
(ii) is serving under an appointment that is not time limited;
(iii) has not been duly notified that such employee is to be involuntarily separated for misconduct or unacceptable performance;
(iv) is separate 1 from the service voluntarily during a period in which, as determined by the Office of Personnel Management (upon request of the agency) under regulations prescribed by the Office—
(I) such agency (or, if applicable, the component in which the employee is serving) is undergoing substantial delayering, substantial reorganization, substantial reductions in force, substantial transfer of function, or other substantial workforce restructuring (or shaping);
(II) a significant percentage of employees serving in such agency (or component) are likely to be separated or subject to an immediate reduction in the rate of basic pay (without regard to subchapter VI of
(III) identified as being in positions which are becoming surplus or excess to the agency's future ability to carry out its mission effectively; and
(v) as determined by the agency under regulations prescribed by the Office, is within the scope of the offer of voluntary early retirement, which may be made on the basis of—
(I) 1 or more organizational units;
(II) 1 or more occupational series or levels;
(III) 1 or more geographical locations;
(IV) specific periods;
(V) skills, knowledge, or other factors related to a position; or
(VI) any appropriate combination of such factors.2
after completing 25 years of service, or after becoming 50 years of age and completing 20 years of service, is entitled to an annuity.
(2) An employee under paragraph (1) who is separated as described in subparagraph (A) of such paragraph 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, and the offered position is not lower than 2 grades (or pay levels) below the employee's grade (or pay level) and is within the employee's commuting area.
(3) Paragraph (1) shall not apply to an employee entitled to an annuity under subsection (d)(1) or (e) of section 8412.
(c)(1) An employee who was hired as a military reserve technician on or before February 10, 1996 (under the provisions of this title in effect before that date), and who is separated from technician service, after becoming 50 years of age and completing 25 years of service, by reason of being separated from the Selected Reserve of the employee's reserve component or ceasing to hold the military grade specified by the Secretary concerned for the position held by the employee is entitled to an annuity.
(2) An employee who is initially hired as a military technician (dual status) after February 10, 1996, and who is separated from the Selected Reserve or ceases to hold the military grade specified by the Secretary concerned for the position held by the technician—
(A) after completing 25 years of service as a military technician (dual status), or
(B) after becoming 50 years of age and completing 20 years of service as a military technician (dual status),
is entitled to an annuity.
(d)(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.
(Added
Applicability of Amendment
For provisions relating to delayed applicability of amendment by
Editorial Notes
Amendments
2022—Subsec. (b)(3).
2002—Subsec. (a)(1).
Subsec. (b)(1)(B).
"(i) 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
"(ii) a significant percentage of the total number of 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
2000—Subsec. (b)(1)(B).
Subsec. (d).
1999—Subsec. (b)(1)(B).
Subsec. (c).
Subsec. (d).
1998—Subsec. (b)(1)(B).
Subsec. (d).
1989—Subsec. (a)(1).
Subsec. (a)(2), (3).
1988—Subsec. (a)(3).
Statutory Notes and Related Subsidiaries
Effective Date of 2022 Amendment
Amendment by
Effective Date of 2002 Amendment
Amendment by
Effective Date of 1989 Amendment
Amendment by
Government Accountability Office: Voluntary Early Retirement
For provisions relating to the application of subsection (b)(1)(B) of this section to officers and employees of the Government Accountability Office effective Oct. 13, 2000, see section 1 of
Application of Subsection (b)(1)(B)
1 So in original. Probably should be "separated".
2 So in original. Probably should be a semicolon.
§8415. Computation of basic annuity
(a) Except as otherwise provided in this section, the annuity of an employee retiring under this subchapter is 1 percent of that individual's average pay multiplied by such individual's total service.
(b) The annuity of a Member, or former Member with title to a Member annuity, retiring under this subchapter is computed under subsection (a), except that if the individual has had at least 5 years of service as a Member or Congressional employee, or any combination thereof, so much of the annuity as is computed with respect to either such type of service (or a combination thereof), not exceeding a total of 20 years, shall be computed by multiplying 17/10 percent of the individual's average pay by the years of such service.
(c) The annuity of a Congressional employee, or former Congressional employee, retiring under this subchapter is computed under subsection (a), except that if the individual has had at least 5 years of service as a Congressional employee or Member, or any combination thereof, so much of the annuity as is computed with respect to either such type of service (or a combination thereof), not exceeding a total of 20 years, shall be computed by multiplying 17/10 percent of the individual's average pay by the years of such service.
(d) Notwithstanding any other provision of law, the annuity of an individual described in subsection (b) or (c) who is a revised annuity employee or a further revised annuity employee shall be computed in the same manner as in the case of an individual described in subsection (a).
(e) The annuity of an employee retiring under subsection (d)(1) or (e) of section 8412 or under subsection (a), (b), or (c) of section 8425 is—
(1) 17/10 percent of that individual's average pay multiplied by so much of such individual's total service as does not exceed 20 years; plus
(2) 1 percent of that individual's average pay multiplied by so much of such individual's total service as exceeds 20 years.
(f) The annuity of an air traffic controller or former air traffic controller retiring under section 8412(a) is computed under subsection (a), except that if the individual has at least 5 years of service in any combination as—
(1) an air traffic controller as defined by section 2109(1)(A)(i);
(2) a first level supervisor of an air traffic controller as defined by section 2109(1)(A)(i); or
(3) a second level supervisor of an air traffic controller as defined by section 2109(1)(A)(i);
so much of the annuity as is computed with respect to such type of service shall be computed by multiplying 1 7/10 percent of the individual's average pay by the years of such service.
(g)(1) In computing an annuity under this subchapter for an employee whose service includes service performed on a part-time basis—
(A) the average pay of the employee, to the extent that it includes pay for service performed in any position on a part-time basis, shall be determined by using the annual rate of basic pay that would be payable for full-time service in the position; and
(B) the benefit so computed shall then be multiplied by a fraction equal to the ratio which the employee's actual service, as determined by prorating the employee's total service to reflect the service that was performed on a part-time basis, bears to the total service that would be creditable for the employee if all of the service had been performed on a full-time basis.
(2) For the purpose of this subsection, employment on a part-time basis shall not be considered to include employment on a temporary or intermittent basis.
(h)(1) The annuity of an employee or Member retiring under section 8412(g) or 8413(b) is computed in accordance with applicable provisions of this section, except that the annuity shall be reduced by five-twelfths of 1 percent for each full month by which the commencement date of the annuity precedes the sixty-second anniversary of the birth of the employee or Member.
(2)(A) Paragraph (1) does not apply in the case of an employee or Member retiring under section 8412(g) or 8413(b) if the employee or Member would satisfy the age and service requirements for title to an annuity under section 8412(a), (b), (d)(1)(B), (e)(2), or (f)(2), determined as if the employee or Member had, as of the date of separation, attained the age specified in subparagraph (B).
(B) A determination under subparagraph (A) shall be based on how old the employee or Member will be as of the date on which the annuity under section 8412(g) or 8413(b) is to commence.
(i)(1) In applying subsection (a) with respect to an employee under paragraph (2), the percentage applied under such subsection shall be 1.1 percent, rather than 1 percent.
(2) This subsection applies in the case of an employee who—
(A) retires entitled to an annuity under section 8412; and
(B) at the time of the separation on which entitlement to the annuity is based, is at least 62 years of age and has completed at least 20 years of service;
but does not apply in the case of a Congressional employee, military technician (dual status), law enforcement officer, member of the Supreme Court Police, firefighter, nuclear materials courier, air traffic controller, or customs and border protection officer 1
(j) The annuity of 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 in that position to remove the impediment to the appointment of the Member imposed by article I, section 6, clause 2 of the Constitution, shall, subject to a deposit in the Fund as provided under section 8422(g), be computed as though the rate of basic pay which would otherwise have been in effect during that period of service had been in effect.
(k)(1) For purposes of this subsection, the term "physicians comparability allowance" refers to an amount described in section 8331(3)(H).
(2) Except as otherwise provided in this subsection, no part of a physicians comparability allowance shall be treated as basic pay for purposes of any computation under this section unless, before the date of the separation on which entitlement to annuity is based, the separating individual has completed at least 15 years of service as a Government physician (whether performed before, on, or after the date of the enactment of this subsection).
(3) If the condition under paragraph (2) is met, then, any amounts received by the individual in the form of a physicians comparability allowance shall (for the purposes referred to in paragraph (2)) be treated as basic pay, but only to the extent that such amounts are attributable to service performed on or after the date of the enactment of this subsection, and only to the extent of the percentage allowable, which shall be determined as follows:
| If the total amount of service performed, on or after the date of the enactment of this subsection, as a Government physician is: | Then, the percentage allowable is: |
|---|---|
| Less than 2 years | 0 |
| At least 2 but less than 4 years | 25 |
| At least 4 but less than 6 years | 50 |
| At least 6 but less than 8 years | 75 |
| At least 8 years | 100. |
(4) Notwithstanding any other provision of this subsection, 100 percent of all amounts received as a physicians comparability allowance shall, to the extent attributable to service performed on or after the date of the enactment of this subsection, be treated as basic pay (without regard to any of the preceding provisions of this subsection) for purposes of computing—
(A) an annuity under section 8452; and
(B) a survivor annuity under subchapter IV, if based on the service of an individual who dies before separating from service.
(l) The annuity of an employee retiring under this chapter with service credited under section 8411(b)(6) shall be reduced by the amount necessary to ensure that the present value of the annuity payable to the employee under this subchapter is actuarially equivalent to the present value of the annuity that would be payable to the employee under this subchapter if it were computed—
(1) on the basis of service that does not include service credited under section 8411(b)(6); and
(2) assuming the employee separated from service on the actual date of the separation of the employee.
The amount of the reduction shall be computed under regulations prescribed by the Office of Personnel Management for the administration of this subsection.
(m)(1) In computing an annuity under this subchapter, the total service of an employee who retires from the position of a registered nurse with the Veterans Health Administration on an immediate annuity, or dies while employed in that position leaving any survivor entitled to an annuity, includes the days of unused sick leave to the credit of that employee under a formal leave system, except that such days shall not be counted in determining average pay or annuity eligibility under this subchapter.
(2)(A) Except as provided in paragraph (1), in computing an annuity under this subchapter, the total service of an employee who retires on an immediate annuity or who dies leaving a survivor or survivors entitled to annuity includes the applicable percentage of the days of unused sick leave to his credit under a formal leave system and for which days the employee has not received payment, except that these days will not be counted in determining average pay or annuity eligibility under this subchapter. For purposes of this subsection, in the case of any such employee who is excepted from subchapter I of
(B) For purposes of subparagraph (A), the term "applicable percentage" means—
(i) 50 percent in the case of an annuity, entitlement to which is based on a death or other separation occurring during the period beginning on the date of enactment of this paragraph and ending on December 31, 2013; and
(ii) 100 percent in the case of an annuity, entitlement to which is based on a death or other separation occurring after December 31, 2013.
(n) In the case of any annuity computation under this section that includes, in the aggregate, at least 2 months of credit under section 8411(d) for any period while receiving benefits under subchapter I of
(Added
Applicability of Amendment
For provisions relating to delayed applicability of amendment by
Editorial Notes
References in Text
The date of the enactment of this subsection, referred to in subsec. (k), is the date of enactment of
The date of enactment of this paragraph, referred to in subsec. (m)(2)(B)(i), is the date of enactment of
Amendments
2022—Subsec. (e).
Subsec. (h)(2)(A).
2016—Subsec. (f).
2013—Subsec. (d).
2012—Subsecs. (d) to (n).
2009—Subsecs. (k) to (m).
2007—Subsec. (h)(2).
2003—Subsecs. (e) to (h).
Subsec. (i).
Subsec. (j).
Subsec. (k).
Subsec.(l).
2002—Subsec. (i).
2001—Subsec. (j).
2000—Subsec. (g).
Subsec. (i).
1999—Subsec. (g)(2).
1998—Subsec. (g)(2).
1997—Subsec. (h).
1994—Subsec. (d).
1986—Subsec. (f)(2).
Statutory Notes and Related Subsidiaries
Effective Date of 2022 Amendment
Amendment by
Effective Date of 2016 Amendment
Effective Date of 2009 Amendment
Effective Date of 2007 Amendment; Transition Rules
Amendment by
Effective Date of 2003 Amendments
Amendment by
Effective Date of 2002 Amendment
Effective Date of 2001 Amendment
Amendment by
Effective Date of 2000 Amendment
Amendment by
Effective Date of 1998 Amendment
Amendment by
Effective Date of 1997 Amendment
Amendment by
Procedures Required
"(1) notification to each annuitant affected by the amendments made by this section [amending this section];
"(2) recalculation of the benefits of affected annuitants;
"(3) an adjustment to applicable monthly benefit amounts pursuant to such recalculation, to begin as soon as is practicable; and
"(4) a lump-sum payment to each affected annuitant equal to the additional total benefit amount that such annuitant would have received had the amendment made by subsection (a) been in effect on December 12, 2003."
Clarification Relating to Consideration of Pre-1987 Service as an Air Traffic Controller for Retirement Purposes
See section 2 of
1 So in original. Probably should be followed by a period.
§8416. Survivor reduction for a current spouse
(a)(1) If an employee or Member is married at the time of retiring under this chapter, the reduction described in section 8419(a) shall be made unless the employee or Member and the spouse jointly waive, by written election, any right which the spouse may have to a survivor annuity under section 8442 based on the service of such employee or Member. A waiver under this paragraph shall be filed with the Office under procedures prescribed by the Office.
(2) Notwithstanding paragraph (1), an employee or Member who is married at the time of retiring under this chapter may waive the annuity for a surviving spouse without the spouse's consent if the employee or Member establishes to the satisfaction of the Office (in accordance with regulations prescribed by the Office)—
(A) that the spouse's whereabouts cannot be determined; or
(B) that, due to exceptional circumstances, requiring the employee or Member to seek the spouse's consent would otherwise be inappropriate.
(3) Except as provided in subsection (d), a waiver made under this subsection shall be irrevocable.
(b)(1) Upon remarriage, a retired employee or Member who was married at the time of retirement (including an employee or Member whose annuity was not reduced to provide a survivor annuity for the employee's or Member's spouse or former spouse as of the time of retirement) may irrevocably elect during such marriage, in a signed writing received by the Office within 2 years after such remarriage or, if later, within 2 years after the death or remarriage of any former spouse of such employee or Member who was entitled to a survivor annuity under section 8445 (or of the last such surviving former spouse, if there was more than one), a reduction in the employee's or Member's annuity under section 8419(a) for the purpose of providing an annuity for such employee's or Member's spouse in the event such spouse survives the employee or Member.
(2) The election and reduction shall be effective the first day of the second month after the election is received by the Office, but not less than 9 months after the date of the remarriage.
(3) An election to provide a survivor annuity to an individual under this subsection—
(A) shall prospectively void any election made by the employee or Member under section 8420 with respect to such individual; or
(B) shall, if an election was made by the employee or Member under section 8420 with respect to a different individual, prospectively void such election if appropriate written application is made by such employee or Member at the time of making the election under this subsection.
(4) Any election under this subsection made by an employee or Member on behalf of an individual after the retirement of such employee or Member shall not be effective if—
(A) the employee or Member was married to such individual at the time of retirement; and
(B) the annuity rights of such individual based on the service of such employee or Member were then waived under subsection (a).
(c)(1) An employee or Member who is unmarried at the time of retiring under this chapter and who later marries may irrevocably elect, in a signed writing received by the Office within 2 years after such employee or Member marries or, if later, within 2 years after the death or remarriage of any former spouse of such employee or Member who was entitled to a survivor annuity under section 8445 (or of the last such surviving former spouse, if there was more than one), a reduction in the current annuity of the retired employee or Member, in accordance with section 8419(a).
(2) The election and reduction shall take effect the first day of the first month beginning 9 months after the date of marriage. Any such election to provide a survivor annuity for an individual—
(A) shall prospectively void any election made by the employee or Member under section 8420 with respect to such individual; or
(B) shall, if an election was made by the employee or Member under section 8420 with respect to a different individual, prospectively void such election if appropriate written application is made by such employee or Member at the time of making the election under this subsection.
(d)(1) An employee or Member—
(A) who is married on the date of retiring under this chapter, and
(B) with respect to whose spouse a waiver under subsection (a) has been made,
may, during the 18-month period beginning on such date, elect to have a reduction made under section 8419 in order to provide a survivor annuity under section 8442 for such spouse.
(2)(A) An election under this subsection shall not be effective unless the amount described in subparagraph (B) is deposited into the Fund before the expiration of the 18-month period referred to in paragraph (1).
(B) The amount to be deposited under this subparagraph is equal to the sum of—
(i) the difference (for the period between the date on which the annuity of the former employee or Member commences and the date on which reductions pursuant to the election under this subsection commence) between the amount paid to the former employee or Member from the Fund under this chapter and the amount which would have been paid if such election had been made at the time of retirement; and
(ii) the costs associated with providing for the election under this subsection.
The amount to be deposited under clause (i) shall include interest, computed at the rate of 6 percent a year.
(3) An annuity which is reduced pursuant to an election by a former employee or Member under this subsection shall be reduced by the same percentage as was in effect under section 8419 as of the date of the employee's or Member's retirement.
(4) Rights and obligations under this chapter resulting from an election under this subsection shall be the same as the rights and obligations which would have resulted had the election been made at the time of retirement.
(5) The Office shall inform each employee and Member who is eligible to make an election under this subsection of the right to make such election and the procedures and deadlines applicable in making any such election.
(Added
§8417. Survivor reduction for a former spouse
(a) If an employee or Member has a former spouse who is entitled to a survivor annuity as provided in section 8445, the reduction described in section 8419(a) shall be made.
(b)(1) An employee or Member who has a former spouse may elect, under procedures prescribed by the Office, a reduction in the annuity of the employee or Member under section 8419(a) in order to provide a survivor annuity for such former spouse under section 8445.
(2) An election under this subsection shall be made at the time of retirement or, if the marriage is dissolved after the date of retirement, within 2 years after the date on which the marriage of the former spouse to the employee or Member is so dissolved.
(3) An election under this subsection—
(A) shall not be effective to the extent that it—
(i) conflicts with—
(I) any court order or decree referred to in section 8445(a) which was issued before the date of such election; or
(II) any agreement referred to in such section 8445(a) which was entered into before such date; or
(ii) would cause the total of survivor annuities payable under sections 8442 and 8445, respectively, based on the service of the employee or Member to exceed the amount which would be payable to a widow or widower of such employee or Member under such section 8442 (determined without regard to any reduction to provide for an annuity under such section 8445); and
(B) shall not be effective, in the case of an employee or Member who is then married, unless it is made with the spouse's written consent.
The Office shall by regulation provide that subparagraph (B) may be waived for either of the reasons set forth in section 8416(a)(2).
(Added
§8418. Survivor elections; deposit; offsets
(a)(1) An individual who makes an election under subsection (b) or (c) of section 8416 or section 8417(b) which is required to be made within 2 years after the date of a prescribed event shall deposit into the Fund an amount determined by the Office (as nearly as may be administratively feasible) to reflect the amount by which the annuity of such individual would have been reduced if the election had been in effect since the date of retirement (or, if later, and in the case of an election under such section 8416(b), since the date the previous reduction in the annuity of such individual was terminated under paragraph (1) or (2) of section 8419(b)), plus interest.
(2) Interest under paragraph (1) shall be computed at the rate of 6 percent a year.
(b) The Office shall, by regulation, provide for payment of the deposit required under subsection (a) by a reduction in the annuity of the employee or Member. The reduction shall, to the extent practicable, be designed so that the present value of the future reduction is actuarially equivalent to the deposit required under subsection (a), except that the total reductions in the annuity of an employee or Member to pay deposits required by this section shall not exceed 25 percent of the annuity computed under section 8415 or section 8452, including adjustments under section 8462. The reduction required by this subsection, which shall be effective at the same time as the election under section 8416(b) and (c) or section 8417(b), shall be permanent and unaffected by any future termination of the marriage or the entitlement of the former spouse. Such reduction shall be independent of and in addition to the reduction required under section 8416(b) and (c) or section 8417(b).
(c) Subsections (a) and (b) shall not apply if—
(1) the employee or Member makes an election under section 8416(b) or (c) after having made an election under section 8420; and
(2) the election under such section 8420 becomes void under subsection (b)(3) or (c)(2) of such section 8416.
(d) The Office shall prescribe regulations under which the survivor of an employee or Member may make a deposit under this section.
(Added
Editorial Notes
Amendments
1993—Subsec. (a)(1).
Subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 1993 Amendment
Amendment by
§8419. Survivor reductions; computation
(a)(1) Except as provided in paragraph (2), the annuity of an annuitant computed under section 8415, or under section 8452 (including subsection (a)(2) of such section, if applicable) or one-half of the annuity, if jointly designated for this purpose by the employee or Member and the spouse of the employee or Member under procedures prescribed by the Office of Personnel Management, shall be reduced by 10 percent if a survivor annuity, or a combination of survivor annuities, under section 8442 or 8445 (or both) are to be provided for.
(2)(A) If no survivor annuity under section 8442 is to be provided for, but one or more survivor annuities under section 8445 involving a total of less than the entirety of the amount referred to in subsection (b)(2) of such section are to be provided for, the annuity of the annuitant involved (as computed under section 8415, or under section 8452 (including subsection (a)(2) of such section, if applicable)) or one-half of the annuity, if jointly designated for this purpose by the employee or Member and the spouse of the employee or Member under procedures prescribed by the Office of Personnel Management, shall be reduced by an appropriate percentage determined under subparagraph (B).
(B) The Office shall prescribe regulations under which an appropriate reduction under this paragraph, not to exceed a total of 10 percent, shall be made.
(b)(1) Any reduction in an annuity for the purpose of providing a survivor annuity for the current spouse of a retired employee or Member shall be terminated for each full month—
(A) after the death of the spouse; or
(B) after the dissolution of the spouse's marriage to the employee or Member, except that an appropriate reduction shall be made thereafter if the spouse is entitled, as a former spouse, to a survivor annuity under section 8445.
(2) Any reduction in an annuity for the purpose of providing a survivor annuity for a former spouse of a retired employee or Member shall be terminated for each full month after the former spouse remarries before reaching age 55 or dies. This reduction shall be replaced by appropriate reductions under subsection (a) if the retired employee or Member has one or more of the following:
(A) another former spouse who is entitled to a survivor annuity under section 8445;
(B) a current spouse to whom the employee or Member was married at the time of retirement and with respect to whom a survivor annuity was not waived under section 8416(a) (or, if waived, with respect to whom an election under section 8416(d) has been made); or
(C) a current spouse whom the employee or Member married after retirement and with respect to whom an election has been made under subsection (b) or (c) of section 8416.
(Added
Editorial Notes
Amendments
1988—Subsec. (a)(1), (2)(A).
§8420. Insurable interest reductions
(a)(1) At the time of retiring under section 8412, 8413, or 8414, an employee or Member who is found to be in good health by the Office may elect to have such employee's or Member's annuity (as computed under section 8415) reduced under paragraph (2) in order to provide an annuity under section 8444 for an individual having an insurable interest in the employee or Member. Such individual shall be designated by the employee or Member in writing.
(2) The annuity of the employee or Member making the election is reduced by 10 percent, and by 5 percent for each full 5 years the individual named is younger than the retiring employee or Member, except that the total reduction may not exceed 40 percent.
(3) An annuity which is reduced under this subsection shall, effective the first day of the month following the death of the individual named under this subsection, be recomputed and paid as if the annuity had not been so reduced.
(b)(1) In the case of a married employee or Member, an election under this section on behalf of the spouse may be made only if any right of such spouse to a survivor annuity based on the service of such employee or Member is waived in accordance with section 8416(a).
(2) Paragraph (1) does not apply in the case of an employee or Member if such employee or Member has a former spouse who would become entitled to an annuity under section 8445 as a survivor of such employee or Member.
(Added
§8420a. Alternative forms of annuities
(a) The Office shall prescribe regulations under which any employee or Member who has a life-threatening affliction or other critical medical condition may, at the time of retiring under this subchapter, elect annuity benefits under this section instead of any other benefits under this subchapter, and any benefits under subchapter IV of this chapter, based on the service of the employee or Member.
(b) Subject to subsection (c), the Office shall by regulation provide for such alternative forms of annuities as the Office considers appropriate, except that among the alternatives offered shall be—
(1) an alternative which provides for—
(A) payment of the lump-sum credit (excluding interest) to the employee or Member; and
(B) payment of an annuity to the employee or Member for life; and
(2) in the case of an employee or Member who is married at the time of retirement, an alternative which provides for—
(A) payment of the lump-sum credit (excluding interest) to the employee or Member; and
(B) payment of an annuity to the employee or Member for life, with a survivor annuity payable for the life of a surviving spouse.
(c) Each alternative provided for under subsection (b) shall, to the extent practicable, be designed such that the present value of the benefits provided under such alternative (including any lump-sum credit) is actuarially equivalent to the sum of—
(1) the present value of the annuity which would otherwise be provided under this subchapter, as computed under section 8415; and
(2) the present value of the annuity supplement which would otherwise be provided (if any) under section 8421.
(d) An employee or Member who, at the time of retiring under this subchapter—
(1) is married, shall be ineligible to make an election under this section unless a waiver is made under section 8416(a); or
(2) has a former spouse, shall be ineligible to make an election under this section if the former spouse is entitled to benefits under section 8445 or 8467 (based on the service of the employee or Member) under the terms of a decree of divorce or annulment, or a court order or court-approved property settlement incident to any such decree, with respect to which the Office has been duly notified.
(e) An employee or Member who is married at the time of retiring under this subchapter and who makes an election under this section may, during the 18-month period beginning on the date of retirement, make the election provided for under section 8416(d), subject to the deposit requirement thereunder.
(Added
Editorial Notes
Amendments
1993—Subsec. (a).
Subsec. (f).
1990—Subsec. (f).
Statutory Notes and Related Subsidiaries
Effective Date of 1993 Amendment
Amendment by
Applicability of Sections 8343a(f) and 8420a(f) to Individuals Called to or Performing Duty in Connection With Operation Desert Shield
For provisions relating to application of subsec. (f) of this section to certain members of Armed Forces who were called or ordered to active duty in connection with Operation Desert Shield and to certain employees of Department of Defense who are certified to have performed duties essential for support of Operation Desert Shield, see section 7001(a)(4) of
Partial Deferred Payment of Lump-Sum Credit for Certain Individuals Electing Alternative Forms of Annuities
For provisions relating to deferred payment of lump-sum credit for certain individuals electing alternative forms of annuities, see notes set out under
§8421. Annuity supplement
(a)(1) Subject to paragraph (3), an individual shall, if and while entitled to an annuity under subsection (a), (b), (d)(1), or (e) of section 8412, or under section 8414(c), also be entitled to an annuity supplement under this section.
(2) Subject to paragraph (3), an individual shall, if and while entitled to an annuity under section 8412(f), or under subsection (a) or (b) of section 8414, also be entitled to an annuity supplement under this section if such individual is at least the applicable minimum retirement age under section 8412(h).
(3)(A) An individual whose entitlement to an annuity under section 8412 or 8414 does not commence before age 62 is not entitled to an annuity supplement under this section.
(B) An individual entitled to an annuity supplement under this section ceases to be so entitled after the last day of the month preceding the first month for which such individual would, on proper application, be entitled to old-age insurance benefits under title II of the Social Security Act, but not later than the last day of the month in which such individual attains age 62.
(b)(1) The amount of the annuity supplement of an annuitant under this section for any month shall be equal to the product of—
(A) an amount determined under paragraph (2), multiplied by
(B) a fraction, as described in paragraph (3).
(2) The amount under this paragraph for an annuitant is an amount equal to the old-age insurance benefit which would be payable to such annuitant under title II of the Social Security Act (without regard to sections 203, 215(a)(7), and 215(d)(5) of such Act) upon attaining age 62 and filing application therefor, determined as if the annuitant had attained such age and filed application therefor, and were a fully insured individual (as defined in section 214(a) of such Act), on January 1 of the year in which such annuitant's entitlement to any payment under this section commences, except that the reduction of such old-age insurance benefit under section 202(q) of such Act shall be the maximum applicable for an individual born in the same year as the annuitant. In computing the primary insurance amount under section 215 of such Act for purposes of this paragraph, the number of elapsed years (referred to in section 215(b)(2)(B)(iii) of such Act and used to compute the number of benefit computation years) shall not include years beginning with the year in which such annuitant's entitlement to any payment under this section commences, and—
(A) only basic pay for service performed (if any) shall be taken into account in computing the total wages and self-employment income of the annuitant for a benefit computation year;
(B) for a benefit computation year which commences after the date of the separation with respect to which entitlement to the annuitant's annuity under this subchapter is based and before the date as of which such annuitant is treated, under the preceding sentence, to have attained age 62, the total wages and self-employment income of such annuitant for such year shall be deemed to be zero; and
(C) for a benefit computation year after age 21 which precedes the separation referred to in subparagraph (B), and during which the individual did not perform a full year of service, the total wages and self-employment income of such annuitant for such year shall be deemed to have been an amount equal to the product of—
(i) the average total wages of all workers for that year, multiplied by
(ii) a fraction—
(I) the numerator of which is the total basic pay of the individual for service performed in the first year thereafter in which such individual performed a full year of service; and
(II) the denominator of which is the average total wages of all workers for the year referred to in subclause (I).
(3) The fraction under this paragraph for any annuitant is a fraction—
(A) the numerator of which is the annuitant's total years of service (rounding a fraction to the nearest whole number, with ½ being rounded to the next higher number), not to exceed the number under subparagraph (B); and
(B) the denominator of which is 40.
(4) For the purpose of this subsection—
(A) the term "benefit computation year" has the meaning provided in section 215(b)(2)(B)(i) of the Social Security Act;
(B) the term "average total wages of all workers", for a year, means the average of the total wages, as defined and computed under section 215(b)(3)(A)(ii)(I) of the Social Security Act for such year; and
(C) the term "service" does not include military service.
(c) An amount under this section shall, for purposes of section 8467, be treated in the same way as an amount computed under section 8415.
(Added
Applicability of Amendment
For provisions relating to delayed applicability of amendment by
Editorial Notes
References in Text
The Social Security Act, referred to in subsecs. (a)(3)(B) and (b)(2), (4)(A), (B), is act Aug. 14, 1935, ch. 531,
Amendments
2022—Subsec. (a)(1).
2002—Subsec. (a)(2).
1992—Subsec. (a)(2).
1989—Subsec. (a)(2).
Statutory Notes and Related Subsidiaries
Effective Date of 2022 Amendment
Amendment by
Effective Date of 2002 Amendment
Amendment by
Effective Date of 1989 Amendment
Amendment by
§8421a. Reductions on account of earnings from work performed while entitled to an annuity supplement
(a) Except as provided in subsection (c), the amount of the annuity supplement to which an individual is entitled under section 8421 for any month (determined without regard to subsection (c) of such section) shall be reduced by the amount of any excess earnings of such individual which are required to be charged to such supplement for such month, as determined under subsection (b).
(b) The amount of an individual's excess earnings shall be charged to months as follows:
(1)(A) There shall be charged to each month of a year under subsection (a) an amount equal to the individual's excess earnings (as determined under paragraph (2) with respect to such year), divided by the number of the individual's supplement entitlement months for such year (as determined under paragraph (3)).
(B) Notwithstanding subparagraph (A), the amount charged to a month under subsection (a) may not exceed the amount of the annuity supplement to which the individual is entitled under section 8421 for such month (determined without regard to subsection (c) of such section).
(2) The excess earnings based on which reductions under subsection (a) shall be made with respect to an individual in a year—
(A) shall be equal to 50 percent of so much of such individual's earnings for the immediately preceding year as exceeds the applicable exempt amount for such preceding year; but
(B) may not exceed the total amount of the annuity supplement payments to which such individual was entitled for such preceding year under section 8421 (determined without regard to subsection (c) of such section, and without regard to this section).
(3)(A) Subject to subparagraph (B), the number of an individual's supplement entitlement months for a year shall be 12.
(B) The number determined under subparagraph (A) shall be reduced so as not to include any month after which such individual ceases to be entitled to an annuity supplement by reason of section 8421(a)(3)(B), relating to cessation of entitlement upon attaining age 62.
(4)(A) For purposes of this section, and except as provided in subparagraph (B), the "earnings" and the "applicable exempt amount" of an individual shall be determined in a manner consistent with applicable provisions of section 203 of the Social Security Act.
(B) For purposes of this section—
(i) in determining the excess earnings of any individual, only earnings attributable to periods during which such individual was entitled to an annuity supplement under section 8421 shall be considered; and
(ii) any earnings attributable to a period before attaining the applicable retirement age under section 8412(h) shall not be considered in determining the excess earnings of an individual who retires under section 8412(d)(1) or (e), or section 8414(c).
(5) Notwithstanding paragraphs (1) through (4), the reduction required by subsection (a) shall be effective with respect to the annuity supplement payable for each month in the 12-month period beginning on the first day of the seventh month after the end of the calendar year in which the excess earnings were earned.
(c) This section shall not apply to an individual described in section 8412(e) during any period in which the individual, after separating from the service as described in that section, is employed as an—
(1) air traffic control instructor, or supervisor thereof, under contract with the Federal Aviation Administration, including an instructor or supervisor working at an on-site facility (such as an airport); or
(2) air traffic controller pursuant to a contract made with the Secretary of Transportation under
(d) The Office shall prescribe regulations under which this section shall be applied in the case of a reemployed annuitant.
(Added
Applicability of Amendment
For provisions relating to delayed applicability of amendment by
Editorial Notes
References in Text
Section 203 of the Social Security Act, referred to in subsec. (b)(4)(A), is classified to
Amendments
2022—Subsec. (b)(4)(B)(ii).
Subsec. (c).
2019—Subsec. (c).
2016—Subsec. (a).
Subsecs. (c), (d).
2000—Subsec. (b)(5).
1986—Subsecs. (c), (d).
Statutory Notes and Related Subsidiaries
Effective Date of 2022 Amendment
Amendment by
Effective Date of 2000 Amendment
§8422. Deductions from pay; contributions for other service; deposits
(a)(1) The employing agency shall deduct and withhold from basic pay of each employee and Member a percentage of basic pay determined in accordance with paragraph (2).
(2) The percentage to be deducted and withheld from basic pay for any pay period shall be equal to—
(A) the applicable percentage under paragraph (3), minus
(B) the percentage then in effect under section 3101(a) of the Internal Revenue Code of 1986 (relating to rate of tax for old-age, survivors, and disability insurance).
(3)(A) The applicable percentage under this paragraph for civilian service by employees or Members other than revised annuity employees or further revised annuity employees shall be as follows:
| Employee | 7 | January 1, 1987, to December 31, 1998. |
| 7.25 | January 1, 1999, to December 31, 1999. | |
| 7.4 | January 1, 2000, to December 31, 2000. | |
| 7 | After December 31, 2000. | |
| Congressional employee | 7.5 | January 1, 1987, to December 31, 1998. |
| 7.75 | January 1, 1999, to December 31, 1999. | |
| 7.9 | January 1, 2000, to December 31, 2000. | |
| 7.5 | After December 31, 2000. | |
| Member | 7.5 | January 1, 1987, to December 31, 1998. |
| 7.75 | January 1, 1999, to December 31, 1999. | |
| 7.9 | January 1, 2000, to December 31, 2000. | |
| 8 | January 1, 2001, to December 31, 2002. | |
| 7.5 | After December 31, 2002. | |
| Law enforcement officer, firefighter, member of the Capitol Police, member of the Supreme Court Police, or air traffic controller | 7.5 7.75 7.9 7.5 |
January 1, 1987, to December 31, 1998. January 1, 1999, to December 31, 1999. January 1, 2000, to December 31, 2000. After December 31, 2000. |
| Nuclear materials courier | 7 | January 1, 1987, to October 16, 1998. |
| 7.5 | October 17, 1998, to December 31, 1998. | |
| 7.75 | January 1, 1999, to December 31, 1999. | |
| 7.9 | January 1, 2000, to December 31, 2000. | |
| 7.5 | After December 31, 2000. | |
| Customs and border protection officer | 7.5 | After June 29, 2008. |
(B) The applicable percentage under this paragraph for civilian service by revised annuity employees shall be as follows:
| Employee | 9.3 | After December 31, 2012. |
| Congressional employee | 9.3 | After December 31, 2012. |
| Member | 9.3 | After December 31, 2012. |
| Law enforcement officer, firefighter, member of the Capitol Police, member of the Supreme Court Police, or air traffic controller | 9.8 | After December 31, 2012. |
| Nuclear materials courier | 9.8 | After December 31, 2012. |
| Customs and border protection officer | 9.8 | After December 31, 2012. |
(C) The applicable percentage under this paragraph for civilian service by further revised annuity employees shall be as follows:
| Employee | 10.6 | After December 31, 2013. |
| Congressional employee | 10.6 | After December 31, 2013. |
| Member | 10.6 | After December 31, 2013. |
| Law enforcement officer, firefighter, member of the Capitol Police, member of the Supreme Court Police, or air traffic controller | 11.1 | After December 31, 2013. |
| Nuclear materials courier | 11.1 | After December 31, 2013. |
| Customs and border protection officer | 11.1 | After December 31, 2013. |
(b) Each employee or Member is deemed to consent and agree to the deductions under subsection (a). Notwithstanding any law or regulation affecting the pay of an employee or Member, payment less such deductions is a full and complete discharge and acquittance of all claims and demands for regular services during the period covered by the payment, except the right to any benefits under this subchapter, or under subchapter IV or V of this chapter, based on the service of the employee or Member.
(c) The amounts deducted and withheld under this section shall be deposited in the Treasury of the United States to the credit of the Fund under such procedures as the Secretary of the Treasury may prescribe. Deposits made by an employee, Member, or survivor also shall be credited to the Fund.
(d)(1) Under such regulations as the Office may prescribe, amounts deducted under subsection (a) shall be entered on individual retirement records.
(2) Deposit may not be required for days of unused sick leave credited under paragraph (1) or (2) of section 8415(m).
(e)(1)(A) Except as provided in subparagraph (B), and subject to paragraph (6), each employee or Member who has performed military service before the date of the separation on which the entitlement to any annuity under this subchapter, or subchapter V of this chapter, is based may pay, in accordance with such regulations as the Office shall issue, to the agency by which the employee is employed, or, in the case of a Member or a Congressional employee, to the Secretary of the Senate or the Chief Administrative Officer of the House of Representatives, as appropriate, an amount equal to 3 percent of the amount of the basic pay paid under
(B) In any case where military service interrupts creditable civilian service under this subchapter and reemployment pursuant to
(2) Any deposit made under paragraph (1) more than two years after the later of—
(A) January 1, 1987; or
(B) the date on which the employee or Member making the deposit first becomes an employee or Member following the period of military service for which such deposit is due,
shall include interest on such amount computed and compounded annually beginning on the date of the expiration of the two-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 section 8334(e).
(3) Any payment received by an agency, the Secretary of the Senate, or the Chief Administrative Officer of the House of Representatives under this subsection shall be immediately remitted to the Office for deposit in the Treasury of the United States to the credit of the Fund.
(4) The Secretary of Defense, the Secretary of Transportation, the Secretary of Commerce, or the Secretary of Health and Human Services, as appropriate, shall furnish such information to the Office as the Office may determine to be necessary for the administration of this subsection.
(5) For the purpose of survivor annuities, deposits authorized by this subsection may also be made by a survivor of an employee or Member.
(6) The percentage of basic pay under
(A) January 1, 1999, through December 31, 1999, shall be 3.25 percent; and
(B) January 1, 2000, through December 31, 2000, shall be 3.4 percent.
(7)(A) In calculating and processing the deposit under paragraph (1) with respect to an employee, Member, or annuitant, if the employing agency of such employee, Member, or annuitant makes an administrative error, such employing agency may pay, on behalf of the employee, Member, or annuitant, any additional interest assessed due to the administrative error.
(B) For purposes of subparagraph (A), the Secretary of the Senate or the Chief Administrative Officer of the House of Representatives, as appropriate, shall be considered the employing agency of a Member or Congressional employee.
(C) The Director of the Office of Personnel Management shall issue such regulations as are necessary to carry out this paragraph.
(f)(1) Each employee or Member who has performed service as a volunteer or volunteer leader under part A of title VIII of the Economic Opportunity Act of 1964, as a full-time volunteer enrolled in a program of at least 1 year's duration under part A, B,1 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, or subchapter V of this chapter, is based may pay, in accordance with such regulations as the Office of Personnel Management shall issue, an amount equal to 3 percent of the readjustment allowance paid to the employee or Member under title VIII of the Economic Opportunity Service 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,1 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 section 8334(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) The percentage of the readjustment allowance or stipend (as the case may be) payable under paragraph (1), with respect to any period of volunteer service performed during—
(A) January 1, 1999, through December 31, 1999, shall be 3.25 percent; and
(B) January 1, 2000, through December 31, 2000, shall be 3.4 percent.
(5)(A) In calculating and processing the deposit under paragraph (1) with respect to an employee, Member, or annuitant, if an employing agency of such employee, Member, or annuitant makes an administrative error that causes additional interest assessed to accrue on the deposit, the employee, Member, or annuitant's employing agency may pay, on behalf of the employee, Member, or annuitant, any additional interest assessed due to the administrative error.
(B) In calculating and processing the deposit under paragraph (1) with respect to an employee, Member, or annuitant, if the Office of Personnel Management makes an administrative error that causes additional interest assessed to accrue on the deposit, the Office of Personnel Management may pay, on behalf of the employee, Member, or annuitant, any additional interest assessed due to the administrative error.
(C) For purposes of subparagraph (A), the Secretary of the Senate or the Chief Administrative Officer of the House of Representatives, as appropriate, shall be considered the employing agency of a Member or congressional employee.
(D) The Director of the Office of Personnel Management shall issue such regulations as are necessary to carry out this paragraph.
(g) 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 section 8334(e).
(h) No deposit may be made with respect to service credited under section 8411(b)(6).
(i)(1) Each employee or Member who has received a refund of retirement deductions under this or any other retirement system established for employees of the Government covering service for which such employee or Member may be allowed credit under this chapter may deposit the amount received, with interest. Credit may not be allowed for the service covered by the refund until the deposit is made.
(2) Interest under this subsection shall be computed in accordance with paragraphs (2) and (3) of section 8334(e) and regulations prescribed by the Office. The option under the third sentence of section 8334(e)(2) to make a deposit in one or more installments shall apply to deposits under this subsection.
(3) For the purpose of survivor annuities, deposits authorized by this subsection may also be made by a survivor of an employee or Member.
(Added
Editorial Notes
References in Text
Section 3101(a) of the Internal Revenue Code of 1986, referred to in subsec. (a)(2)(B), is classified to
The Economic Opportunity Act of 1964, referred to in subsec. (f)(1), is
The Domestic Volunteer Service Act of 1973, referred to in subsec. (f)(1), is
The Peace Corps Act, referred to in subsec. (f)(1), is
Amendments
2018—Subsec. (e)(7).
Subsec. (f)(5).
2013—Subsec. (a)(3)(A).
Subsec. (a)(3)(C).
2012—Subsec. (a)(3).
Subsec. (d)(2).
2009—
Subsec. (c).
Subsec. (d)(2).
Subsec. (i).
2007—Subsec. (a)(3).
2003—Subsec. (d)(2).
2002—Subsec. (d).
2001—
Subsec. (h).
2000—Subsec. (a)(3).
Subsec. (e)(6).
Subsec. (f)(4).
1999—Subsec. (a)(3).
1998—Subsec. (a)(3).
1997—Subsec. (a)(2), (3).
"(A) in the case of an employee (other than a law enforcement officer, firefighter, air traffic controller, or Congressional employee) a percentage equal to—
"(i) 7 percent, minus
"(ii) the percentage then in effect under section 3101(a) of the Internal Revenue Code of 1986 (relating to rate of tax for old-age, survivors, and disability insurance); and
"(B) in the case of a Member, law enforcement officer, firefighter, air traffic controller, or Congressional employee, a percentage equal to—
"(i) 7½ percent, minus
"(ii) the same percentage as would apply in the case of an employee under subparagraph (A)(ii)."
Subsec. (e)(1)(A).
Subsec. (e)(6).
Subsec. (f)(1).
Subsec. (f)(4).
Subsec. (g).
1996—Subsec. (c).
Subsec. (e)(1)(A), (3).
1994—Subsec. (a)(2)(A)(ii).
Subsec. (e)(1).
Subsec. (e)(2)(B).
1993—Subsec. (f).
1988—Subsec. (e)(5).
Statutory Notes and Related Subsidiaries
Effective Date of 2009 Amendment
Amendment by section 1901(b) of
Effective Date of 2007 Amendment; Transition Rules
Amendment by
Effective Date of 2003 Amendments
Amendment by
Amendment by
Effective Date of 2002 Amendment
Amendment by
Effective Date of 2001 Amendment
Amendment by
Effective Date of 2000 Amendments
Amendment by
Amendment by
Effective Date of 1998 Amendment
Amendment by
Effective Date of 1997 Amendments
Amendment by
Amendment by
Effective Date of 1994 Amendment
Amendment by
Effective Date of 1993 Amendment
Amendment by
Authorization of Payments
Payments from the Office of Personnel Management authorized by section 3(b) of
No Reduction in Agency Contributions
1 See References in Text note below.
§8423. Government contributions
(a)(1) Each employing agency having any employees or Members subject to section 8422(a) shall contribute to the Fund an amount equal to the sum of—
(A) the product of—
(i) the normal-cost percentage, as determined for employees (other than employees covered by subparagraph (B)), multiplied by
(ii) the aggregate amount of basic pay payable by the agency, for the period involved, to employees (under clause (i)) who are within such agency; and
(B) the product of—
(i) the normal-cost percentage, as determined for Members, Congressional employees (including a separate normal-cost percentage for Congressional employees that are members of the Capitol Police covered under subsection (d) of section 8412 and subsection (c) of section 8425), law enforcement officers, members of the Supreme Court Police, firefighters, nuclear materials couriers, customs and border protection officers, air traffic controllers, military reserve technicians, and employees under sections 302 and 303 of the Central Intelligence Agency Retirement Act, multiplied by
(ii) the aggregate amount of basic pay payable by the agency, for the period involved, to employees and Members (under clause (i)) who are within such agency.
(2)(A) In determining any normal-cost percentage to be applied under this subsection, amounts provided for under section 8422 shall be taken into account.
(B)(i) Subject to clauses (ii) and (iii), for purposes of any period in any year beginning after December 31, 2013, the normal-cost percentage under this subsection shall be determined and applied as if section 401(b) of the Bipartisan Budget Act of 2013 had not been enacted.
(ii) Any contributions under this subsection in excess of the amounts which (but for clause (i)) would otherwise have been payable shall be applied toward reducing the unfunded liability of the Civil Service Retirement System.
(iii) After the unfunded liability of the Civil Service Retirement System has been eliminated, as determined by the Office, Government contributions under this subsection shall be determined and made disregarding this subparagraph.
(iv) The preceding provisions of this subparagraph shall be disregarded for purposes of determining the contributions payable by the United States Postal Service and the Postal Regulatory Commission.
(3) Contributions under this subsection shall be paid—
(A) in the case of law enforcement officers, members of the Supreme Court Police, firefighters, nuclear materials couriers, customs and border protection officers, air traffic controllers, military reserve technicians, and other employees, from the appropriation or fund used to pay such law enforcement officers, members of the Supreme Court Police, firefighters, nuclear materials couriers, customs and border protection officers, air traffic controllers, military reserve technicians, or other employees, respectively;
(B) in the case of elected officials, from an appropriation or fund available for payment of other salaries of the same office or establishment; and
(C) in the case of employees of the legislative branch paid by the Chief Administrative Officer of the House of Representatives, from the applicable accounts of the House of Representatives.
(4) A contribution to the Fund under this subsection shall be deposited under such procedures as the Comptroller General of the United States may prescribe.
(b)(1) The Office shall compute—
(A) the amount of the supplemental liability of the Fund with respect to individuals other than those to whom subparagraph (B) relates, and
(B) the amount of the supplemental liability of the Fund with respect to current or former employees of the United States Postal Service (and the Postal Regulatory Commission) and their survivors;
as of the close of each fiscal year beginning after September 30, 1987.
(2) The amount of any supplemental liability computed under paragraph (1)(A) or (1)(B) shall be amortized in 30 equal annual installments, with interest computed at the rate used in the most recent valuation of the System.
(3) At the end of each fiscal year, the Office shall notify—
(A) the Secretary of the Treasury of the amount of the installment computed under this subsection for such year with respect to individuals under paragraph (1)(A); and
(B) the Postmaster General of the United States of the amount of the installment computed under this subsection for such year with respect to individuals under paragraph (1)(B).
(4)(A) Before closing the accounts for a fiscal year, the Secretary of the Treasury shall credit to the Fund, as a Government contribution, out of any money in the Treasury of the United States not otherwise appropriated, the amount under paragraph (3)(A) for such year.
(B) Upon receiving notification under paragraph (3)(B), the United States Postal Service shall pay the amount specified in such notification to the Fund.
(5) For the purpose of carrying out paragraph (1) with respect to any fiscal year, the Office may—
(A) require the Board of Actuaries of the Civil Service Retirement System to make actuarial determinations and valuations, make recommendations, and maintain records in the same manner as provided in section 8347(f); and
(B) use the latest actuarial determinations and valuations made by such Board of Actuaries.
(c) Under regulations prescribed by the Office, the head of an agency may request reconsideration of any amount determined to be payable with respect to such agency under subsection (a) or (b). Any such request shall be referred to the Board of Actuaries of the Civil Service Retirement System. The Board of Actuaries shall review the computations of the Office and may make any adjustment with respect to any such amount which the Board determines appropriate. A determination by the Board of Actuaries under this subsection shall be final.
(Added
Editorial Notes
References in Text
Sections 302 and 303 of the Central Intelligence Agency Retirement Act, referred to in subsec. (a)(1)(B)(i), are classified to sections 2152 and 2153, respectively, of Title 50, War and National Defense.
Section 401(b) of the Bipartisan Budget Act of 2013, referred to in subsec. (a)(2)(B)(i), is section 401(b) of div. A of
Amendments
2019—Subsec. (a)(1)(B)(i).
2013—Subsec. (a)(2).
2007—Subsec. (a)(1)(B)(i), (3)(A).
2006—Subsec. (b)(1)(B).
2000—Subsec. (a).
1998—Subsec. (a)(1)(B)(i), (3)(A).
1996—Subsec. (a)(3)(C).
1992—Subsec. (a)(1)(B)(i).
Statutory Notes and Related Subsidiaries
Effective Date of 2007 Amendment; Transition Rules
Amendment by
Effective Date of 2000 Amendment
Amendment by
Effective Date of 1998 Amendment
Amendment by
Effective Date of 1992 Amendment
Amendment by
Transfer of Functions
Statutory functions, duties, or authority of Chief Administrative Officer of the House of Representatives or Secretary of the Senate as disbursing officers for the Capitol Police transferred to Chief of the Capitol Police, and references in any law or resolution before Feb. 20, 2003, to funds paid or disbursed by Chief Administrative Officer of the House of Representatives and Secretary of the Senate relating to pay and allowances of Capitol Police employees deemed to refer to Chief of the Capitol Police. See
§8424. Lump-sum benefits; designation of beneficiary; order of precedence
(a) Subject to subsection (b), an employee or Member who—
(1)(A) is separated from the service for at least 31 consecutive days; or
(B) is transferred to a position in which the individual is not subject to this chapter and remains in such a position for at least 31 consecutive days;
(2) files an application with the Office for payment of the lump-sum credit;
(3) is not reemployed in a position in which the individual is subject to this chapter at the time of filing the application; and
(4) will not become eligible to receive an annuity within 31 days after filing the application;
is entitled to be paid the lump-sum credit. Except as provided in section 8420a, payment of the lump-sum credit to an employee or Member voids all annuity rights under this subchapter, and subchapters IV and V of this chapter, based on the service on which the lump-sum credit is based, until the employee or Member is reemployed in the service subject to this chapter.
(b)(1)(A) Payment of the lump-sum credit under subsection (a) may be made only if the spouse, if any, and any former spouse of the employee or Member are notified of the employee or Member's application.
(B) The Office shall prescribe regulations under which the lump-sum credit shall not be paid without the consent of a spouse or former spouse of the employee or Member where the Office has received such additional information or documentation as the Office may require that—
(i) a court order bars payment of the lump-sum credit in order to preserve the court's ability to award an annuity under section 8445 or 8467; or
(ii) payment of the lump-sum credit would extinguish the entitlement of the spouse or former spouse, under a court order on file with the Office, to a survivor annuity under section 8445 or to any portion of an annuity under section 8467.
(2)(A) Notification of a spouse or former spouse under this subsection shall be made in accordance with such requirements as the Office shall by regulation prescribe.
(B) Under the regulations, the Office may provide that paragraph (1)(A) may be waived with respect to a spouse or former spouse if the employee or Member establishes to the satisfaction of the Office that the whereabouts of such spouse or former spouse cannot be determined.
(3) The Office shall prescribe regulations under which this subsection shall be applied in any case in which the Office receives two or more orders or decrees referred to in paragraph (1)(B)(i).
(c) Under regulations prescribed by the Office, an employee or Member, or a former employee or Member, may designate one or more beneficiaries under this section.
(d) Lump-sum benefits authorized by subsections (e) through (g) shall be paid to the individual or individuals surviving the employee or Member and alive at the date title to the payment arises in the following order of precedence, and the payment bars recovery by any other individual:
First, to the beneficiary or beneficiaries designated by the employee or Member in a signed and witnessed writing received in the Office before the death of such employee or Member. For this purpose, a designation, change, or cancellation of beneficiary in a will or other document not so executed and filed has no force or effect.
Second, if there is no designated beneficiary, to the widow or widower of the employee or Member.
Third, if none of the above, to the child or children of the employee or Member and descendants of deceased children by representation.
Fourth, if none of the above, to the parents of the employee or Member or the survivor of them.
Fifth, if none of the above, to the duly appointed executor or administrator of the estate of the employee or Member.
Sixth, if none of the above, to such other next of kin of the employee or Member as the Office determines to be entitled under the laws of the domicile of the employee or Member at the date of death of the employee or Member.
For the purpose of this subsection, "child" includes a natural child and an adopted child, but does not include a stepchild.
(e) If an employee or Member, or former employee or Member, dies—
(1) without a survivor, or
(2) with a survivor or survivors and the right of all survivors under subchapter IV terminates before a claim for survivor annuity under such subchapter is filed,
the lump-sum credit shall be paid.
(f) If all annuity rights under this chapter (other than under subchapter III of this chapter) based on the service of a deceased employee or Member terminate before the total annuity paid equals the lump-sum credit, the difference shall be paid.
(g) If an annuitant dies, annuity accrued and unpaid shall be paid.
(h) Annuity accrued and unpaid on the termination, except by death, of the annuity of an annuitant or survivor shall be paid to that individual. Annuity accrued and unpaid on the death of a survivor shall be paid in the following order of precedence, and the payment bars recovery by any other person:
First, to the duly appointed executor or administrator of the estate of the survivor.
Second, if there is no executor or administrator, payment may be made, after 30 days from the date of death of the survivor, to such next of kin of the survivor as the Office determines to be entitled under the laws of the domicile of the survivor at the date of death.
(Added
Editorial Notes
Amendments
2009—Subsec. (a).
2000—Subsec. (b)(1).
"(A) may be made only if any current spouse and any former spouse of the employee or Member are notified of the application by the employee or Member; and
"(B) in any case in which there is a former spouse, shall be subject to the terms of a court decree of divorce, annulment, or legal separation issued with respect to such former spouse if—
"(i) the decree expressly relates to any portion of the lump-sum credit involved; and
"(ii) payment of the lump-sum credit would affect any right or interest of the former spouse with respect to a survivor annuity under section 8445, or to any portion of an annuity under section 8467."
§8425. Mandatory separation
(a) An air traffic controller who is otherwise eligible for immediate retirement under section 8412(e) shall be separated from the service on the last day of the month in which that air traffic controller becomes 56 years of age or completes 20 years of service if then over that age. The Secretary, under such regulations as the Secretary may prescribe, may exempt a controller having exceptional skills and experience as a controller from the automatic separation provisions of this subsection until that controller becomes 61 years of age. The Secretary shall notify the controller in writing of the date of separation at least 60 days before that date. Action to separate the controller is not effective, without the consent of the controller, until the last day of the month in which the 60-day notice expires. For purposes of this subsection, the term "air traffic controller" or "controller" has the meaning given to it under section 8401(35)(A).
(b)(1) A law enforcement officer, firefighter, nuclear materials courier, or customs and border protection officer who is otherwise eligible for immediate retirement under section 8412(d)(1) shall be separated from the service on the last day of the month in which that law enforcement officer, firefighter, nuclear materials courier, or customs and border protection officer 1 as the case may be, becomes 57 years of age or completes 20 years of service if then over that age. If the head of the agency judges that the public interest so requires, that agency head may exempt such an employee from automatic separation under this subsection until that employee becomes 60 years of age. The employing office shall notify the employee in writing of the date of separation at least 60 days before that date. Action to separate the employee is not effective, without the consent of the employee, until the last day of the month in which the 60-day notice expires.
(2) 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 authority to grant exemptions in accordance with the preceding sentence shall cease to be available after December 31, 2011.
(c) A member of the Capitol Police who is otherwise eligible for immediate retirement under section 8412(d)(1) shall be separated from the service on the last day of the month in which such member becomes 57 years of age or completes 20 years of service if then over that age. The Capitol Police Board, when in its judgment the public interest so requires, may exempt such a member from automatic separation under this subsection until that member becomes 60 years of age. The Board shall notify the member in writing of the date of separation at least 60 days before that date. Action to separate the member is not effective, without the consent of the member, until the last day of the month in which the 60-day notice expires.
(d) A member of the Supreme Court Police who is otherwise eligible for immediate retirement under section 8412(d)(1) shall be separated from the service on the last day of the month in which such member becomes 57 years of age or completes 20 years of service if then over that age. The Marshal of the Supreme Court of the United States, when in his judgment the public interest so requires, may exempt such a member from automatic separation under this subsection until that member becomes 60 years of age. The Marshal shall notify the member in writing of the date of separation at least 60 days before the date. Action to separate the member is not effective, without the consent of the member, until the last day of the month in which the 60-day notice expires.
(e) The President, by Executive order, may exempt an employee (other than a member of the Capitol Police or Supreme Court Police) from automatic separation under this section if the President determines the public interest so requires.
(Added
Applicability of Amendment
For provisions relating to delayed applicability of amendment by
Editorial Notes
Amendments
2022—Subsecs. (b)(1), (c), (d).
2010—Subsec. (b)(2).
2007—Subsec. (b)(1).
2004—Subsec. (b).
Subsec. (b)(2).
2003—Subsec. (a).
2001—Subsec. (b).
2000—Subsec. (d).
Subsec. (e).
1998—Subsec. (b).
1994—Subsec. (b).
Subsecs. (c), (d).
1992—Subsec. (b).
1990—Subsec. (b).
Subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 2022 Amendment
Amendment by
Effective Date of 2007 Amendment; Transition Rules
Amendment by
Effective Date of 2003 Amendment
Amendment by
Effective Date of 2000 Amendment
Amendment by
Effective Date of 1998 Amendment
Amendment by
Effective Date of 1992 Amendment
Amendment by
Exception to Automatic Separation of Members of Capitol Police
1 So in original. Probably should be followed by a comma.
SUBCHAPTER III—THRIFT SAVINGS PLAN
§8431. Certain transfers to be treated as a separation
(a) For purposes of this subchapter, separation from Government employment includes a transfer from a position that is subject to one of the retirement systems described in subsection (b) to a position that is not subject to any of them.
(b) The retirement systems described in this subsection are—
(1) the retirement system under this chapter;
(2) the retirement system under subchapter III of
(3) any other retirement system under which individuals may contribute to the Thrift Savings Fund through withholdings from pay.
(Added
Editorial Notes
Prior Provisions
A prior section 8431, added
Statutory Notes and Related Subsidiaries
Effective Date
§8432. Contributions
(a)(1) An employee or Member may contribute to the Thrift Savings Fund in any pay period, pursuant to an election under subsection (b), an amount not to exceed the maximum percentage of such employee's or Member's basic pay for such pay period allowable under paragraph (2). Contributions under this subsection pursuant to such an election shall, with respect to each pay period for which such election remains in effect, be made in accordance with a program of regular contributions provided in regulations prescribed by the Executive Director.
(2) The maximum percentage allowable under this paragraph shall be determined in accordance with the following table:
| In the case of a pay period beginning in fiscal year: | The maximum percentage allowable is: |
|---|---|
| 2001 | 11 |
| 2002 | 12 |
| 2003 | 13 |
| 2004 | 14 |
| 2005 | 15 |
| 2006 or thereafter | 100. |
(3) Notwithstanding any limitation under this subsection, an eligible participant (as defined by section 414(v) of the Internal Revenue Code of 1986) may make such additional contributions to the Thrift Savings Fund as are permitted by such section 414(v) and regulations of the Executive Director consistent therewith.
(b)(1)(A)(i) The Executive Director shall prescribe regulations under which employees and Members may make contributions under subsection (a), to modify the amount to be contributed under such subsection, or to terminate such contributions.
(ii) An election to make contributions under this paragraph—
(I) may be made at any time;
(II) shall take effect on the earliest date after the election that is administratively feasible; and
(III) shall remain in effect until modified or terminated.
(B) The amount to be contributed pursuant to an election under subparagraph (A) shall be the percentage of basic pay or amount designated by the employee or Member.
(2)(A) The Executive Director shall by regulation provide for an eligible individual to be automatically enrolled to make contributions under subsection (a) at the default percentage of basic pay.
(B) For purposes of this paragraph, the default percentage shall be equal to 3 percent or such other percentage, not less than 2 percent nor more than 5 percent, as the Board may prescribe.
(C) The regulations shall include provisions under which any individual who would otherwise be automatically enrolled in accordance with subparagraph (A) may—
(i) modify the percentage or amount to be contributed pursuant to automatic enrollment, effective not later than the first full pay period following receipt of the election by the appropriate processing entity; or
(ii) decline automatic enrollment altogether.
(D)(i) Except as provided in clause (ii), for purposes of this paragraph, the term "eligible individual" means any individual who, after any regulations under subparagraph (A) first take effect, is appointed, transferred, or reappointed to a position in which that individual becomes eligible to contribute to the Thrift Savings Fund.
(ii) (ii) 1 Except in the case of a full TSP member (as defined in section 8440e(a)), members of the uniformed services shall not be eligible individuals for purposes of this paragraph.
(E) Sections 8351(a)(1), 8440a(a)(1), 8440b(a)(1), 8440c(a)(1), 8440d(a)(1), and 8440e(b)(1) shall be applied in a manner consistent with the purposes of this paragraph.
(F) Notwithstanding any other provision of this paragraph, if a full TSP member (as defined in section 8440e(a)) has declined automatic enrollment into the Thrift Savings Plan for a year, the full TSP member shall be automatically reenrolled on January 1 of the succeeding year, with contributions under subsection (a) at the default percentage of basic pay.
(c)(1)(A) At the time prescribed by the Executive Director, but no later than 12 days after the end of the pay period that includes the first date on which an employee or Member may make contributions under subsection (a) (without regard to whether the employee or Member has elected to make such contributions during such pay period), and within such time as the Executive Director may prescribe with respect to succeeding pay periods (but no later than 12 days after the end of each such pay period), the employing agency shall contribute to the Thrift Savings Fund for the benefit of such employee or Member the amount equal to 1 percent of the basic pay of such employee or Member for such pay period.
(B) In the case of each employee or Member who is an employee or Member on January 1, 1987, and continues as an employee or Member without a break in service through April 1, 1987, the employing agency shall contribute to the Thrift Savings Fund for the benefit of such employee or Member the amount equal to 1 percent of the total basic pay paid to such employee or Member for that period of service.
(C) If an employee or Member—
(i) is an employee or Member on January 1, 1987;
(ii) separates from Government employment before April 1, 1987; and
(iii) before separation, completes the number of years of civilian service applicable to such employee or Member under subparagraph (A) or (B) of subsection (g)(2),
the employing agency shall contribute to the Thrift Savings Fund for the benefit of such employee or Member the amount equal to 1 percent of the total basic pay paid to such employee or Member for service performed on or after January 1, 1987, and before the date of the separation.
(2)(A) In addition to contributions made under paragraph (1), the employing agency of an employee or Member who contributes to the Thrift Savings Fund under subsection (a) for any pay period shall make a contribution to the Thrift Savings Fund for the benefit of such employee or Member. The employing agency's contribution shall be made within such time as the Executive Director may prescribe, but no later than 12 days after the end of each such pay period.
(B) The amount contributed under subparagraph (A) by an employing agency with respect to a contribution of an employee or Member during any pay period shall be the amount equal to the sum of—
(i) such portion of the total amount of the employee's or Member's contribution as does not exceed 3 percent of such employee's or Member's basic pay for such period; and
(ii) one-half of such portion of the amount of the employee's or Member's contribution as exceeds 3 percent, but does not exceed 5 percent, of such employee's or Member's basic pay for such pay period.
(C) Notwithstanding subparagraph (B), the amount contributed under subparagraph (A) by an employing agency with respect to any contribution made by an employee or Member during any pay period which begins after the date on which such employee or Member makes an election under subsection (b)(4) 2 and before July 1, 1987, shall be the amount equal to the sum of—
(i) two times such portion of the total amount of the employee's or Member's contribution as does not exceed 3 percent of such employee's or Member's basic pay for such pay period; and
(ii) such portion of the total amount of the employee's or Member's contributions as exceeds 3 percent, but does not exceed 5 percent, of such employee's or Member's basic pay for such pay period.
(3)(A) There shall be contributed to the Thrift Savings Fund on behalf of each employee or Member described in subparagraph (B) the amount determined under subparagraph (C).
(B) An employee or Member referred to in subparagraph (A) is an employee or Member who—
(i) is an employee or Member on January 1, 1987;
(ii) has creditable service described in
(iii) has not received a refund of the amount of the retirement deductions made with respect to such service under section 204 of the Federal Employees' Retirement Contribution Temporary Adjustment Act of 1983.
(C) The amount referred to in subparagraph (A) in the case of an employee or Member is equal to the sum of—
(i) 1 percent of the total basic pay paid to such employee or Member for service described in
(ii) interest on such amount computed with respect to such service in the manner provided in paragraphs (2) and (3) of
(D) The Secretary of the Treasury shall credit to the Thrift Savings Fund, out of any sums in the Treasury not otherwise appropriated, the amounts determined by the Director to be necessary to carry out this paragraph.
(d) Notwithstanding any other provision of this section, no contribution may be made under this section for any year to the extent that such contribution, when added to prior contributions for such year, exceeds any limitation under section 415 of the Internal Revenue Code of 1986. However, no contribution made under subsection (c)(3) shall be subject to, or taken into account, for purposes of the preceding sentence.
(e) The sums required to be contributed to the Thrift Savings Fund by an employing agency under subsection (c) for the benefit of an employee or Member shall be paid from the appropriation or fund available to such agency for payment of salaries of the employee's or Member's office or establishment. When an employee or Member in the legislative branch is paid by the Chief Administrative Officer of the House of Representatives, the Chief Administrative Officer may pay from the applicable accounts of the House of Representatives the contribution that otherwise would be contributed from the appropriation or fund used to pay the employee or Member.
(f) Amounts contributed by an employee or Member under subsection (a) and amounts contributed with respect to such employee or Member under subsection (c) shall be deposited in the Thrift Savings Fund to the credit of that employee's or Member's account in accordance with such procedures as the Secretary of the Treasury may, in consultation with the Executive Director, prescribe in regulations.
(g)(1) Except as otherwise provided in this subsection, all contributions made under this section shall be fully nonforfeitable when made.
(2) Contributions made for the benefit of an employee under subsection (c)(1) and all earnings attributable to such contributions shall be forfeited if the employee separates from Government employment before completing—
(A) 2 years of civilian service in the case of an employee who, at the time of separation, is serving in—
(i) a position in the Senior Executive Service as a noncareer appointee (as defined in
(ii) a position listed in
(iii) a position in the Executive branch which is excepted from the competitive service by the Office by reason of the confidential and policy-determining character of the position;
(B) 3 years of civilian service in the case of an employee who is not serving in a position described in subparagraph (A) at the time of separation; or
(C) 2 years of service in the case of a member of the uniformed services.
(3) Contributions made for the benefit of a Member or Congressional employee under subsection (c)(1) and all earnings attributable to such contributions shall be forfeited if the Member or Congressional employee separates from Government employment before completing 2 years of civilian service.
(4) Nothing in paragraph (2) or (3) shall cause the forfeiture of any contributions made for the benefit of an employee, Member, or Congressional employee under subsection (c)(1), or any earnings attributable thereto, if such employee, Member, or Congressional employee is not separated from Government employment as of date of death.
(5) Notwithstanding any other provision of law, contributions made by the Government for the benefit of an employee or Member under subsection (c), and all earnings attributable to such contributions, shall be forfeited if the annuity of the employee or Member, or that of a survivor or beneficiary, is forfeited under subchapter II of
(h) No transfers or contributions may be made to the Thrift Savings Fund except as provided in this chapter or
(i)(1) This subsection applies to any employee—
(A) to whom section 8432b applies; and
(B) who, during the period of such employee's absence from civilian service (as referred to in section 8432b(b)(2)(B))—
(i) is eligible to make an election described in subsection (b)(1); or
(ii) would be so eligible but for having either elected to terminate individual contributions to the Thrift Savings Fund within 2 months before commencing military service or separated in order to perform military service.
(2) The Executive Director shall prescribe regulations to ensure that any employee to whom this subsection applies shall, within a reasonable time after being restored or reemployed (in the manner described in section 8432b(a)(2)), be afforded the opportunity to make, for purposes of this section, any election which would be allowable during a period described in subsection (b)(1)(A).
(j)(1) For the purpose of this subsection—
(A) the term "eligible rollover distribution" has the meaning given such term by section 402(c)(4) of the Internal Revenue Code of 1986; and
(B) the term "qualified trust" has the meaning given such term by section 402(c)(8) of the Internal Revenue Code of 1986.
(2) An employee or Member may contribute to the Thrift Savings Fund an eligible rollover that a qualified trust could accept under the Internal Revenue Code of 1986. A contribution made under this subsection shall be made in the form described in section 401(a)(31) of the Internal Revenue Code of 1986. In the case of an eligible rollover distribution, the maximum amount transferred to the Thrift Savings Fund shall not exceed the amount which would otherwise have been included in the employee's or Member's gross income for Federal income tax purposes.
(3) The Executive Director shall prescribe regulations to carry out this subsection.
(k)(1) Only those employees of the Central Intelligence Agency participating in the pilot project required by section 402(b) of the Intelligence Authorization Act for Fiscal Year 2003 (
(2) Contributions under this subsection are subject to subsection (d).
(3) For purposes of subsection (c), basic pay of an employee of the Central Intelligence Agency participating in the pilot project referred to in paragraph (1) shall include bonus pay received by the employee as part of the pilot project.
(Added
Editorial Notes
References in Text
The Internal Revenue Code of 1986, referred to in subsecs. (a)(3), (d), and (j), is classified generally to Title 26, Internal Revenue Code.
Subsection (b)(4), referred to in subsec. (c)(2)(C), was repealed by section 102(a) of
Section 204 of the Federal Employees' Retirement Contribution Temporary Adjustment Act of 1983 [
The Intelligence Authorization Act for Fiscal Year 2003, referred to in subsec. (k)(1), is
Amendments
2016—Subsec. (g)(6).
2015—Subsec. (b)(2)(D)(ii).
Subsec. (b)(2)(E).
Subsec. (b)(2)(F).
Subsec. (g)(2)(C).
Subsec. (g)(6).
2009—Subsec. (b)(1)(B).
Subsec. (b)(2) to (4).
2004—Subsec. (b)(1)(A).
Subsec. (b)(2)(A), (C).
Subsec. (b)(2)(D).
Subsec. (b)(4)(C).
2003—Subsec. (k).
2002—Subsec. (a)(3).
2000—Subsec. (a).
Subsec. (b)(1)(B).
Subsec. (b)(3).
Subsec. (b)(4).
"(A) Notwithstanding paragraph (2)(A), an employee or Member who is an employee or Member on January 1, 1987, and continues as an employee or Member without a break in service through April 1, 1987, may make the first election for the purpose of subsection (a) during the election period prescribed for such purpose by the Executive Director. The Executive Director shall prescribe an election period for such purpose which shall commence on April 1, 1987. An election by such an employee or Member during that election period shall be effective on the first day of the employee's or Member's first pay period which begins after the date on which the employee or Member makes that election.
"(B) Notwithstanding subsection (a), the maximum amount that an employee or Member may contribute during any pay period which begins on or after April 1, 1987, and before October 1, 1987, pursuant to an election made during the election period provided under subparagraph (A) is the amount equal to 15 percent of such individual's basic pay for such pay period."
Subsec. (j).
1996—Subsec. (e).
Subsec. (f).
Subsec. (g)(5).
1994—Subsec. (d).
Subsec. (i).
1988—Subsec. (c)(1)(A).
Subsec. (c)(2)(A).
Subsec. (d).
Subsec. (g)(1).
Subsec. (g)(4).
1987—Subsec. (b)(4)(A).
1986—Subsec. (b)(4).
Subsec. (c)(1).
Subsec. (c)(2)(C).
Statutory Notes and Related Subsidiaries
Effective Date of 2016 Amendment
Effective Date of 2015 Amendment; Implementation
"(a)
"(b)
"(1)
"(2)
"(c)
"(d)
"(1) The term 'appropriate committees of Congress' means—
"(A) the Committee on Armed Services, the Committee on Energy and Commerce, the Committee on Natural Resources, the Committee on Oversight and Government Reform [now Committee on Oversight and Accountability], and the Committee on Transportation and Infrastructure of the House of Representatives; and
"(B) the Committee on Armed Services, the Committee on Commerce, Science, and Transportation, the Committee on Energy and Natural Resources, the Committee on Homeland Security and Governmental Affairs, and the Committee on Health, Education, Labor, and Pensions of the Senate.
"(2) The term 'Secretary concerned' has the meaning given that term in
Effective Date of 2002 Amendment
Amendment by
Effective Date of 2000 Amendment
Effective Date of 1996 Amendment
Effective Date of 1994 Amendment
Amendment by section 4(c) of
Amendment by section 5(e)(3) of
Effective Date of 1986 Amendment
Regulations
Savings Provisions
Eligibility of Certain Individuals To Participate in Thrift Savings Plan
"(a)
"(1) the term 'Executive Director' means the Executive Director under
"(2) the term 'Thrift Savings Plan' refers to the program under subchapter III of
"(b)
"(1)
"(2)
"(A) in computing a percentage of basic pay to determine an amount to be contributed to the Thrift Savings Fund, the rate of basic pay to be used shall be the same as that used in computing any amount which the individual involved is otherwise required, as a condition for participating in the Civil Service Retirement System or the Federal Employees' Retirement System (as the case may be), to contribute to the Civil Service Retirement and Disability Fund; and
"(B) an employing authority which would not otherwise make contributions to the Thrift Savings Fund shall be allowed, with respect to any individual under subsection (c) who is serving under such authority, and at the sole discretion of such authority, to make any contributions on behalf of such individual which would be permitted or required under the provisions of
"(c)
"(1) any individual participating in the Civil Service Retirement System or the Federal Employees' Retirement System as—
"(A) an individual who has entered on approved leave without pay to serve as a full-time officer or employee of an organization composed primarily of employees (as defined by
"(B) an individual assigned from a Federal agency to a State or local government under subchapter VI of
"(C) an individual appointed or otherwise assigned to one of the cooperative extension services, as defined by section 1404 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (
"(D) an individual assigned from a Federal agency to a private sector organization under
"(2) any individual who is participating in the Civil Service Retirement System as a result of a provision of law described in section 8347(o).
"(d)
"(1)
"(2)
Contributions to Thrift Savings Fund
Inapplicability of Limitation on Number of Elections Within a Six-Month Period
Plan for Delayed Contributions to Thrift Savings Fund
2 See References in Text note below.
§8432a. Payment of lost earnings
(a)(1) The Executive Director shall prescribe regulations under which an employing agency shall be required to pay to the Thrift Savings Fund amounts representing lost earnings resulting from errors (including errors of omission) made by such agency in carrying out this subchapter, subject to paragraph (2).
(2) If the error involves an employing agency's failure to deduct from basic pay contributions (in whole or in part) on behalf of an individual in accordance with section 8432(a), the regulations shall not provide for the payment of any lost earnings which would be attributable to—
(A) the contributions that the agency failed to deduct from basic pay in accordance with section 8432(a); or
(B) any related contributions under section 8432(c)(2) that the employing agency is not required (by statute or otherwise) to make up.
(b) The regulations—
(1) shall include—
(A) procedures for computing lost earnings; and
(B) procedures under which amounts paid to the Thrift Savings Fund under this section shall be credited to appropriate accounts;
(2) may provide for exceptions from the requirements of this section to the extent that correction of an error is not administratively feasible;
(3) may require an employing agency to reimburse the Thrift Savings Fund for costs incurred by the Thrift Savings Fund in implementing corrections of employing agency errors under this section; and
(4) may include such other provisions as the Executive Director determines appropriate to carry out this section.
(c) Any amounts required to be paid by an employing agency under this section shall be paid from the appropriation or fund available to the employing agency for payment of salaries of the participant's office or establishment. If a participant in the legislative branch is paid by the Chief Administrative Officer of the House of Representatives, the Chief Administrative Officer may pay from the applicable accounts of the House of Representatives the amount required to be paid to correct errors relating to the Thrift Savings Fund that otherwise would be paid from the appropriation or fund used to pay the participant.
(Added
Editorial Notes
Amendments
1996—Subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date
§8432b. Contributions of persons who perform military service
(a) This section applies to any employee who—
(1) separates or enters leave-without-pay status in order to perform military service; and
(2) is subsequently restored to or reemployed in a position which is subject to this chapter, pursuant to
(b)(1) Each employee to whom this section applies may contribute to the Thrift Savings Fund, in accordance with this subsection, an amount not to exceed the amount described in paragraph (2).
(2) The maximum amount which an employee may contribute under this subsection is equal to—
(A) the contributions under section 8432(a) which would have been made, over the period beginning on date of separation or commencement of leave-without-pay status (as applicable) and ending on the day before the date of restoration or reemployment (as applicable); reduced by
(B) any contributions under section 8432(a) or 8440e actually made by such employee over the period described in subparagraph (A).
(3) Contributions under this subsection—
(A) shall be made at the same time and in the same manner as would any contributions under section 8432(a);
(B) shall be made over the period of time specified by the employee under paragraph (4)(B); and
(C) shall be in addition to any contributions then actually being made under section 8432(a).
(4) The Executive Director shall prescribe the time, form, and manner in which an employee may specify—
(A) the total amount such employee wishes to contribute under this subsection with respect to any particular period referred to in paragraph (2)(B); and
(B) the period of time over which the employee wishes to make contributions under this subsection.
The employing agency may place a maximum limit on the period of time referred to in subparagraph (B), which cannot be shorter than two times the period referred to in paragraph (2)(B) and not longer than four times such period.
(c)(1) If an employee makes contributions under subsection (b), the employing agency shall make contributions to the Thrift Savings Fund on such employee's behalf—
(A) in the same manner as would be required under section 8432(c)(2) if the employee contributions were being made under section 8432(a); and
(B) disregarding any contributions then actually being made under section 8432(a) and any agency contributions relating thereto.
(2) An employee to whom this section applies is entitled to have contributed to the Thrift Savings Fund on such employee's behalf an amount equal to—
(A) the total contributions to which that individual would have been entitled under section 8432(c)(2), based on the amounts contributed by such individual under section 8440e (other than under subsection (d)(2) thereof) with respect to the period referred to in subsection (b)(2)(B), if those amounts had been contributed by such individual under section 8432(a); reduced by
(B) any contributions actually made on such employee's behalf under section 8432(c)(2) with respect to the period referred to in subsection (b)(2)(B).
(d) An employee to whom this section applies is entitled to have contributed to the Thrift Savings Fund on such employee's behalf an amount equal to—
(1) 1 percent of such employee's basic pay (as determined under subsection (e)) for the period referred to in subsection (b)(2)(B); reduced by
(2) any contributions actually made on such employee's behalf under section 8432(c)(1) with respect to the period referred to in subsection (b)(2)(B).
(e) For purposes of any computation under this section, an employee shall, with respect to the period referred to in subsection (b)(2)(B), be considered to have been paid at the rate which would have been payable over such period had such employee remained continuously employed in the position which such employee last held before separating or entering leave-without-pay status to perform military service.
(f)(1) The employing agency may be required to pay lost earnings on contributions made pursuant to subsections (c) and (d). Such earnings, if required, shall be calculated retroactively to the date the contribution would have been made had the employee not separated or entered leave without pay status to perform military service.
(2) Procedures for calculating and crediting the earnings payable pursuant to paragraph (1) shall be prescribed by the Executive Director.
(g) Amounts paid under subsection (c), (d), or (f) shall be paid—
(1) by the agency to which the employee is restored or in which such employee is reemployed;
(2) from the same source as would be the case under section 8432(e) with respect to sums required under section 8432(c); and
(3) within the time prescribed by the Executive Director.
(h)(1) For purposes of section 8432(g), in the case of an employee to whom this section applies—
(A) a separation from civilian service in order to perform the military service on which the employee's restoration or reemployment rights are based shall be disregarded; and
(B) such employee shall be credited with a period of civilian service equal to the period referred to in subsection (b)(2)(B).
(2)(A) An employee to whom this section applies may elect, for purposes of subsection (d) or (f) of section 8433, as the case may be, to have such employee's separation (described in subsection (a)(1)) treated as if it had never occurred.
(B) An election under this paragraph shall be made within such period of time after restoration or reemployment (as the case may be) and otherwise in such manner as the Executive Director prescribes.
(i) The Executive Director shall prescribe regulations to carry out this section.
(Added
Editorial Notes
Amendments
2017—Subsec. (h)(2)(A).
2015—Subsec. (c)(2)(B).
1999—Subsec. (b)(2)(B).
Subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 2017 Amendment
Effective Date of 2015 Amendment; Implementation
Amendment by
Effective Date of 1999 Amendment
Amendment by
Effective Date
"(e)
"(1) shall take effect on the date of enactment of this Act [Oct. 13, 1994]; and
"(2) shall apply to any employee whose release from military service, discharge from hospitalization, or other similar event making the individual eligible to seek restoration or reemployment under
"(f)
"(1) The employee shall be deemed not to have been reemployed or restored until—
"(A) the date of enactment of this Act, or
"(B) the first day following such employee's reemployment or restoration on which such employee is or was eligible to make an election relating to contributions to the Thrift Savings Fund,
whichever occurs or occurred first.
"(2) If the employee changed agencies during the period between the date of actual reemployment or restoration and the date of enactment of this Act, the employing agency as of such date of enactment shall be considered the reemploying or restoring agency.
"(3)(A) For purposes of any computation under section 8432b of such title, pay shall be determined in accordance with subsection (e) of such section, except that, with respect to the period described in subparagraph (B), actual pay attributable to such period shall be used.
"(B) The period described in this subparagraph is the period beginning on the first day of the first applicable pay period beginning on or after the date of the employee's actual reemployment or restoration and ending on the day before the date determined under paragraph (1).
"(4) Deem section 8432b(b)(2)(A) of such title to be amended by striking 'ending on the day before the date of restoration or reemployment (as applicable)' and inserting 'ending on the date determined under section 4(f)(1) of the Uniformed Services Employment and Reemployment Rights Act of 1994'."
§8432c. Contributions of certain persons reemployed after service with international organizations
(a) In this section, the term "covered person" means any person who—
(1) transfers from a position of employment covered by
(2) pursuant to section 3582 elects to retain coverage, rights, and benefits under any system established by law for the retirement of persons during the period of employment with the international organization and currently deposits the necessary deductions in payment for such coverage, rights, and benefits in the system's fund; and
(3) is reemployed pursuant to section 3582(b) to a position covered by
(b)(1) Each covered person may contribute to the Thrift Savings Fund, in accordance with this subsection, an amount not to exceed the amount described in paragraph (2).
(2) The maximum amount which a covered person may contribute under paragraph (1) is equal to—
(A) the total amount of all contributions under section 8351(b)(2) or 8432(a), as applicable, which the person would have made over the period beginning on the date of transfer of the person (as described in subsection (a)(1)) and ending on the day before the date of reemployment of the person (as described in subsection (a)(3)), minus
(B) the total amount of all contributions, if any, under section 8351(b)(2) or 8432(a), as applicable, actually made by the person over the period described in subparagraph (A).
(3) Contributions under paragraph (1)—
(A) shall be made at the same time and in the same manner as would any contributions under section 8351(b)(2) or 8432(a), as applicable;
(B) shall be made over the period of time specified by the person under paragraph (4)(B); and
(C) shall be in addition to any contributions actually being made by the person during that period under section 8351(b)(2) or 8432(a), as applicable.
(4) The Executive Director shall prescribe the time, form, and manner in which a covered person may specify—
(A) the total amount the person wishes to contribute with respect to any period described in paragraph (2)(A); and
(B) the period of time over which the covered person wishes to make contributions under this subsection.
(c) If a covered person who makes contributions under section 8432(a) makes contributions under subsection (b), the agency employing the person shall make those contributions to the Thrift Savings Fund on the person's behalf in the same manner as contributions are made for an employee described in section 8432b(a) under sections 8432b(c), 8432b(d), and 8432b(f). Amounts paid under this subsection shall be paid in the same manner as amounts are paid under section 8432b(g).
(d) For purposes of any computation under this section, a covered person shall, with respect to the period described in subsection (b)(2)(A), be considered to have been paid at the rate which would have been payable over such period had the person remained continuously employed in the position that the person last held before transferring to the international organization.
(e) For purposes of section 8432(g), a covered person shall be credited with a period of civilian service equal to the period beginning on the date of transfer of the person (as described in subsection (a)(1)) and ending on the day before the date of reemployment of the person (as described in subsection (a)(3)).
(f) The Executive Director shall prescribe regulations to carry out this section.
(Added
Editorial Notes
References in Text
The Foreign Service Act of 1980, referred to in subsec. (a)(1), (3), is
Statutory Notes and Related Subsidiaries
Effective Date
1 See References in Text note below.
§8432d. Qualified Roth contribution program
(a)
(1) the term "qualified Roth contribution program" means a program described in paragraph (1) of section 402A(b) of the Internal Revenue Code of 1986 which meets the requirements of paragraph (2) of such section; and
(2) the terms "designated Roth contribution" and "elective deferral" have the meanings given such terms in section 402A of the Internal Revenue Code of 1986.
(b)
(c)
(1) provisions under which an election to make designated Roth contributions may be made—
(A) by any individual who is eligible to make contributions under section 8351, 8432(a), 8440a, 8440b, 8440c, 8440d, or 8440e; and
(B) by any individual, not described in subparagraph (A), who is otherwise eligible to make elective deferrals under the Thrift Savings Plan;
(2) any provisions which may, as a result of enactment of this section, be necessary in order to clarify the meaning of any reference to an "account" made in section 8432(f), 8433, 8434(d), 8435, 8437, or any other provision of law; and
(3) any other provisions which may be necessary to carry out this section.
(Added
Editorial Notes
References in Text
Section 402A of the Internal Revenue Code of 1986, referred to in subsec. (a), is classified to
§8433. Benefits and election of benefits
(a) An employee or Member who separates from Government employment is entitled to the amount of the balance in the employee's or Member's account (except for the portion of such amount forfeited under
(b) Subject to
(1) an annuity;
(2) a single payment;
(3) 2 or more substantially equal payments to be made not less frequently than annually; or
(4) any combination of payments as provided under paragraphs (1) through (3) as the Executive Director may prescribe by regulation.
(c)(1) In addition to the right provided under subsection (b) to withdraw the balance of the account, an employee or Member who separates from Government service may make one or more withdrawals of any amount in the same manner as a single payment is made in accordance with subsection (b)(2) from the employee's or Member's account.
(2) An employee or Member may request that the amount withdrawn from the Thrift Savings Fund in accordance with subsection (b)(2) be transferred to an eligible retirement plan.
(3) The Executive Director shall make each transfer elected under paragraph (2) directly to an eligible retirement plan or plans (as defined in section 402(c)(8) of the Internal Revenue Code of 1986) identified by the employee, Member, former employee, or former Member for whom the transfer is made.
(4) A transfer may not be made for an employee, Member, former employee, or former Member under paragraph (2) until the Executive Director receives from that individual the information required by the Executive Director specifically to identify the eligible retirement plan or plans to which the transfer is to be made.
(5) Withdrawals under this subsection shall be subject to such other limitations or conditions as the Executive Director may prescribe by regulation.
(d)(1) Subject to paragraph (2) and subsections (a) and (c) of
(2) A former employee or Member may not return a payment that was made pursuant to an election under this section.
(e)(1) If an employee or Member (or former employee or Member) dies without having made an election under this section or after having elected an annuity under this section but before making an election under
(2) Notwithstanding section 8424(d), if an employee, Member, former employee, or former Member dies and has designated as sole or partial beneficiary his or her spouse at the time of death, or, if an employee, Member, former employee, or former Member, dies with no designated beneficiary and is survived by a spouse, the spouse may maintain the portion of the employee's or Member's account to which the spouse is entitled in accordance with the following terms:
(A) Subject to the limitations of subparagraph (B), the spouse shall have the same withdrawal options under subsection (b) as the employee or Member were the employee or Member living.
(B) The spouse may not make withdrawals under subsection (g) or (h).
(C) The spouse may not make contributions or transfers to the account.
(D) The account shall be disbursed upon the death of the surviving spouse. A beneficiary or surviving spouse of a deceased spouse who has inherited an account is ineligible to maintain the inherited spousal account.
(3) The Executive Director shall prescribe regulations to carry out this subsection.
(f) Notwithstanding subsection (b), if an employee or Member separates from Government employment, and such employee's or Member's nonforfeitable account balance is less than an amount that the Executive Director prescribes by regulation, the Executive Director shall pay the nonforfeitable account balance to the participant in a single payment, unless an election under section 8432b(h)(2) is made to treat such separation for purposes of this subsection as if it had never occurred.
(g)(1) At any time before separation, an employee or Member may apply to the Board for permission to borrow from the employee's or Member's account an amount not exceeding the value of that portion of such account which is attributable to contributions made by the employee or Member. Before a loan is issued, the Executive Director shall provide in writing the employee or Member with appropriate information concerning the cost of the loan relative to other sources of financing, as well as the lifetime cost of the loan, including the difference in interest rates between the funds offered by the Thrift Savings Fund, and any other effect of such loan on the employee's or Member's final account balance.
(2) Loans under this subsection shall be available to all employees and Members on a reasonably equivalent basis, and shall be subject to such other conditions as the Board may by regulation prescribe. The restrictions of
(3) A loan may not be made under this subsection to the extent that the loan would be treated as a taxable distribution under section 72(p) of the Internal Revenue Code of 1986.
(4) A loan may not be made under this subsection unless the requirements of
(h)(1) An employee or Member may apply, before separation, to the Board for permission to withdraw an amount from the employee's or Member's account based upon—
(A) the employee or Member having attained age 59½; or
(B) financial hardship.
(2) A withdrawal under paragraph (1)(B) shall be available only for an amount not exceeding the value of that portion of such account which is attributable to contributions made by the employee or Member.
(3) Withdrawals under paragraph (1) shall be subject to such other limitations or conditions as the Executive Director may prescribe by regulation.
(4) A withdrawal may not be made under this subsection unless the requirements of
(Added
Editorial Notes
References in Text
Sections 72(p) and 402(c)(8) of the Internal Revenue Code of 1986, referred to in subsecs. (c)(3) and (g)(3), are classified to sections 72(p) and 402(c)(8), respectively, of Title 26, Internal Revenue Code.
Amendments
2017—Subsec. (c)(1).
Subsec. (c)(5).
Subsec. (d)(1).
Subsec. (d)(2).
Subsec. (f).
"(A) the employee, Member, former employee, or former Member becomes 70½ years of age; or
"(B) the employee, Member, former employee, or former Member separates from Government employment."
Subsec. (h)(2).
Subsec. (h)(3).
Subsec. (h)(4), (5).
2009—Subsec. (e).
2004—Subsec. (d)(1).
1999—Subsecs. (g)(1), (h)(3).
1996—Subsec. (b).
"(1) to receive an immediate annuity from the Thrift Savings Fund;
"(2) to defer the commencement of the payment of an annuity from the Thrift Savings Fund until such date as the employee or Member specifies, but not later than April 1 of the year following the year in which the employee or Member becomes 70½ years of age;
"(3) to withdraw the amount of the balance in the employee's or Member's account in the Thrift Savings Fund in one or more substantially equal payments to be made not less frequently than annually and to commence before April 1 of the year following the year in which the employee or Member becomes 70½ years of age; or
"(4) to transfer the amount of the balance in the employee's or Member's account to an eligible retirement plan as provided in subsection (c)."
Subsec. (c).
"(1) The Executive Director shall make each transfer elected under subsection (b)(4) directly to an eligible retirement plan or plans (as defined in section 402(c)(8) of the Internal Revenue Code of 1986) identified by the employee, Member, former employee, or former Member for whom the transfer is made.
"(2) A transfer may not be made for an employee, Member, former employee, or former Member under paragraph (1) until the Executive Director receives from that individual the information required by the Executive Director specifically to identify the eligible retirement plan or plans to which the transfer is to be made."
Subsec. (d)(1).
Subsec. (d)(2).
Subsec. (d)(3).
Subsec. (f)(1).
Subsec. (f)(2).
Subsec. (g)(1).
Subsec. (g)(2) to (5).
"(A) the purchase of a primary residence;
"(B) educational expenses;
"(C) medical expenses; or
"(D) financial hardship."
Subsec. (h).
1994—Subsec. (b).
Subsec. (b)(4).
Subsec. (c).
Subsec. (c)(1).
Subsec. (d).
Subsec. (d)(1).
Subsec. (d)(2).
Subsec. (e).
Subsec. (f).
Subsec. (f)(1).
Subsec. (f)(2).
Subsec. (f)(3).
Subsec. (g).
Subsec. (g)(5).
Subsec. (h).
Subsec. (h)(1), (2).
Subsec. (i).
Subsec. (i)(4).
1992—Subsec. (b).
1990—Subsec. (f)(3)(A).
Subsec. (f)(3)(B).
Subsec. (h).
"(1) the employee, Member, former employee, or former Member becomes 65 years of age;
"(2) occurs the tenth anniversary of the year in which the employee, Member, former employee, or former Member became subject to this subchapter; or
"(3) the employee, Member, former employee, or former Member separates from Government employment."
1988—Subsec. (i)(3).
Statutory Notes and Related Subsidiaries
Effective Date of 2017 Amendment
Amendment by
Effective Date of 1999 Amendment
Amendment by
Effective Date of 1996 Amendment
Amendment by
Effective Date of 1994 Amendments
Amendment by section 4(b) of
Amendment by section 5(e)(4) of
Amendment by
Effective Date of 1992 Amendment
Amendment by
Effective Date of 1990 Amendment
Amendment by section 6(a)(2) of
Regulations
[Regulations referred to by section 2(f) of
Invalidity of Certain Prior Elections
§8434. Annuities: methods of payment; election; purchase
(a)(1) The Board shall prescribe methods of payment of annuities under this subchapter.
(2) The methods of payment prescribed under paragraph (1) shall include, but not be limited to—
(A) a method which provides for the payment of a monthly annuity only to an annuitant during the life of the annuitant;
(B) a method which provides for the payment of a monthly annuity to an annuitant for the joint lives of the annuitant and the spouse of the annuitant and an appropriate monthly annuity to the one of them who survives the other of them for the life of the survivor;
(C) a method described in subparagraph (A) which provides for automatic adjustments in the amount of the annuity payable so long as the amount of the annuity payable in any one year shall not be less than the amount payable in the previous year;
(D) a method described in subparagraph (B) which provides for automatic adjustments in the amount of the annuity payable so long as the amount of the annuity payable in any one year shall not be less than the amount payable in the previous year; and
(E) a method which provides for the payment of a monthly annuity—
(i) to the annuitant for the joint lives of the annuitant and an individual who is designated by the annuitant under regulations prescribed by the Executive Director and (I) is a former spouse of the annuitant, or (II) has an insurable interest in the annuitant; and
(ii) to the one of them who survives the other of them for the life of the survivor.
(b) Subject to
(c) Notwithstanding the elimination of a method of payment by the Board, an employee, Member, former employee, or former Member may elect the eliminated method if the elimination of such method becomes effective less than 5 years before the date on which that individual's annuity commences.
(d)(1) Not earlier than 90 days (or such shorter period as the Executive Director may by regulation prescribe) before an annuity is to commence under this subchapter, the Executive Director shall expend the balance in the annuitant's account to purchase an annuity contract from any entity which, in the normal course of its business, sells and provides annuities.
(2) The Executive Director shall assure, by contract entered into with each entity from which an annuity contract is purchased under paragraph (1), that the annuity shall be provided in accordance with the provisions of this subchapter and subchapter VII of this chapter.
(3) An annuity contract purchased under paragraph (1) shall include such terms and conditions as the Executive Director requires for the protection of the annuitant.
(4) The Executive Director shall require, from each entity from which an annuity contract is purchased under paragraph (1), a bond or proof of financial responsibility sufficient to protect the annuitant.
(e)(1) No tax, fee, or other monetary payment may be imposed or collected by any State, the District of Columbia, or the Commonwealth of Puerto Rico, or by any political subdivision or other governmental authority thereof, on, or with respect to, any amount paid to purchase an annuity contract under this section.
(2) Paragraph (1) shall not be construed to exempt any company or other entity issuing an annuity contract under this section from the imposition, payment, or collection of a tax, fee, or other monetary payment on the net income or profit accruing to or realized by that entity from the sale of an annuity contract under this section if that tax, fee, or payment is applicable to a broad range of business activity.
(Added
Editorial Notes
Amendments
1994—Subsec. (b).
Subsec. (c).
"(1) an employee, Member, former employee, or former Member who is entitled under
"(2) any other employee, Member, former employee, or former Member may elect such method of payment for amounts contributed by or on behalf of the employee, Member, former employee, or former Member under
1990—Subsec. (b).
Subsec. (d)(1).
Subsec. (e).
1988—Subsec. (a)(2)(C), (D).
"(C) a method described in subparagraph (A) which provides annual increases in the amount of the annuity payable;
"(D) a method described in subparagraph (B) which provides annual increases in the amount of the annuity payable; and".
Statutory Notes and Related Subsidiaries
Effective Date of 1994 Amendment
Amendment by
Effective Date of 1990 Amendment
Amendment by section 5(b) of
§8435. Protections for spouses and former spouses
(a)(1)(A) A married employee or Member (or former employee or Member) may withdraw all or part of a Thrift Savings Fund account under subsection (b)(2), (3), or (4) of
(B) An employee or Member (or former employee or Member) may make an election or change referred to in subparagraph (A) if the employee or Member and the employee's or Member's spouse (or the former employee or Member and the former employee's or Member's spouse) jointly waive, by written election, any right which the spouse may have to a survivor annuity with respect to such employee or Member (or former employee or Member) under
(2) Paragraph (1) shall not apply to an election or change of election by an employee or Member (or former employee or Member) who establishes to the satisfaction of the Executive Director (at the time of the election or change and in accordance with regulations prescribed by the Executive Director)—
(A) that the spouse's whereabouts cannot be determined; or
(B) that, due to exceptional circumstances, requiring the spouse's waiver would otherwise be inappropriate.
(b)(1) Notwithstanding any election under subsection (b) of
(2) Paragraph (1) shall not apply if—
(A) a joint waiver of such method is made, in writing, by the employee or Member and the spouse; or
(B) the employee or Member waives such method, in writing, after establishing to the satisfaction of the Executive Director that circumstances described under subsection (a)(2)(A) or (B) make the requirement of a joint waiver inappropriate.
(c)(1) An election or change of election shall not be effective under this subchapter to the extent that the election, change, or transfer conflicts with any court decree, order, or agreement described in paragraph (2).
(2) A court decree, order, or agreement referred to in paragraph (1) is, with respect to an employee or Member (or former employee or Member), a court decree of divorce, annulment, or legal separation issued in the case of such employee or Member (or former employee or Member) and any former spouse of the employee or Member (or former employee or Member) or any court order or court-approved property settlement agreement incident to such decree if—
(A) the decree, order, or agreement expressly relates to any portion of the balance in the employee's or Member's (or former employee's or Member's) account; and
(B) notice of the decree, order, or agreement was received by the Executive Director before—
(i) the date on which payment is made, or
(ii) in the case of an annuity, the date on which an annuity contract is purchased to provide for the annuity,
in accordance with the election, change, or contribution referred to in paragraph (1).
(3) The Executive Director shall prescribe regulations under which this subsection shall be applied in any case in which the Executive Director receives two or more decrees, orders, or agreements referred to in paragraph (1).
(d)(1) Subject to paragraphs (2) through (7), a former spouse of a deceased employee or Member (or a deceased former employee or Member) who died after performing 18 or more months of service and a former spouse of a deceased former employee or Member who died entitled to an immediate or deferred annuity under subchapter II of this chapter is entitled to a survivor annuity under this subsection if and to the extent that—
(A) an election under
(B) any court decree, order, or agreement (described in subsection (c)(2), without regard to subparagraph (B) of such subsection) which relates to such deceased individual and such former spouse,
expressly provides for such survivor annuity.
(2) Paragraph (1) shall apply only to payments made by the Executive Director after the date on which the Executive Director receives written notice of the election, decree, order, or agreement, and such additional information and documentation as the Executive Director may require.
(3) The amount of the survivor annuity payable from the Thrift Savings Fund to a former spouse of a deceased employee, Member, former employee, or former Member under this section may not exceed the excess, if any, of—
(A) the amount of the survivor annuity determined for a surviving spouse of the deceased employee, Member, former employee, or former Member under the method described in subsection (b)(1), over
(B) the total amount of all other survivor annuities payable under this subchapter to other former spouses of such deceased employee, Member, former employee, or former Member based on the order of precedence provided in paragraph (4).
(4) If more than one former spouse of a deceased employee, Member, former employee, or former Member is entitled to a survivor annuity pursuant to this subsection, the amount of each such survivor annuity shall be limited appropriately to carry out paragraph (3) in the order of precedence established for the entitlements by the chronological order of the dates on which elections are properly made pursuant to
(5) Subsections (c) and (d) of
(6) For the purposes of this section, a court decree, order, or agreement or an election referred to in subsection (a) of this section shall not be effective, in the case of a former spouse, to the extent that the election is inconsistent with any joint waiver previously executed with respect to such former spouse under subsection (a)(2) or (b)(2).
(7) Any payment under this subsection to any individual bars recovery by any other individual.
(e)(1)(A) A loan or withdrawal may be made to a married employee or Member under section 8433(g) and (h) of this title only if the employee's or Member's spouse consents to such loan or withdrawal in writing.
(B) A consent under subparagraph (A) shall be irrevocable with respect to the loan or withdrawal to which the consent relates.
(C) Subparagraph (A) shall not apply to a loan or withdrawal to an employee or Member who establishes to the satisfaction of the Executive Director (at the time the employee or Member applies for such loan or withdrawal and in accordance with regulations prescribed by the Executive Director)—
(i) that the spouse's whereabouts cannot be determined; or
(ii) that, due to exceptional circumstances, requiring the employee or Member to seek the spouse's consent would otherwise be inappropriate.
(2) An application for a loan or withdrawal under section 8433(g) and (h) of this title shall not be approved if approval would have the result described under subsection (c)(1).
(f) Waivers and notifications required by this section and waivers of the requirements for such waivers and notifications (as authorized by this section) may be made only in accordance with procedures prescribed by the Executive Director.
(g) Except with respect to the making of loans or withdrawals under section 8433(g) and (h), none of the provisions of this section requiring notification to, or the consent or waiver of, a spouse or former spouse of an employee, Member, former employee, or former Member shall apply in any case in which the nonforfeitable account balance of the employee, Member, former employee, or former Member is $3,500 or less.
(h) The protections provided by this section are in addition to the protections provided by
(Added
Editorial Notes
Amendments
1996—Subsec. (a)(1)(A).
Subsec. (c)(1).
Subsec. (c)(2)(B).
Subsec. (e)(1).
Subsec. (e)(2).
Subsec. (g).
1994—Subsec. (a)(1)(A).
Subsec. (a)(1)(B).
Subsec. (b).
"(A) in the case of an employee or Member retiring under
"(i) a joint waiver of such method is made, in writing, by the employee or Member and the spouse; or
"(ii) the employee or Member waives such method, in writing, after establishing to the satisfaction of the Executive Director that circumstances described in subsection (a)(2)(A) or (a)(2)(B) make the requirement of a joint waiver inappropriate; or
"(B) in the case of an employee or Member not covered by subparagraph (A), if the employee or Member waives such method after—
"(i) having provided notification to the spouse of intent to waive; or
"(ii) establishing to the satisfaction of the Executive Director that the whereabouts of such spouse cannot be determined."
"(b)(1) Except as provided in paragraph (2), a transfer may be made by an employee or Member (or former employee or Member) under
"(2) Paragraph (1) may be waived with respect to a spouse or former spouse if the employee or Member (or former employee or Member) establishes to the satisfaction of the Executive Director that the whereabouts of such spouse or former spouse cannot be determined."
Subsec. (c).
Subsec. (d).
Subsec. (d)(1)(B).
Subsec. (d)(3)(A).
Subsec. (d)(6).
Subsec. (e).
Subsec. (e)(1)(A).
Subsec. (e)(2).
Subsec. (f).
Subsec. (g).
Subsecs. (h), (i).
1992—Subsec. (c)(2)(A).
1990—Subsec. (c)(1).
Subsec. (d)(2)(B)(ii).
Subsecs. (h), (i).
Statutory Notes and Related Subsidiaries
Effective Date of 1996 Amendment
Amendment by
Effective Date of 1994 Amendment
Amendment by
Effective Date of 1992 Amendment
Amendment by
Effective Date of 1990 Amendment
Amendment by section 5(c) of
Amendment by section 6(a)(3) of
§8436. Administrative provisions
(a) The Executive Director shall make or provide for payments and transfers in accordance with an election of an employee or Member under
(b) Any election, change of election, or modification of a deferred annuity commencement date made under this subchapter shall be in writing and shall be filed with the Executive Director in accordance with regulations prescribed by the Executive Director.
(Added
§8437. Thrift Savings Fund
(a) There is established in the Treasury of the United States a Thrift Savings Fund.
(b) The Thrift Savings Fund consists of the sum of all amounts contributed under
(c) The sums in the Thrift Savings Fund are appropriated and shall remain available without fiscal year limitation—
(1) to invest under
(2) to pay benefits or purchase annuity contracts under this subchapter;
(3) to pay the administrative expenses of the Federal Retirement Thrift Investment Management System prescribed in subchapter VII of this chapter;
(4) to make distributions for the purposes of
(5) to make loans to employees and Members as authorized under
(6) to purchase insurance as provided in
(d) Administrative expenses incurred to carry out this subchapter and subchapter VII of this chapter shall be paid first out of any sums in the Thrift Savings Fund forfeited under
(e)(1) Subject to subsection (d) and paragraphs (2) and (3), sums in the Thrift Savings Fund credited to the account of an employee, Member, former employee, or former Member may not be used for, or diverted to, purposes other than for the exclusive benefit of the employee, Member, former employee, or former Member or his beneficiaries under this subchapter.
(2) Except as provided in paragraph (3), sums in the Thrift Savings Fund may not be assigned or alienated and are not subject to execution, levy, attachment, garnishment, or other legal process. For the purposes of this paragraph, a loan made from such Fund to an employee or Member shall not be considered to be an assignment or alienation.
(3) Moneys due or payable from the Thrift Savings Fund to any individual and, in the case of an individual who is an employee or Member (or former employee or Member), the balance in the account of the employee or Member (or former employee or Member) shall be subject to legal process for the enforcement of the individual's legal obligations to provide child support or make alimony payments as provided in section 459 of the Social Security Act (
(f) The sums in the Thrift Savings Fund shall not be appropriated for any purpose other than the purposes specified in this section and may not be used for any other purpose.
(g) All sums contributed to the Thrift Savings Fund by an employee or Member or by an employing agency for the benefit of such employee or Member and all net earnings in such Fund attributable to investment of such sums are held in such Fund in trust for such employee or Member.
(Added
Editorial Notes
References in Text
Section 6331 of the Internal Revenue Code of 1986, referred to in subsec. (e)(3), is classified to
Amendments
2018—Subsec. (e)(3).
2013—Subsec. (e)(3).
2009—Subsec. (e)(3).
1994—Subsec. (c)(5).
Subsec. (e)(3).
1988—Subsec. (d).
Subsec. (e)(1).
Subsec. (e)(3).
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by
Effective Date of 1994 Amendments
Amendment by
Amendment by
Effective Date of 1988 Amendment
Disposition of Amounts
"(1) shall be deposited in the general fund of the Treasury of the United States; and
"(2) shall be used solely for purposes of deficit reduction."
§8438. Investment of Thrift Savings Fund
(a) For the purposes of this section—
(1) the term "Common Stock Index Investment Fund" means the Common Stock Index Investment Fund established under subsection (b)(1)(C);
(2) the term "equity capital" means common and preferred stock, surplus, undivided profits, contingency reserves, and other capital reserves;
(3) the term "Fixed Income Investment Fund" means the Fixed Income Investment Fund established under subsection (b)(1)(B);
(4) the term "Government Securities Investment Fund" means the Government Securities Investment Fund established under subsection (b)(1)(A);
(5) the term "International Stock Index Investment Fund" means the International Stock Index Investment Fund established under subsection (b)(1)(E);
(6) the term "net worth" means capital, paid-in and contributed surplus, unassigned surplus, contingency reserves, group contingency reserves, and special reserves;
(7) the term "plan" means an employee benefit plan, as defined in section 3(3) of the Employee Retirement Income Security Act of 1974 (
(8) the term "qualified professional asset manager" means—
(A) a bank, as defined in section 202(a)(2) of the Investment Advisers Act of 1940 (
(i) has the power to manage, acquire, or dispose of assets of a plan; and
(ii) has, as of the last day of its latest fiscal year ending before the date of a determination for the purpose of this clause, equity capital in excess of $1,000,000;
(B) a savings and loan association, the accounts of which are insured by the Federal Deposit Insurance Corporation, which—
(i) has applied for and been granted trust powers to manage, acquire, or dispose of assets of a plan by a State or Government authority having supervision over savings and loan associations; and
(ii) has, as of the last day of its latest fiscal year ending before the date of a determination for the purpose of this clause, equity capital or net worth in excess of $1,000,000;
(C) an insurance company which—
(i) is qualified under the laws of more than one State to manage, acquire, or dispose of any assets of a plan;
(ii) has, as of the last day of its latest fiscal year ending before the date of a determination for the purpose of this clause, net worth in excess of $1,000,000; and
(iii) is subject to supervision and examination by a State authority having supervision over insurance companies; or
(D) an investment adviser registered under section 203 of the Investment Advisers Act of 1940 (
(i) the investment adviser has, on such day, shareholder's or partner's equity in excess of $750,000; or
(ii) payment of all of the investment adviser's liabilities, including any liabilities which may arise by reason of a breach or violation of a duty described in
(I) a person (as defined in
(II) a qualified professional asset manager described in subparagraph (A), (B), or (C); or
(III) a broker or dealer registered under section 15 of the Securities Exchange Act of 1934 (
(9) the term "shareholder's or partner's equity", as used in paragraph (8)(D) with respect to an investment adviser or a person (as defined in
(10) the term "Small Capitalization Stock Index Investment Fund" means the Small Capitalization Stock Index Investment Fund established under subsection (b)(1)(D).
(b)(1) The Board shall establish—
(A) a Government Securities Investment Fund under which sums in the Thrift Savings Fund are invested in securities of the United States Government issued as provided in subsection (e);
(B) a Fixed Income Investment Fund under which sums in the Thrift Savings Fund are invested in—
(i) insurance contracts;
(ii) certificates of deposits; or
(iii) other instruments or obligations selected by qualified professional asset managers,
which return the amount invested and pay interest, at a specified rate or rates, on that amount during a specified period of time;
(C) a Common Stock Index Investment Fund as provided in paragraph (2);
(D) a Small Capitalization Stock Index Investment Fund as provided in paragraph (3);
(E) an International Stock Index Investment Fund as provided in paragraph (4); and
(F) a service that enables participants to invest in mutual funds, if the Board authorizes the mutual fund window under paragraph (5).
(2)(A) The Board shall select an index which is a commonly recognized index comprised of common stock the aggregate market value of which is a reasonably complete representation of the United States equity markets.
(B) The Common Stock Index Investment Fund shall be invested in a portfolio designed to replicate the performance of the index selected under subparagraph (A). The portfolio shall be designed such that, to the extent practicable, the percentage of the Common Stock Index Investment Fund that is invested in each stock is the same as the percentage determined by dividing the aggregate market value of all shares of that stock by the aggregate market value of all shares of all stocks included in such index.
(3)(A) The Board shall select an index which is a commonly recognized index comprised of common stock the aggregate market value of which represents the United States equity markets excluding the common stocks included in the Common Stock Index Investment Fund.
(B) The Small Capitalization Stock Index Investment Fund shall be invested in a portfolio designed to replicate the performance of the index in subparagraph (A). The portfolio shall be designed such that, to the extent practicable, the percentage of the Small Capitalization Stock Index Investment Fund that is invested in each stock is the same as the percentage determined by dividing the aggregate market value of all shares of that stock by the aggregate market value of all shares of all stocks included in such index.
(4)(A) The Board shall select an index which is a commonly recognized index comprised of stock the aggregate market value of which is a reasonably complete representation of the international equity markets excluding the United States equity markets.
(B) The International Stock Index Investment Fund shall be invested in a portfolio designed to replicate the performance of the index in subparagraph (A). The portfolio shall be designed such that, to the extent practicable, the percentage of the International Stock Index Investment Fund that is invested in each stock is the same as the percentage determined by dividing the aggregate market value of all shares of that stock by the aggregate market value of all shares of all stocks included in such index.
(5)(A) The Board may authorize the addition of a mutual fund window under the Thrift Savings Plan if the Board determines that such addition would be in the best interests of participants.
(B) The Board shall ensure that any expenses charged for use of the mutual fund window are borne solely by the participants who use such window.
(C) The Board may establish such other terms and conditions for the mutual fund window as the Board considers appropriate to protect the interests of participants, including requirements relating to risk disclosure.
(D) The Board shall consult with the Employee Thrift Advisory Council (established under section 8473) before authorizing the addition of a mutual fund window or establishing a service that enables participants to invest in mutual funds.
(c)(1) The Executive Director shall invest the sums available in the Thrift Savings Fund for investment as provided in elections made under subsection (d).
(2) If an election has not been made with respect to any sums available for investment in the Thrift Savings Fund, the Executive Director shall invest such sums in an age-appropriate target date asset allocation investment fund, as determined by the Executive Director. Such investment fund shall consist of any of the funds described in subsection (b).
(d)(1) At least twice each year, an employee or Member (or former employee or Member) may elect the investment funds and options referred to in subsection (b) into which the sums in the Thrift Savings Fund credited to such individual's account are to be invested or reinvested.
(2) An election may be made under paragraph (1) only in accordance with regulations prescribed by the Executive Director and within such period as the Executive Director shall provide in such regulations.
(e)(1) The Secretary of the Treasury is authorized to issue special interest-bearing obligations of the United States for purchase by the Thrift Savings Fund for the Government Securities Investment Fund.
(2)(A) Obligations issued for the purpose of this subsection shall have maturities fixed with due regard to the needs of such Fund as determined by the Executive Director, and shall bear interest at a rate equal to the average market yield (computed by the Secretary of the Treasury on the basis of market quotations as of the end of the calendar month next preceding the date of issue of such obligations) on all marketable interest-bearing obligations of the United States then forming a part of the public debt which are not due or callable earlier than 4 years after the end of such calendar month.
(B) Any average market yield computed under subparagraph (A) which is not a multiple of one-eighth of 1 percent, shall be rounded to the nearest multiple of one-eighth of 1 percent.
(f) The Board, other Government agencies, the Executive Director, an employee, a Member, a former employee, and a former Member may not exercise voting rights associated with the ownership of securities by the Thrift Savings Fund.
(g)(1) Notwithstanding subsection (e) of this section, the Secretary of the Treasury may suspend the issuance of additional amounts of obligations of the United States, if such issuances could not be made without causing the public debt of the United States to exceed the public debt limit, as determined by the Secretary of the Treasury.
(2) Any issuances of obligations to the Government Securities Investment Fund which, solely by reason of the public debt limit are not issued, shall be issued under subsection (e) by the Secretary of the Treasury as soon as such issuances can be issued without exceeding the public debt limit.
(3) Upon expiration of the debt issuance suspension period, the Secretary of the Treasury shall immediately issue to the Government Securities Investment Fund obligations under
(4) On the first business day after the expiration of any debt issuance suspension period, the Secretary of the Treasury shall pay to the Government Securities Investment Fund, from amounts in the general fund of the Treasury of the United States not otherwise appropriated, an amount equal to the excess of the net amount of interest that would have been earned by the Government Securities Investment Fund from obligations of the United States during such debt issuance suspension period if—
(A) amounts in the Government Securities Investment Fund that were available for investment in obligations of the United States and were not invested during such debt issuance suspension period solely by reason of the public debt limit had been invested under the procedure set forth in paragraph (5), over
(B) the net amount of interest actually earned by the Government Securities Investment Fund from obligations of the United States during such debt issuance suspension period.
(5) On each business day during the debt limit suspension period, the Executive Director shall notify the Secretary of the Treasury of the amounts, by maturity, that would have been invested or redeemed each day had the debt issuance suspension period not occurred.
(6) For purposes of this subsection and subsection (h) of this section—
(A) the term "public debt limit" means the limitation imposed by
(B) the term "debt issuance suspension period" means any period for which the Secretary of the Treasury determines for purposes of this subsection that the issuance of obligations of the United States may not be made without exceeding the public debt limit.
(h)(1) The Secretary of the Treasury shall report to Congress on the operation and status of the Thrift Savings Fund during each debt issuance suspension period for which the Secretary is required to take action under paragraph (3) or (4) of subsection (g) of this section. The report shall be submitted as soon as possible after the expiration of such period, but not later than 30 days after the first business day after the expiration of such period. The Secretary shall concurrently transmit a copy of such report to the Executive Director.
(2) Whenever the Secretary of the Treasury determines that, by reason of the public debt limit, the Secretary will be unable to fully comply with the requirements of subsection (e) of this section, the Secretary shall immediately notify Congress and the Executive Director of the determination. The notification shall be made in writing.
(Added
Editorial Notes
Amendments
2015—Subsec. (c)(2).
2014—Subsec. (c)(2).
2009—Subsec. (b)(1)(F).
Subsec. (b)(5).
Subsec. (d)(1).
1996—Subsec. (a).
Subsec. (b).
Subsec. (h)(1).
1992—Subsec. (a)(7)(B).
1990—Subsec. (b)(1)(A).
Subsec. (c)(1).
Subsec. (d)(1).
Subsec. (e).
Subsec. (f).
Subsec. (g).
Subsecs. (h), (i).
1988—Subsec. (e)(3)(A).
1987—Subsecs. (h), (i).
Statutory Notes and Related Subsidiaries
Effective Date of 2015 Amendment; Implementation
Amendment by
Effective Date of 2014 Amendment
"(1) take effect on the date that the Executive Director issues guidance under subsection (d) [guidance published Aug. 28, 2015, effective Sept. 5, 2015, see section 2(d) of
"(2) apply to individuals enrolled in the Thrift Savings Plan on or after such date."
Effective Date of 1996 Amendment
Section 101(f) [title VI, §659 [title I, §104]] provided that: "This title [title I (§§101–104) of section 659 of section 101(f) of
Effective Date of 1990 Amendment
Amendment by
Effective Date of 1988 Amendment
Guidance
[Guidance issued in the form of a final rule published Aug. 28, 2015, effective Sept. 5, 2015, see 80 F.R. 52173.]
Removal of Investment Restrictions
§8439. Accounting and information
(a)(1) The Executive Director shall establish and maintain an account for each individual who makes contributions or for whom contributions are made under
(2) The balance in an individual's account at any time is the excess of—
(A) the sum of—
(i) all contributions made to the Thrift Savings Fund by the individual;
(ii) all contributions made to such Fund for the benefit of the individual; and
(iii) the total amount of the allocations made to and reductions made in the account pursuant to paragraph (3), over
(B) the amounts paid out of the Thrift Savings Fund with respect to such individual under this subchapter.
(3) Pursuant to regulations prescribed by the Executive Director, the Executive Director shall allocate to each account an amount equal to a pro rata share of the net earnings and net losses from each investment of sums in the Thrift Savings Fund attributable to sums credited to such account, reduced by an appropriate share of the administrative expenses paid out of the net earnings under
(b)(1) For the purposes of this subsection, the term "qualified public accountant" shall have the same meaning as provided in section 103(a)(3)(D) of the Employee Retirement Income Security Act of 1974 (
(2) The Executive Director shall annually engage, on behalf of all individuals for whom an account is maintained, an independent qualified public accountant, who shall conduct an examination of all accounts and other books and records maintained in the administration of this subchapter and subchapter VII as the public accountant considers necessary to enable the public accountant to make the determination required by paragraph (3). The examination shall be conducted in accordance with generally accepted auditing standards and shall involve such tests of the accounts, books, and records as the public accountant considers necessary.
(3) The public accountant conducting an examination under paragraph (2) shall determine whether the accounts, books, and records referred to in such paragraph have been maintained in conformity with generally accepted accounting principles applied on a basis consistent with the manner in which such principles were applied during the examination conducted under such paragraph during the preceding year. The public accountant shall transmit to the Board a report on his examination, including his determination under this paragraph.
(4) In making a determination under paragraph (3), a public accountant may rely on the correctness of any actuarial matter certified by an enrolled actuary if the public accountant states his reliance in the report transmitted to the Board under such paragraph.
(c)(1) The Board shall prescribe regulations under which each individual for whom an account is maintained shall be furnished with—
(A) a periodic statement relating to the individual's account; and
(B) a summary description of the investment options under
(2) Information under this subsection shall be provided on a regular basis, and in a manner designed to facilitate informed decisionmaking with respect to elections under
(d)(1) Each employee, Member, former employee, or former Member who elects to invest in any investment fund or option under this chapter, other than the Government Securities Investment Fund, shall sign an acknowledgement prescribed by the Executive Director which states that the employee, Member, former employee, or former Member understands that an investment in any such fund or option is made at the employee's, Member's, former employee's, or former Member's risk, that the employee, Member, former employee, or former Member is not protected by the Government against any loss on such investment, and that a return on such investment is not guaranteed by the Government.
(2) Prior to enrollment in the Thrift Savings Fund, or as soon as practicable thereafter, an individual who is automatically enrolled pursuant to section 8432(b)(2) shall receive the risk acknowledgment information described under paragraph (1).
(Added
Editorial Notes
Amendments
2014—Subsec. (d).
2009—Subsec. (d).
2004—Subsec. (c)(2).
2000—Subsec. (a)(1).
Subsec. (c)(2).
1999—Subsec. (a)(1).
Subsec. (a)(2)(A)(i).
Subsec. (a)(2)(A)(ii).
1996—Subsec. (b)(3).
Subsec. (d).
Statutory Notes and Related Subsidiaries
Effective Date of 2014 Amendment
Amendment by
Effective Date of 2000 Amendment
Amendment by
Effective Date of 1999 Amendment
Amendment by
Effective Date of 1996 Amendment
Amendment by
Reporting Requirements
"(a)
"(b)
"(1)
"(2)
"(c)
"(1) the term 'Board' has the meaning given such term by 8401(5) of
"(2) the term 'participant' has the meaning given such term by
"(3) the term 'account' means an account established under
§8440. Tax treatment of the Thrift Savings Fund
(a) For purposes of the Internal Revenue Code of 1986—
(1) the Thrift Savings Fund shall be treated as a trust described in section 401(a) of such Code which is exempt from taxation under section 501(a) of such Code;
(2) any contribution to, or distribution from, the Thrift Savings Fund shall be treated in the same manner as contributions to or distributions from such a trust; and
(3) subject to section 401(k)(4)(B) of such Code and any dollar limitation on the application of section 402(a)(8) of such Code, contributions to the Thrift Savings Fund shall not be treated as distributed or made available to an employee or Member nor as a contribution made to the Fund by an employee or Member merely because the employee or Member has, under the provisions of this subchapter and
(b)
(c) Subsection (a) shall not be construed to provide that any amount of the employee's or Member's basic pay which is contributed to the Thrift Savings Fund shall not be included in the term "wages" for the purposes of section 209 of the Social Security Act or section 3121(a) of the Internal Revenue Code of 1986.
(Added
Editorial Notes
References in Text
The Internal Revenue Code of 1986, referred to in subsecs. (a) and (c), is classified generally to Title 26, Internal Revenue Code.
Section 209 of the Social Security Act, referred to in subsec. (c), is classified to
Amendments
1994—Subsecs. (a), (c).
1992—Subsec. (a)(3).
1988—Subsec. (a)(3).
1987—Subsec. (a)(3).
Subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 1994 Amendment
Amendment by
Effective Date of 1992 Amendment
Amendment by
Effective Date of 1988 Amendment
Amendment by
§8440a. Justices and judges
(a)(1) A justice or judge of the United States as defined by
(2) An election may be made under paragraph (1) as provided under section 8432(b) for individuals subject to this chapter.
(b)(1) Except as otherwise provided in this subsection, the provisions of this subchapter and subchapter VII shall apply with respect to justices and judges making contributions to the Thrift Savings Fund.
(2) The amount contributed by a justice or judge for any pay period shall not exceed the maximum percentage of such justice's or judge's basic pay for such pay period allowable under section 8440f.
(3) No contributions shall be made for the benefit of a justice or judge under
(4)
(5)
(6) The provisions of
(7) Notwithstanding paragraphs (4) and (5), if any justice or judge retires under subsection (a) or (b) of section 371 or
(Added
Editorial Notes
Codification
Another section 8440a was renumbered
Amendments
2004—Subsec. (a)(2).
2000—Subsec. (a)(2).
Subsec. (b)(2).
1996—Subsec. (b)(7).
1994—Subsec. (b)(5).
Subsec. (b)(6).
Subsec. (b)(7), (8).
"(7) Notwithstanding paragraph (5), if any justice or judge who elects to make contributions to the Thrift Savings Fund under subsection (a) resigns without having met the age and service requirements set forth in
"(8) Notwithstanding paragraph (4), if any justice or judge retires under subsection (a) or (b) of section 371 or
1992—Subsec. (b)(1).
1990—Subsec. (b)(6).
Subsec. (b)(7), (8).
Statutory Notes and Related Subsidiaries
Effective Date of 2000 Amendment
Amendment by
Effective Date of 1996 Amendment
Amendment by
Effective Date of 1994 Amendment
Amendment by
Effective Date of 1990 Amendment
Amendment by section 3(b)(2) of
Amendment by section 6(b)(2) of
§8440b. Bankruptcy judges and magistrate judges
(a)(1) A bankruptcy judge or magistrate judge who is covered by
(2) An election may be made under paragraph (1) as provided under section 8432(b) for individuals subject to this chapter.
(b)(1) Except as otherwise provided in this subsection, the provisions of this subchapter and subchapter VII shall apply with respect to bankruptcy judges and magistrate judges who make contributions to the Thrift Savings Fund under subsection (a) of this section.
(2) The amount contributed by a bankruptcy judge or magistrate judge for any pay period shall not exceed the maximum percentage of such bankruptcy judge's or magistrate judge's basic pay for such pay period allowable under section 8440f.
(3) No contributions shall be made under
(4)(A)
(B)
(C)
(5) With respect to bankruptcy judges and magistrate judges to whom this section applies, any of the actions described under paragraph (4)(A), (B), or (C) shall be considered a separation from service for purposes of this subchapter and subchapter VII.
(6) For purposes of this section, the terms "retirement" and "retire" include removal from office under
(7) In the case of a bankruptcy judge or magistrate judge who receives a distribution from the Thrift Savings Plan and who later receives an annuity under
(8) Notwithstanding paragraph (4), if any bankruptcy judge or magistrate judge retires under circumstances making such bankruptcy judge or magistrate judge eligible to make an election under subsection (b) of section 8433, and such bankruptcy judge's or magistrate judge's nonforfeitable account balance is less than an amount that the Executive Director prescribes by regulation, the Executive Director shall pay the nonforfeitable account balance to the participant in a single payment.
(Added
Editorial Notes
References in Text
Section 2(c) of the Retirement and Survivors' Annuities for Bankruptcy Judges and Magistrates Act of 1988, referred to in subsecs. (a)(1) and (b)(4), is section 2(c) of
Codification
Another section 8440b was renumbered
Amendments
2004—Subsec. (a)(2).
Subsec. (b)(2).
Subsec. (b)(4)(B).
Subsec. (b)(8).
2000—Subsec. (b)(2).
1996—Subsec. (b)(7).
Subsec. (b)(8).
1994—Subsec. (b)(4)(B).
Subsec. (b)(4)(C).
Subsec. (b)(5).
Subsec. (b)(8).
Subsec. (b)(9).
1990—
Subsec. (b)(7).
Subsec. (b)(8), (9).
Statutory Notes and Related Subsidiaries
Change of Name
Words "magistrate judge", "magistrate judges", and "magistrate judge's" substituted for "magistrate", "magistrates", and "magistrate's", respectively, in section catchline and in subsecs. (a)(1) and (b)(1)–(3), (4)(A), (C), (5), (7), and (8), pursuant to section 321 of
Effective Date of 1996 Amendment
Amendment by
Effective Date of 1994 Amendment
Amendment by
Effective Date of 1990 Amendment
Amendment by section 3(b)(3) of
Amendment by section 6(b)(3) of
Effective Date
Section effective Nov. 15, 1988, and applicable to bankruptcy judges and magistrate judges who retire on or after Nov. 15, 1988, with exception for judges and magistrate judges retiring on or after July 31, 1987, see section 9 of
§8440c. Court of Federal Claims judges
(a)(1) A judge of the United States Court of Federal Claims who is covered by
(2) An election may be made under paragraph (1) as provided under section 8432(b) for individuals subject to this chapter.
(b)(1) Except as otherwise provided in this subsection, the provisions of this subchapter and subchapter VII shall apply with respect to Court of Federal Claims judges who make contributions to the Thrift Savings Fund under subsection (a) of this section.
(2) The amount contributed by a Court of Federal Claims judge for any pay period shall not exceed the maximum percentage of such judge's basic pay for such pay period allowable under section 8440f.
(3) No contributions shall be made under
(4)(A)
(B)
(5) With respect to Court of Federal Claims judges to whom this section applies, any of the actions described in paragraph (4)(A) or (B) shall be considered a separation from service for purposes of this subchapter and subchapter VII.
(6) For purposes of this section, the terms "retirement" and "retire" include removal from office under
(7) In the case of a Court of Federal Claims judge who receives a distribution from the Thrift Savings Plan and who later receives an annuity under
(8) Notwithstanding paragraph (4), if any Court of Federal Claims judge retires under circumstances making such judge eligible to make an election under section 8433(b), and such judge's nonforfeitable account balance is less than an amount that the Executive Director prescribes by regulation, the Executive Director shall pay the nonforfeitable account balance to the participant in a single payment.
(Added
Editorial Notes
Codification
Another section 8440c was renumbered
Amendments
2004—Subsec. (a)(2).
2000—Subsec. (b)(2).
1996—Subsec. (b)(7).
Subsec. (b)(8).
1994—Subsec. (b)(4)(B).
Subsec. (b)(5).
Subsec. (b)(8), (9).
1992—
Subsec. (a)(1).
Subsec. (b)(1) to (5), (7) to (9).
1991—
Subsec. (b)(4)(A).
Subsec. (b)(7).
Subsec. (b)(8).
Subsec. (b)(9).
Statutory Notes and Related Subsidiaries
Effective Date of 1996 Amendment
Amendment by
Effective Date of 1994 Amendment
Amendment by
Effective Date of 1992 Amendment
Amendment by
Effective Date of 1991 Amendment
Section 7(c)(3) of
Effective Date
Section applicable to judges of, and senior judges in active service with, the United States Court of Federal Claims on or after Dec. 1, 1990, see section 306(f) of
§8440d. Judges of the United States Court of Appeals for Veterans Claims
(a)(1) A judge of the United States Court of Appeals for Veterans Claims may elect to contribute to the Thrift Savings Fund.
(2) An election may be made under paragraph (1) as provided under
(b)(1) Except as otherwise provided in this subsection, the provisions of this subchapter and subchapter VII of this chapter shall apply with respect to a judge making contributions to the Thrift Savings Fund.
(2) The amount contributed by a judge of the United States Court of Appeals for Veterans Claims for any pay period may not exceed the maximum percentage of such judge's basic pay for such pay period allowable under section 8440f. Basic pay does not include any retired pay paid pursuant to
(3) No contributions may be made for the benefit of a judge under
(4)
(5)
(6) The provisions of section 8351(b)(7) 1 of this title shall apply with respect to a judge who has elected to contribute to the Thrift Savings Fund under this section.
(Added
Editorial Notes
References in Text
Amendments
2004—Subsec. (a)(2).
2000—Subsec. (a)(2).
Subsec. (b)(2).
1998—
Subsecs. (a)(1), (b)(5).
1994—Subsec. (b)(5).
1992—
1991—
Statutory Notes and Related Subsidiaries
Effective Date of 2000 Amendment
Amendment by
Effective Date of 1998 Amendment
Amendment by
Effective Date of 1994 Amendment
Amendment by
Effective Date of 1992 Amendment
Amendment by
First Election
Section 5(b) of
1 See References in Text note below.
§8440e. Members of the uniformed services
(a) For purposes of this section—
(1) the term "basic pay" means basic pay payable under
(2) the term "full TSP member" means a member described in subsection (e)(1);
(3) the term "member" has the meaning given the term in
(4) the term "Secretary concerned" has the meaning given the term in
(b)(1) Any member eligible to participate in the Thrift Savings Plan by virtue of
(2)(A) Except as provided in subparagraph (B), an election to contribute to the Thrift Savings Fund under this section may be made as provided under section 8432(b).
(B)(i) Notwithstanding subparagraph (A), any individual who is a member as of the effective date that applies with respect to such individual under section 663 of the National Defense Authorization Act for Fiscal Year 2000 may make the first such election during the 60-day period beginning on such effective date.
(ii) An election made under this subparagraph shall take effect on the first day of the first applicable pay period beginning after the close of the 60-day period referred to in clause (i).
(c) Except as otherwise provided in this section, the provisions of this subchapter and subchapter VII shall apply with respect to members making contributions to the Thrift Savings Fund, and such members shall, for purposes of this subchapter and subchapter VII, be considered employees within the meaning of section 8401(11).
(d)(1)(A) The amount contributed by a member described in
(B) The amount contributed by a member described in
(2) A member making contributions to the Thrift Savings Fund out of basic pay, or out of compensation under
(3) Nothing in this section or
(e)
(1)
(A) who first enters a uniformed service on or after January 1, 2018; or
(B) who—
(i) first entered a uniformed service before January 1, 2018;
(ii) has completed fewer than 12 years of service in the uniformed services as of December 31, 2017; and
(iii) makes the election described in
(2)
(3)
(A)
(i) begins—
(I) on or after the day that is 60 days afer the date the member first enters a uniformed service, in the case of a member described in paragraph (1)(A); or
(II) on or after the date the member makes the election described in paragraph (1)(B), in the case of a member making such an election; and
(ii) ends on the day such member completes 26 years of service as a member of the uniformed services.
(B)
(i) begins—
(I) on or after the day that is 2 years and 1 day after the date the member first enters a uniformed service, in the case of a member described in paragraph (1)(A); or
(II) on or after the date the member makes the election described in paragraph (1)(B), in the case of a member making such an election; and
(ii) ends on the day such member completes 26 years of service as a member of the uniformed services.
(4)
(Added
Editorial Notes
References in Text
Section 663 of the National Defense Authorization Act for Fiscal Year 2000, referred to in subsec. (b)(2)(B)(i), is section 663 of
The Internal Revenue Code of 1986, referred to in subsec. (d)(3), is classified generally to Title 26, Internal Revenue Code.
Amendments
2015—Subsec. (a).
Subsec. (e).
2004—Subsec. (b)(2)(A).
2000—Subsec. (b)(2)(B)(i).
Subsec. (d)(1)(A).
Subsec. (d)(1)(B).
Statutory Notes and Related Subsidiaries
Effective Date of 2015 Amendment; Implementation
Amendment by
Effective Date
"(a)
"(b)
"(A) the date as of which the amendments made by this subtitle shall take effect; or
"(B) the date as of which
"(2) Postponement authority under this subsection may be exercised only to the extent that the failure to do so would prevent the Federal Retirement Thrift Investment Board from being able to provide timely and accurate services to investors or would place an excessive burden on the administrative capacity of the Board to accommodate participants in the Thrift Savings Plan, as determined by the Secretary of Defense after consultation with the Executive Director (appointed by the Board).
"(3) Paragraph (1) includes the authority to postpone the effective date of the amendments made by this subtitle (apart from
"(4) The Secretary shall notify the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives], the Committee on Government Reform [now Committee on Oversight and Accountability] of the House of Representatives, and the Committee on Governmental Affairs [now Committee on Homeland Security and Governmental Affairs] of the Senate of any determination made under this subsection."
Regulations
§8440f. Maximum percentage allowable for certain participants
(a) The maximum percentage allowable under this section shall be determined in accordance with the following table:
| In the case of a pay period beginning in fiscal year: | The maximum percentage allowable is: |
|---|---|
| 2001 | 6 |
| 2002 | 7 |
| 2003 | 8 |
| 2004 | 9 |
| 2005 | 10 |
| 2006 or thereafter | 100. |
(b) Notwithstanding any limitation under this section, an eligible participant (as defined by section 414(v) of the Internal Revenue Code of 1986) may make such additional contributions to the Thrift Savings Fund as are permitted by such section 414(v) and regulations of the Executive Director consistent therewith.
(Added
Editorial Notes
References in Text
Section 414(v) of the Internal Revenue Code of 1986, referred to in subsec. (b), is classified to
Amendments
2002—
Statutory Notes and Related Subsidiaries
Effective Date of 2002 Amendment
Amendment by
SUBCHAPTER IV—SURVIVOR ANNUITIES
§8441. Definitions
For the purpose of this subchapter—
(1) the term "widow" means the surviving wife of an employee, Member, or annuitant, or of a former employee or Member, who—
(A) was married to him for at least 9 months immediately before his death; or
(B) is the mother of issue by that marriage;
(2) the term "widower" means the surviving husband of an employee, Member, or annuitant, or of a former employee or Member, who—
(A) was married to her for at least 9 months immediately before her death; or
(B) is the father of issue by that marriage;
(3) the term "dependent", in the case of any child, means that the employee, Member, or annuitant involved was, at the time of death of the employee, Member, or annuitant either living with or contributing to the support of such child, as determined in accordance with such regulations as the Office shall prescribe; and
(4) the term "child" means—
(A) an unmarried dependent child under 18 years of age, including (i) an adopted child, (ii) a stepchild but only if the stepchild lived with the employee, Member, or annuitant in a regular parent-child relationship, (iii) a recognized natural child, and (iv) a child who lived with and for whom a petition of adoption was filed by an employee, Member, or annuitant and who is adopted by the widow or widower of the employee, Member, or annuitant after the death of such employee, Member, or annuitant;
(B) such unmarried dependent child regardless of age who is incapable of self-support because of mental or physical disability incurred before age 18; or
(C) such unmarried dependent child between 18 and 22 years of age who is a student regularly pursuing a full-time course of study or training in residence in a high school, trade school, technical or vocational institute, junior college, college, university, or comparable recognized educational institution.
For the purpose of this paragraph and section 8443, a child whose 22nd birthday occurs before July 1 or after August 31 of a calendar year, and while regularly pursuing such a course of study or training, is deemed to have become 22 years of age on the first day of July after that birthday. A child who is a student is deemed not to have ceased to be a student during an interim between school years if the interim is not more than 5 months and if such child shows to the satisfaction of the Office that such child has a bona fide intention of continuing to pursue a course of study or training in the same or different school during the school semester (or other period into which the school year is divided) immediately after the interim.
(Added
§8442. Rights of a widow or widower
(a)(1) Except as provided in subsection (g), if an annuitant dies and is survived by a widow or widower, the widow or widower is entitled to an annuity equal to 50 percent of an annuity computed under section 8415 with respect to the annuitant, (or one-half thereof, if designated for this purpose under
(A) the right to an annuity was waived under section 8416(a) (and no election was subsequently made under section 8416(d) nullifying the waiver); or
(B) in the case of a marriage after retirement, the annuitant did not file an election under section 8416(b) or (c), as the case may be.
(2) A spouse acquired after retirement is entitled to an annuity under this subsection (as provided in paragraph (1)) only upon electing this annuity instead of any other survivor benefit to which such spouse may be entitled under this subchapter or section 8424 or under another retirement system for Government employees.
(b)(1) If an employee or Member dies after completing at least 18 months of civilian service creditable under section 8411 and is survived by a widow or widower, the widow or widower is entitled to—
(A) an amount equal to the sum of—
(i) 50 percent of the final annual rate of basic pay (or of the average pay, if higher) of the employee or Member; and
(ii) $15,000 as adjusted under section 8462(e); and
(B) if the employee or Member completed at least 10 years of service, an annuity equal to 50 percent of an annuity computed under section 8415 with respect to the employee or Member, but without regard to subsection (f) of such section.
(2) The Office shall prescribe regulations under which the total amount payable to a widow or widower under paragraph (1)(A) may, at the election of the widow or widower, be paid—
(A) in a lump sum; or
(B) on a monthly basis—
(i) over a period of 3 years beginning on the day after the employee's or Member's death; or
(ii) over any other period established under the regulations.
Any method of payment provided for under subparagraph (B) shall be designed such that the present value of the benefits provided under such method is actuarially equivalent to the present value of a lump-sum payment under subparagraph (A).
(3) An amount payable under paragraph (1)(A) shall not be considered to be part of an annuity for purposes of this chapter.
(c)(1) If a former employee or Member dies after having separated from the service with title to a deferred annuity under section 8413 but before having established a valid claim for an annuity, and is survived by a widow or widower to whom married on the date of separation, the widow or widower may elect to receive—
(A) an annuity under paragraph (2); or
(B) the lump-sum credit, if the widow or widower is the individual who would be entitled to the lump-sum credit and if such widow or widower files application therefor with the Office.
(2)(A)(i) Subject to clause (ii) and subparagraph (B)(ii), the annuity of the widow or widower is equal to 50 percent of an annuity computed under section 8415 for the former employee or Member.
(ii)(I) In computing an amount under section 8415 for a former employee or Member (described in subclause (II)) in order to compute the annuity for a widow or widower under this subsection, the computation under section 8415 shall be made as if the former employee or Member had attained the applicable minimum retirement age under section 8412(h).
(II) This clause applies with respect to a former employee or Member who dies before having attained the applicable minimum retirement age under section 8412(h).
(B)(i) Notwithstanding the first sentence of subsection (d)(1), the annuity of the widow or widower of a former employee or Member under subparagraph (A)(ii) commences—
(I) on the day after the date on which the former employee or Member would have attained age 62 (or, if applicable, either age 60 if the former employee or Member completed at least 20 years of service, or the applicable minimum retirement age (under section 8412(h)) if the former employee or Member completed at least 30 years of service); or
(II) if the widow or widower so designates in the election, as of the day after the death of the former employee or Member.
(ii) The present value of the annuity of a widow or widower who chooses the earlier commencement date under clause (i)(II) shall be actuarially equivalent to the present value of an annuity computed for the widow or widower, determined as if the commencement date under clause (i)(I) were applicable.
(3)(A) Paragraphs (1) and (2) shall apply only in the case of an employee or Member who completes at least 10 years of service.
(B) Nothing in this subsection shall be considered to affect the provisions of this chapter relating to a lump-sum credit in the case of the widow or widower of a former employee or Member who dies after completing less than 10 years of service.
(d)(1) The annuity of a widow or widower under this section commences on the day after the death of the individual on whose service such annuity is based. This annuity and the right thereto terminate on the last day of the month before the widow or widower—
(A) dies; or
(B) except as provided in paragraph (3), remarries before becoming 55 years of age.
(2) In the case of a widow or widower whose annuity under this section is terminated because of remarriage before becoming 55 years of age, the annuity shall be restored at the same rate commencing on the day the remarriage is dissolved by death, divorce, or annulment, if—
(A) the widow or widower elects to receive this annuity instead of any other survivor benefit to which such widow or widower may be entitled (under this subchapter or section 8424 or under another retirement system for Government employees) by reason of the remarriage; and
(B) any lump sum paid on termination of the annuity is returned to the Fund.
(3) Paragraph (1)(B) (relating to termination of a survivor annuity because of a remarriage before age 55) shall not apply if the widow or widower was married for at least 30 years to the individual on whose service the survivor annuity is based.
(e) The requirement in paragraphs (1)(A) and (2)(A) of section 8441 that the widow or widower of an annuitant, employee, or Member, or of a former employee or Member, have been married to such individual for at least 9 months immediately before the death of the individual in order to qualify as the widow or widower of such individual shall be deemed satisfied in any case in which the individual dies within the applicable 9-month period, if—
(1) the death of the individual was accidental; or
(2) the surviving spouse of the individual had been previously married to such individual and subsequently divorced, and the aggregate time married is at least 9 months.
(f)(1) Subject to paragraph (4), a survivor who is entitled to an annuity under subsection (a) shall also be entitled to a supplementary annuity under this subsection.
(2) A supplementary annuity under this subsection shall be equal to the lesser of—
(A) the amount by which the survivor's assumed CSRS annuity exceeds the annuity payable to such survivor under subsection (a); or
(B) the amount determined under paragraph (3).
(3)(A) Except as provided in subparagraph (B), the amount under this paragraph for a survivor is the amount of widow's or widower's insurance benefits which would be payable to such survivor under title II of the Social Security Act (without regard to sections 202(e)(7), 202(f)(2), and 203 of such Act) based on the wages and self-employment income of the deceased annuitant, and determined—
(i) as of the date on which the annuitant died; and
(ii) as if the survivor had attained age 60 and made application for those benefits under subsection (e) or (f) of section 202 of such Act, as the case may be.
(B) Any computation or determination under this paragraph shall be made in accordance with the applicable provisions of the Social Security Act, except that in computing any primary insurance amount under section 215 of such Act for purposes of determining an amount under this subsection, subparagraphs (A) and (C) of section 8421(b)(2) shall apply.
(4) A supplementary annuity under this subsection—
(A) shall be payable to a survivor only for calendar months ending before the calendar month in which such survivor first satisfies the minimum age requirement under section 202(e)(1)(B)(i) or 202(f)(1)(B)(i) of the Social Security Act, as the case may be;
(B) shall not be payable to a survivor who would not be entitled to benefits under subsection (e) or (f) of section 202 of the Social Security Act based on the wages and self-employment income of the deceased annuitant (determined, as of the date of the annuitant's death, as if the survivor had attained age 60 and made appropriate application for benefits, but without regard to any restriction under either such subsection relating to remarriage); and
(C) shall not be payable to a survivor for any calendar month in which such survivor is entitled (or would, on proper application, be entitled) to benefits under section 202(g) of the Social Security Act (relating to mother's and father's insurance benefits), or under section 202(e) or (f) of such Act by reason of having become disabled, based on the wages and self-employment income of the deceased annuitant.
(5) For the purpose of this subsection, the term "assumed CSRS annuity", as used in the case of a survivor, means the amount of the annuity to which such survivor would be entitled under subchapter III of
(A) as of the day after the date of the annuitant's death;
(B) as if the survivor had made appropriate application therefor; and
(C) as if the service of the deceased annuitant were creditable under such subchapter.
(6) An amount payable under this subsection shall be adjusted under section 8462 and shall otherwise be treated under this chapter in the same way as an amount payable under subsection (a).
(g)(1) If the widow or widower of an annuitant under section 8452 (hereinafter in this subsection referred to as a "disability annuitant") is determined under subsection (a) to be entitled to an annuity based on the service of such disability annuitant, the annuity of the widow or widower shall be equal to 50 percent of the amount determined under paragraph (2) (or one-half thereof if designated for this purpose under
(2)(A) Except as provided in subparagraph (B), the amount on which the annuity of the widow or widower of a disability annuitant is based shall be the amount of the annuity to which such disability annuitant was entitled, as computed under section 8452 (including appropriate reduction under subsection (a)(2) of such section and any adjustments under section 8462 allowed under section 8452), as of the day before the date of the disability annuitant's death.
(B)(i) In the case of a widow or widower entitled to an annuity based on the service of a disability annuitant who dies before age 62, the amount under clause (ii) shall apply instead of the amount which would otherwise apply under subparagraph (A).
(ii)(I) Subject to subclause (II), the amount of the annuity to which the disability annuitant was entitled as of the day before the date of death shall be considered to be the amount which would be computed with respect to such disability annuitant under section 8452(b) if the disability annuitant had attained age 62 on the day before date of death.
(II) For purposes of any such computation under section 8452(b)(2) pursuant to this clause, creditable service shall (in addition to the service which would otherwise be used under subparagraph (B)(i) of such section) include the period of time between date of death and the date of the sixty-second anniversary of the birth of the annuitant, and average pay shall be adjusted in accordance with subparagraph (B)(ii) of such section only through date of death.
(h) The following rules shall apply notwithstanding any other provision of this section:
(1) The annuity payable under this section to a widow or widower may not exceed the difference between—
(A) the amount of the annuity which would otherwise be payable to such widow or widower under this section; and
(B) the amount of the annuity payable to any former spouse of the deceased employee, Member, or annuitant, or former employee or Member, based on an election made under section 8417(b) or a court order previously issued or agreement previously entered into as described in section 8445(a).
(2) The amount payable under subsection (b)(1)(A) to a widow or widower may not exceed the difference between—
(A) the amount which would otherwise be payable to such widow or widower under such subsection; and
(B) the portion of such amount payable to any former spouse of the deceased employee, Member, or annuitant, or former employee or Member, based on a court order previously issued or agreement previously entered into.
(3) A lump-sum credit under subsection (c)(2) shall be subject to the same terms and conditions as apply with respect to a lump-sum credit under section 8424(b).
(Added
Editorial Notes
References in Text
The Social Security Act, referred to in subsec. (f)(3), (4), is act Aug. 14, 1935, ch. 531,
Amendments
1997—Subsec. (d)(1)(B).
Subsec. (d)(3).
1988—Subsec. (a)(1).
Subsec. (g)(1).
1986—Subsec. (c)(2)(B)(i)(I).
Statutory Notes and Related Subsidiaries
Effective Date of 1997 Amendment
Amendment by
§8443. Rights of a child
(a)(1) If an employee or Member dies after completing at least 18 months of civilian service which is creditable under section 8411, or an annuitant dies, each surviving child is, for any month, entitled to an annuity equal to—
(A) the amount by which the applicable amount under paragraph (2) for such month exceeds the applicable amount under paragraph (3) for such month, divided by
(B) the number of children entitled to a payment under this section for such month.
(2) The applicable amount under this paragraph for any month is the total amount to which the surviving child or children (as the case may be) of the annuitant, employee, or Member would be entitled for such month under subchapter III of
(3) The applicable amount under this paragraph for any month is the total amount of child's insurance benefits which are payable (or would, on proper application, be payable) under title II of the Social Security Act for such month based on the wages and self-employment income of such annuitant, employee, or Member.
(b) The annuity of a child under this subchapter—
(1) commences on the day after the annuitant, employee, or Member dies;
(2) commences or resumes on the first day of the month in which the child later becomes or again becomes a student as described by section 8441(4), if any lump sum paid is returned to the Fund; or
(3) commences or resumes on the first day of the month in which the child later becomes or again becomes incapable of self-support because of a mental or physical disability incurred before age 18 (or a later recurrence of such disability), if any lump sum paid is returned to the Fund.
This annuity and the right thereto terminate on the last day of the month before the child—
(A) becomes 18 years of age unless then a student as described or incapable of self-support;
(B) becomes capable of self-support after becoming 18 years of age unless then such a student;
(C) becomes 22 years of age if then such a student and capable of self-support;
(D) ceases to be such a student after becoming 18 years of age unless then incapable of self-support; or
(E) dies or marries;
whichever occurs first. On the death of the surviving wife or husband, or former wife or husband, or termination of the annuity of a child, the annuity of any other child or children shall be recomputed and paid as though the wife or husband, former wife or husband, or child had not survived the annuitant, employee, or Member. If the annuity of a child under this subchapter terminates under subparagraph (E) because of marriage, then, if such marriage ends, such annuity shall resume on the first day of the month in which it ends, but only if any lump sum paid is returned to the Fund, and that individual is not otherwise ineligible for such annuity.
(Added
Editorial Notes
References in Text
The Social Security Act, referred to in subsec. (a)(3), is act Aug. 14, 1935, ch. 531,
Amendments
1996—Subsec. (b).
1986—Subsec. (a)(2).
Statutory Notes and Related Subsidiaries
Effective Date of 1996 Amendment
Amendment by
§8444. Rights of a named individual with an insurable interest
The annuity of a survivor named under section 8420(a) is 55 percent of the reduced annuity of the retired employee or Member determined under paragraph (2) of such section 8420(a). The annuity of the survivor commences on the day after the retired employee or Member dies. This annuity and the right thereto terminate on the last day of the month before the survivor dies.
(Added
§8445. Rights of a former spouse
(a) Subject to subsections (b) through (e), a former spouse of a deceased employee, Member, or annuitant (or of a former employee or Member who dies after having separated from the service with title to a deferred annuity under section 8413 but before having established a valid claim for annuity) is entitled to an annuity under this section, if and to the extent expressly provided for in an election under section 8417(b), or in the terms of any decree of divorce or annulment or any court order or court-approved property settlement agreement incident to such decree.
(b)(1) The annuity payable to a former spouse under this section may not exceed the difference between—
(A) the amount applicable in the case of such former spouse, as determined under paragraph (2); and
(B) the amount of any annuity payable under this section to any other former spouse of the employee, Member, or annuitant, or former employee or Member, based on an election previously made under section 8417(b), or a court order previously issued or agreement previously entered into as described in subsection (a).
(2) The applicable amount, for purposes of paragraph (1)(A) in the case of a former spouse, is the amount of the annuity which would be payable under the provisions of section 8442 (including subsection (f) of such section, but without regard to subsection (h) of such section) if such former spouse were a widow or widower entitled to an annuity under such provisions based on the service of the deceased employee, Member, or annuitant, or former employee or Member.
(c) The commencement and termination of an annuity payable under this section shall be governed by the terms of the applicable order, decree, agreement, or election, as the case may be, except that any such annuity—
(1) shall not commence before—
(A) the day after the employee, Member, or annuitant, or former employee or Member, dies; or
(B) the first day of the second month beginning after the date on which the Office receives written notice of the order, decree, agreement, or election, as the case may be, together with such additional information or documentation as the Office may prescribe;
whichever is later; and
(2) except as provided in subsection (h), shall terminate no later than the last day of the month before the former spouse remarries before becoming 55 years of age or dies.
(d) For purposes of this chapter, a modification in a decree, order, agreement, or election referred to in subsection (a) shall not be effective—
(1) if such modification is made after the retirement or death of the employee, Member, or annuitant, or former employee or Member, concerned; and
(2) to the extent that such modification involves an annuity under this section.
(e) For purposes of this chapter, a decree, order, agreement, or election referred to in subsection (a) shall not be effective, in the case of a former spouse, to the extent that it is inconsistent with any joint waiver previously executed with respect to such former spouse under section 8416(a).
(f)(1) Any amount under section 8442(b)(1)(A) which would otherwise be payable to a widow or widower based on the service of another individual shall be paid (in whole or in part) by the Office to a former spouse of such individual if and to the extent expressly provided for in the terms of a court decree of divorce, annulment, or legal separation, or the terms of a court order or court-approved property settlement incident to any decree of divorce, annulment, or legal separation.
(2) Paragraph (1) shall apply only to payments made by the Office after the date of receipt in the Office of written notice of such decree, order, or agreement, and such additional information and documentation as the Office may prescribe.
(g) Any payment under this section to a person bars recovery by any other person.
(h)(1) Subsection (c)(2) (to the extent that it provides for termination of a survivor annuity because of a remarriage before age 55) shall not apply if the former spouse was married for at least 30 years to the individual on whose service the survivor annuity is based.
(2) A remarriage described in paragraph (1) shall not be taken into account for purposes of section 8419(b)(1)(B) or any other provision of this chapter which the Office may by regulation identify in order to carry out the purposes of this subsection.
(Added
Editorial Notes
Amendments
1997—Subsec. (c)(2).
Subsec. (h).
Statutory Notes and Related Subsidiaries
Effective Date of 1997 Amendment
Amendment by
SUBCHAPTER V—DISABILITY BENEFITS
§8451. Disability retirement
(a)(1)(A) An employee who completes at least 18 months of civilian service creditable under section 8411 and has become disabled shall be retired on the employee's own application or on application by the employee's agency.
(B) For purposes of this subsection, an employee shall be considered disabled only if the employee is found by the Office to be unable, because of disease or injury, to render useful and efficient service in the employee's position.
(2)(A) Notwithstanding paragraph (1), an employee shall not be eligible for disability retirement under this section if the employee has declined a reasonable offer of reassignment to a vacant position in the employee's agency for which the employee is qualified if the position—
(i) is at the same grade (or pay level) as the employee's most recent grade (or pay level) or higher;
(ii) is within the employee's commuting area; and
(iii) is one in which the employee would be able to render useful and efficient service.
(B) An employee who is applying for disability retirement under this subchapter shall be considered for reassignment by the employee's agency to a vacant position described in subparagraph (A) in accordance with such procedures as the Office shall by regulation prescribe.
(C) An employee is entitled to appeal to the Merit Systems Protection Board under section 7701 any determination that the employee is not unable, because of disease or injury, to render useful and efficient service in a position to which the employee has declined reassignment under this section.
(D) For purposes of subparagraph (A), an employee of the United States Postal Service shall not be considered qualified for a position if such position is in a different craft or if reassignment to such position would be inconsistent with the terms of a collective-bargaining agreement covering the employee.
(b) A Member who completes at least 18 months of service as a Member and is found by the Office to be disabled for useful and efficient service as a Member because of disease or injury shall be retired on the Member's own application.
(c) An employee or Member retiring under this section is entitled to an annuity computed under section 8452.
(Added
§8452. Computation of disability annuity
(a)(1)(A) Except as provided in paragraph (2), or subsection (b), (c), or (d), the annuity of an annuitant under this subchapter—
(i) for the period beginning on the date on which such annuity commences, or is restored (as described in section 8455(b)(2) or (3)), and ending at the end of the twelfth month beginning on or after such date, shall be equal to 60 percent of the annuitant's average pay; and
(ii) after the end of the period referred to in clause (i), shall be equal to 40 percent of the annuitant's average pay.
(B) An annuity computed under this paragraph—
(i) shall not, during any period referred to in subparagraph (A)(i), be adjusted under section 8462; but
(ii) shall, after the end of any period referred to in subparagraph (A)(i), be adjusted to reflect all adjustments made under section 8462(b) after the end of the period referred to in subparagraph (A)(i), whether the amount actually payable to the annuitant under this section in any month is determined under this subsection or otherwise.
(2)(A) For any month in which an annuitant is entitled both to an annuity under this subchapter as computed under paragraph (1) and to a disability insurance benefit under section 223 of the Social Security Act, the annuitant's annuity for such month (as so computed) shall—
(i) if such month occurs during a period referred to in paragraph (1)(A)(i), be reduced by 100 percent of the annuitant's assumed disability insurance benefit for such month; or
(ii) if such month occurs other than during a period referred to in paragraph (1)(A)(i), be reduced by 60 percent of the annuitant's assumed disability insurance benefit for such month;
except that an annuity may not be reduced below zero by reason of this paragraph.
(B)(i) For purposes of this paragraph, the assumed disability insurance benefit of an annuitant for any month shall be equal to—
(I) the amount of the disability insurance benefit to which the annuitant is entitled under section 223 of the Social Security Act for the month in which the annuity under this subchapter commences, or is restored, or, if no entitlement to such disability insurance benefits exists for such month, the first month thereafter for which the annuitant is entitled both to an annuity under this subchapter and disability insurance benefits under section 223 of the Social Security Act, adjusted by
(II) all adjustments made under section 8462(b) after the end of the period referred to in paragraph (1)(A)(i) (or, if later, after the end of the month preceding the first month for which the annuitant is entitled both to an annuity under this subchapter and disability insurance benefits under section 223 of the Social Security Act) and before the start of the month involved (without regard to whether the annuitant's annuity was affected by any of those adjustments).
(ii) For purposes of applying section 224 of the Social Security Act to the assumed disability insurance benefit used to compute the reduction under this paragraph, the amount of the annuity under this subchapter which is considered shall be the amount of the annuity as determined before the application of this paragraph.
(3) Section 8462 shall apply with respect to amounts under this subsection only as provided in paragraphs (1) and (2).
(b)(1) Except as provided in subsection (d), if an annuitant is entitled to an annuity under this subchapter as of the day before the date of the sixty-second anniversary of the annuitant's birth (hereinafter in this section referred to as the annuitant's "redetermination date"), such annuity shall be redetermined by the Office in accordance with paragraph (2). Effective as of the annuitant's redetermination date, the annuity (as so redetermined) shall be in lieu of any annuity to which such annuitant would otherwise be entitled under this subchapter.
(2)(A) An annuity redetermined under this subsection shall be equal to the amount of the annuity to which the annuitant would be entitled under section 8415, taking into account the provisions of subparagraph (B).
(B) In performing a computation under this paragraph—
(i) creditable service of an annuitant shall be increased by including any period (or periods) before the annuitant's redetermination date during which the annuitant was entitled to an annuity under this subchapter; and
(ii) the average pay which would otherwise be used shall be adjusted to reflect all adjustments made under section 8462(b) with respect to any period (or periods) referred to in clause (i) (without regard to whether the annuitant's annuity was affected by any of those adjustments).
(c) Except as provided in subsection (d), the annuity of an annuitant under this subchapter shall be computed under section 8415 if—
(1) such annuity commences, or is restored, beginning on or after the redetermination date of the annuitant; or
(2) as of the day on which such annuity commences, or is restored, the annuitant satisfies the age and service requirements for entitlement to an annuity under section 8412 (other than subsection (g) of such section).
(d)(1) The annuity to which an annuitant is entitled under this section (after the reduction under subsection (a)(2), if applicable, has been made) shall not be less than the amount of an annuity computed under section 8415 (excluding subsection (h) of such section).
(2) In applying this subsection with respect to any annuitant, the amount of an annuity so computed under section 8415 shall be adjusted under section 8462 (including subsection (c) thereof)—
(A) to the same extent, and otherwise in the same manner, as if it were an annuity—
(i) subject to adjustment under such section; and
(ii) with a commencement date coinciding with the date the annuitant's annuity commenced or was restored under this subchapter, as the case may be; and
(B) whether the amount actually payable to the annuitant under this section in any month is determined under this subsection or otherwise.
(Added
Editorial Notes
References in Text
Sections 223 and 224 of the Social Security Act, referred to in subsec. (a)(2), are classified to sections 423 and 424a, respectively, of Title 42, The Public Health and Welfare.
Amendments
2012—Subsec. (d)(1).
2003—Subsec. (d)(1).
1988—Subsec. (a)(1)(B).
Subsec. (a)(2)(B)(i).
"(I) the amount of the disability insurance benefit to which the annuitant would have been entitled under section 223 of the Social Security Act for the month in which the annuity under this subchapter commenced, or was restored, determined as if such annuitant had then satisfied all requirements for entitlement to a benefit under such section, adjusted by
"(II) all adjustments made under section 8462(b) between the date on which the annuity commenced, or was restored, and the start of the month involved (without regard to whether the annuitant's annuity was affected by any of those adjustments).
For purposes of computing the assumed disability insurance benefit, the month in which the annuitant's disability began (as determined under section 216(i)(2)(C) of the Social Security Act) shall be the month in which the annuity commenced or, if earlier (and if a determination was actually made) the month determined under such section."
Subsec. (a)(3).
Subsec. (b).
Subsec. (d).
1986—Subsec. (b)(3).
Subsec. (d).
Statutory Notes and Related Subsidiaries
Effective Date of 2003 Amendment
Amendment by
Effective Date of 1988 Amendment
Section 122(d) of
§8453. Application
A claim may be allowed under this subchapter only if application is filed with the Office before the employee or Member is separated from the service or within 1 year thereafter. This time limitation may be waived by the Office for an employee or Member who, at the date of separation from service or within 1 year thereafter, is mentally incompetent if the application is filed with the Office within 1 year from the date of restoration of the employee or Member to competency or the appointment of a fiduciary, whichever is earlier.
(Added
§8454. Medical examination
An annuitant receiving a disability retirement annuity from the Fund shall be examined under the direction of the Office—
(1) at the end of 1 year from the date of the disability retirement; and
(2) annually thereafter until becoming 60 years of age;
unless the disability is permanent in character. If the annuitant fails to submit to examination as required by this section, payment of the annuity shall be suspended until continuance of the disability is satisfactorily established.
(Added
§8455. Recovery; restoration of earning capacity
(a)(1) If an annuitant receiving a disability retirement annuity from the Fund recovers from the disability before becoming 60 years of age, payment of the annuity terminates on reemployment by the Government or 1 year after the date on which the Office determines that the annuitant has recovered, whichever is earlier.
(2) If an annuitant receiving a disability annuity from the Fund, before becoming 60 years of age, is restored to an earning capacity fairly comparable to the current rate of pay of the position occupied at the time of retirement, payment of the annuity terminates 180 days after the end of the calendar year in which earning capacity is so restored. Earning capacity is deemed restored if in any calendar year the income of the annuitant from wages or self-employment or both equals at least 80 percent of the current rate of pay of the position occupied immediately before retirement.
(b)(1) If an annuitant whose annuity is terminated under subsection (a) is not reemployed in a position in which that individual is subject to this chapter, such individual is deemed, except for service credit, to have been involuntarily separated from the service for the purpose of subchapter II of this chapter as of the date of termination of the disability annuity, and after that termination is entitled to annuity under the applicable provisions of such subchapter.
(2) If an annuitant whose annuity is terminated under subsection (a)(2)—
(A) is not reemployed in a position subject to this chapter; and
(B) has not recovered from the disability for which that individual was retired;
the annuity of such individual shall be restored at the applicable rate under section 8452 effective the first of the year following any calendar year in which such individual's income from wages or self-employment or both is less than 80 percent of the current rate of pay of the position occupied immediately before retirement.
(3) If an annuitant whose annuity is terminated because of a medical finding that the individual has recovered from disability is not reemployed in a position in which such individual is subject to this chapter, the annuity of such individual shall be restored at the applicable rate under section 8452 effective from the date on which the Office determines that there has been a recurrence of the disability.
(4) Paragraphs (2) and (3) shall not apply in the case of an annuitant receiving an annuity from the Fund under subchapter II of this chapter.
(Added
§8456. Military reserve technicians
(a)(1) Except as provided in paragraph (2) or (3), an individual shall be retired under this subchapter if the individual—
(A) is separated from employment as a military reserve technician by reason of a disability that disqualifies the individual from membership in a reserve component of the Armed Forces specified in
(B) is not considered to be disabled under section 8451(a)(1)(B);
(C) is not appointed to a position in the Government (whether under subsection (b) or otherwise); and
(D) has not declined an offer of an appointment to a position in the Government under subsection (b).
(2) Payment of any annuity for an individual pursuant to this section terminates—
(A) on the date the individual is appointed to a position in the Government (whether pursuant to subsection (b) or otherwise);
(B) on the date the individual declines an offer of appointment to a position in the Government under subsection (b); or
(C) as provided under section 8455(a).
(3) An individual eligible to retire under section 8414(c) shall not be eligible to retire under this section.
(b) Any individual applying for or receiving any annuity pursuant to this section shall, in accordance with regulations prescribed by the Office, be considered by any agency of the Government before any vacant position in the agency is filled if—
(1) the position is located within the commuting area of the individual's former position;
(2) the individual is qualified to serve in such position, as determined by the head of the agency; and
(3) the position is at the same grade or equivalent level as the position from which the individual was separated.
(Added
Editorial Notes
Prior Provisions
A prior section 8456, added
Amendments
1994—Subsec. (a)(1)(A).
1988—
1986—Subsec. (a)(1)(C), (D), (2)(A), (B).
Statutory Notes and Related Subsidiaries
Effective Date of 1994 Amendment
Amendment by
[§8457. Renumbered §8456]
SUBCHAPTER VI—GENERAL AND ADMINISTRATIVE PROVISIONS
§8461. Authority of the Office of Personnel Management
(a) The Office shall pay all benefits that are payable under subchapter II, IV, V, or VI of this chapter from the Fund.
(b) The Office shall administer all provisions of this chapter not specifically required to be administered by the Board, the Executive Director, the Secretary of Labor, or any other officer or agency.
(c) The Office shall adjudicate all claims under the provisions of this chapter administered by the Office.
(d) The Office shall determine questions of disability and dependency arising under the provisions of this chapter administered by the Office. Except to the extent provided under subsection (e), the decisions of the Office concerning these matters are final and conclusive and are not subject to review. The Office may direct at any time such medical or other examinations as it considers necessary to determine the facts concerning disability or dependency of an individual receiving or applying for annuity under the provisions of this chapter administered by the Office. The Office may suspend or deny annuity for failure to submit to examination.
(e)(1) Subject to paragraph (2), an administrative action or order affecting the rights or interests of an individual or of the United States under the provisions of this chapter administered by the Office may be appealed to the Merit Systems Protection Board under procedures prescribed by the Board.
(2) In the case of any individual found by the Office to be disabled in whole or in part on the basis of the individual's mental condition, and that finding was made pursuant to an application by an agency for purposes of disability retirement under section 8451, the procedures under section 7701 shall apply and the decision of the Board shall be subject to judicial review under section 7703.
(f) The Office shall fix the fees for examinations made under subchapter V of this chapter by physicians or surgeons who are not medical officers of the United States. The fees and reasonable traveling and other expenses incurred in connection with the examinations are paid from appropriations for the cost of administering the provisions of this chapter administered by the Office.
(g) The Office may prescribe regulations to carry out the provisions of this chapter administered by the Office.
(h)(1) Each Government agency shall furnish the Director with such information as the Director determines necessary in order to administer this chapter.
(2) The Director, in consultation with the officials from whom such information is requested, shall establish (by regulation or otherwise) such safeguards as are necessary to ensure that information made available under this subsection is used only for the purpose authorized.
(i) In making a determination of "actuarial equivalence" under this chapter, the economic assumptions used shall be the same as the economic assumptions most recently used by the Office (before the determination of actuarial equivalence involved) in determining the normal-cost percentage of the System.
(j)(1) Notwithstanding any other provision of this chapter, the Director of Central Intelligence shall, in a manner consistent with the administration of this chapter by the Office, and to the extent considered appropriate by the Director of Central Intelligence—
(A) determine entitlement to benefits under this chapter based on the service of employees of the Central Intelligence Agency;
(B) maintain records relating to the service of such employees;
(C) compute benefits under this chapter based on the service of such employees;
(D) collect deposits to the Fund made by such employees, their spouses, their former spouses, and their survivors;
(E) authorize and direct disbursements from the Fund to the extent based on service of such employees; and
(F) perform such other functions under this chapter (other than under subchapters III and VII of this chapter) with respect to employees of the Central Intelligence Agency as the Director of Central Intelligence, in consultation with the Director of the Office of Personnel Management, determines to be appropriate.
(2) The Director of the Office of Personnel Management shall furnish such information and, on a reimbursable basis, such services to the Director of Central Intelligence as the Director of Central Intelligence requests to carry out paragraph (1).
(k)(1) The Director of Central Intelligence, in consultation with the Executive Director of the Federal Retirement Thrift Investment Board, may—
(A) maintain exclusive records relating to elections, contributions, and accounts under the Thrift Savings Plan provided in subchapter III of this chapter in the case of employees of the Central Intelligence Agency;
(B) provide that contributions by, or on behalf of, such employees to the Thrift Savings Plan be accounted for by such Executive Director in aggregate amounts;
(C) make the necessary disbursements from, and the necessary allocations of earnings, losses, and charges to, individual accounts of such employees under the Thrift Savings Plan; and
(D) perform such other functions under subchapters III and VII of this chapter (but not including investing sums in the Thrift Savings Fund) with respect to employees of the Central Intelligence Agency as the Director of Central Intelligence, in consultation with the Executive Director of the Federal Retirement Thrift Investment Board, determines to be appropriate.
(2) The Executive Director of the Federal Retirement Thrift Investment Board may not exercise authority under this chapter in the case of employees of the Central Intelligence Agency to the extent that the Director of Central Intelligence exercises authority provided in paragraph (1).
(3) The Executive Director of the Federal Retirement Thrift Investment Board shall furnish such information and, on a reimbursable basis, such services to the Director of Central Intelligence as the Director of Central Intelligence determines necessary to carry out this subsection.
(l) Subsection (h)(1), and sections 8439(b) and 8474(c)(4), shall be applied with respect to information relating to employees of the Central Intelligence Agency in a manner that protects intelligence sources, methods, and activities.
(m)(1) The Director of Central Intelligence, in consultation with the Director of the Office of Personnel Management and the Executive Director of the Federal Retirement Thrift Investment Board, shall by regulation prescribe appropriate procedures to carry out subsections (j), (k), and (l).
(2) The regulations shall provide procedures for the Director of the Office of Personnel Management to inspect and audit disbursements from the Fund under this chapter.
(3) The Director of Central Intelligence shall submit the regulations prescribed under paragraph (1) to the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives before the regulations take effect.
(n)(1) Under regulations prescribed by the Office, an employee who—
(A) has not previously made an election under this subsection or had an opportunity to make an election under this paragraph; and
(B) moves, without a break in service of more than 1 year, to employment in a nonappropriated fund instrumentality of the Department of Defense or the Coast Guard, respectively, described in section 2105(c),
shall be given the opportunity to elect irrevocably, within 30 days after such move, to remain covered as an employee under this chapter during any employment described in section 2105(c) after such move.
(2) Under regulations prescribed by the Office, an employee of a nonappropriated fund instrumentality of the Department of Defense or the Coast Guard described in section 2105(c), who—
(A) has not previously made an election under this subsection or had an opportunity to make an election under this paragraph;
(B) is a participant in a retirement system established for employees described in section 2105(c);
(C) moves, without a break in service of more than 1 year, to a position that is not described by section 2105(c); and
(D) is not eligible to make an election under section 8347(q),
shall be given the opportunity to elect irrevocably, within 30 days after such move, to remain covered, during any subsequent employment as an employee as defined by section 2105(a) or section 2105(c), by the retirement system applicable to such employee's current or most recent employment described by section 2105(c) rather than be subject to this chapter.
(Added
Editorial Notes
Amendments
2001—Subsec. (n)(1).
Subsec. (n)(2)(B).
1996—Subsec. (n)(1).
Subsec. (n)(2)(C).
1992—Subsec. (n)(1)(A), (2)(A).
Subsec. (n)(2)(D).
1990—Subsec. (n).
1986—Subsec. (m)(2).
Statutory Notes and Related Subsidiaries
Change of Name
Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director's capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director's capacity as the head of the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (b) of
Effective Date of 1996 Amendment
For effective date of amendments by
Effective Date of 1992 Amendment
Amendment by
Effective Date of 1990 Amendment
Amendment by
Regulations; Effective Date of 1996 Amendment
For provisions relating to promulgation of regulations necessary to carry out amendment by
Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see
Treatment of Individuals Electing To Remain Subject to Their Former Retirement System
For provisions relating to the deductions and contributions required with respect to individuals electing under
§8462. Cost-of-living adjustments
(a) For the purpose of this section—
(1) the term "base quarter", as used with respect to a year, means the calendar quarter ending on September 30 of such year;
(2) the price index for a base quarter is the arithmetical mean of such index for the 3 months comprising such quarter; and
(3) the term "percent change in the price index", as used with respect to a year, means the percentage derived by—
(A) reducing—
(i) the price index for the base quarter of such year, by
(ii) the price index for the base quarter of the preceding year in which an adjustment under this subsection was made;
(B) dividing the difference under subparagraph (A) by the price index referred to in subparagraph (A)(ii); and
(C) multiplying the quotient under subparagraph (B) by 100.
(b)(1) Except as provided in subsection (c), effective December 1 of any year in which an adjustment under this subsection is to be made, as determined under paragraph (2), each annuity payable from the Fund under this chapter (other than an annuity under section 8443) having a commencing date not later than such December 1 shall be adjusted as follows:
(A) If the percent change in the price index for the year does not exceed 3 percent, each annuity subject to adjustment under this subsection shall be increased by the lesser of—
(i) the percent change in the price index (rounded to the nearest one-tenth of 1 percent); or
(ii) 2 percent.
(B) If the percent change in the price index for the year exceeds 3 percent, each annuity subject to adjustment under this subsection shall be increased by the excess of—
(i) the percent change in the price index (rounded to the nearest one-tenth of 1 percent), over
(ii) 1 percent.
(2) An adjustment under this subsection shall be made in a year only if the price index for the base quarter of such year exceeds the price index for the base quarter of the preceding year in which an adjustment under this subsection was made.
(3) An annuity under this chapter shall not be subject to adjustment under section 8340. Nothing in the preceding sentence shall affect the computation of any amount under section 8443(a)(2).
(c) Eligibility for an annuity increase under this section is governed by the commencing date of each annuity payable from the Fund as of the effective date of an increase, except as follows:
(1) The first increase (if any) made under subsection (b) to an annuity which is payable from the Fund to an annuitant or survivor (other than a child under section 8443) whose annuity has not been increased under this subsection or subsection (b) shall be equal to the product (adjusted to the nearest one-tenth of 1 percent) of—
(A) one-twelfth of the applicable percent change computed under subsection (b), multiplied by
(B) the number of months (not to exceed 12 months, counting any portion of a month as a month)—
(i) for which the annuity was payable from the Fund before the effective date of the increase; or
(ii) in the case of a survivor of a deceased annuitant whose annuity has not been so increased, since the annuity was first payable to the deceased annuitant.
(2) Effective from its commencing date, an annuity payable from the Fund to an annuitant's survivor (other than a widow or widower whose annuity is computed under section 8442(g) or a child under section 8443) shall be increased by the total percentage by which the deceased annuitant's annuity had been increased under this section during the period beginning on the date the deceased annuitant's annuity commenced and ending on the date of the deceased annuitant's death.
(3)(A) An adjustment under subsection (b) for any year shall not be effective with respect to the annuity of an annuitant who is under 62 years of age as of the date on which such adjustment would otherwise first take effect.
(B)(i) Except as provided in clause (ii), this paragraph applies only with respect to an annuitant under section 8412, 8413, or 8414.
(ii) This paragraph does not apply with respect to an annuitant under subsection (d)(1) or (e) of section 8412 or (in the case of an annuitant separated from service as a military reserve technician as a result of disability) under section 8414(c).
(4) The first increase (if any) made under subsection (b) to an annuity which is payable from the Fund to a widow or widower whose annuity is computed under section 8442(g) shall be equal to the product (adjusted to the nearest one-tenth of 1 percent) of—
(A) one-twelfth of the applicable percent change computed under subsection (b), multiplied by
(B) the number of months (not to exceed 12 months, counting any portion of a month as a month) since—
(i) the effective date of the adjustment last made under this section in the annuity of the annuitant on whose service on the widow's or widower's annuity is based; or
(ii) if the annuity of the annuitant (referred to in clause (i)) has not been increased under this section, the commencement date of such annuitant's annuity (determined subject to section 8452(a)(1)(B)).
(d) The monthly installment of an annuity after adjustment under this section shall be rounded to the next lowest dollar. However, the monthly installment shall, after adjustment, reflect an increase of at least $1.
(e) The $15,000 amount referred to in section 8442(b)(1)(A)(ii) shall be increased at the same time that, and by the same percent as the percentage by which, annuities under subchapter III of
(Added
Applicability of Amendment
For provisions relating to delayed applicability of amendment by
Editorial Notes
Amendments
2022—Subsec. (c)(3)(B)(ii).
1986—Subsec. (b)(3).
Statutory Notes and Related Subsidiaries
Effective Date of 2022 Amendment
Amendment by
Delay in Cost-of-Living Adjustments During Fiscal Years 1994, 1995, and 1996
Any cost-of-living increase scheduled to take effect during fiscal year 1994, 1995, or 1996 under subsec. (b) of this section delayed until first day of third calendar month after date such increase would otherwise take effect, see section 11001 of
§8463. Rate of benefits
Each annuity payable from the Fund is stated as an annual amount, one-twelfth of which, rounded to the next lower dollar, constitutes the monthly rate payable on the first business day of the first month beginning after the month for which it has accrued.
(Added
§8464. Commencement and termination of annuities of employees and Members
(a)(1) Except as otherwise provided in this chapter—
(A) an annuity payable from the Fund commences on the first day of the month after—
(i) separation from the service, in the case of an employee or Member retiring under section 8412, or subsection (a), (b)(1)(B), or (d) of section 8414; or
(ii) pay ceases, and the applicable age and service requirements are met, in the case of an employee or Member retiring under section 8413;
(B) an annuity payable from the Fund commences on the day after separation from the service in the case of an employee retiring under subsection (b)(1)(A) or (c) of section 8414; and
(C) an annuity payable from the Fund commences on the day after separation from the service or the day after pay ceases and the requirements for title to an annuity are met in the case of an employee or Member retiring under section 8451.
(2) Notwithstanding paragraph (1)(A)(i), an annuity payable from the Fund commences on the day after separation from the service in the case of an employee or Member—
(A) who retires under section 8412; and
(B) whose separation occurs upon the expiration of a term (or other period) for which the individual was appointed or elected.
(b) Except as otherwise provided in this chapter, the annuity of an annuitant under subchapter II or V of this chapter terminates on the date death or other terminating event occurs.
(Added
Editorial Notes
Amendments
2001—Subsec. (a)(1)(A)(i).
2000—Subsec. (a)(1)(A)(i).
1999—Subsec. (a)(1)(A)(i).
1998—Subsec. (a)(1)(A)(i).
Statutory Notes and Related Subsidiaries
Effective Date of 2001 Amendment
§8464a. Relationship between annuity and workers' compensation
(a)(1) An individual is not entitled to receive—
(A) an annuity under subchapter II or V, and
(B) compensation for injury to, or disability of, such individual under subchapter I of
covering the same period of time.
(2) An individual is not entitled to receive an annuity under subchapter IV and a concurrent benefit under subchapter I of
(3) Paragraphs (1) and (2) do not bar the right of a claimant to the greater benefit conferred by either this chapter or subchapter I of
(b) If an individual is entitled to an annuity under subchapter II, IV, or V, and the individual receives a lump-sum payment for compensation under section 8135 based on the disability or death of the same person, so much of the compensation as has been paid for a period extended beyond the date payment of the annuity commences, as determined by the Department of Labor, shall be refunded to that Department for credit to the Employees' Compensation Fund. Before the individual may receive the annuity, the individual shall—
(1) refund to the Department of Labor the amount representing the commuted compensation payments for the extended period; or
(2) authorize the deduction of the amount from the annuity.
Deductions from the annuity may be made from accrued or accruing payments. The amounts deducted and withheld from the annuity shall be transmitted to the Department of Labor for reimbursement to the Employees' Compensation Fund. When the Department of Labor finds that the financial circumstances of an individual entitled to an annuity under subchapter II, IV, or V warrant deferred refunding, deductions from the annuity may be prorated against and paid from accruing payments in such manner as the Department determines appropriate.
(Added
Editorial Notes
Prior Provisions
Provisions similar to this section were contained in
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Jan. 1, 1987, and applicable with respect to benefits payable based on a death or disability occurring on or after that date, see section 124(c) of
§8465. Waiver, allotment, and assignment of benefits
(a) An individual entitled to an annuity payable from the Fund may decline to accept all or any part of the amount of the annuity by a waiver signed and filed with the Office. The waiver may be revoked in writing at any time. Payment of the annuity waived may not be made for the period during which the waiver is in effect.
(b) An individual entitled to an annuity payable from the Fund may make allotments or assignments of amounts from the annuity for such purposes as the Office considers appropriate.
(Added
§8466. Application for benefits
(a) No payment of benefits based on the service of an employee or Member shall be made from the Fund unless an application for payment of the benefits is received by the Office before the one hundred and fifteenth anniversary of the birth of the employee or Member.
(b) Notwithstanding subsection (a), after the death of an employee, Member, or annuitant, or former employee or Member, a benefit based on the service of such employee, Member, or annuitant, or former employee or Member, shall not be paid under subchapter II or IV of this chapter unless an application therefor is received by the Office within 30 years after the death or other event which establishes the entitlement to the benefit.
(c)(1) Payment due a minor, or an individual mentally incompetent or under other legal disability, may be made to the person (including an organization) who is constituted guardian or other fiduciary by the law of the State of residence of the claimant or is otherwise legally vested with the care of the claimant or his estate. If a guardian or other fiduciary of the individual under legal disability has not been appointed under the law of the State of residence of the claimant, payment may be made to any person (including an organization) who, in the judgment of the Office, is responsible for the care of the claimant and may appropriately receive such payments on behalf of the claimant, and the payment bars recovery by any other person.
(2) If the Office determines that direct payment of a benefit to an individual mentally incompetent or under other legal disability would cause substantial harm to the individual, the Office may defer or suspend direct payment of the benefit until such time as the appointment of a representative payee is made. The Office shall resume payment as soon as practicable, including all amounts due.
(d) The Office may not authorize a person to receive payments on behalf of a minor or individual of legal disability under subsection (c) if that person has been convicted of a violation of—
(1) section 8345a or 8466a;
(2) section 208 or 1632 of the Social Security Act (
(3)
(Added
Editorial Notes
Amendments
2020—Subsec. (c).
Subsec. (d).
Statutory Notes and Related Subsidiaries
Effective Date of 2020 Amendment
Amendment by
Regulations
Regulations to carry out amendment by
§8466a. Embezzlement or conversion of payments
(a)
(1)
(2)
(A) revoke the certification for payment of benefits to the representative payee; and
(B) certify payment—
(i) to another representative payee; or
(ii) if the interest of the individual under this title would be served thereby, to the individual.
(b)
(Added
Statutory Notes and Related Subsidiaries
Effective Date
Section effective on Mar. 18, 2020, and applicable on and after the effective date of regulations promulgated under section 3(b)(1) of
Regulations
Regulations to carry out this section to be promulgated by Office of Personnel Management no later than 1 year after Mar. 18, 2020, with allowance for additional regulations relating to administration of representative payee program, see section 3(b) of
§8467. Court orders
(a) Payments under this chapter which would otherwise be made to an employee, Member, or annuitant (including an employee, Member, or annuitant as defined in section 8331) based on service of that individual shall be paid (in whole or in part) by the Office or the Executive Director, as the case may be, to another person if and to the extent expressly provided for in the terms of—
(1) any court decree of divorce, annulment, or legal separation, or the terms of any court order or court-approved property settlement agreement incident to any court decree of divorce, annulment, or legal separation; or
(2) any court order or other similar process in the nature of garnishment for the enforcement of a judgment rendered against such employee, Member, or annuitant, for physically, sexually, or emotionally abusing a child.
In the event that the Office or the Executive Director, as the case may be, is served with more than 1 decree, order, or other legal process with respect to the same moneys due or payable to any individual, such moneys shall be available to satisfy such processes on a first-come, first-served basis, with any such process being satisfied out of such moneys as remain after the satisfaction of all such processes which have been previously served.
(b) Subsection (a) shall apply only to payments made by the Office or the Executive Director under this chapter after the date on which the Office or the Executive Director (as the case may be) receives written notice of such decree, order, other legal process, or agreement, and such additional information and documentation as the Office or the Executive Director may require.
(c) For the purpose of this section—
(1) the term "judgment rendered for physically, sexually, or emotionally abusing a child" means any legal claim perfected through a final enforceable judgment, which claim is based in whole or in part upon the physical, sexual, or emotional abuse of a child, whether or not that abuse is accompanied by other actionable wrongdoing, such as sexual exploitation or gross negligence; and
(2) the term "child" means an individual under 18 years of age.
(Added
Editorial Notes
Amendments
1994—Subsec. (a).
Subsec. (b).
Subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 1994 Amendment
Amendment by
§8468. Annuities and pay on reemployment
(a) If an annuitant, except a disability annuitant whose annuity is terminated because of the annuitant's recovery or restoration of earning capacity, becomes employed in an appointive or elective position, an amount equal to the annuity allocable to the period of actual employment shall be deducted from the annuitant's pay, except for lump-sum leave payment purposes under section 5551. Unless the annuitant's appointment is on an intermittent basis or is to a position as a justice or judge (as defined by
(b)(1)(A) If an annuitant subject to deductions under the second sentence of subsection (a) serves on a full-time basis for at least 1 year, or on a part-time basis for periods equivalent to at least 1 year of full-time service, the annuitant's annuity on termination of reemployment shall be increased by an annuity computed under section 8415(a) through (i) as may apply based on the period of reemployment and the basic pay, before deduction, averaged during the reemployment.
(B)(i) If the annuitant is receiving a reduced annuity as provided in section 8419, the increase in annuity payable under subparagraph (A) is reduced by 10 percent and the survivor annuity or combination of survivor annuities payable under section 8442 or 8445 (or both) is increased by 50 percent of the increase in annuity payable under subparagraph (A), unless, at the time of claiming the increase payable under subparagraph (A), the annuitant notifies the Office in writing that the annuitant does not desire the survivor annuity to be increased.
(ii) If an annuitant who is subject to the deductions referred to in subparagraph (A) dies while still reemployed, after having been reemployed for not less than 1 year of full-time service (or the equivalent thereof, in the case of full-time 1 employment), the survivor annuity payable is increased as though the reemployment had otherwise terminated.
(2)(A) If an annuitant subject to deductions under the second sentence of subsection (a) serves on a full-time basis for at least 5 years, or on a part-time basis for periods equivalent to at least 5 years of full-time service, the annuitant may elect, instead of the benefit provided by paragraph (1), to have such annuitant's rights redetermined under this chapter.
(B) If an annuitant who is subject to the deductions referred to in subparagraph (A) dies while still reemployed, after having been reemployed for at least 5 years of full-time service (or the equivalent thereof in the case of part-time employment), any person entitled to a survivor annuity under section 8442 or 8445 based on the service of such annuitant shall be permitted to elect, in accordance with regulations prescribed by the Office of Personnel Management, to have such person's rights under subchapter IV redetermined. A redetermined survivor annuity elected under this subparagraph shall be in lieu of an increased annuity which would otherwise be payable in accordance with paragraph (1)(B)(ii).
(3) If an annuitant subject to deductions under the second sentence of subsection (a) serves on a full-time basis for a period of less than 1 year, or on a part-time basis for periods equivalent to less than 1 year of full-time service, the total amount withheld under section 8422(a) from the annuitant's basic pay for the period or periods involved shall, upon written application to the Office, be payable to the annuitant (or the appropriate survivor or survivors, determined in the order set forth in section 8424(d)).
(c) This section does not apply to an individual appointed to serve as a Governor of the Board of Governors of the United States Postal Service.
(d) If an annuitant becomes employed as a justice or judge of the United States, as defined by
(e) A reference in this section to an "annuity" shall not be considered to include any amount payable from a source other than the Fund.
(f)(1) The Director of the Office of Personnel Management may, at the request of the head of an Executive agency—
(A) waive the application of the preceding provisions of this section on a case-by-case basis for employees in positions for which there is exceptional difficulty in recruiting or retaining a qualified employee; or
(B) grant authority to the head of such agency to waive the application of the preceding provisions of this section, on a case-by-case basis, for an employee serving on a temporary basis, but only if, and for so long as, the authority is necessary due to an emergency involving a direct threat to life or property or other unusual circumstances.
(2) The Office shall prescribe regulations for the exercise of any authority under this subsection, including criteria for any exercise of authority and procedures for terminating a delegation of authority under paragraph (1)(B).
(g)(1) If warranted by circumstances described in subsection (f)(1)(A) or (B) (as applicable), the Director of the Administrative Office of the United States Courts shall, with respect to an employee in the judicial branch, have the same waiver authority as would be available to the Director of the Office of Personnel Management, or a duly authorized agency head, under subsection (f) with respect to an employee of an Executive agency.
(2) Authority under this subsection may not be exercised with respect to a justice or judge of the United States, as defined in
(h)(1) If warranted by circumstances described in subsection (f)(1)(A) or (B) (as applicable), an official or committee designated in paragraph (2) shall, with respect to the employees specified in the applicable subparagraph of such paragraph, have the same waiver authority as would be available to the Director of the Office of Personnel Management, or a duly authorized agency head, under subsection (f) with respect to an employee of an Executive agency.
(2) Authority under this subsection may be exercised—
(A) with respect to an employee of an agency in the legislative branch, by the head of such agency;
(B) with respect to an employee of the House of Representatives, by the Committee on House Oversight of the House of Representatives; and
(C) with respect to an employee of the Senate, by the Committee on Rules and Administration of the Senate.
(3) Any exercise of authority under this subsection shall be in conformance with such written policies and procedures as the agency head, the Committee on House Oversight of the House of Representatives, or the Committee on Rules and Administration of the Senate (as applicable) shall prescribe, consistent with the provisions of this subsection.
(4) For the purpose of this subsection, "agency in the legislative branch", "employee of the House of Representatives", "employee of the Senate", and "congressional employee" each has the meaning given to it in
(i)(1) For purposes of this subsection—
(A) the term "head of an agency" means—
(i) the head of an Executive agency, other than the Department of Defense or the Government Accountability Office;
(ii) the head of the United States Postal Service;
(iii) the Director of the Administrative Office of the United States Courts, with respect to employees of the judicial branch; and
(iv) any employing authority described under subsection (h)(2), other than the Government Accountability Office; and
(B) the term "limited time appointee" means an annuitant appointed under a temporary appointment limited to 1 year or less.
(2) The head of an agency may waive the application of subsection (a) with respect to any annuitant who is employed in such agency as a limited time appointee, if the head of the agency determines that the employment of the annuitant is necessary to—
(A) fulfill functions critical to the mission of the agency, or any component of that agency;
(B) assist in the implementation or oversight of the American Recovery and Reinvestment Act of 2009 (
(C) assist in the development, management, or oversight of agency procurement actions;
(D) assist the Inspector General for that agency in the performance of the mission of that Inspector General;
(E) promote appropriate training or mentoring programs of employees;
(F) assist in the recruitment or retention of employees; or
(G) respond to an emergency involving a direct threat to life of property or other unusual circumstances.
(3) The head of an agency may not waive the application of subsection (a) with respect to an annuitant—
(A) for more than 520 hours of service performed by that annuitant during the period ending 6 months following the individual's annuity commencing date;
(B) for more than 1040 hours of service performed by that annuitant during any 12-month period; or
(C) for more than a total of 3120 hours of service performed by that annuitant.
(4)(A) The total number of annuitants to whom a waiver by the head of an agency under this subsection or section 8344(l) applies may not exceed 2.5 percent of the total number of full-time employees of that agency.
(B) If the total number of annuitants to whom a waiver by the head of an agency under this subsection or section 8344(l) applies exceeds 1 percent of the total number of full-time employees of that agency, the head of that agency shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Oversight and Government Reform of the House of Representatives, and the Office of Personnel Management—
(i) a report with an explanation that justifies the need for the waivers in excess of that percentage; and
(ii) not later than 180 days after submitting the report under clause (i), a succession plan.
(5)(A) The Director of the Office of Personnel Management may promulgate regulations providing for the administration of this subsection.
(B) Any regulations promulgated under subparagraph (A) may—
(i) provide standards for the maintenance and form of necessary records of employment under this subsection;
(ii) to the extent not otherwise expressly prohibited by law, require employing agencies to provide records of such employment to the Office or other employing agencies as necessary to ensure compliance with paragraph (3);
(iii) authorize other administratively convenient periods substantially equivalent to 12 months, such as 26 pay periods, to be used in determining compliance with paragraph (3)(B);
(iv) include such other administrative requirements as the Director of the Office of Personnel Management may find appropriate to provide for effective operation of, or to ensure compliance with, this subsection; and
(v) encourage the training and mentoring of employees by any limited time appointee employed under this subsection.
(6)(A) Any hours of training or mentoring of employees by any limited time appointee employed under this subsection shall not be included in the hours of service performed for purposes of paragraph (3), but those hours of training or mentoring may not exceed 520 hours.
(B) If the primary service performed by any limited time appointee employed under this subsection is training or mentoring of employees, the hours of that service shall be included in the hours of service performed for purposes of paragraph (3).
(7) The authority of the head of an agency under this subsection to waive the application of subsection (a) shall terminate on December 31, 2024.
(j)(1) For the purpose of subsections (f) through (i), "Executive agency" shall not include the Government Accountability Office.
(2) An employee as to whom a waiver under subsection (f), (g), (h), or (i) is in effect shall not be considered an employee for purposes of this chapter or
(Added
Editorial Notes
References in Text
The American Recovery and Reinvestment Act of 2009, referred to in subsec. (i)(2)(B), is
The Emergency Economic Stabilization Act of 2008, referred to in subsec. (i)(2)(B), is div. A of
Amendments
2019—Subsec. (i)(7).
2014—Subsec. (i)(7).
2012—Subsec. (b)(1)(A).
2009—Subsec. (i).
Subsec. (j).
Subsec. (j)(1).
Subsec. (j)(2).
2004—Subsec. (i)(1).
2003—Subsec. (b)(1)(A).
1997—Subsec. (b)(1)(A).
Subsec. (h)(2)(B), (3).
1992—Subsec. (f).
1991—Subsec. (f)(3).
Subsecs. (g) to (i).
1990—Subsec. (f).
1988—
Statutory Notes and Related Subsidiaries
Change of Name
Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.
Committee on House Oversight of House of Representatives changed to Committee on House Administration of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999.
Effective Date of 2014 Amendment
Amendment by
Effective Date of 2003 Amendment
Amendment by
Effective Date of 1997 Amendment
Amendment by
Effective Date of 1992 Amendment
Amendment by
Effective Date of 1990 Amendment
Amendment by
Effective Date of 1988 Amendment
"(1)
"(2)
Construction of 2009 Amendment
Nothing in amendment by section 1122 of
Annual Report to Congress
Each agency in legislative branch to submit to Speaker of House of Representatives and Committee on Rules and Administration of Senate, for each calendar year, a written report on how authority made available as result of amendment by
1 So in original. Probably should be "part-time".
§8469. Withholding of State income taxes
(a) The Office shall, in accordance with this section, enter into an agreement with any State within 120 days of a request for agreement from the proper State official. The agreement shall provide that the Office shall withhold State income tax in the case of the monthly annuity of any annuitant who voluntarily requests, in writing, such withholding. The amounts withheld during any calendar quarter shall be held in the Fund and disbursed to the States during the month following that calendar quarter.
(b) An annuitant may have in effect at any time only one request for withholding under this section, and an annuitant may not have more than two such requests in effect during any one calendar year.
(c) Subject to subsection (b), an annuitant may change the State designated by that annuitant for purposes of having withholdings made, and may request that the withholdings be remitted in accordance with such change. An annuitant also may revoke any request of that annuitant for withholding. Any change in the State designated or revocation is effective on the first day of the month after the month in which the request or the revocation is processed by the Office, but in no event later than on the first day of the second month beginning after the day on which such request or revocation is received by the Office.
(d) This section does not give the consent of the United States to the application of a statute which imposes more burdensome requirements on the United States than on employers generally, or which subjects the United States or any annuitant to a penalty or liability because of this section. The Office may not accept pay from a State for services performed in withholding State income taxes from annuities. Any amount erroneously withheld from an annuity and paid to a State by the Office shall be repaid by the State in accordance with regulations issued by the Office.
(e) For the purpose of this section—
(1) the term "State" means a State, the District of Columbia, or any territory or possession of the United States; and
(2) the term "annuitant" includes a survivor who is receiving an annuity from the Fund.
(Added
§8470. Exemption from legal process; recovery of payments
(a) An amount payable under subchapter II, IV, or V of this chapter is not assignable, either in law or equity, except under the provisions of section 8465 or 8467, or subject to execution, levy, attachment, garnishment or other legal process, except as otherwise may be provided by Federal laws.
(b) Recovery of payments under subchapter II, IV, or V of this chapter may not be made from an individual when, in the judgment of the Office, the individual is without fault and recovery would be against equity and good conscience. Withholding or recovery of money paid under subchapter II, IV, or V of this chapter on account of a certification or payment made by a former employee of the United States in the discharge of his official duties may be made only if the head of the agency on behalf of which the certification or payment was made certifies to the Office that the certification or payment involved fraud on the part of the former employee.
(Added
SUBCHAPTER VII—FEDERAL RETIREMENT THRIFT INVESTMENT MANAGEMENT SYSTEM
§8471. Definitions
For the purposes of this subchapter—
(1) the term "beneficiary" means an individual (other than a participant) entitled to payment from the Thrift Savings Fund under subchapter III of this chapter;
(2) the term "Council" means the Employee Thrift Advisory Council established under
(3) the term "participant" means an individual for whom an account has been established under
(4) the term "person" means an individual, partnership, joint venture, corporation, mutual company, joint-stock company, trust, estate, unincorporated organization, association, or labor organization; and
(5) the term "Thrift Savings Fund" means the Thrift Savings Fund established under
(Added
Statutory Notes and Related Subsidiaries
Effective Date
Subchapter VII effective June 6, 1986, see section 702(b)(1) of
§8472. Federal Retirement Thrift Investment Board
(a) There is established in the Executive branch of the Government a Federal Retirement Thrift Investment Board.
(b) The Board shall be composed of—
(1) 3 members appointed by the President, of whom 1 shall be designated by the President as Chairman; and
(2) 2 members appointed by the President, of whom—
(A) 1 shall be appointed by the President after taking into consideration the recommendation made by the Speaker of the House of Representatives in consultation with the minority leader of the House of Representatives; and
(B) 1 shall be appointed by the President after taking into consideration the recommendation made by the majority leader of the Senate in consultation with the minority leader of the Senate.
(c) Except as provided in section 311 of the Federal Employees' Retirement System Act of 1986, appointments under subsection (a) shall be made by and with the advice and consent of the Senate.
(d) Members of the Board shall have substantial experience, training, and expertise in the management of financial investments and pension benefit plans.
(e)(1) Except as provided in section 311 of the Federal Employees' Retirement System Act of 1986, a member of the Board shall be appointed for a term of 4 years, except that of the members first appointed (other than the members appointed under such section)—
(A) the Chairman shall be appointed for a term of 4 years;
(B) the members appointed under subsection (b)(2) shall be appointed for terms of 3 years; and
(C) the remaining members shall be appointed for terms of 2 years.
(2)(A) A vacancy on the Board shall be filled in the manner in which the original appointment was made and shall be subject to any conditions which applied with respect to the original appointment.
(B) An individual chosen to fill a vacancy shall be appointed for the unexpired term of the member replaced.
(3) The term of any member shall not expire before the date on which the member's successor takes office.
(f) The Board shall—
(1) establish policies for—
(A) the investment and management of the Thrift Savings Fund; and
(B) the administration of subchapter III of this chapter;
(2) review the performance of investments made for the Thrift Savings Fund; and
(3) review and approve the budget of the Board.
(g)(1) The Board may—
(A) adopt, alter, and use a seal;
(B) except as provided in paragraph (2), direct the Executive Director to take such action as the Board considers appropriate to carry out the provisions of this subchapter and subchapter III of this chapter and the policies of the Board;
(C) upon the concurring votes of four members, remove the Executive Director from office for good cause shown; and
(D) take such other actions as may be necessary to carry out the functions of the Board.
(2) Except in the case of investments under section 8438(c)(2)(B), the Board may not direct the Executive Director to invest or to cause to be invested any sums in the Thrift Savings Fund in a specific asset or to dispose of or cause to be disposed of any specific asset of such Fund.
(h) The members of the Board shall discharge their responsibilities solely in the interest of participants and beneficiaries under this subchapter and subchapter III of this chapter.
(i) The Board shall prepare and submit to the President, and, at the same time, to the appropriate committees of Congress, an annual budget of the expenses and other items relating to the Board which shall be included as a separate item in the budget required to be transmitted to the Congress under
(j) The Board may submit to the President, and, at the same time, shall submit to each House of the Congress, any legislative recommendations of the Board relating to any of its functions under this title or any other provision of law.
(Added
Editorial Notes
References in Text
Section 311 of the Federal Employees' Retirement System Act of 1986 [
Amendments
2014—Subsec. (g)(2).
1986—Subsecs. (i), (j).
Statutory Notes and Related Subsidiaries
Effective Date of 1986 Amendment
Amendment by
Initial Appointments to Federal Retirement Thrift Investment Board
"(a)
"(b)
Authorization of Appropriations for Certain Expenses of Federal Retirement Thrift Investment Management System
§8473. Employee Thrift Advisory Council
(a) The Board shall establish an Employee Thrift Advisory Council. The Council shall be composed of 15 members appointed by the Chairman of the Board in accordance with subsection (b).
(b) The Chairman shall appoint 15 members of the Council, of whom—
(1) 4 shall be appointed to represent the respective labor organizations representing (as exclusive representatives) the first, second, third, and fourth largest numbers of individuals subject to
(2) 2 shall be appointed to represent the respective labor organizations which have been accorded exclusive recognition under
(3) 1 shall be appointed to represent the labor organization which has been accorded exclusive recognition under
(4) 2 shall be appointed to represent the respective managerial organizations (other than an organization described in paragraph (5)) which consult with the United States Postal Service under
(5) 1 shall be appointed to represent the supervisors' organization as defined in
(6) 1 shall be appointed to represent employee organizations having as a purpose promoting the interests of women in Government service;
(7) 1 shall be appointed to represent the organization representing the largest number of individuals receiving annuities under this chapter or
(8) 1 shall be appointed to represent the organization representing the largest number of supervisors and management officials (as defined by section 7103(a));
(9) 1 shall be appointed to represent the organization representing the largest number of members of the Senior Executive Service; and
(10) 1 shall be appointed to represent participants (under section 8440e) who are members of the uniformed services.
(c)(1) The Chairman of the Board shall designate 1 member of the Council to serve as head of the Council.
(2) A member of the Council shall be appointed for a term of 4 years.
(3)(A) A vacancy in the Council shall be filled in the manner in which the original appointment was made and shall be subject to any conditions which applied with respect to the original appointment.
(B) An individual chosen to fill a vacancy shall be appointed for the unexpired term of the member replaced.
(C) The term of any member shall not expire before the date on which the member's successor takes office.
(d) The Council shall act by resolution of a majority of the members.
(e) The Council shall—
(1) advise the Board and the Executive Director on matters relating to—
(A) investment policies for the Thrift Savings Fund; and
(B) the administration of this subchapter and subchapter III of this chapter; and
(2) perform such other duties as the Board may direct with respect to investment funds established in accordance with subchapter III of this chapter.
(f)
(Added
Editorial Notes
Amendments
2022—Subsec. (f).
1999—Subsec. (a).
Subsec. (b).
Subsec. (b)(10).
1993—Subsec. (b)(8).
Statutory Notes and Related Subsidiaries
Effective Date of 1999 Amendment
Amendment by
Effective Date of 1993 Amendment
Amendment by
§8474. Executive Director
(a)(1) The Board shall appoint, without regard to the provisions of law governing appointments in the competitive service, an Executive Director by action agreed to by a majority of the members of the Board.
(2) The Executive Director shall have substantial experience, training, and expertise in the management of financial investments and pension benefit plans.
(b) The Executive Director shall—
(1) carry out the policies established by the Board;
(2) invest and manage the Thrift Savings Fund in accordance with the investment policies and other policies established by the Board;
(3) purchase annuity contracts and provide for the payment of other benefits under subchapter III of this chapter;
(4) administer the provisions of this subchapter and subchapter III of this chapter;
(5) prescribe such regulations (other than regulations relating to fiduciary responsibilities) as may be necessary for the administration of this subchapter and subchapter III of this chapter; and
(6) meet from time to time with the Council upon request of the Council.
(c) The Executive Director may—
(1) prescribe such regulations as may be necessary to carry out the responsibilities of the Executive Director under this section, other than regulations relating to fiduciary responsibilities;
(2) appoint such personnel as may be necessary to carry out the provisions of this subchapter and subchapter III of this chapter;
(3) subject to approval by the Board, procure the services of experts and consultants under
(4) secure directly from an Executive agency, the United States Postal Service, or the Postal Regulatory Commission any information necessary to carry out the provisions of this subchapter or subchapter III of this chapter and policies of the Board;
(5) make such payments out of sums in the Thrift Savings Fund as the Executive Director determines are necessary to carry out the provisions of this subchapter and subchapter III of this chapter and the policies of the Board;
(6) pay the compensation, per diem, and travel expenses of individuals appointed under paragraphs (2), (3), and (7) of this subsection from the Thrift Savings Fund;
(7) accept and use the services of individuals employed intermittently in the Government service and reimburse such individuals for travel expenses, as authorized by
(8) except as otherwise expressly prohibited by law or the policies of the Board, delegate any of the Executive Director's functions to such employees under the Board as the Executive Director may designate and authorize such successive redelegations of such functions to such employees under the Board as the Executive Director may consider to be necessary or appropriate; and
(9) take such other actions as are appropriate to carry out the functions of the Executive Director.
(Added
Editorial Notes
Amendments
2006—Subsec. (c)(4).
§8475. Investment policies
The Board shall develop investment policies under
(1) prudent investments suitable for accumulating funds for payment of retirement income; and
(2) low administrative costs.
(Added
§8476. Administrative provisions
(a) The Board shall meet—
(1) not less than once during each month; and
(2) at additional times at the call of the Chairman.
(b)(1) Except as provided in
(2) A vacancy on the Board shall not impair the authority of a quorum of the Board to perform the functions and exercise the powers of the Board.
(c) Three members of the Board shall constitute a quorum for the transaction of business.
(d)(1) Each member of the Board who is not an officer or employee of the Federal Government shall be compensated at the daily rate of basic pay for level IV of the Executive Schedule for each day during which such member is engaged in performing a function of the Board.
(2) A member of the Board shall be paid travel, per diem, and other necessary expenses under subchapter I of
(3) Payments authorized under this subsection shall be paid from the Thrift Savings Fund.
(e) The accrued annual leave of any employee who is a member of the Board or the Council shall not be charged for any time used in performing services for the Board or the Council.
(Added
Editorial Notes
References in Text
Level IV of the Executive Schedule, referred to in subsec. (d)(1), is set out in
Amendments
1990—Subsec. (d)(1).
Statutory Notes and Related Subsidiaries
Effective Date of 1990 Amendment
Amendment by
§8477. Fiduciary responsibilities; liability and penalties
(a) For the purposes of this section—
(1) the term "account" is not limited by the definition provided in section 8401(1);
(2) the term "adequate consideration" means—
(A) in the case of a security for which there is a generally recognized market—
(i) the price of the security prevailing on a national securities exchange which is registered under section 6 of the Securities Exchange Act of 1934; or
(ii) if the security is not traded on such a national securities exchange, a price not less favorable to the Thrift Savings Fund than the offering price for the security as established by the current bid and asked prices quoted by persons independent of the issuer and of any party in interest; and
(B) in the case of an asset other than a security for which there is a generally recognized market, the fair market value of the asset as determined in good faith by a fiduciary or fiduciaries in accordance with regulations prescribed by the Secretary of Labor;
(3) the term "fiduciary" means—
(A) a member of the Board;
(B) the Executive Director;
(C) any person who has or exercises discretionary authority or discretionary control over the management or disposition of the assets of the Thrift Savings Fund; and
(D) any person who, with respect to the Thrift Savings Fund, is described in section 3(21)(A) of the Employee Retirement Income Security Act of 1974 (
(4) the term "party in interest" includes—
(A) any fiduciary;
(B) any counsel to a person who is a fiduciary, with respect to the actions of such person as a fiduciary;
(C) any participant;
(D) any person providing services to the Board and, with respect to the actions of the Executive Director as a fiduciary any person providing services to the Executive Director;
(E) a labor organization, the members of which are participants;
(F) a spouse, sibling, ancestor, lineal descendant, or spouse of a lineal descendant of a person described in subparagraph (A), (B), or (D);
(G) a corporation, partnership, or trust or estate of which, or in which, at least 50 percent of—
(i) the combined voting power of all classes of stock entitled to vote or the total value of shares of all classes of stock of such corporation;
(ii) the capital interest or profits interest of such partnership; or
(iii) the beneficial interest of such trust or estate,
is owned directly or indirectly, or held by a person described in subparagraph (A), (B), (D), or (E);
(H) an official (including a director) of, or an individual employed by, a person described in subparagraph (A), (B), (D), (E), or (G), or an individual having powers or responsibilities similar to those of such an official;
(I) a holder (directly or indirectly) of at least 10 percent of the shares in a person described in any subparagraph referred to in subparagraph (H); and
(J) a person who, directly or indirectly, is at least a 10 percent partner or joint venturer (measured in capital or profits) in a person described in any subparagraph referred to in subparagraph (H).
(b)(1) To the extent not inconsistent with the provisions of this chapter and the policies prescribed by the Board, a fiduciary shall discharge his responsibilities with respect to the Thrift Savings Fund or applicable portion thereof solely in the interest of the participants and beneficiaries and—
(A) for the exclusive purpose of—
(i) providing benefits to participants and their beneficiaries; and
(ii) defraying reasonable expenses of administering the Thrift Savings Fund or applicable portions thereof;
(B) with the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent individual acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with like objectives; and
(C) to the extent permitted by
(2) No fiduciary may maintain the indicia of ownership of any assets of the Thrift Savings Fund outside the jurisdiction of the district courts of the United States.
(c)(1) A fiduciary shall not permit the Thrift Savings Fund to engage in any of the following transactions, except in exchange for adequate consideration:
(A) A transfer of any assets of the Thrift Savings Fund to any person the fiduciary knows or should know to be a party in interest or the use of such assets by any such person.
(B) An acquisition of any property from or sale of any property to the Thrift Savings Fund by any person the fiduciary knows or should know to be a party in interest.
(C) A transfer or exchange of services between the Thrift Savings Fund and any person the fiduciary knows or should know to be a party in interest.
(2) Notwithstanding paragraph (1), a fiduciary with respect to the Thrift Savings Fund shall not—
(A) deal with any assets of the Thrift Savings Fund in his own interest or for his own account;
(B) act, in an individual capacity or any other capacity, in any transaction involving the Thrift Savings Fund on behalf of a party, or representing a party, whose interests are adverse to the interests of the Thrift Savings Fund or the interests of its participants or beneficiaries; or
(C) receive any consideration for his own personal account from any party dealing with sums credited to the Thrift Savings Fund in connection with a transaction involving assets of the Thrift Savings Fund.
(3)(A) The Secretary of Labor may, in accordance with procedures which the Secretary shall by regulation prescribe, grant a conditional or unconditional exemption of any fiduciary or transaction, or class of fiduciaries or transactions, from all or part of the restrictions imposed by paragraph (2).
(B) An exemption granted under this paragraph shall not relieve a fiduciary from any other applicable provision of this chapter.
(C) The Secretary of Labor may not grant an exemption under this paragraph unless he finds that such exemption is—
(i) administratively feasible;
(ii) in the interests of the Thrift Savings Fund and of its participants and beneficiaries; and
(iii) protective of the rights of participants and beneficiaries of such Fund.
(D) An exemption under this paragraph may not be granted unless—
(i) notice of the proposed exemption is published in the Federal Register;
(ii) interested persons are given an opportunity to present views; and
(iii) the Secretary of Labor affords an opportunity for a hearing and makes a determination on the record with respect to the respective requirements of clauses (i), (ii), and (iii) of subparagraph (C).
(E) Notwithstanding subparagraph (D), the Secretary of Labor may determine that an exemption granted for any class of fiduciaries or transactions under section 408(a) of the Employee Retirement Income Security Act of 1974 shall, upon publication of notice in the Federal Register under this subparagraph, constitute an exemption for purposes of the provisions of paragraph (2).
(d) This section does not prohibit any fiduciary from—
(1) receiving any benefit which the fiduciary is entitled to receive under this subchapter or subchapter III of this chapter as a participant or beneficiary;
(2) receiving any reasonable compensation authorized by this subchapter for services rendered, or for reimbursement of expenses properly and actually incurred, in the performance of the fiduciary's duties under this chapter; or
(3) serving as a fiduciary in addition to being an officer, employee, agent, or other representative of a party in interest.
(e)(1)(A) Any fiduciary that breaches the responsibilities, duties, and obligations set out in subsection (b) or violates subsection (c) shall be personally liable to the Thrift Savings Fund for any losses to such Fund resulting from each such breach or violation and to restore to such Fund any profits made by the fiduciary through use of assets of such Fund by the fiduciary, and shall be subject to such other equitable or remedial relief as a court considers appropriate, except as provided in paragraphs (3) and (4) of this subsection. A fiduciary may be removed for a breach referred to in the preceding sentence.
(B) The Secretary of Labor may assess a civil penalty against a party in interest with respect to each transaction which is engaged in by the party in interest and is prohibited by subsection (c). The amount of such penalty shall be equal to 5 percent of the amount involved in each such transaction (as defined in section 4975(f)(4) of the Internal Revenue Code of 1986) for each year or part thereof during which the prohibited transaction continues, except that, if the transaction is not corrected (in such manner as the Secretary of Labor shall prescribe by regulation consistent with section 4975(f)(5) of such Code) within 90 days after the date the Secretary of Labor transmits notice to the party in interest (or such longer period as the Secretary of Labor may permit), such penalty may be in an amount not more than 100 percent of the amount involved.
(C)(i) A fiduciary shall not be liable under subparagraph (A) with respect to a breach of fiduciary duty under subsection (b) committed before becoming a fiduciary or after ceasing to be a fiduciary.
(ii) A fiduciary shall not be liable under subparagraph (A), and no civil action may be brought against a fiduciary—
(I) for providing for the automatic enrollment of a participant in accordance with section 8432(b)(2)(A);
(II) for enrolling a participant or beneficiary in a default investment fund or option in accordance with section 8438(c)(2); or
(III) for allowing a participant or beneficiary to invest through the mutual fund window or for establishing restrictions applicable to participants' or beneficiaries' ability to invest through the mutual fund window.
(D) A fiduciary shall be jointly and severally liable under subparagraph (A) for a breach of fiduciary duty under subsection (b) by another fiduciary only if—
(i) the fiduciary participates knowingly in, or knowingly undertakes to conceal, an act or omission of such other fiduciary, knowing such act or omission is such a breach;
(ii) by the fiduciary's failure to comply with subsection (b) in the administration of the fiduciary's specific responsibilities which give rise to the fiduciary status, the fiduciary has enabled such other fiduciary to commit such a breach; or
(iii) the fiduciary has knowledge of a breach by such other fiduciary, unless the fiduciary makes reasonable efforts under the circumstances to remedy the breach.
(E) The Secretary of Labor shall prescribe, in regulations, procedures for allocating fiduciary responsibilities among fiduciaries, including investment managers. Any fiduciary who, pursuant to such procedures, allocates to a person or persons any fiduciary responsibility shall not be liable for an act or omission of such person or persons unless—
(i) such fiduciary violated subsection (b) with respect to the allocation, with respect to the implementation of the procedures prescribed by the Secretary of Labor (or the Board under section 114 of the Federal Employees' Retirement System Technical Corrections Act of 1986), or in continuing such allocation; or
(ii) such fiduciary would otherwise be liable in accordance with subparagraph (D).
(2) No civil action may be maintained against any fiduciary with respect to the responsibilities, liabilities, and penalties authorized or provided for in this section except in accordance with paragraphs (3) and (4).
(3) A civil action may be brought in the district courts of the United States—
(A) by the Secretary of Labor against any fiduciary other than a Member of the Board or the Executive Director of the Board—
(i) to determine and enforce a liability under paragraph (1)(A);
(ii) to collect any civil penalty under paragraph (1)(B);
(iii) to enjoin any act or practice which violates any provision of subsection (b) or (c);
(iv) to obtain any other appropriate equitable relief to redress a violation of any such provision; or
(v) to enjoin any act or practice which violates subsection (g)(2) or (h) of
(B) by any participant, beneficiary, or fiduciary against any fiduciary—
(i) to enjoin any act or practice which violates any provision of subsection (b) or (c);
(ii) to obtain any other appropriate equitable relief to redress a violation of any such provision;
(iii) to enjoin any act or practice which violates subsection (g)(2) or (h) of
(C) by any participant or beneficiary—
(i) to recover benefits of such participant or beneficiary under the provisions of subchapter III of this chapter, to enforce any right of such participant or beneficiary under such provisions, or to clarify any such right to future benefits under such provisions; or
(ii) to enforce any claim otherwise cognizable under
(4)(A) In all civil actions under paragraph (3)(A), attorneys appointed by the Secretary may represent the Secretary (except as provided in
(B) The Attorney General shall defend any civil action or proceeding brought in any court against any fiduciary referred to in paragraph (3)(C)(ii) (or the estate of such fiduciary) for any such injury. Any fiduciary against whom such a civil action or proceeding is brought shall deliver, within such time after date of service or knowledge of service as determined by the Attorney General, all process served upon such fiduciary (or an attested copy thereof) to the Executive Director of the Board, who shall promptly furnish copies of the pleading and process to the Attorney General and the United States Attorney for the district wherein the action or proceeding is brought.
(C) Upon certification by the Attorney General that a fiduciary described in paragraph (3)(C)(ii) was acting in the scope of such fiduciary's duties or employment as a fiduciary at the time of the occurrence or omission out of which the action arose, any such civil action or proceeding commenced in a State court shall be—
(i) removed without bond at any time before trial by the Attorney General to the district court of the United States for the district and division in which it is pending; and
(ii) deemed a tort action brought against the United States under the provisions of title 28 and all references thereto.
(D) The Attorney General may compromise or settle any claim asserted in such civil action or proceeding in the manner provided in
(E) For the purposes of paragraph (3)(C)(ii) the provisions of
(F) Notwithstanding
(G) For purposes of paragraph (3)(C)(ii), fiduciary includes only the Members of the Board and the Board's Executive Director.
(5) Any relief awarded against a Member of the Board or the Executive Director of the Board in a civil action authorized by paragraph (3) may not include any monetary damages or any other recovery of money.
(6) An action may not be commenced under paragraph (3)(A) or (B) with respect to a fiduciary's breach of any responsibility, duty, or obligation under subsection (b) or a violation of subsection (c) after the earlier of—
(A) 6 years after (i) the date of the last action which constituted a part of the breach or violation, or (ii) in the case of an omission, the latest date on which the fiduciary could have cured the breach or violation; or
(B) 3 years after the earliest date on which the plaintiff had actual knowledge of the breach or violation, except that, in the case of fraud or concealment, such action may be commenced not later than 6 years after the date of discovery of such breach or violation.
(7)(A) The district courts of the United States shall have exclusive jurisdiction of civil actions under this subsection.
(B) An action under this subsection may be brought in the District Court of the United States for the District of Columbia or a district court of the United States in the district where the breach alleged in the complaint or petition filed in the action took place or in the district where a defendant resides or may be found. Process may be served in any other district where a defendant resides or may be found.
(8)(A) A copy of the complaint or petition filed in any action brought under this subsection (other than by the Secretary of Labor) shall be served on the Executive Director, the Secretary of Labor, and the Secretary of the Treasury by certified mail.
(B) Any officer referred to in subparagraph (A) of this paragraph shall have the right in his discretion to intervene in any action. If the Secretary of Labor brings an action under paragraph (2) of this subsection on behalf of a participant or beneficiary, he shall notify the Executive Director and the Secretary of the Treasury.
(f) The Secretary of Labor may prescribe regulations to carry out this section.
(g)(1) The Secretary of Labor shall establish a program to carry out audits to determine the level of compliance with the requirements of this section relating to fiduciary responsibilities and prohibited activities of fiduciaries.
(2) An audit under this subsection may be conducted by the Secretary of Labor, by contract with a qualified non-governmental organization, or in cooperation with the Comptroller General of the United States, as the Secretary considers appropriate.
(Added
Editorial Notes
References in Text
Section 6 of the Securities Exchange Act of 1934, referred to in subsec. (a)(2)(A)(i), is classified to
Section 408(a) of the Employee Retirement Income Security Act of 1974, referred to in subsec. (c)(3)(E), is classified to
Section 4975(f)(4) and (5) of the Internal Revenue Code of 1986, referred to in subsec. (e)(1)(B), is classified to section 4975(f)(4) and (5) of Title 26, Internal Revenue Code.
Section 114 of the Federal Employees' Retirement System Technical Corrections Act of 1986, referred to in subsec. (e)(1)(E)(i), is section 114 of
Amendments
2014—Subsec. (e)(1)(C)(ii)(II).
Subsec. (e)(1)(C)(ii)(III).
2009—Subsec. (e)(1)(C).
1990—
1988—Subsec. (e)(1)(A).
Subsec. (e)(1)(B).
Subsec. (e)(1)(D).
Subsec. (e)(2), (3).
"(2) A civil action may be brought in the district courts of the United States—
"(A) by the Secretary of Labor—
"(i) to determine and enforce a liability under paragraph (1)(A);
"(ii) to collect any civil penalty under paragraph (1)(B); or
"(iii) to enjoin any act or practice which violates subsection (g)(2) or (h) of
"(B) by the Secretary of Labor, any participant, beneficiary, or fiduciary—
"(i) to enjoin any act or practice which violates any provision of subsection (b) or (c); or
"(ii) to obtain any other appropriate equitable relief to redress a violation of any such provision; or
"(C) by any participant or beneficiary to recover benefits due to him or her under the provisions of subchapter III of this chapter, to enforce his or her rights under such provisions, or to clarify his or her rights to future benefits under such provisions.
"(3) An action may not be commenced under paragraph (2) with respect to a fiduciary's breach of any responsibility, duty, or obligation under subsection (b) or a violation of subsection (c) after the earlier of—
"(A) 6 years after (i) the date of the last action which constituted a part of the breach or violation, or (ii) in the case of an omission, the latest date on which the fiduciary could have cured the breach or violation; or
"(B) 3 years after the earliest date on which the plaintiff had actual knowledge of the breach or violation, except that, in the case of fraud or concealment, such action may be commenced not later than 6 years after the date of discovery of such breach or violation."
Subsec. (e)(3)(C)(ii).
Subsec. (e)(4) to (8).
Subsec. (e)(5).
1986—Subsec. (c)(3)(E).
Subsec. (e)(1)(B).
Subsec. (e)(1)(E)(i).
Statutory Notes and Related Subsidiaries
Effective Date of 1988 Amendments
Interim Exemption Procedures
"(a)
"(b)
Allocation of Fiduciary Responsibilities
"(1) Subject to paragraph (2), until such time as final regulations under subparagraph (E) of
"(2) The authority to make any allocation under section 8477(e)(1)(E) using the procedures referred to in paragraph (1), and any allocation so made using such procedures, shall expire not later than December 31, 1988."
§8478. Bonding
(a)(1) Except as provided in paragraph (2), each fiduciary and each person who handles funds or property of the Thrift Savings Fund shall be bonded as provided in this section.
(2)(A) Bond shall not be required of a fiduciary (or of any officer or employee of such fiduciary) if such fiduciary—
(i) is a corporation organized and doing business under the laws of the United States or of any State;
(ii) is authorized under such laws to exercise trust powers or to conduct an insurance business;
(iii) is subject to supervision or examination by Federal or State authority; and
(iv) has at all times a combined capital and surplus in excess of such minimum amount (not less than $1,000,000) as the Secretary of Labor prescribes in regulations.
(B) If—
(i) a bank or other financial institution would, but for this subparagraph, not be required to be bonded under this section by reason of the application of the exception provided in subparagraph (A),
(ii) the bank or financial institution is authorized to exercise trust powers, and
(iii) the deposits of the bank or financial institution are not insured by the Federal Deposit Insurance Corporation,
such exception shall apply to such bank or financial institution only if the bank or institution meets bonding requirements under State law which the Secretary of Labor determines are at least equivalent to those imposed on banks by Federal law.
(b)(1) The Secretary of Labor shall prescribe the amount of a bond under this section at the beginning of each fiscal year. Except as otherwise provided in this paragraph, such amount shall not be less than 10 percent of the amount of funds handled. In no case shall such bond be less than $1,000 nor more than $500,000, except that the Secretary of Labor, after due notice and opportunity for hearing to all interested parties, and other consideration of the record, may prescribe an amount in excess of $500,000.
(2) For the purpose of prescribing the amount of a bond under paragraph (1), the amount of funds handled shall be determined by reference to the amount of the funds handled by the person, group, or class to be covered by such bond or by their predecessor or predecessors, if any, during the preceding fiscal year, or to the amount of funds to be handled during the current fiscal year by such person, group, or class, estimated as provided in regulations prescribed by the Secretary of Labor.
(c) A bond required by subsection (a)—
(1) shall include such terms and conditions as the Secretary of Labor considers necessary to protect the Thrift Savings Fund against loss by reason of acts of fraud or dishonesty on the part of the bonded person directly or through connivance with others;
(2) shall have as surety thereon a corporate surety company which is an acceptable surety on Federal bonds under authority granted by the Secretary of the Treasury pursuant to
(3) shall be in a form or of a type approved by the Secretary of Labor, including individual bonds or schedule or blanket forms of bonds which cover a group or class.
(d)(1) It shall be unlawful for any person to whom subsection (a) applies, to receive, handle, disburse, or otherwise exercise custody or control of any of the funds or other property of the Thrift Savings Fund without being bonded as required by this section.
(2) It shall be unlawful for any fiduciary, or any other person having authority to direct the performance of functions described in paragraph (1), to permit any such function to be performed by any person to whom subsection (a) applies unless such person has met the requirements of such subsection.
(e) Notwithstanding any other provision of law, any person who is required to be bonded as provided in subsection (a) shall be exempt from any other provision of law which would, but for this subsection, require such person to be bonded for the handling of the funds or other property of the Thrift Savings Fund.
(f) The Secretary of Labor shall prescribe such regulations as may be necessary to carry out the provisions of this section, including exempting a person or class of persons from the requirements of this section.
(Added
Editorial Notes
Amendments
1992—Subsec. (a)(2)(B)(iii).
1986—Subsec. (a)(1).
Subsec. (c)(2).
Statutory Notes and Related Subsidiaries
Interim Bonding Regulations
"(a)
"(b)
§8478a. Investigative authority
Any authority available to the Secretary of Labor under section 504 of the Employee Retirement Income Security Act of 1974 is hereby made available to the Secretary of Labor, and any officer designated by the Secretary of Labor, to determine whether any person has violated, or is about to violate, any provision of section 8477 or 8478.
(Added
Editorial Notes
References in Text
Section 504 of the Employee Retirement Income Security Act of 1974, referred to in text, is classified to
§8479. Exculpatory provisions; insurance
(a) Any provision in an agreement or instrument which purports to relieve a fiduciary from responsibility or liability for any responsibility, obligation, or duty under this subchapter shall be void.
(b)(1) The Executive Director may require employing agencies to contribute an amount not to exceed 1 percent of the amount such agencies are required to contribute in accordance with
(2) The sums credited to the Thrift Savings Fund under paragraph (1) shall be available and may be used at the discretion of the Executive Director to purchase insurance to cover potential liability of persons who serve in a fiduciary capacity with respect to the Thrift Savings Fund, without regard to whether a policy of insurance permits recourse by the insurer against the fiduciary in the case of a breach of a fiduciary obligation.
(Added
§8480. Subpoena authority
(a) In order to carry out the responsibilities specified in this subchapter and subchapter III of this chapter, the Executive Director may issue subpoenas commanding each person to whom the subpoena is directed to produce designated books, documents, records, electronically stored information, or tangible materials in the possession or control of that individual.
(b) Notwithstanding any Federal, State, or local law, any person, including officers, agents, and employees, receiving a subpoena under this section, who complies in good faith with the subpoena and thus produces the materials sought, shall not be liable in any court of any State or the United States to any individual, domestic or foreign corporation or upon a partnership or other unincorporated association for such production.
(c) When a person fails to obey a subpoena issued under this section, the district court of the United States for the district in which the investigation is conducted or in which the person failing to obey is found, shall on proper application issue an order directing that person to comply with the subpoena. The court may punish as contempt any disobedience of its order.
(d) The Executive Director shall prescribe regulations to carry out subsection (a).
(Added
CHAPTER 85 —UNEMPLOYMENT COMPENSATION
SUBCHAPTER I—EMPLOYEES GENERALLY
SUBCHAPTER II—EX-SERVICEMEN
Editorial Notes
Amendments
1992—
1975—
SUBCHAPTER I—EMPLOYEES GENERALLY
§8501. Definitions
For the purpose of this subchapter—
(1) "Federal service" means service performed after 1952 in the employ of the United States or an instrumentality of the United States which is wholly or partially owned by the United States, but does not include service (except service to which subchapter II of this chapter applies) performed—
(A) by an elective official in the executive or legislative branch;
(B) as a member of the armed forces or the Commissioned Corps of the National Oceanic and Atmospheric Administration;
(C) by members of the Foreign Service for whom payments are provided under section 609(b)(1) of the Foreign Service Act of 1980;
(D) outside the United States, the Commonwealth of Puerto Rico, and the Virgin Islands by an individual who is not a citizen of the United States;
(E) by an individual excluded by regulations of the Office of Personnel Management from the operation of subchapter III of
(F) by an individual receiving nominal pay and allowances of $12 or less a year;
(G) in a hospital, home, or other institution of the United States by a patient or inmate thereof;
(H) by a student-employee as defined by
(I) by an individual serving on a temporary basis in case of fire, storm, earthquake, flood, or other similar emergency;
(J) by an individual employed under a Federal relief program to relieve him from unemployment;
(K) as a member of a State, county, or community committee under the Agricultural Stabilization and Conservation Service or of any other board, council, committee, or other similar body, unless the board, council, committee, or other body is composed exclusively of individuals otherwise in the full-time employ of the United States; or
(L) by an officer or a member of the crew on or in connection with an American vessel—
(i) owned by or bareboat chartered to the United States; and
(ii) whose business is conducted by a general agent of the Secretary of Commerce;
if contributions on account of the service are required to be made to an unemployment fund under a State unemployment compensation law under
(2) "Federal wages" means all pay and allowances, in cash and in kind, for Federal service;
(3) "Federal employee" means an individual who has performed Federal service;
(4) "compensation" means cash benefits payable to an individual with respect to his unemployment including any portion thereof payable with respect to dependents;
(5) "benefit year" means the benefit year as defined by the applicable State unemployment compensation law, and if not so defined the term means the period prescribed in the agreement under this subchapter with a State or, in the absence of such an agreement, the period prescribed by the Secretary of Labor;
(6) "State" means the several States, the District of Columbia, the Commonwealth of Puerto Rico, and the Virgin Islands;
(7) "United States", when used in a geographical sense, means the States; and
(8) "base period" means the base period as defined by the applicable State unemployment compensation law for the benefit year.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Sept. 1, 1954, ch. 1212, §4(a) "Sec. 1501", |
||
| Aug. 28, 1958, |
||
| July 12, 1960, |
||
| Sept. 13, 1960, |
Clause (4) of former section 1361(a) is omitted as obsolete.
In paragraph (1)(A), the word "official" is substituted for "officer" because of the definition of "officer" in section 2104. The words "of the Government of the United States" are omitted as unnecessary.
In paragraph (1)(E), the words "by regulations of the Civil Service Commission from the operation of subchapter III of
In paragraph (1)(K), the words "Agricultural Stabilization and Conservation Service" are substituted for "Production and Marketing Administration" on authority of Secretary's memorandum 1320, supp. 4 of November 2, 1953.
In paragraph (1)(L), the words "
The last sentence of former section 1361 is omitted as its substance is included in paragraph (1)(D).
Former section 1361(f) is omitted as unnecessary as the full title of the Secretary of Labor is set out the first time it is used in each section.
Paragraphs (6) and (7) are added on authority of section 1101(a)(1), (2) of the Act of Aug. 14, 1935, ch. 531,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Editorial Notes
References in Text
Section 609(b)(1) of the Foreign Service Act of 1980, referred to in par. (1)(C), is classified to
Amendments
1980—Par. (1)(B).
Par. (1)(C).
1978—Par. (1)(E).
1976—Par. (6).
Par. (8).
Statutory Notes and Related Subsidiaries
Effective Date of 1980 Amendments
Amendment by
Effective Date of 1978 Amendment
Amendment by
Effective Date of 1976 Amendment
Amendment by section 116(e)(1) of
Temporary 1990 Census Services Constituting Federal Service
Determination respecting temporary 1990 census services as Federal service for purposes of this subchapter, see section 141 of
§8502. Compensation under State agreement
(a) The Secretary of Labor, on behalf of the United States, may enter into an agreement with a State, or with an agency administering the unemployment compensation law of a State, under which the State agency shall—
(1) pay, as agent of the United States, compensation under this subchapter to Federal employees; and
(2) otherwise cooperate with the Secretary and with other State agencies in paying compensation under this subchapter.
(b) The agreement shall provide that compensation will be paid by the State to a Federal employee in the same amount, on the same terms, and subject to the same conditions as the compensation which would be payable to him under the unemployment compensation law of the State if his Federal service and Federal wages assigned under
[(c) Repealed.
(d) A determination by a State agency with respect to entitlement to compensation under an agreement is subject to review in the same manner and to the same extent as determinations under the State unemployment compensation law, and only in that manner and to that extent.
(e) Each agreement shall provide the terms and conditions on which it may be amended or terminated.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Sept. 1, 1954, ch. 1212, §4(a) "Sec. 1502", |
||
| Sept. 13, 1960, |
In subsection (a), the words "under this subchapter" are substituted for "on the basis provided in subsection (b) of this section".
In subsection (b), the words "with respect to unemployment after December 31, 1954" are omitted as obsolete.
In subsection (c), the words "with respect to unemployment after December 31, 1960" are omitted as obsolete. In the last sentence, the application to section 8503(b) is omitted and carried into that section.
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
This section amends
§8503. Compensation absent State agreement
(a) In the case of a Federal employee whose Federal service and Federal wages are assigned under
(b) A Federal employee whose claim for compensation under subsection (a) of this section is denied is entitled to a fair hearing under regulations prescribed by the Secretary. A final determination by the Secretary with respect to entitlement to compensation under this section is subject to review by the courts in the same manner and to the same extent as is provided by
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Sept. 1, 1954, ch. 1212, §4(a) "Sec. 1503", |
||
| Sept. 13, 1960, |
In subsections (a) and (b), the words "with respect to unemployment after December 31, 1954" are omitted as obsolete.
In subsection (b), the last sentence is added on authority of the last sentence of former section 1362(b), which section is carried into section 8502.
In subsection (c), the words "with respect to final decisions of the Secretary of Health, Education, and Welfare under subchapter II of this chapter" are 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.
| Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 8503(b) | [Uncodified]. | Sept. 13, 1960, |
This section also amends
Editorial Notes
Amendments
1976—Subsecs. (b), (c).
Subsec. (d).
Statutory Notes and Related Subsidiaries
Effective Date of 1976 Amendment
Amendment by
§8504. Assignment of Federal service and wages
Under regulations prescribed by the Secretary of Labor, the Federal service and Federal wages of a Federal employee shall be assigned to the State in which he had his last official station in Federal service before the filing of his first claim for compensation for the benefit year. However—
(1) if, at the time of filing his first claim, he resides in another State in which he performed, after the termination of his Federal service, service covered under the unemployment compensation law of the other State, his Federal service and Federal wages shall be assigned to the other State; and
(2) if his last official station in Federal service, before filing his first claim, was outside the United States, his Federal service and Federal wages shall be assigned to the State where he resides at the time he files his first claim.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Sept. 1, 1954, ch. 1212, §4(a) "Sec. 1504", |
||
| Sept. 13, 1960, |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
| Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 8504(3) | [Uncodified]. | Sept. 13, 1960, |
This section also amends
Editorial Notes
Amendments
1976—Par. (3).
Statutory Notes and Related Subsidiaries
Effective Date of 1976 Amendment
Amendment by
§8505. Payments to States
(a) Each State is entitled to be paid by the United States with respect to each individual whose base period wages included Federal wages an amount which shall bear the same ratio to the total amount of compensation paid to such individual as the amount of his Federal wages in his base period bears to the total amount of his base period wages.
(b) Each State shall be paid, either in advance or by way of reimbursement, as may be determined by the Secretary of Labor, the sum that the Secretary estimates the State is entitled to receive under this subchapter for each calendar month. The sum shall be reduced or increased by the amount which the Secretary finds that his estimate for an earlier calendar month was greater or less than the sum which should have been paid to the State. An estimate may be made on the basis of a statistical, sampling, or other method agreed on by the Secretary and the State agency.
(c) The Secretary, from time to time, shall certify to the Secretary of the Treasury the sum payable to each State under this section. The Secretary of the Treasury, before audit or settlement by the Government Accountability Office, shall pay the State in accordance with the certification from the funds for carrying out the purposes of this subchapter.
(d) Money paid a State under this subchapter may be used solely for the purposes for which it is paid. Money so paid which is not used for these purposes shall be returned, at the time specified by the agreement, to the Treasury of the United States and credited to current applicable appropriations, funds, or accounts from which payments to States under this subchapter may be made.
(e) An agreement may—
(1) require each State officer or employee who certifies payments or disburses funds under the agreement, or who otherwise participates in its performance, to give a surety bond to the United States in the amount the Secretary considers necessary; and
(2) provide for payment of the cost of the bond from funds for carrying out the purposes of this subchapter.
(f) In the absence of gross negligence or intent to defraud the United States, an individual designated by the Secretary, or designated under an agreement, as a certifying official is not liable for the payment of compensation certified by him under this subchapter.
(g) In the absence of gross negligence or intent to defraud the United States, a disbursing official is not liable for a payment by him under this subchapter if it was based on a voucher signed by a certifying official designated as provided by subsection (f) of this section.
(h) For the purpose of payments made to a State under subchapter III of
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Sept. 1, 1954, ch. 1212, §4(a) "Sec. 1506", |
In the first sentence of subsection (d), the word "may" is substituted for "shall" since the sentence does not direct the use of the money, rather it limits the purposes for which the money may be used.
In subsections (f) and (g), the word "official" is substituted for "officer" because of the definition of "officer" in section 2104.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Editorial Notes
Amendments
2004—Subsec. (c).
1976—Subsec. (a).
Statutory Notes and Subsidiaries
Effective Date of 1976 Amendment
Amendment by
§8506. Dissemination of information
(a) Each agency of the United States and each wholly or partially owned instrumentality of the United States shall make available to State agencies which have agreements under this subchapter, or to the Secretary of Labor, as the case may be, such information concerning the Federal service and Federal wages of a Federal employee as the Secretary considers practicable and necessary for the determination of the entitlement of the Federal employee to compensation under this subchapter. The information shall include the findings of the employing agency concerning—
(1) whether or not the Federal employee has performed Federal service;
(2) the periods of Federal service;
(3) the amount of Federal wages; and
(4) the reasons for termination of Federal service.
The employing agency shall make the findings in the form and manner prescribed by regulations of the Secretary. The regulations shall include provision for correction by the employing agency of errors and omissions. This subsection does not apply with respect to Federal service and Federal wages covered by subchapter II of this chapter.
(b) The agency administering the unemployment compensation law of a State shall furnish the Secretary such information as he considers necessary or appropriate in carrying out this subchapter. The information is deemed the report required by the Secretary for the purpose of
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Sept. 1, 1954, ch. 1212, §4(a) "Sec. 1507", |
||
| Aug. 28, 1958, |
||
| Sept. 13, 1960, |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Editorial Notes
Amendments
1976—Subsec. (a).
Statutory Notes and Related Subsidiaries
Effective Date of 1976 Amendment
§8507. False statements and misrepresentations
(a) If a State agency, the Secretary of Labor, or a court of competent jurisdiction finds that an individual—
(1) knowingly has made, or caused to be made by another, a false statement or representation of a material fact, or knowingly has failed, or caused another to fail, to disclose a material fact; and
(2) as a result of that action has received an amount as compensation under this subchapter to which he was not entitled;
the individual shall repay the amount to the State agency or the Secretary. Instead of requiring repayment under this subsection, the State agency or the Secretary may recover the amount by deductions from compensation payable to the individual under this subchapter during the 2-year period after the date of the finding. A finding by a State agency or the Secretary may be made only after an opportunity for a fair hearing, subject to such further review as may be appropriate under
(b) An amount repaid under subsection (a) of this section shall be—
(1) deposited in the fund from which payment was made, if the repayment was to a State agency; or
(2) returned to the Treasury of the United States and credited to the current applicable appropriation, fund, or account from which payment was made, if the repayment was to the Secretary.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Sept. 1, 1954, ch. 1212, §4(a), "Sec. 1508(b)", |
In subsection (a), the words "as the case may be", "be liable to", and "of any amount" are 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.
§8508. Regulations
The Secretary of Labor may prescribe rules and regulations necessary to carry out this subchapter and subchapter II of this chapter. The Secretary, insofar as practicable, shall consult with representatives of the State unemployment compensation agencies before prescribing rules or regulations which may affect the performance by the State agencies of functions under agreements under this subchapter.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Sept. 1, 1954, ch. 1212, §4(a) "Sec. 1509", |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
§8509. Federal Employees Compensation Account
(a) The Federal Employees Compensation Account (as established by section 909 of the Social Security Act, and hereafter in this section referred to as the "Account") in the Unemployment Trust Fund (as established by section 904 of such Act) shall consist of—
(1) funds appropriated to or transferred thereto, and
(2) amounts deposited therein pursuant to subsection (c).
(b) Moneys in the Account shall be available only for the purpose of making payments to States pursuant to agreements entered into under this chapter and making payments of compensation under this chapter in States which do not have in effect such an agreement.
(c)(1) Each employing agency shall deposit into the Account amounts equal to the expenditures incurred under this chapter on account of Federal service performed by employees and former employees of that agency.
(2) Deposits required by paragraph (1) shall be made during each calendar quarter and the amount of the deposit to be made by any employing agency during any quarter shall be based on a determination by the Secretary of Labor as to the amounts of payments, made prior to such quarter from the Account based on Federal service performed by employees of such agency after December 31, 1980, with respect to which deposit has not previously been made. The amount to be deposited by any employing agency during any calendar quarter shall be adjusted to take account of any overpayment or underpayment of deposit during any previous quarter for which adjustment has not already been made.
(3) If any Federal agency does not deposit in the Federal Employees Compensation Account any amount before the date 30 days after the date on which the Secretary of Labor has notified such agency that it is required to so deposit such amount, the Secretary of Labor shall notify the Secretary of the Treasury of the failure to make such deposit and the Secretary of the Treasury shall transfer such amount to the Federal Employees Compensation Account from amounts otherwise appropriated to such Federal agency.
(d) The Secretary of Labor shall certify to the Secretary of the Treasury the amount of the deposit which each employing agency is required to make to the Account during any calendar quarter, and the Secretary of the Treasury shall notify the Secretary of Labor as to the date and amount of any deposit made to such Account by any such agency.
(e) Prior to the beginning of each fiscal year (commencing with the fiscal year which begins October 1, 1981) the Secretary of Labor shall estimate—
(1) the amount of expenditures which will be made from the Account during such year, and
(2) the amount of funds which will be available during such year for the making of such expenditures,
and if, on the basis of such estimate, he determines that the amount described in paragraph (2) is in excess of the amount necessary—
(3) to meet the expenditures described in paragraph (1), and
(4) to provide a reasonable contingency fund so as to assure that there will, during all times in such year, be sufficient sums available in the Account to meet the expenditures described in paragraph (1),
he shall certify the amount of such excess to the Secretary of the Treasury and the Secretary of the Treasury shall transfer, from the Account to the general fund of the Treasury, an amount equal to such excess.
(f) The Secretary of Labor is authorized to establish such rules and regulations as may be necessary or appropriate to carry out the provisions of this section.
(g) Any funds appropriated after the establishment of the Account, for the making of payments for which expenditures are authorized to be made from moneys in the Account, shall be made to the Account; and there are hereby authorized to be appropriated to the Account, from time to time, such sums as may be necessary to assure that there will, at all times, be sufficient sums available in the Account to meet the expenditures authorized to be made from moneys therein.
(h) For purposes of this section, the term "Federal service" includes Federal service as defined in section 8521(a).
(Added
Editorial Notes
References in Text
Sections 909 and 904 of the Social Security Act, referred to in subsec. (a), are classified to sections 1109 and 1104, respectively, of Title 42, The Public Health and Welfare.
Amendments
1992—Subsec. (c)(3).
1982—Subsecs. (b), (c)(1).
Subsec. (h).
Statutory Notes and Related Subsidiaries
Effective Date of 1992 Amendment
Effective Date of 1982 Amendment
Transfer of Appropriated Unemployment Compensation Funds
SUBCHAPTER II—EX-SERVICEMEN
§8521. Definitions; application
(a) For the purpose of this subchapter—
(1) "Federal service" means active service (not including active duty in a reserve status unless for a continuous period of 180 days or more) in the armed forces or the Commissioned Corps of the National Oceanic and Atmospheric Administration if with respect to that service—
(A) the individual was discharged or released under honorable conditions (and, if an officer, did not resign for the good of the service); and
(B)(i) the individual was discharged or released after completing his first full term of active service which the individual initially agreed to serve, or
(ii) the individual was discharged or released before completing such term of active service—
(I) for the convenience of the Government under an early release program,
(II) because of medical disqualification, pregnancy, parenthood, or any service-incurred injury or disability,
(III) because of hardship (including pursuant to a sole survivorship discharge, as that term is defined in
(IV) because of personality disorders or inaptitude but only if the service was continuous for 365 days or more;
(2) "Federal wages" means all pay and allowances, in cash and in kind, for Federal service, computed on the basis of the pay and allowances for the pay grade of the individual at the time of his latest discharge or release from Federal service as specified in the schedule applicable at the time he files his first claim for compensation for the benefit year. The Secretary of Labor shall issue, from time to time, after consultation with the Secretary of Defense, schedules specifying the pay and allowances for each pay grade of servicemen covered by this subchapter, which reflect representative amounts for appropriate elements of the pay and allowances whether in cash or in kind; and
(3) "State" means the several States, the District of Columbia, the Commonwealth of Puerto Rico, and the Virgin Islands.
(b) The provisions of subchapter I of this chapter, subject to the modifications made by this subchapter, apply to individuals who have had Federal service as defined by subsection (a) of this section.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Aug. 28, 1958, |
In subsection (a)(1), the words "armed forces" are coextensive with and substituted for "Army, Navy, Air Force, Marine Corps, or Coast Guard of the United States" in view of the definition of "armed forces" in section 2101. The words "after October 27, 1958" are substituted for "after the sixtieth day after August 28, 1958".
In subsection (b), the words "with respect to weeks of unemployment ending after the sixtieth day after August 28, 1958" are omitted as obsolete because the law is here stated with prospective effect.
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
This incorporates into
Editorial Notes
Codification
Section 8 of
Amendments
2015—Subsec. (a)(1).
2008—Subsec. (a)(1)(B)(ii)(III).
1991—Subsec. (a)(1).
Subsec. (c).
"(1) An individual shall not be entitled to compensation under this subchapter for any week before the fifth week beginning after the week in which the individual was discharged or released.
"(2) The aggregate amount of compensation payable on the basis of Federal service (as defined in subsection (a)) to any individual with respect to any benefit year shall not exceed 13 times the individual's weekly benefit amount for total unemployment."
1982—Subsec. (a)(1).
Subsec. (c).
1981—Subsec. (a)(1)(B).
1980—Subsec. (a)(1).
Subsec. (a)(1)(A).
1976—Subsec. (a)(3).
Statutory Notes and Related Subsidiaries
Effective Date of 2015 Amendment
Effective Date of 2008 Amendment
Amendment by
Effective Date of 1991 Amendment
Effective Date of 1982 Amendment; Transitional Rule
"(1)
"(2)
Effective Date of 1981 Amendment
Effective Date of 1980 Amendments
Amendment by
Effective Date of 1976 Amendment
Amendment by
Effective Date of 1967 Amendment
Amendment by
§8522. Assignment of Federal service and wages
Notwithstanding
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Aug. 28, 1958, |
||
| Sept. 13, 1960, |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Editorial Notes
Amendments
1976—
Statutory Notes and Related Subsidiaries
Effective Date of 1976 Amendment
Amendment by
§8523. Dissemination of information
(a) When designated by the Secretary of Labor, an agency of the United States shall make available to the appropriate State agency or to the Secretary, as the case may be, such information, including findings in the form and manner prescribed by regulations of the Secretary, as the Secretary considers practicable and necessary for the determination of the entitlement of an individual to compensation under this subchapter.
(b) Subject to correction of errors and omissions as prescribed by regulations of the Secretary, the following are final and conclusive for the purpose of
(1) Findings by an agency of the United States made in accordance with subsection (a) of this section with respect to—
(A) whether or not an individual has met any condition specified by
(B) the periods of Federal service; and
(C) the pay grade of the individual at the time of his latest discharge or release from Federal service.
(2) The schedules of pay and allowances prescribed by the Secretary under
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Aug. 28, 1958, |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
[§8524. Repealed. Pub. L. 91–373, title I, §107, Aug. 10, 1970, 84 Stat. 701 ]
Section,
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
§8525. Effect on other statutes
(a) Subsection (b)(2) does not apply to an individual who—
(1) is otherwise entitled to compensation under this subchapter;
(2) is described in
(3) is not receiving retired pay under title 10; and
(4) was discharged or released from service in the Armed Forces or the Commissioned Corps of the National Oceanic and Atmospheric Administration (including through a reduction in force) under honorable conditions, but did not voluntarily separate from such service.
(b) An individual is not entitled to compensation under this subchapter for any period with respect to which the individual receives—
(1) a subsistence allowance under
(2) except in the case of an individual described in subsection (a), an educational assistance allowance under
(3) an educational assistance allowance under
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Aug. 28, 1958, Sept. 2, 1958, |
In subsection (b), the words "an education and training allowance under subsection (a), (b), (c), or (d) of
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
This section deletes subsection (a) of
Editorial Notes
Amendments
2015—Subsec. (a).
Subsec. (b).
Subsec. (b)(2), (3).
CHAPTER 87 —LIFE INSURANCE
Editorial Notes
Amendments
1994—
1988—
1984—
1980—
1967—
§8701. Definitions
(a) For the purpose of this chapter, "employee" means—
(1) an employee as defined by
(2) a Member of Congress as defined by
(3) a Congressional employee as defined by
(4) the President;
(5) a justice or judge of the United States appointed to hold office during good behavior (i) who is in regular active judicial service, or (ii) who is retired from regular active service under
(6) an individual first employed by the government of the District of Columbia before October 1, 1987;
(7) an individual employed by Gallaudet College; 1
(8) an individual employed by a county committee established under
(9) an individual appointed to a position on the office staff of a former President under section 1(b) of the Act of August 25, 1958 (
(10) an individual appointed to a position on the office staff of a former President, or a former Vice President under section 5 of the Presidential Transition Act of 1963, as amended (
but does not include—
(A) an employee of a corporation supervised by the Farm Credit Administration if private interests elect or appoint a member of the board of directors;
(B) an individual who is not a citizen or national of the United States and whose permanent duty station is outside the United States, unless the individual was an employee for the purpose of this chapter on September 30, 1979, by reason of service in an Executive agency, the United States Postal Service, or the Smithsonian Institution in the area which was then known as the Canal Zone; or
(C) an employee excluded by regulation of the Office of Personnel Management under
(b) Notwithstanding subsection (a) of this section, the employment of a teacher in the recess period between two school years in a position other than a teaching position in which he served immediately before the recess period does not qualify the individual as an employee for the purpose of this chapter. For the purpose of this subsection, "teacher" and "teaching position" have the meanings given them by
(c) For the purpose of this chapter, "basic insurance amount" means, in the case of any employee under this chapter, an amount equal to the greater of—
(1) the annual rate of basic pay payable to the employee, rounded to the next higher multiple of $1,000, plus $2,000, or
(2) $10,000.
In the case of any former employee entitled to coverage under this chapter, the term means the basic insurance amount applicable for the employee at the time the insurance to which the employee is entitled as an employee under this chapter stops pursuant to
(d)(1) For the purpose of this chapter, "family member", when used with respect to any individual, means—
(A) the spouse of the individual; and
(B) an unmarried dependent child of the individual (other than a stillborn child), including an adopted child, stepchild or foster child (but only if the stepchild or foster child lived with the individual in a regular parent-child relationship), or recognized natural child—
(i) who is less than 22 years of age, or
(ii) who is 22 years of age or older and is incapable of self-support because of a mental or physical disability which existed before the child became 22 years of age.
(2) For the purpose of this subsection, "dependent", in the case of any child, means that the individual involved was, at the time of the child's death, either living with or contributing to the support of the child, as determined in accordance with the regulations the Office shall prescribe.
(
The definition of "Congressional employee" in
The definition of "employee" in
In subsection (a) (B), the words "United States" are substituted for "a State of the United States or the District of Columbia".
Subsection (a)(C) is added for clarity.
In subsection (b), the last sentence is added on authority of former section 2351, which section is scheduled for transfer to
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Editorial Notes
References in Text
Act of August 25, 1958 (
Section 5 of the Presidential Transition Act of 1963, referred to in subsec. (a)(10), is section 5 of
Amendments
Subsec. (a)(10).
1998—Subsec. (c).
Subsec. (d)(1)(B).
1988—Subsec. (a)(10).
1986—Subsec. (a)(6).
1984—Subsec. (a)(5) to (9).
1980—
Subsec. (c).
Subsec. (d).
1979—Subsec. (a)(7) to (9).
Subsec. (a)(B).
1978—Subsec. (a)(C).
1973—Subsec. (a)(B).
1970—Subsec. (a)(B).
Statutory Notes and Related Subsidiaries
Change of Name
Gallaudet College, referred to in subsec. (a)(7), redesignated Gallaudet University by section 101(a) of
Effective Date of 1998 Amendment
"(a)
"(b)
"(c)
"(d)
"(e)
"(1)
"(2)
"(A) separated from service before such effective date due to retirement or entitlement to compensation under subchapter I of
"(B) continued additional optional insurance pursuant to section 8714b(c)(2) as in effect immediately before such effective date.
"(f)
"(g)
"(1) begins on or after the date occurring 365 days after the first day of the election period authorized under section 9; and
"(2) follows a pay period in which the employee was in a pay and duty status."
Effective Date of 1986 Amendment
Amendment by
Effective Date of 1980 Amendment
"(a) Unless otherwise specified, this Act [see Short Title note below] shall take effect on the date of the enactment of this Act [Oct. 10, 1980] and shall have no effect in the case of an employee who died, was separated, or retired before the date of enactment.
"(b) The amendment made by subsection (d) of section 2 of this Act [amending
"(c) The amendment made by section 3 of this Act [amending
"(d) The amendments made by sections 7 and 8 of this Act [enacting
Effective Date of 1979 Amendments
Amendment by
Amendment by
Effective Date of 1978 Amendment
Amendment by
Short Title of 1998 Amendment
Short Title of 1994 Amendment
Short Title of 1980 Amendment
Construction
"(1) United States magistrate judges.
"(2) Bankruptcy judges appointed under
"(3) Judges of the District Court of Guam, judges of the District Court for the Northern Mariana Islands, and judges of the District Court of the Virgin Islands.
"(4) Bankruptcy judges and magistrate judges retired under
"(5) Judges retired under
[Section 307(b) of
Similar provisions were contained in the following prior act:
Open Season
"(1) may, if the employee previously declined or voluntarily terminated any coverage under
"(2) may, if currently insured for optional life insurance on family members, elect an amount above the minimum insurance on a spouse."
"(1) The Office of Personnel Management shall prescribe regulations under which, beginning not later than 9 months after the date of the enactment of this Act [Oct. 25, 1994], and over a period of not less than 8 weeks—
"(A) an employee (as defined by
"(i) may elect to begin, or to resume, group life insurance and group accidental death and dismemberment insurance; and
"(ii) may make such other elections under such chapter as the Office may allow; and
"(B) such other elections as the Office allows may be made.
"(2) The Office shall take such action as may be necessary to ensure that employees and any other individuals who would be eligible to make an election under this subsection are afforded advance notification to that effect."
Continued Coverage Under Certain Federal Employee Benefit Programs for Certain Employees of Saint Elizabeths Hospital
For provisions relating to treatment of certain Federal employees of Saint Elizabeths Hospital under certain Federal employee benefit programs, see section 207(o) of
1 See Change of Name note below.
§8702. Automatic coverage
(a) An employee is automatically insured on the date he becomes eligible for insurance and each policy of insurance purchased by the Office of Personnel Management under this chapter shall provide for that automatic coverage.
(b) An employee desiring not to be insured shall give written notice to his employing office on a form prescribed by the Office. If the notice is received before he has become insured, he shall not be insured. If the notice is received after he has become insured, his insurance stops at the end of the pay period in which the notice is received.
(c) Notwithstanding a notice previously given under subsection (b), an employee who is deployed in support of a contingency operation (as that term is defined in
(d) Any services by an officer or employee under this chapter relating to benefits under this chapter shall be deemed, for purposes of
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Aug. 17, 1954, ch. 752, §5(a) (less 1st par.), |
In subsection (a), the words "eligible for insurance" are coextensive with and substituted for "eligible under the terms of this chapter".
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Editorial Notes
Amendments
2019—Subsec. (d).
2008—Subsec. (c).
2000—Subsec. (c).
1978—Subsecs. (a), (b).
Statutory Notes and Related Subsidiaries
Effective Date of 2019 Amendment
Effective Date of 1978 Amendment
Amendment by
Regulations
"(1)
"(2)
Applicability
§8703. Benefit certificate
The Office of Personnel Management shall arrange to have each insured employee receive a certificate setting forth the benefits to which he is entitled, to whom the benefits are payable, to whom the claims shall be submitted, and summarizing the provisions of the policy principally affecting him. The certificate is issued instead of the certificate which the insurance company would otherwise be required to issue.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Aug. 17, 1954, ch. 752, §9, |
The words "each insured employee" are coextensive with and substituted for "each employee insured under such policy".
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Editorial Notes
Amendments
1978—
Statutory Notes and Related Subsidiaries
Effective Date of 1978 Amendment
Amendment by
§8704. Group insurance; amounts
(a) An employee eligible for insurance is entitled to be insured for an amount of group life insurance equal to—
(1) the employee's basic insurance amount, multiplied by
(2) the appropriate factor determined on the basis of the employee's age in accordance with the following schedule:
| If the age of the employee is | The appropriate factor is: |
|---|---|
| 35 or under | 2.0 |
| 36 | 1.9 |
| 37 | 1.8 |
| 38 | 1.7 |
| 39 | 1.6 |
| 40 | 1.5 |
| 41 | 1.4 |
| 42 | 1.3 |
| 43 | 1.2 |
| 44 | 1.1 |
| 45 or over | 1.0. |
(b) An employee eligible for insurance is entitled to be insured for group accidental death and dismemberment insurance in accordance with this subsection. Subject to the conditions and limitations approved by the Office of Personnel Management which are contained in the policy purchased by the Office, the group accidental death and dismemberment insurance provides payment as follows:
| Loss | Amount payable |
|---|---|
| For loss of life | Full amount of the employee's basic insurance amount. |
| Loss of one hand or of one foot or loss of sight of one eye | One-half the amount of the employee's basic insurance amount. |
| Loss of two or more such members | Full amount of the employee's basic insurance amount. |
For any one accident the aggregate amount of group accidental death and dismemberment insurance that may be paid may not exceed an amount equal to the employee's basic insurance amount.
(c) The Office shall prescribe regulations providing for the conversion of other than annual rates of pay to annual rates of pay and shall specify the types of pay included in annual pay. For the purpose of this chapter, "annual pay" includes—
(1) premium pay under
(2) with respect to a law enforcement officer as defined in
(d) In determining the amount of insurance to which an employee is entitled—
(1) a change in rate of pay under subchapter VI of
(2) a change in rate of pay under
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| (a)–(c) | Aug. 17, 1954, ch. 752, §3 (less (d)), |
|
| (d)(1) | [Uncodified]. | Aug. 23, 1958, |
| (d)(2) | Sept. 2, 1958, |
In subsection (a), the words "An employee eligible for insurance is entitled" are coextensive with and substituted for "Each employee to whom this chapter applies shall be eligible".
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Editorial Notes
Amendments
1988—Subsec. (c)(2).
1980—Subsec. (a).
| If annual pay is— | The amount of group life insurance is— | The amount of group accidental death and dismemberment insurance is— | |
|---|---|---|---|
| Greater than— | But not greater than— | ||
| 0 | $8,000 | $10,000 | $10,000 |
| $8,000 | 9,000 | 11,000 | 11,000 |
| 9,000 | 10,000 | 12,000 | 12,000 |
| 10,000 | 11,000 | 13,000 | 13,000 |
| 11,000 | 12,000 | 14,000 | 14,000 |
| 12,000 | 13,000 | 15,000 | 15,000 |
| 13,000 | 14,000 | 16,000 | 16,000 |
| 14,000 | 15,000 | 17,000 | 17,000 |
| 15,000 | 16,000 | 18,000 | 18,000 |
| 16,000 | 17,000 | 19,000 | 19,000 |
| 17,000 | 18,000 | 20,000 | 20,000 |
| 18,000 | 19,000 | 21,000 | 21,000 |
| 19,000 | 20,000 | 22,000 | 22,000 |
| 20,000 | 21,000 | 23,000 | 23,000 |
| 21,000 | 22,000 | 24,000 | 24,000 |
| 22,000 | 23,000 | 25,000 | 25,000 |
| 23,000 | 24,000 | 26,000 | 26,000 |
| 24,000 | 25,000 | 27,000 | 27,000 |
| 25,000 | 26,000 | 28,000 | 28,000 |
| 26,000 | 27,000 | 29,000 | 29,000 |
| 27,000 | 28,000 | 30,000 | 30,000 |
| 28,000 | 29,000 | 31,000 | 31,000 |
| 29,000 | 32,000 | 32,000 | |
Subsec. (b).
Subsec. (c).
1978—Subsecs. (b), (c).
Subsec. (d)(1).
1972—Subsec. (d)(2).
1967—Subsec. (a).
1966—Subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 1988 Amendment
Amendment by
Effective Date of 1980 Amendment
Amendment by section 2(d) of
Effective Date of 1978 Amendment
Amendment by section 801(a)(3)(E) of
Amendment by section 906(a)(2), (3) of
Effective Date of 1972 Amendment
Amendment by
Effective Date of 1967 Amendment
Effective Date of 1966 Amendment
Amendment by
Retroactive Effect of 1967 Amendment
1967 Adjustment in Amount of Insurance
"(1) all changes in rates of pay which result from the enactment of this title [see Short Title Note under
"(2) all changes in rates of pay which result from the enactment of
[Section 220(b) of
§8705. Death claims; order of precedence; escheat
(a) Except as provided in subsection (e), the amount of group life insurance and group accidental death insurance in force on an employee at the date of his death shall be paid, on the establishment of a valid claim, to the person or persons surviving at the date of his death, in the following order of precedence:
First, to the beneficiary or beneficiaries designated by the employee in a signed and witnessed writing received before death in the employing office or, if insured because of receipt of annuity or of benefits under subchapter I of
Second, if there is no designated beneficiary, to the widow or widower of the employee.
Third, if none of the above, to the child or children of the employee and descendants of deceased children by representation.
Fourth, if none of the above, to the parents of the employee or the survivor of them.
Fifth, if none of the above, to the duly appointed executor or administrator of the estate of the employee.
Sixth, if none of the above, to other next of kin of the employee entitled under the laws of the domicile of the employee at the date of his death.
(b) If, within 1 year after the death of the employee, no claim for payment has been filed by a person entitled under the order of precedence named by subsection (a) of this section, or if payment to the person within that period is prohibited by Federal statute or regulation, payment may be made in the order of precedence as if the person had predeceased the employee, and the payment bars recovery by any other person.
(c) If, within 2 years after the death of the employee, no claim for payment has been filed by a person entitled under the order of precedence named by subsection (a) of this section, and neither the Office nor the administrative office established by the company concerned pursuant to
(d) If, within 4 years after the death of the employee, payment has not been made under this section and no claim for payment by a person entitled under this section is pending, the amount payable escheats to the credit of the Employees' Life Insurance Fund.
(e)(1) Any amount which would otherwise be paid to a person determined under the order of precedence named by subsection (a) shall be paid (in whole or in part) by the Office to another person if and to the extent expressly provided for in the terms of any court decree of divorce, annulment, or legal separation, or the terms of any court order or court-approved property settlement agreement incident to any court decree of divorce, annulment, or legal separation.
(2) For purposes of this subsection, a decree, order, or agreement referred to in paragraph (1) shall not be effective unless it is received, before the date of the covered employee's death, by the employing agency or, if the employee has separated from service, by the Office.
(3) A designation under this subsection with respect to any person may not be changed except—
(A) with the written consent of such person, if received as described in paragraph (2); or
(B) by modification of the decree, order, or agreement, as the case may be, if received as described in paragraph (2).
(4) The Office shall prescribe any regulations necessary to carry out this subsection, including regulations for the application of this subsection in the event that two or more decrees, orders, or agreements, are received with respect to the same amount.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Aug. 17, 1954, ch. 752, §4, Aug. 28, 1962, |
In subsection (c), the words "Employees' Life Insurance Fund" are substituted for "fund created pursuant to
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
| Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 8705(a) | 5 App.: 2093. | Mar. 23, 1966, |
In subsection (a), "Civil Service Commission" is substituted for "Commission" on authority of former
In subsection (c), "Commission" is substituted for "Civil Service Commission" for consistency of style. The full title of the Commission is set forth the first time it is used in a section.
Editorial Notes
Amendments
1998—Subsec. (a).
Subsec. (e).
1978—Subsec. (a).
Subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 1978 Amendments
Amendment by
Amendment by
§8706. Termination of insurance; assignment of ownership
(a) A policy purchased under this chapter shall contain a provision, approved by the Office of Personnel Management, to the effect that insurance on an employee stops on his separation from the service or 12 months after discontinuance of his pay, whichever is earlier, subject to a provision for temporary extension of life insurance coverage and for conversion to an individual policy of life insurance under conditions approved by the Office. Justices and judges of the United States described in section 8701(a)(5)(ii) and (iii) of this chapter are deemed to continue in active employment for purposes of this chapter.
(b)(1) In the case of any employee who retires on an immediate annuity and has been insured under this chapter throughout—
(A) the 5 years of service immediately preceding the date of the employee's retirement, or
(B) the full period or periods of service during which the employee was entitled to be insured, if fewer than 5 years,
life insurance, without accidental death and dismemberment insurance, may be continued, under conditions determined by the Office.
(2) In the case of any employee who becomes entitled to receive compensation under subchapter I of
(A) the 5 years of service immediately preceding the date the employee becomes entitled to compensation, or
(B) the full period or periods of service during which the employee was entitled to be insured, if fewer than 5 years,
life insurance, without accidental death and dismemberment insurance, may be continued, under conditions determined by the Office, during the period the employee is receiving compensation and is held by the Secretary of Labor or the Secretary's delegate to be unable to return to duty.
(3) The amount of life insurance continued under paragraph (1) or (2) of this subsection shall be continued, with or without reduction, at the end of each full calendar month after the date the employee becomes 65 years of age and is retired or is receiving compensation for disease or injury, in accordance with the employee's written election at the time eligibility to continue insurance during retirement or receipt of compensation arises, as follows:
(A) the employee may elect to have the deductions required by
(B) in addition to any deductions which would be required if the insurance were continued as provided under subparagraph (A) of this paragraph, the employee may elect continuous withholdings from annuity or compensation in amounts determined by the Office, and the employee's life insurance coverage shall be either continued without reduction or reduced each month by no more than 1 percent of its face value until no less than 50 percent of the amount of insurance in force before the first reduction remains.
(4) If an employee elects to continue insurance under subparagraph (B) of paragraph (3) of this subsection at the time eligibility to continue insurance during retirement or receipt of compensation for disease or injury arises, the individual may later cancel that election and life insurance coverage shall continue as if the individual had originally elected coverage under subparagraph (A) of paragraph (3) of this subsection.
(c) Notwithstanding subsections (a) and (b) of this section, an employee who enters on approved leave without pay to serve as a full-time officer or employee of an organization composed primarily of employees as defined by
(d)(1) An employee who enters on approved leave without pay in the circumstances described in paragraph (2) may elect to have such employee's life insurance continue (beyond the end of the 12 months of coverage provided for under subsection (a)) for an additional 12 months and arrange to pay currently into the Employees' Life Insurance Fund, through such employee's employing agency, both employee and agency contributions, from the beginning of that additional 12 months of coverage. The employing agency shall forward the premium payments to the Fund. If the employee does not so elect, such employee's insurance will continue during nonpay status and stop as provided by subsection (a). An individual making an election under this subsection may cancel that election at any time, in which case such employee's insurance will stop as provided by subsection (a) or upon receipt of notice of cancellation, whichever is later.
(2) This subsection applies in the case of any employee who—
(A) is a member of a reserve component of the armed forces called or ordered to active duty under a call or order that does not specify a period of 30 days or less; and
(B) enters on approved leave without pay to perform active duty pursuant to such call or order.
(e) If the insurance of an employee stops because of separation from the service or suspension without pay, and the separation or suspension is thereafter officially found to have been erroneous, the employee is deemed to have been insured during the period of erroneous separation or suspension. Deductions otherwise required by
(f)(1) Under regulations prescribed by the Office, each policy purchased under this chapter shall provide that an insured employee or former employee may make an irrevocable assignment of the employee's or former employee's incidents of ownership in the policy.
(2) A court decree of divorce, annulment, or legal separation, or the terms of a court-approved property settlement agreement incident to any court decree of divorce, annulment, or legal separation, may direct that an insured employee or former employee make an irrevocable assignment of the employee's or former employee's incidents of ownership in insurance under this chapter (if there is no previous assignment) to the person specified in the court order or court-approved property settlement agreement.
(g) If the insurance of a former employee receiving a disability annuity under
(h) The insurance of an employee under a policy purchased under section 8709 shall not be invalidated based on a finding that the employee erroneously became insured, or erroneously continued insurance upon retirement or entitlement to compensation under subchapter I of
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| (a)–(c) | Aug. 17, 1954, ch. 752, §6, |
|
| May 28, 1956, ch. 328, §1, |
||
| Sept. 23, 1959, |
||
| (d) | Aug. 1, 1956, ch. 837, §501(c)(1) (less applicability to §2(b)), |
In subsection (b), the words "armed forces" are coextensive with and substituted for "Army, Navy, Air Force, and Marine Corps, or Coast Guard of the United States" in view of the definition of "armed forces" in section 2101.
In subsection (c), the word "only" is supplied for clarity and for consistency with subsection (b). The words "under conditions determined by the Commission, without cost to him" are coextensive with and substituted for "as provided in subsection (b) of this section".
In subsection (d), the first sentence of former section 2091(c) is omitted as unnecessary as the definition of "employee" in section 8701 precludes acquisition of coverage by a member of a uniformed service. The words "
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
| Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 8706(e) | 5 App.: 2095(d). | July 18, 1966, |
The words "subsections (a)–(c) of this section" are substituted for "the foregoing" to reflect the codification of former
Editorial Notes
Amendments
2008—Subsecs. (d) to (h).
1998—Subsec. (e).
Subsec. (g).
1994—Subsec. (e).
1992—Subsecs. (f), (g).
1986—Subsec. (a).
Subsecs. (c) to (f).
1985—Subsec. (g).
1984—
Subsec. (f).
1980—Subsec. (b).
"(1) If on the date the insurance would otherwise stop the employee retires on an immediate annuity and has been insured under this chapter throughout—
"(A) the 5 years of service immediately preceding such date, or
"(B) the full period or periods of service during which the employee was entitled to be insured, if less than 5 years,
life insurance only may be continued, without cost to the employee, under conditions determined by the Office.
"(2) If on the date the insurance would otherwise stop the employee is receiving compensation under subchapter I of
"(A) the 5 years of service immediately preceding such date, or
"(B) the full period or periods of service during which the employee was entitled to be insured, if less than 5 years,
life insurance only may be continued, without cost to the employee, under conditions determined by the Office, during the period the employee is receiving compensation for work injuries and is held by the Secretary of Labor or his delegate to be unable to return to duty.
"(3) The amount of life insurance continued under paragraph (1) or paragraph (2) of this subsection shall be reduced by 2 percent at the end of each full calendar month after the date the employee becomes 65 years of age and is retired or is receiving such compensation for disease or injury. The Office shall prescribe minimum amounts, not less than 25 percent of the amount of life insurance in force before the first reduction, to which the insurance may be reduced."
1978—Subsec. (a).
Subsec. (b).
"(1) his retirement is for disability; or
"(2) he has completed 12 years of creditable service as determined by the Commission;
his life insurance only may be continued, without cost to him, under conditions determined by the Commission. Periods of honorable, active service in the armed forces shall be credited toward the required 12 years if the employee has completed at least 5 years of civilian service. The amount of life insurance continued under this subsection shall be reduced by 2 percent at the end of each full calendar month after the date the employee becomes 65 years of age or retires, whichever is later. The Commission may prescribe minimum amounts, not less than 25 percent of the amount of life insurance in force before the first reduction, to which the insurance may be reduced."
Subsec. (c).
Subsec. (d).
Subsecs. (e), (f).
1972—Subsec. (f).
Statutory Notes and Related Subsidiaries
Effective Date of 1998 Amendment
Amendment by
Effective Date of 1986 Amendments
Amendment by
Effective Date of 1984 Amendment
"(a) Except as provided in subsection (b), the amendments made by this Act to
"(b) If a company which issued a policy which is in effect on the date of the enactment of this Act agrees, the amendments made by this Act [probably should be 'made by this Act to
Effective Date of 1980 Amendment
Amendment by
Effective Date of 1978 Amendments
Amendment by
Insurance Coverage for Restored Disability Annuitants
"(1) The amendments made by this section [amending this section and
"(2)(A) The Office of Personnel Management shall notify each individual under subparagraph (B) of any rights which such individual may have under section 8706(g) or
"(B) Notification under this paragraph shall be provided to any individual who, as of the 90th day after the date of enactment of this Act [June 17, 1985], is receiving a disability annuity which was restored to such individual under
"(3)(A) Nothing in this section shall be construed to authorize—
"(i) coverage under
"(ii) coverage under
"(B) This paragraph applies with respect to any individual receiving a disability annuity which is or was restored under
Election of Life Insurance or Health Benefits During Period of Service as Officer or Employee of an Employee Organization; Contributions Into Employees Life Insurance Fund or Employees Health Benefits Fund, Non-Election; Regulations
[Provision effective July 18, 1966, see section 410(1) of
§8707. Employee deductions; withholding
(a) Subject to subsection (c)(2), during each period in which an employee is insured under a policy purchased by the Office of Personnel Management under
(b)(1) Subject to subsection (c)(2), whenever life insurance continues after an employee retires on an immediate annuity or while the employee is receiving compensation under subchapter I of
(2) Notwithstanding paragraph (1) of this subsection, insurance shall be so continued without cost (other than as provided under section 8706(b)(3)(B)) to each employee who so retires, or commences receiving compensation, on or before December 31, 1989.
(c)(1) The amount withheld from the pay, annuity, or compensation of each employee subject to insurance deductions shall be at the rate, adjusted to the nearest half-cent, of 662/3 percent of the level cost as determined by the Office for each $1,000 of the employee's basic insurance amount.
(2) An employee who is subject to withholdings under this section and whose pay, annuity, or compensation is insufficient to cover such withholdings may nevertheless continue insurance if the employee arranges to pay currently into the Employees' Life Insurance Fund, through the agency or retirement system that administers pay, annuity, or compensation, an amount equal to the withholdings that would otherwise be required under this section.
(d) If an agency fails to withhold the proper amount of life insurance deductions from an individual's salary, compensation, or retirement annuity, the collection of unpaid deductions may be waived by the agency if, in the judgment of the agency, the individual is without fault and recovery would be against equity and good conscience. However, if the agency so waives the collection of unpaid deductions, the agency shall submit an amount equal to the sum of the uncollected deductions and related agency contributions required under
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Aug. 17, 1954, ch. 752, §5(a) (1st par.), Sept. 23, 1959, |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Editorial Notes
Amendments
1998—Subsec. (a).
Subsec. (b)(1).
Subsec. (c).
1980—Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (d).
1978—
1967—
Statutory Notes and Related Subsidiaries
Effective Date of 1998 Amendment
Amendment by
Effective Date of 1980 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Effective Date of 1967 Amendment
Amendment by
Retroactive Effect of 1967 Amendment
Amendment by
§8708. Government contributions
(a) For each period in which an employee is insured under a policy of insurance purchased by the Office of Personnel Management under
(b) When an employee is paid by the Chief Administrative Officer of the House of Representatives, the Chief Administrative Officer may contribute the sum required by subsection (a) of this section from the applicable accounts of the House of Representatives.
(c) When the employee is an elected official, the sum required by subsection (a) of this section is contributed from an appropriation or fund available for payment of other salaries of the same office or establishment.
(d)(1) Except as otherwise provided in this subsection, for each period in which an employee continues life insurance after retirement or while in receipt of compensation under subchapter I of
(2) Contributions under this subsection—
(A) shall not be made other than with respect to individuals who retire, or commence receiving compensation, after December 31, 1989;
(B) shall not be made with respect to any individual for months after the calendar month in which such individual becomes 65 years of age; and
(C) shall, in the case of any individual who elects coverage under subparagraph (B) of
(3) The United States Postal Service shall pay the contributions required under this subsection with respect to any individual who—
(A) first becomes an annuitant by reason of retirement from employment with the United States Postal Service after December 31, 1989; or
(B) commences receiving compensation under subchapter I of
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| (a), (c) | Aug. 17, 1954, ch. 752, §5(b), |
|
| (b) | Aug. 5, 1955, ch. 568, §101 (4th par. under "Administrative Provisions"), |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Editorial Notes
Amendments
1996—Subsec. (b).
1990—Subsec. (d).
1978—Subsec. (a).
1967—Subsec. (a).
Statutory Notes and Related Subsidiaries
Effective Date of 1978 Amendment
Amendment by
Effective Date of 1967 Amendment
Amendment by
Retroactive Effect of 1967 Amendment
Amendment by
§8709. Insurance policies
(a) The Office of Personnel Management, without regard to section 6101(b) to (d) of title 41, may purchase from one or more life insurance companies a policy or policies of group life and accidental death and dismemberment insurance to provide the benefits specified by this chapter. A company must meet the following requirements:
(1) It must be licensed to transact life and accidental death and dismemberment insurance under the laws of 48 of the States and the District of Columbia.
(2) It must have in effect, on the most recent December 31 for which information is available to the Office, an amount of employee group life insurance equal to at least 1 percent of the total amount of employee group life insurance in the United States in all life insurance companies.
(b) A company issuing a policy under subsection (a) of this section shall establish an administrative office under a name approved by the Office.
(c) The Office at any time may discontinue a policy purchased from a company under subsection (a) of this section.
(d)(1) The provisions of any contract under this chapter which relate to the nature or extent of coverage or benefits (including payments with respect to benefits) shall supersede and preempt any law of any State or political subdivision thereof, or any regulation issued thereunder, which relates to group life insurance to the extent that the law or regulation is inconsistent with the contractual provisions.
(2) For the purpose of this section, "State" means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and a territory or possession of the United States.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Aug. 17, 1954, ch. 752, §7 (less (c)–(e)), |
In subsection (a), the words "as determined by it" are 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.
Editorial Notes
Amendments
2011—Subsec. (a).
1980—Subsec. (d).
1978—Subsecs. (a) to (c).
Statutory Notes and Related Subsidiaries
Effective Date of 1980 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
§8710. Reinsurance
(a) The Office of Personnel Management shall arrange with a company issuing a policy under this chapter for the reinsurance, under conditions approved by the Office, of portions of the total amount of insurance under the policy, determined under this section, with other life insurance companies which elect to participate in the reinsurance.
(b) The Office shall determine for and in advance of a policy year which companies are eligible to participate as reinsurers and the amount of insurance under a policy which is to be allocated to the issuing company and to reinsurers. The Office shall make this determination at least every 3 years and when a participating company withdraws.
(c) The Office shall establish a formula under which the amount of insurance retained by an issuing company after ceding reinsurance, and the amount of reinsurance ceded to each reinsurer, is in proportion to the total amount of each company's group life insurance, excluding insurance purchased under this chapter, in force in the United States on the determination date, which is the most recent December 31 for which information is available to the Office. In determining the proportions, the portion of a company's group life insurance in force on the determination date in excess of $100,000,000 shall be reduced by—
(1) 25 percent of the first $100,000,000 of the excess;
(2) 50 percent of the second $100,000,000 of the excess;
(3) 75 percent of the third $100,000,000 of the excess; and
(4) 95 percent of the remaining excess.
However, the amount retained by or ceded to a company may not exceed 25 percent of the amount of the company's total life insurance in force in the United States on the determination date.
(d) A fraternal benefit association which is—
(1) licensed to transact life insurance under the laws of a State or the District of Columbia; and
(2) engaged in issuing insurance certificates on the lives of employees of the United States exclusively;
is eligible to act as a reinsuring company and may be allocated an amount of reinsurance equal to 25 percent of its total life insurance in force on employees of the United States on the determination date named by subsection (c) of this section.
(e) An issuing company or reinsurer is entitled, as a minimum, to be allocated an amount of insurance under the policy equal to any reduction from December 31, 1953, to the determination date, in the amount of the company's group life insurance under policies issued to associations of employees of the United States. However, any increase under this subsection in the amount allocated is reduced by the amount in force on the determination date of any policy covering life insurance agreements assumed by the Office.
(f) The Office may modify the computations under this section as necessary to carry out the intent of this section.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Aug. 17, 1954, ch. 752, §7(c)–(e), |
The section is reorganized to clarify the steps in the computation of the insurance allocable to issuing and reinsuring companies.
In subsections (c) and (d), references to the first determination date, December 31, 1953, are omitted as executed.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Editorial Notes
Amendments
1978—Subsecs. (a) to (c), (e), (f).
Statutory Notes and Related Subsidiaries
Effective Date of 1978 Amendment
Amendment by
§8711. Basic tables of premium rates
(a) A policy purchased under this chapter shall include, for the first policy year, basic tables of premium rates as follows:
(1) For group life insurance, a schedule of basic premium rates by age which the Office of Personnel Management determines to be consistent with the lowest schedule of basic premium rates generally charged for new group life insurance policies issued to large employers.
(2) For group accidental death and dismemberment insurance, a basic premium rate which the Office determines is consistent with the lowest rate generally charged for new group accidental death and dismemberment policies issued to large employers.
The schedule for group life insurance, except as otherwise provided by this section, shall be applied to the distribution by age of the amounts of group life insurance under the policy at its date of issuance to determine an average basic premium rate per $1,000 of life insurance.
(b) The policy shall provide that the basic premium rates determined for the first policy year continue for later policy years except as readjusted for a later year based on experience under the policy. The company issuing the policy may make the readjustment on a basis that the Office determines in advance of the policy year is consistent with the general practice of life insurance companies under policies of group life and group accidental death and dismemberment insurance issued to large employers.
(c) The policy shall provide that if the Office determines that ascertaining the actual age distribution of the amounts of group life insurance in force at the date of issue of the policy or at the end of the first or any later year of insurance thereunder would not be possible except at a disproportionately high expense, the Office may approve the determination of a tentative average group life premium rate, for the first or any later policy year, instead of using the actual age distribution. The Office, on request by the company issuing the policy, shall redetermine the tentative average premium rate during any policy year, if experience indicates that the assumptions made in determining that rate were incorrect for that year.
(d) The policy shall stipulate the maximum expense and risk charges for the first policy year. The Office shall determine these charges on a basis consistent with the general level of charges made by life insurance companies under policies of group life and accidental death and dismemberment insurance issued to large employers. The maximum charges continue from year to year, except that the Office may redetermine them for any year either by agreement with the company issuing the policy or on written notice given to the company at least 1 year before the beginning of the year for which the redetermined maximum charges will be effective.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Aug. 17, 1954, ch. 752, §8 (less (d)), |
In subsection (a), the word "policy" is substituted for "policy or policies" on authority of
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Editorial Notes
Amendments
1978—Subsecs. (a) to (d).
Statutory Notes and Related Subsidiaries
Effective Date of 1978 Amendment
Amendment by
§8712. Annual accounting; special contingency reserve
A policy purchased under this chapter shall provide for an accounting to the Office of Personnel Management not later than 90 days after the end of each policy year. The accounting shall set forth, in a form approved by the Office—
(1) the amounts of premiums actually accrued under the policy from its date of issue to the end of the policy year;
(2) the total of all mortality and other claim charges incurred for that period; and
(3) the amounts of the insurers' expense and risk charges for that period.
An excess of the total of paragraph (1) of this section over the sum of paragraphs (2) and (3) of this section shall be held by the company issuing the policy as a special contingency reserve to be used by the company only for charges under the policy. The reserve shall bear interest at a rate determined in advance of each policy year by the company and approved by the Office as being consistent with the rates generally used by the company for similar funds held under other group life insurance policies. When the Office determines that the special contingency reserve has attained an amount estimated by it to make satisfactory provision for adverse fluctuations in future charges under the policy, any further excess shall be deposited in the Treasury of the United States to the credit of the Employees' Life Insurance Fund. When a policy is discontinued, any balance remaining in the special contingency reserve after all charges have been made shall be deposited in the Treasury to the credit of the Fund. The company may make the deposit in equal monthly installments over a period of not more than 2 years.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Aug. 17, 1954, ch. 752, §8(d), |
The words "A policy purchased under this chapter" are substituted for "Each such policy" for clarity. The word "insurance", preceding the word "company", is omitted as unnecessary; and the word "company" is substituted for "company or companies" on authority of
The words "Employees' Life Insurance Fund" are substituted for "fund".
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Editorial Notes
Amendments
1978—
Statutory Notes and Related Subsidiaries
Effective Date of 1978 Amendment
Amendment by
§8713. Effect of other statutes
Any provision of law outside of this chapter which provides coverage or any other benefit under this chapter to any individuals who (based on their being employed by an entity other than the Government) would not otherwise be eligible for any such coverage or benefit shall not apply with respect to any individual appointed, transferred, or otherwise commencing that type of employment on or after October 1, 1988.
(Added
Editorial Notes
Prior Provisions
A prior section 8713,
§8714. Employees' Life Insurance Fund
(a) The amounts withheld from employees under
(1) premium payments under an insurance policy purchased under this chapter; and
(2) expenses incurred by the Office of Personnel Management in the administration of this chapter within the limitations that may be specified annually by appropriation acts.
(b) The Secretary of the Treasury may invest and reinvest any of the money in the Fund in interest-bearing obligations of the United States, and may sell these obligations for the purposes of the Fund. The interest on and the proceeds from the sale of these obligations, and the income derived from dividend or premium rate adjustments from insurers, become a part of the Fund.
(c)(1) No tax, fee, or other monetary payment may be imposed or collected by any State, the District of Columbia, or the Commonwealth of Puerto Rico, or by any political subdivision or other governmental authority thereof, on, or with respect to, any premium paid under an insurance policy purchased under this chapter.
(2) Paragraph (1) of this subsection shall not be construed to exempt any company issuing a policy of insurance under this chapter from the imposition, payment, or collection of a tax, fee, or other monetary payment on the net income or profit accruing to or realized by that company from business conducted under this chapter, if that tax, fee, or payment is applicable to a broad range of business activity.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Aug. 17, 1954, ch. 752, §5(c) (less applicability to §10), Aug. 11, 1955, ch. 794, §1(a) "(c) (less applicability to §10)", (b), |
||
| Apr. 11, 1958, |
In subsection (a), the words "of the Employees' Life Insurance Fund" are substituted for "of a fund which is hereby created". The proviso which made appropriations available to the Commission for salaries and expenses for the fiscal year 1955 available on a reimbursable basis for necessary administrative expenses for carrying out the purposes of this chapter is omitted as executed.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Editorial Notes
Amendments
1980—Subsec. (c).
1978—Subsec. (a)(2).
Statutory Notes and Related Subsidiaries
Effective Date of 1980 Amendment
Effective Date of 1978 Amendment
Amendment by
Funding
§8714a. Optional insurance
(a) Under the conditions, directives, and terms specified in
(b)(1) An employee who is deployed in support of a contingency operation (as that term is defined in
(2) The optional life insurance and accidental death and dismemberment insurance shall be made available to each insured employee under such conditions as the Office shall prescribe and in amounts approved by the Office but not more than the greater of $10,000 or an amount which, when added to the amount provided in
(c)(1) Except as otherwise provided in this subsection, the optional insurance on an employee stops on his separation from service or 12 months after discontinuance of his pay, whichever is earlier, subject to a provision for temporary extension of life insurance coverage and for conversion to an individual policy of life insurance under conditions approved by the Office.
(2)(A) In the case of any employee who retires on an immediate annuity and has been insured under this section throughout—
(i) the 5 years of service immediately preceding the date of such retirement, or
(ii) the full period or periods of service during which the employee was entitled to be insured, if less than 5 years,
the amount of optional life insurance only which has been in force throughout such period may be continued, under conditions determined by the Office.
(B) In the case of any employee who becomes entitled to receive compensation under subchapter I of
(i) the 5 years of service immediately preceding the date such employee becomes entitled to such compensation, or
(ii) the full period or periods of service during which the employee was entitled to be insured, if less than 5 years,
the amount of optional life insurance only which has been in force throughout such period may be continued, under conditions determined by the Office, during the period the employee is receiving such compensation for disease or injury and is held by the Secretary of Labor or his delegate to be unable to return to duty.
(C) The amount of optional life insurance continued under subparagraph (A) or subparagraph (B) of this paragraph shall be reduced by 2 percent at the end of each full calendar month after the date the employee becomes 65 years of age and is retired or is receiving compensation for disease or injury. The Office shall prescribe minimum amounts, not less than 25 percent of the amount of life insurance in force before the first reduction, to which the insurance may be reduced.
(3) Notwithstanding paragraph (c)(1) of this section,1 a justice or judge of the United States as defined by
(d)(1) During each period in which an employee has the optional insurance the full cost thereof shall be withheld from his pay. During each period in which an employee continues optional life insurance after retirement or while in receipt of compensation for work injuries, as provided in
(2) If an agency fails to withhold the proper cost of optional insurance from an individual's salary, compensation, or retirement annuity, the collection of amounts properly due may be waived by the agency if, in the judgment of the agency, the individual is without fault and recovery would be against equity and good conscience. However, if the agency so waives the collection of any unpaid amount, the agency shall submit an amount equal to the uncollected amount to the Office for deposit to the Employees' Life Insurance Fund.
(3) Notwithstanding paragraph (1), an employee who is subject to withholdings under this subsection and whose pay, annuity, or compensation is insufficient to cover such withholdings may nevertheless continue optional insurance if the employee arranges to pay currently into the Employees' Life Insurance Fund, through the agency or retirement system which administers pay, annuity, or compensation, an amount equal to the withholdings that would otherwise be required under this subsection.
(e) The cost of the optional insurance shall be determined from time to time by the Office on the basis of such age groups as it considers appropriate.
(f) The amount of optional life, or life and accidental death, insurance in force on an employee at the date of his death shall be paid as provided in
(Added
Editorial Notes
Amendments
2011—Subsec. (a).
2008—Subsec. (b).
1998—Subsec. (d)(3).
1986—Subsec. (c)(1).
1984—Subsec. (c)(1).
Subsec. (c)(3).
1980—Subsec. (c)(2)(C).
Subsec. (d).
1978—Subsecs. (a), (b).
Subsec. (c)(1).
Subsec. (c)(2).
"(A) the full period or periods of service during which the optional insurance was available to him; or
"(B) the 12 years of service immediately preceding his retirement or beginning date of entitlement to compensation for work injuries and during which the optional insurance was available to him;
whichever is shorter, may be continued—
"(A) after retirement, under the same conditions (except with respect to cost but including reduction of the amount continued) as provided in
"(B) while in receipt of compensation for work injuries under the same conditions (except with respect to cost) as provided in
Subsec. (d).
Subsec. (e).
Statutory Notes and Related Subsidiaries
Effective Date of 1998 Amendment
Amendment by
Effective Date of 1986 Amendment
Amendment by
Effective Date of 1984 Amendment
Amendment by
Effective Date of 1980 Amendment
Amendment by
Effective Date of 1978 Amendments
Amendment by
Amendment by
Effective Date
"(1) The amendments made by section 404 of this Act [enacting this section and amending analysis preceding
"(2) In the case of an employee in the service on the effective date prescribed by or pursuant to this subsection, (i) the period during which such employee may elect to receive optional insurance under the amendment made by section 404 shall not expire prior to the sixtieth day after such effective date, and (ii) for the purpose of determining the amount of insurance to be continued after retirement, the period during which such optional insurance was available to such employee shall not be considered to have commenced prior to the expiration of sixty days following such effective date."
Retroactive Effect
Enactment of this section by
Availability of Certain Funds in Employees' Life Insurance Fund
1 So in original. Probably should be "paragraph (1) of this subsection,".
§8714b. Additional optional life insurance
(a) Under the conditions, directives, and terms specified in
(b)(1) An employee who is deployed in support of a contingency operation (as that term is defined in
(2) The additional optional insurance provided under this section shall be made available to each eligible employee who has elected coverage under this section, under conditions the Office shall prescribe, in multiples, at the employee's election, of 1, 2, 3, 4, or 5 times the annual rate of basic pay payable to the employee (rounded to the next higher multiple of $1,000). An employee may reduce or stop coverage elected pursuant to this section at any time.
(c)(1) Except as otherwise provided in this subsection, the additional optional insurance elected by an employee pursuant to this section shall stop on separation from service or 12 months after discontinuance of his pay, whichever is earlier, subject to a provision for temporary extension of life insurance coverage and for conversion to an individual policy of life insurance under conditions approved by the Office. Justices and judges of the United States described in section 8701(a)(5)(ii) and (iii) of this chapter are deemed to continue in active employment for purposes of this chapter. A justice or judge of the United States as defined by
(2) In the case of any employee who retires on an immediate annuity or who becomes entitled to receive compensation under subchapter I of
(A) the 5 years of service immediately preceding the date of retirement or entitlement to compensation, or
(B) the full period or periods of service during which the insurance was available to the employee, if fewer than 5 years,
may be continued under conditions determined by the Office after retirement or while the employee is receiving compensation under subchapter I of
(3) The amount of additional optional insurance continued under paragraph (2) shall be continued, with or without reduction, in accordance with the employee's written election at the time eligibility to continue insurance during retirement or receipt of compensation arises, as follows:
(A) The employee may elect to have withholdings cease in accordance with subsection (d), in which case—
(i) the amount of additional optional insurance continued under paragraph (2) shall be reduced each month by 2 percent effective at the beginning of the second calendar month after the date the employee becomes 65 years of age and is retired or is in receipt of compensation; and
(ii) the reduction under clause (i) shall continue for 50 months at which time the insurance shall stop.
(B) The employee may, instead of the option under subparagraph (A), elect to have the full cost of additional optional insurance continue to be withheld from such employee's annuity or compensation on and after the date such withholdings would otherwise cease pursuant to an election under subparagraph (A), in which case the amount of additional optional insurance continued under paragraph (2) shall not be reduced, subject to paragraph (4).
(C) An employee who does not make any election under the preceding provisions of this paragraph shall be treated as if such employee had made an election under subparagraph (A).
(4) If an employee makes an election under paragraph (3)(B), that individual may subsequently cancel such election, in which case additional optional insurance shall be determined as if the individual had originally made an election under paragraph (3)(A).
(5)(A) An employee whose additional optional insurance under this section would otherwise stop in accordance with paragraph (1) and who is not eligible to continue insurance under paragraph (2) may elect, under conditions prescribed by the Office of Personnel Management, to continue all or a portion of so much of the additional optional insurance as has been in force for not less than—
(i) the 5 years of service immediately preceding the date of the event which would cause insurance to stop under paragraph (1); or
(ii) the full period or periods of service during which the insurance was available to the employee, if fewer than 5 years,
at group rates established for purposes of this section, in lieu of conversion to an individual policy. The amount of insurance continued under this paragraph shall be reduced by 50 percent effective at the beginning of the second calendar month after the date the employee or former employee attains age 70 and shall stop at the beginning of the second calendar month after attainment of age 80, subject to a provision for temporary extension of life insurance coverage and for conversion to an individual policy of life insurance under conditions approved by the Office. Alternatively, insurance continued under this paragraph may be reduced or stopped at any time the employee or former employee elects.
(B) When an employee or former employee elects to continue additional optional insurance under this paragraph following separation from service or 12 months without pay, the insured individual shall submit timely payment of the full cost thereof, plus any amount the Office determines necessary to cover associated administrative expenses, in such manner as the Office shall prescribe by regulation. Amounts required under this subparagraph shall be deposited, used, and invested as provided under section 8714 and shall be reported and accounted for together with amounts withheld under section 8714a(d).
(C)(i) Subject to clause (ii), no election to continue additional optional insurance may be made under this paragraph 3 years after the effective date of this paragraph.
(ii) On and after the date on which an election may not be made under clause (i), all additional optional insurance under this paragraph for former employees shall terminate, subject to a provision for temporary extension of life insurance coverage and for conversion to an individual policy of life insurance under conditions approved by the Office.
(d)(1) During each period in which the additional optional insurance is in force on an employee the full cost thereof shall be withheld from the employee's pay. During each period in which an employee continues additional optional insurance after retirement or while in receipt of compensation under subchapter I of
(2) If an agency fails to withhold the proper cost of additional optional insurance from an individual's salary, compensation, or retirement annuity, the collection of amounts properly due may be waived by the agency if, in the judgment of the agency, the individual is without fault and recovery would be against equity and good conscience. However, if the agency so waives the collection of any unpaid amount, the agency shall submit an amount equal to the uncollected amount to the Office for deposit to the Employees' Life Insurance Fund.
(3) Notwithstanding paragraph (1), an employee who is subject to withholdings under this subsection and whose pay, annuity, or compensation is insufficient to cover such withholdings may nevertheless continue additional optional insurance if the employee arranges to pay currently into the Employees' Life Insurance Fund, through the agency or retirement system which administers pay, annuity, or compensation, an amount equal to the withholdings that would otherwise be required under this subsection.
(e) The cost of the additional optional insurance shall be determined from time to time by the Office on the basis of the employee's age relative to such age groups as the Office establishes under
(f) The amount of additional optional life insurance in force on an employee at the date of his death shall be paid as provided in
(Added
Editorial Notes
Amendments
2011—Subsec. (a).
2008—Subsec. (b).
1998—Subsec. (b).
Subsec. (c)(2).
Subsec. (c)(3) to (5).
Subsec. (d)(1).
Subsec. (d)(3).
1986—Subsec. (c)(1).
1984—Subsec. (c)(1).
Statutory Notes and Related Subsidiaries
Effective Date of 1998 Amendment
Amendment by sections 3(2) and 6(3) of
Effective Date of 1986 Amendments
Amendment by
Amendment by
Effective Date
Section effective on first day of first pay period which begins on or after 180th day following Oct. 10, 1980, or on any earlier date that Office may prescribe which is at least 60 days after Oct. 10, 1980, and shall have no effect in case of an employee who died, was finally separated, or retired before effective date, see section 10(d) of
Report to Congress
§8714c. Optional life insurance on family members
(a) Under the conditions, directives, and terms specified in
(b)(1) The optional life insurance on family members provided under this section shall be made available to each eligible employee who has elected coverage under this section, under conditions the Office shall prescribe, in multiples, at the employee's election, of 1, 2, 3, 4, or 5 times—
(A) $5,000 for a spouse; and
(B) $2,500 for each child described under section 8701(d).
(2) An employee may reduce or stop coverage elected pursuant to this section at any time.
(c)(1) Except as otherwise provided in this subsection, the optional life insurance on family members shall stop at the earlier of the employee's death, the employee's separation from the service, or 12 months after discontinuance of pay, subject to a provision for temporary extension of life insurance coverage and for conversion to individual policies of life insurance under conditions approved by the Office.
(2) In the case of any employee who retires on an immediate annuity or who becomes entitled to receive compensation under subchapter I of
(A) the 5 years of service immediately preceding the date of retirement or entitlement to compensation, or
(B) the full period or periods of service during which the insurance was available to the employee, if fewer than 5 years,
optional life insurance on family members may be continued under the same conditions as provided in section 8714b(c)(2) through (4).
(d)(1) During each period in which the optional life insurance on family members is in force the full cost thereof shall be withheld from the employee's pay. During each period in which an employee continues optional life insurance on family members after retirement or while in receipt of compensation under subchapter I of
(2) If an agency fails to withhold the proper cost of optional life insurance on family members from an individual's salary, compensation, or retirement annuity, the collection of amounts properly due may be waived by the agency if, in the judgment of the agency, the individual is without fault and recovery would be against equity and good conscience. However, if the agency so waives the collection of any unpaid amount, the agency shall submit an amount equal to the uncollected amount to the Office for deposit to the Employees' Life Insurance Fund.
(3) Notwithstanding paragraph (1), an employee who is subject to withholdings under this subsection and whose pay, annuity, or compensation is insufficient to cover such withholdings may nevertheless continue optional life insurance on family members if the employee arranges to pay currently into the Employees' Life Insurance Fund, through the agency or retirement system that administers pay, annuity, or compensation, an amount equal to the withholdings that would otherwise be required under this subsection.
(e) The cost of the optional life insurance on family members shall be determined from time to time by the Office on the basis of the employee's age relative to such age groups as the Office establishes under
(f) The amount of optional life insurance which is in force under this section on a family member of an employee or former employee on the date of the death of the family member shall be paid, on the establishment of a valid claim by the employee, to such employee or, in the event of the death of the employee before payment can be made, to the person or persons entitled to the group life insurance in force on the employee under
(Added
Editorial Notes
Amendments
2011—Subsec. (a).
1998—Subsec. (b).
Subsec. (c)(2).
Subsec. (d)(1).
Subsec. (d)(3).
1986—Subsec. (c)(1).
1984—Subsec. (c)(1).
Statutory Notes and Related Subsidiaries
Effective Date of 1998 Amendment
Amendment by section 6(4) of
Effective Date of 1986 Amendment
Amendment by
Effective Date of 1984 Amendment
Amendment by
Effective Date
Section effective on first day of first pay period which begins on or after 180th day following Oct. 10, 1980, or on any earlier date that Office may prescribe which is at least 60 days after Oct. 10, 1980, and shall have no effect in case of an employee who died, was finally separated, or retired before effective date, see section 10(d) of
§8714d. Option to receive "living benefits"
(a) For the purpose of this section, an individual shall be considered to be "terminally ill" if such individual has a medical prognosis that such individual's life expectancy is 9 months or less.
(b) The Office of Personnel Management shall prescribe regulations under which any individual covered by group life insurance under section 8704(a) may, if such individual is terminally ill, elect to receive a lump-sum payment equal to—
(1) the full amount of insurance under section 8704(a) (or portion thereof designated for this purpose under subsection (d)(4)) which would otherwise be payable under this chapter (on the establishment of a valid claim)—
(A) computed based on a date determined under regulations of the Office (but not later than 30 days after the date on which the individual's application for benefits under this section is approved or deemed approved under subsection (d)(3)); and
(B) assuming continued coverage under this chapter at that time;
reduced by
(2) an amount necessary to assure that there is no increase in the actuarial value of the benefit paid (as determined under regulations of the Office).
(c)(1) If a lump-sum payment is taken under this section—
(A) no insurance under the provisions of section 8704(a) or (b) shall be payable based on the death or any loss of the individual involved, unless the lump-sum payment represents only a portion of the total benefits which could have been taken, in which case benefits under those provisions shall remain in effect, except that the basic insurance amount on which they are based—
(i) shall be reduced by the percentage which the designated portion comprised relative to the total benefits which could have been taken (rounding the result to the nearest multiple of $1,000 or, if midway between multiples of $1,000, to the next higher multiple of $1,000); and
(ii) shall not be subject to further adjustment; and
(B) deductions and withholdings under section 8707, and contributions under section 8708, shall be terminated with respect to such individual (or reduced in a manner consistent with the percentage reduction in the individual's basic insurance amount, if applicable), effective with respect to any amounts which would otherwise become due on or after the date of payment under this section.
(2) An individual who takes a lump-sum payment under this section (whether full or partial) remains eligible for optional benefits under sections 8714a–8714c (subject to payment of the full cost of those benefits in accordance with applicable provisions of the section or sections involved, to the same extent as if no election under this section had been made).
(d)(1) The Office's regulations shall include provisions regarding the form and manner in which an application under this section shall be made and the procedures in accordance with which any such application shall be considered.
(2) An application shall not be considered to be complete unless it includes such information and supporting evidence as the regulations require, including certification by an appropriate medical authority as to the nature of the individual's illness and that the individual is not expected to live more than 9 months because of that illness.
(3)(A) In order to ascertain the reliability of any medical opinion or finding submitted as part of an application under this section, the covered individual may be required to submit to a medical examination under the direction of the agency or entity considering the application. The individual shall not be liable for the costs associated with any examination required under this subparagraph.
(B) Any decision by the reviewing agency or entity with respect to an application for benefits under this section (including one relating to an individual's medical prognosis) shall not be subject to administrative review.
(4)(A) An individual making an election under this section may designate that only a limited portion (expressed as a multiple of $1,000) of the total amount otherwise allowable under this section be paid pursuant to such election.
(B) A designation under this paragraph may not be made by an individual described in paragraph (1) or (2) of section 8706(b).
(5) An election to receive benefits under this section shall be irrevocable, and not more than one such election may be made by any individual.
(6) The regulations shall include provisions to address the question of how to apply section 8706(b)(3)(B) in the case of an electing individual who has attained 65 years of age.
(Added
Statutory Notes and Related Subsidiaries
Effective Date of 1994 Amendment
§8715. Jurisdiction of courts
The district courts of the United States have original jurisdiction, concurrent with the United States Court of Federal Claims, of a civil action or claim against the United States founded on this chapter.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Aug. 17, 1954, ch. 752, §14 (less applicability to §10), |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Editorial Notes
Amendments
1992—
1982—
Statutory Notes and Related Subsidiaries
Effective Date of 1992 Amendment
Amendment by
Effective Date of 1982 Amendment
Amendment by
§8716. Regulations
(a) The Office of Personnel Management may prescribe regulations necessary to carry out the purposes of this chapter.
(b) The regulations of the Office may prescribe the time at which and the conditions under which an employee is eligible for coverage under this chapter. The Office, after consulting the head of the agency or other employing authority concerned, may exclude an employee on the basis of the nature and type of his employment or conditions pertaining to it, such as short-term appointment, seasonal, intermittent employment, and employment of like nature. The Office may not exclude—
(1) an employee or group of employees solely on the basis of the hazardous nature of employment;
(2) a teacher in the employ of the Board of Education of the District of Columbia, whose pay is fixed by
(3) an employee who is occupying a position on a part-time career employment basis (as defined in
(c) The Secretary of Agriculture shall prescribe regulations to effect the application and operation of this chapter to an individual named by
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| (a) | Aug. 17, 1954, ch. 752, §11 (less applicability to §10), |
|
| (b), (c) | Aug. 17, 1954, ch. 752, §2(a) (words between 6th and 7th commas of 1st sentence and 2d sentence), July 1, 1960, |
|
| Oct. 6, 1964, |
In subsection (a), the words "Except as otherwise provided herein" are omitted as unnecessary since the authority to prescribe regulations is carried into this section.
In subsection (b), the words "
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Editorial Notes
Amendments
1978—Subsec. (a).
Subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 1978 Amendment
Amendment by
CHAPTER 89 —HEALTH INSURANCE
Editorial Notes
Amendments
2022—
2006—
1998—
1988—
1985—
1984—
1976—
§8901. Definitions
For the purpose of this chapter—
(1) "employee" means—
(A) an employee as defined by
(B) a Member of Congress as defined by
(C) a Congressional employee as defined by
(D) the President;
(E) an individual first employed by the government of the District of Columbia before October 1, 1987;
(F) an individual employed by Gallaudet College; 1
(G) an individual employed by a county committee established under
(H) an individual appointed to a position on the office staff of a former President under section 1(b) of the Act of August 25, 1958 (
(I) an individual appointed to a position on the office staff of a former President, or a former Vice President under section 5 of the Presidential Transition Act of 1963, as amended (
(J) an individual who is employed by the Roosevelt Campobello International Park Commission and is a citizen of the United States,
but does not include—
(i) an employee of a corporation supervised by the Farm Credit Administration if private interests elect or appoint a member of the board of directors;
(ii) an individual who is not a citizen or national of the United States and whose permanent duty station is outside the United States, unless the individual was an employee for the purpose of this chapter on September 30, 1979, by reason of service in an Executive agency, the United States Postal Service, or the Smithsonian Institution in the area which was then known as the Canal Zone;
(iii) an employee of the Tennessee Valley Authority; or
(iv) an employee excluded by regulation of the Office of Personnel Management under
(2) "Government" means the Government of the United States and the government of the District of Columbia;
(3) "annuitant" means—
(A) an employee who retires—
(i) on an immediate annuity under subchapter III of
(ii) under
(iii) for disability under subchapter III of
(iv) on an immediate annuity under a retirement system established for employees described in section 2105(c), in the case of an individual who elected under section 8347(q)(2) or 8461(n)(2) to remain subject to such a system;
(B) a member of a family who receives an immediate annuity as the survivor of an employee (including a family member entitled to an amount under section 8442(b)(1)(A), whether or not such family member is entitled to an annuity under section 8442(b)(1)(B)) or of a retired employee described by subparagraph (A) of this paragraph;
(C) an employee who receives monthly compensation under subchapter I of
(D) a member of a family who receives monthly compensation under subchapter I of
(i) an employee who dies as a result of injury or illness compensable under that subchapter; or
(ii) a former employee who is separated after having completed 5 or more years of service and who dies while receiving monthly compensation under that subchapter and who has been held by the Secretary to have been unable to return to duty;
(4) "service", as used by paragraph (3) of this section, means service which is creditable under subchapter III of
(5) "member of family" means the spouse of an employee or annuitant and an unmarried dependent child under 22 years of age, including—
(A) an adopted child or recognized natural child; and
(B) a stepchild or foster child but only if the child lives with the employee or annuitant in a regular parent-child relationship;
or such an unmarried dependent child regardless of age who is incapable of self-support because of mental or physical disability which existed before age 22;
(6) "health benefits plan" means a group insurance policy or contract, medical or hospital service agreement, membership or subscription contract, or similar group arrangement provided by a carrier for the purpose of providing, paying for, or reimbursing expenses for health services;
(7) "carrier" means a voluntary association, corporation, partnership, or other nongovernmental organization which is lawfully engaged in providing, paying for, or reimbursing the cost of, health services under group insurance policies or contracts, medical or hospital service agreements, membership or subscription contracts, or similar group arrangements, in consideration of premiums or other periodic charges payable to the carrier, including a health benefits plan duly sponsored or underwritten by an employee organization and an association of organizations or other entities described in this paragraph sponsoring a health benefits plan;
(8) "employee organization" means—
(A) an association or other organization of employees which is national in scope, or in which membership is open to all employees of a Government agency who are eligible to enroll in a health benefits plan under this chapter and which, after December 31, 1978, and before January 1, 1980, applied to the Office for approval of a plan provided under
(B) an association or other organization which is national in scope, in which membership is open only to employees, annuitants, or former spouses, or any combination thereof, and which, during the 90-day period beginning on the date of enactment of
(9) "dependent", in the case of any child, means that the employee or annuitant involved is either living with or contributing to the support of such child, as determined in accordance with such regulations as the Office shall prescribe;
(10) "former spouse" means a former spouse of an employee, former employee, or annuitant—
(A) who has not remarried before age 55 after the marriage to the employee, former employee, or annuitant was dissolved,
(B) who was enrolled in an approved health benefits plan under this chapter as a family member at any time during the 18-month period before the date of the dissolution of the marriage to the employee, former employee, or annuitant, and
(C)(i) who is receiving any portion of an annuity under
(ii) as to whom a court order or decree referred to in
(iii) who is otherwise entitled to an annuity or any portion of an annuity as a former spouse under a retirement system for Government employees,
except that such term shall not include any such unremarried former spouse of a former employee whose marriage was dissolved after the former employee's separation from the service (other than by retirement); and
(11) "qualified clinical social worker" means an individual—
(A) who is licensed or certified as a clinical social worker by the State in which such individual practices; or
(B) who, if such State does not provide for the licensing or certification of clinical social workers—
(i) is certified by a national professional organization offering certification of clinical social workers; or
(ii) meets equivalent requirements (as prescribed by the Office).
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Sept. 28, 1959, July 8, 1963, |
||
| Mar. 17, 1964, |
||
| Aug. 31, 1964, |
||
| July 1, 1960, |
The definition of "employee" in
In paragraph (1)(ii), the words "the United States" are substituted for "a State of the United States or the District of Columbia".
Paragraph (1)(iv) is added for clarity.
In paragraph (8), the words "before January 1, 1964" are substituted for "on or before December 31, 1963".
The definition of "Commission" in former section 3001(h) is omitted as unnecessary as the full title "Civil Service Commission" is set forth the first time it is used in a section.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
| Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 8901(5) | 5 App.: 3001(d). | July 18, 1966, |
Editorial Notes
References in Text
Section 1(b) of the Act of August 25, 1958 (
Section 5 of the Presidential Transition Act of 1963, referred to in par. (1)(I), is section 5 of
The date of enactment of
Amendments
2016—Par. (1)(I).
2007—Par. (1)(J).
1998—Par. (7).
1992—Par. (3)(A)(iv).
Par. (10)(C)(ii).
1990—Par. (3)(A)(iv).
1988—Par. (1)(H), (I).
1986—Par. (1)(E).
Par. (3)(A).
Par. (3)(B).
Par. (4).
Par. (10)(C)(i).
Par. (10)(C)(ii).
Par. (11).
1985—Par. (8).
1984—Par. (10).
1980—Par. (5).
Par. (9).
1979—Par. (1).
1978—Par. (1)(iv).
Par. (3)(A).
Par. (8).
1973—Par. (1)(ii).
1970—Par. (1)(ii).
Par. (3)(B).
Par. (3)(D)(i).
Statutory Notes and Related Subsidiaries
Change of Name
Gallaudet College, referred to in par. (1)(F), was redesignated Gallaudet University by section 101(a) of
Effective Date of 1992 Amendment
Amendment by section 2(75)(A) of
Effective Date of 1990 Amendment
Amendment by
Effective Date of 1986 Amendments
Amendment by
Effective Date of 1984 Amendment
Amendment by
Effective Date of 1980 Amendment
Amendment by
Effective Date of 1979 Amendments
Amendment by
Amendment by
Effective Date of 1978 Amendments
Amendment by
Amendment by
Short Title of 2000 Amendment
Short Title of 1998 Amendment
Short Title of 1988 Amendment
Short Title of 1986 Amendment
Continuation of Health Benefits Coverage for Individuals Enrolled in a Plan Administered by the Overseas Private Investment Corporation
"(a)
"(b)
"(1)
"(A) either as an individual or for self and family, if such individual is an employee, annuitant, or former spouse as defined under section 8901 of such title; and
"(B) for coverage effective on and after such date.
"(2)
"(A) shall be deemed to be entitled to continued coverage under
"(B) may enroll in an approved health benefits plan described under section 8903 or 8903a of such title in accordance with section 8905a of such title for coverage effective on and after such date.
"(3)
"(A) shall be deemed to be entitled to continued coverage under section 8905a of such title as though the individual had ceased to meet the requirements for being considered an unmarried dependent child under
"(B) may enroll in an approved health benefits plan described under section 8903 or 8903a of such title in accordance with section 8905a for continued coverage effective on and after such date.
"(c)
"(1)
"(2)
"(d)
"(1) shall administer this section to provide for—
"(A) a period of notice and open enrollment for individuals affected by this section; and
"(B) no lapse of health coverage for individuals who enroll in a health benefits plan under
"(2) may prescribe regulations to implement this section.
"(e)
Continued Coverage for Individuals Enrolled in Plan Administered by Federal Deposit Insurance Corporation or for Employees of Board of Governors of Federal Reserve System
"(a)
"(1) in a health benefits plan administered by the Federal Deposit Insurance Corporation before the termination of such plan on or before January 2, 1999; or
"(2) subject to subsection (c), in a health benefits plan (not under
shall be deemed to be a period of enrollment in a health benefits plan under
"(b)
"(A) meets the requirements of such chapter for eligibility to become so enrolled as an employee, annuitant, or former spouse (within the meaning of such chapter); or
"(B) would meet those requirements if, to the extent such requirements involve either retirement system under such title 5, such individual satisfies similar requirements or provisions of the Retirement Plan for Employees of the Federal Reserve System.
Any determination under subparagraph (B) shall be made under guidelines which the Office of Personnel Management shall establish in consultation with the Board of Governors of the Federal Reserve System.
"(2) Subject to subsection (c), any individual who, on or before January 2, 1999, is entitled to continued coverage under a health benefits plan described in subsection (a)(1) or (2) shall be deemed to be entitled to continued coverage under
"(A) such individual had remained enrolled in such plan; and
"(B) such plan did not terminate, or the eligibility of such individual with respect to such plan did not terminate, as described in subsection (a).
"(3) Subject to subsection (c), any individual (other than an individual under paragraph (2)) who, on or before January 2, 1999, is covered under a health benefits plan described in subsection (a)(1) or (2) as an unmarried dependent child, but who does not then qualify for coverage under
"(4) Coverage under
"(c)
"(d)
"(e)
"(1) shall administer the provisions of this section to provide for—
"(A) a period of notice and open enrollment for individuals affected by this section; and
"(B) no lapse of health coverage for individuals who enroll in a health benefits plan under
"(2) may prescribe regulations to implement this section."
Continued Coverage for Individuals Enrolled in Plan Administered by Farm Credit Administration
"(a) For purposes of the administration of
"(b)(1) An individual who, on September 30, 1995, is covered by a health benefits plan administered by the Farm Credit Administration may enroll in an approved health benefits plan described under
"(A) either as an individual or for self and family, if such individual is an employee, annuitant, or former spouse as defined under section 8901 of such title; and
"(B) for coverage effective on and after September 30, 1995.
"(2) An individual who, on September 30, 1995, is entitled to continued coverage under a health benefits plan administered by the Farm Credit Administration—
"(A) shall be deemed to be entitled to continued coverage under
"(B) may enroll in an approved health benefits plan described under sections 8903 or 8903a of such title in accordance with section 8905A of such title for coverage effective on and after September 30, 1995.
"(3) An individual who, on September 30, 1995, is covered as an unmarried dependent child under a health benefits plan administered by the Farm Credit Administration and who is not a member of family as defined under
"(A) shall be deemed to be entitled to continued coverage under section 8905a of such title as though the individual had, on September 30, 1995, ceased to meet the requirements for being considered an unmarried dependent child under
"(B) may enroll in an approved health benefits plan described under section 8903 or 8903a of such title in accordance with section 8905a for continued coverage on and after September 30, 1995.
"(c) The Farm Credit Administration shall transfer to the Federal Employees Health Benefits Fund established under
"(d) The Office of Personnel Management—
"(1) shall administer the provisions of this section to provide for—
"(A) a period of notice and open enrollment for individuals affected by this section; and
"(B) no lapse of health coverage for individuals who enroll in a health benefits plan under
"(2) may prescribe regulations to implement this section."
Continued Coverage for Individuals Enrolled in Plan Administered by Office of the Comptroller of the Currency or Office of Thrift Supervision
"(a)
"(b)
"(A) either as an individual or for self and family, if such individual is an employee, annuitant, or former spouse as defined under section 8901 of such title; and
"(B) for coverage effective on and after January 8, 1995.
"(2) An individual who, on January 7, 1995, is entitled to continued coverage under a health benefits plan administered by the Office of the Comptroller of the Currency or the Office of Thrift Supervision—
"(A) shall be deemed to be entitled to continued coverage under
"(B) may enroll in an approved health benefits plan described under section 8903 or 8903a of such title in accordance with section 8905a of such title for coverage effective on and after January 8, 1995.
"(3) An individual who, on January 7, 1995, is covered as an unmarried dependent child under a health benefits plan administered by the Office of the Comptroller of the Currency or the Office of Thrift Supervision and who is not a member of family as defined under
"(A) shall be deemed to be entitled to continued coverage under section 8905a of such title as though the individual had, on January 7, 1995, ceased to meet the requirements for being considered an unmarried dependent child under
"(B) may enroll in an approved health benefits plan described under section 8903 or 8903a of such title in accordance with section 8905a for continued coverage effective on and after January 8, 1995.
"(c)
"(d)
"(1) shall administer the provisions of this section to provide for—
"(A) a period of notice and open enrollment for individuals affected by this section; and
"(B) no lapse of health coverage for individuals who enroll in a health benefits plan under
"(2) may prescribe regulations to implement this section."
Continued Coverage Under Certain Federal Employee Benefit Programs for Certain Employees of Saint Elizabeths Hospital
For provisions relating to treatment of certain Federal employees of Saint Elizabeths Hospital under certain Federal employee benefit programs, see section 207(o) of
1 See Change of Name note below.
§8902. Contracting authority
(a) The Office of Personnel Management may contract with qualified carriers offering plans described by
(b) To be eligible as a carrier for the plan described by
(c) A contract for a plan described by section 8903(1) or (2) of this title shall require the carrier—
(1) to reinsure with other companies which elect to participate, under an equitable formula based on the total amount of their group health insurance benefit payments in the United States during the latest year for which the information is available, to be determined by the carrier and approved by the Office; or
(2) to allocate its rights and obligations under the contract among its affiliates which elect to participate, under an equitable formula to be determined by the carrier and the affiliates and approved by the Office.
(d) Each contract under this chapter shall contain a detailed statement of benefits offered and shall include such maximums, limitations, exclusions, and other definitions of benefits as the Office considers necessary or desirable.
(e) The Office may prescribe reasonable minimum standards for health benefits plans described by
(f) A contract may not be made or a plan approved which excludes an individual because of race, sex, health status, or, at the time of the first opportunity to enroll, because of age.
(g) A contract may not be made or a plan approved which does not offer to each employee, annuitant, family member, former spouse, or person having continued coverage under
(h) The benefits and coverage made available under subsection (g) of this section are noncancelable by the carrier except for fraud, over-insurance, or nonpayment of periodic charges.
(i) Rates charged under health benefits plans described by
(j) Each contract under this chapter shall require the carrier to agree to pay for or provide a health service or supply in an individual case if the Office finds that the employee, annuitant, family member, former spouse, or person having continued coverage under
(k)(1) When a contract under this chapter requires payment or reimbursement for services which may be performed by a clinical psychologist, optometrist, nurse midwife, nursing school administered clinic, or nurse practitioner/clinical specialist, licensed or certified as such under Federal or State law, as applicable, or by a qualified clinical social worker as defined in section 8901(11), an employee, annuitant, family member, former spouse, or person having continued coverage under
(2) Nothing in this subsection shall be considered to preclude a health benefits plan from providing direct access or direct payment or reimbursement to a provider in a health care practice or profession other than a practice or profession listed in paragraph (1), if such provider is licensed or certified as such under Federal or State law.
(3) The provisions of this subsection shall not apply to comprehensive medical plans as described in
(l) The Office shall contract under this chapter for a plan described in
(m)(1) The terms of any contract under this chapter which relate to the nature, provision, or extent of coverage or benefits (including payments with respect to benefits) shall supersede and preempt any State or local law, or any regulation issued thereunder, which relates to health insurance or plans.
(2)(A) Notwithstanding the provisions of paragraph (1) of this subsection, if a contract under this chapter provides for the provision of, the payment for, or the reimbursement of the cost of health services for the care and treatment of any particular health condition, the carrier shall provide, pay, or reimburse up to the limits of its contract for any such health service properly provided by any person licensed under State law to provide such service if such service is provided to an individual covered by such contract in a State where 25 percent or more of the population is located in primary medical care manpower shortage areas designated pursuant to section 332 of the Public Health Service Act (
(B) The provisions of subparagraph (A) shall not apply to contracts entered into providing prepayment plans described in
(n) A contract for a plan described by section 8903(1), (2), or (3), or section 8903a, shall require the carrier—
(1) to implement hospitalization-cost-containment measures, such as measures—
(A) for verifying the medical necessity of any proposed treatment or surgery;
(B) for determining the feasibility or appropriateness of providing services on an outpatient rather than on an inpatient basis;
(C) for determining the appropriate length of stay (through concurrent review or otherwise) in cases involving inpatient care; and
(D) involving case management, if the circumstances so warrant; and
(2) to establish incentives to encourage compliance with measures under paragraph (1).
(o) A contract may not be made or a plan approved which includes coverage for any benefit, item, or service for which funds may not be used under the Assisted Suicide Funding Restriction Act of 1997.
(p) Each contract under this chapter shall require the carrier to comply with requirements described in the provisions of sections 2799A–1, 2799A–2, and 2799A–7 of the Public Health Service Act, sections 716, 717, and 722 of the Employee Retirement Income Security Act of 1974, and sections 9816, 9817, and 9822 of the Internal Revenue Code of 1986 (as applicable) in the same manner as such provisions apply to a group health plan or health insurance issuer offering group or individual health insurance coverage, as described in such sections. The provisions of sections 2799B–1, 2799B–2, 2799B–3, and 2799B–5 of the Public Health Service Act shall apply to a health care provider and facility and an air ambulance provider described in such respective sections with respect to an enrollee in a health benefits plan under this chapter in the same manner as such provisions apply to such a provider and facility with respect to an enrollee in a group health plan or group or individual health insurance coverage offered by a health insurance issuer, as described in such sections.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Sept. 28, 1959, |
||
| Mar. 17, 1964, |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Editorial Notes
References in Text
Section 1310(d)(1) of title XIII of the Public Health Service Act (
The Assisted Suicide Funding Restriction Act of 1997, referred to in subsec. (o), is
Sections 2799A–1, 2799A–2, 2799A–7, 2799B–1, 2799B–2, 2799B–3, and 2799B–5 of the Public Health Service Act, referred to in subsec. (p), are classified to sections 300gg–111, 300gg–112, 300gg–117, 300gg–131, 300gg–132, 300gg–133, and 300gg–135, respectively, of Title 42, The Public Health and Welfare.
Sections 716, 717, and 722 of the Employee Retirement Income Security Act of 1974, referred to in subsec. (p), are classified to sections 1185e, 1185f, and 1185k, respectively, of Title 29, Labor.
Sections 9816, 9817, and 9822 of the Internal Revenue Code of 1986, referred to in subsec. (p), are classified to sections 9816, 9817, and 9822, respectively, of Title 26, Internal Revenue Code.
Codification
Another section 1 of title IV of
Amendments
2020—Subsec. (p).
2011—Subsec. (a).
1998—Subsec. (k)(2), (3).
Subsec. (m)(1).
1997—Subsec. (o).
1992—
"(1) When a contract under this chapter requires payment or reimbursement for services which may be performed by a clinical psychologist, optometrist, nurse midwife, or nurse practitioner/clinical specialist, licensed or certified as such under Federal or State law, as applicable, or by a qualified clinical social worker as defined in section 8901(11), an employee, annuitant, family member, former spouse, or person having continued coverage under
"(2) The provisions of this subsection shall not apply to group practice prepayment plans."
1990—Subsec. (k)(1).
Subsec. (n).
1988—Subsecs. (g), (j), (k)(1).
1987—Subsec. (k)(1).
Subsec. (k)(2), (3).
"(A) may require that the services be performed pursuant to a referral by a psychiatrist; but
"(B) may not require that the services be performed under the supervision of a psychiatrist or other health practitioner."
Subsec. (m)(2)(A).
1986—Subsec. (k).
Subsec. (m)(2)(A).
1985—Subsecs. (a), (e), (i).
1984—Subsec. (g).
Subsecs. (j), (k).
1980—Subsec. (m)(2)(A).
1978—Subsecs. (a), (c) to (e), (i), (j), (l).
Subsec. (m).
1976—Subsec. (l).
1975—Subsecs. (j), (k).
1974—Subsec. (j).
Statutory Notes and Related Subsidiaries
Effective Date of 2020 Amendment
Effective Date of 1997 Amendment
Amendment by
Effective Date of 1992 Amendment
Effective Date of 1990 Amendment
Effective Date of 1988 Amendment
"(a)
"(1) any calendar year beginning, and contracts entered into or renewed for any calendar year beginning, after the end of the 9-month period beginning on the date of the enactment of this Act [Nov. 14, 1988]; and
"(2) any qualifying event occurring on or after the first day of the first calendar year beginning after the end of the 9-month period referred to in paragraph (1).
"(b)
"(1) A separation from Government service.
"(2) A divorce, annulment, or legal separation.
"(3) Any change in circumstances which causes an individual to become ineligible to be considered an unmarried dependent child under
Effective Date of 1986 Amendment
Amendment by section 105(b) of
Effective Date of 1984 Amendment
Amendment by
Effective Date of 1980 Amendment
Effective Date of 1978 Amendments
Amendment by
Effective Date of 1976 Amendment
Amendment by
Effective Date of 1974 Amendments
Full Disclosure in Health Plan Contracts
Rate Reduction for Medicare Eligible Federal Annuitants
Authority of Carrier To Contract for Comprehensive Medical Services From a Group Practice Unit or Organization
1 See References in Text note below.
§8902a. Debarment and other sanctions
(a)(1) For the purpose of this section—
(A) the term "provider of health care services or supplies" or "provider" means a physician, hospital, or other individual or entity which furnishes health care services or supplies;
(B) the term "individual covered under this chapter" or "covered individual" means an employee, annuitant, family member, or former spouse covered by a health benefits plan described by section 8903 or 8903a;
(C) an individual or entity shall be considered to have been "convicted" of a criminal offense if—
(i) a judgment of conviction for such offense has been entered against the individual or entity by a Federal, State, or local court;
(ii) there has been a finding of guilt against the individual or entity by a Federal, State, or local court with respect to such offense;
(iii) a plea of guilty or nolo contendere by the individual or entity has been accepted by a Federal, State, or local court with respect to such offense; or
(iv) in the case of an individual, the individual has entered a first offender or other program pursuant to which a judgment of conviction for such offense has been withheld;
without regard to the pendency or outcome of any appeal (other than a judgment of acquittal based on innocence) or request for relief on behalf of the individual or entity; and
(D) the term "should know" means that a person, with respect to information, acts in deliberate ignorance of, or in reckless disregard of, the truth or falsity of the information, and no proof of specific intent to defraud is required; 1
(2)(A) Notwithstanding section 8902(j) or any other provision of this chapter, if, under subsection (b), (c), or (d) a provider is barred from participating in the program under this chapter, no payment may be made by a carrier pursuant to any contract under this chapter (either to such provider or by reimbursement) for any service or supply furnished by such provider during the period of the debarment.
(B) Each contract under this chapter shall contain such provisions as may be necessary to carry out subparagraph (A) and the other provisions of this section.
(b) The Office of Personnel Management shall bar the following providers of health care services or supplies from participating in the program under this chapter:
(1) Any provider that has been convicted, under Federal or State law, of a criminal offense relating to fraud, corruption, breach of fiduciary responsibility, or other financial misconduct in connection with the delivery of a health care service or supply.
(2) Any provider that has been convicted, under Federal or State law, of a criminal offense relating to neglect or abuse of patients in connection with the delivery of a health care service or supply.
(3) Any provider that has been convicted, under Federal or State law, in connection with the interference with or obstruction of an investigation or prosecution of a criminal offense described in paragraph (1) or (2).
(4) Any provider that has been convicted, under Federal or State law, of a criminal offense relating to the unlawful manufacture, distribution, prescription, or dispensing of a controlled substance.
(5) Any provider that is currently debarred, suspended, or otherwise excluded from any procurement or nonprocurement activity (within the meaning of section 2455 of the Federal Acquisition Streamlining Act of 1994).
(c) The Office may bar the following providers of health care services from participating in the program under this chapter:
(1) Any provider—
(A) whose license to provide health care services or supplies has been revoked, suspended, restricted, or not renewed, by a State licensing authority for reasons relating to the provider's professional competence, professional performance, or financial integrity; or
(B) that surrendered such a license while a formal disciplinary proceeding was pending before such an authority, if the proceeding concerned the provider's professional competence, professional performance, or financial integrity.
(2) Any provider that is an entity directly or indirectly owned, or with a control interest of 5 percent or more held, by an individual who has been convicted of any offense described in subsection (b), against whom a civil monetary penalty has been assessed under subsection (d), or who has been debarred from participation under this chapter.
(3) Any individual who directly or indirectly owns or has a control interest in a sanctioned entity and who knows or should know of the action constituting the basis for the entity's conviction of any offense described in subsection (b), assessment with a civil monetary penalty under subsection (d), or debarment from participation under this chapter.
(4) Any provider that the Office determines, in connection with claims presented under this chapter, has charged for health care services or supplies in an amount substantially in excess of such provider's customary charge for such services or supplies (unless the Office finds there is good cause for such charge), or charged for health care services or supplies which are substantially in excess of the needs of the covered individual or which are of a quality that fails to meet professionally recognized standards for such services or supplies.
(5) Any provider that the Office determines has committed acts described in subsection (d).
Any determination under paragraph (4) relating to whether a charge for health care services or supplies is substantially in excess of the needs of the covered individual shall be made by trained reviewers based on written medical protocols developed by physicians. In the event such a determination cannot be made based on such protocols, a physician in an appropriate specialty shall be consulted.
(d) Whenever the Office determines—
(1) in connection with claims presented under this chapter, that a provider has charged for a health care service or supply which the provider knows or should have known involves—
(A) an item or service not provided as claimed;
(B) charges in violation of applicable charge limitations under section 8904(b); or
(C) an item or service furnished during a period in which the provider was debarred from participation under this chapter pursuant to a determination by the Office under this section, other than as permitted under subsection (g)(2)(B);
(2) that a provider of health care services or supplies has knowingly made, or caused to be made, any false statement or misrepresentation of a material fact which is reflected in a claim presented under this chapter; or
(3) that a provider of health care services or supplies has knowingly failed to provide any information required by a carrier or by the Office to determine whether a payment or reimbursement is payable under this chapter or the amount of any such payment or reimbursement;
the Office may, in addition to any other penalties that may be prescribed by law, and after consultation with the Attorney General, impose a civil monetary penalty of not more than $10,000 for any item or service involved. In addition, such a provider shall be subject to an assessment of not more than twice the amount claimed for each such item or service. In addition, the Office may make a determination in the same proceeding to bar such provider from participating in the program under this chapter.
(e) The Office—
(1) may not initiate any debarment proceeding against a provider, based on such provider's having been convicted of a criminal offense, later than 6 years after the date on which such provider is so convicted; and
(2) may not initiate any action relating to a civil penalty, assessment, or debarment under this section, in connection with any claim, later than 6 years after the date the claim is presented, as determined under regulations prescribed by the Office.
(f) In making a determination relating to the appropriateness of imposing or the period of any debarment under this section (where such debarment is not mandatory), or the appropriateness of imposing or the amount of any civil penalty or assessment under this section, the Office shall take into account—
(1) the nature of any claims involved and the circumstances under which they were presented;
(2) the degree of culpability, history of prior offenses or improper conduct of the provider involved; and
(3) such other matters as justice may require.
(g)(1)(A) Except as provided in subparagraph (B), debarment of a provider under subsection (b) or (c) shall be effective at such time and upon such reasonable notice to such provider, and to carriers and covered individuals, as shall be specified in regulations prescribed by the Office. Any such provider that is debarred from participation may request a hearing in accordance with subsection (h)(1).
(B) Unless the Office determines that the health or safety of individuals receiving health care services warrants an earlier effective date, the Office shall not make a determination adverse to a provider under subsection (c)(5) or (d) until such provider has been given reasonable notice and an opportunity for the determination to be made after a hearing as provided in accordance with subsection (h)(1).
(2)(A) Except as provided in subparagraph (B), a debarment shall be effective with respect to any health care services or supplies furnished by a provider on or after the effective date of such provider's debarment.
(B) A debarment shall not apply with respect to inpatient institutional services furnished to an individual who was admitted to the institution before the date the debarment would otherwise become effective until the passage of 30 days after such date, unless the Office determines that the health or safety of the individual receiving those services warrants that a shorter period, or that no such period, be afforded.
(3) Any notice of debarment referred to in paragraph (1) shall specify the date as of which debarment becomes effective and the minimum period of time for which such debarment is to remain effective. In the case of a debarment under paragraph (1), (2), (3), or (4) of subsection (b), the minimum period of debarment shall not be less than 3 years, except as provided in paragraph (4)(B)(ii).
(4)(A) A provider barred from participating in the program under this chapter may, after the expiration of the minimum period of debarment referred to in paragraph (3), apply to the Office, in such manner as the Office may by regulation prescribe, for termination of the debarment.
(B) The Office may—
(i) terminate the debarment of a provider, pursuant to an application filed by such provider after the end of the minimum debarment period, if the Office determines, based on the conduct of the applicant, that—
(I) there is no basis under subsection (b), (c), or (d) for continuing the debarment; and
(II) there are reasonable assurances that the types of actions which formed the basis for the original debarment have not recurred and will not recur; or
(ii) notwithstanding any provision of subparagraph (A), terminate the debarment of a provider, pursuant to an application filed by such provider before the end of the minimum debarment period, if the Office determines that—
(I) based on the conduct of the applicant, the requirements of subclauses (I) and (II) of clause (i) have been met; and
(II) early termination under this clause is warranted based on the fact that the provider is the sole community provider or the sole source of essential specialized services in a community, or other similar circumstances.
(5) The Office shall—
(A) promptly notify the appropriate State or local agency or authority having responsibility for the licensing or certification of a provider barred from participation in the program under this chapter of the fact of the debarment, as well as the reasons for such debarment;
(B) request that appropriate investigations be made and sanctions invoked in accordance with applicable law and policy; and
(C) request that the State or local agency or authority keep the Office fully and currently informed with respect to any actions taken in response to the request.
(h)(1) Any provider of health care services or supplies that is the subject of an adverse determination by the Office under this section shall be entitled to reasonable notice and an opportunity to request a hearing of record, and to judicial review as provided in this subsection after the Office renders a final decision. The Office shall grant a request for a hearing upon a showing that due process rights have not previously been afforded with respect to any finding of fact which is relied upon as a cause for an adverse determination under this section. Such hearing shall be conducted without regard to subchapter II of
(2) Any provider adversely affected by a final decision under paragraph (1) made after a hearing to which such provider was a party may seek review of such decision in the United States District Court for the District of Columbia or for the district in which the plaintiff resides or has his or her principal place of business by filing a notice of appeal in such court within 60 days after the date the decision is issued, and by simultaneously sending copies of such notice by certified mail to the Director of the Office and to the Attorney General. In answer to the appeal, the Director of the Office shall promptly file in such court a certified copy of the transcript of the record, if the Office conducted a hearing, and other evidence upon which the findings and decision complained of are based. The court shall have power to enter, upon the pleadings and evidence of record, a judgment affirming, modifying, or setting aside, in whole or in part, the decision of the Office, with or without remanding the case for a rehearing. The district court shall not set aside or remand the decision of the Office unless there is not substantial evidence on the record, taken as whole, to support the findings by the Office of a cause for action under this section or unless action taken by the Office constitutes an abuse of discretion.
(3) Matters that were raised or that could have been raised in a hearing under paragraph (1) or an appeal under paragraph (2) may not be raised as a defense to a civil action by the United States to collect a penalty or assessment imposed under this section.
(i) A civil action to recover civil monetary penalties or assessments under subsection (d) shall be brought by the Attorney General in the name of the United States, and may be brought in the United States district court for the district where the claim involved was presented or where the person subject to the penalty resides. Amounts recovered under this section shall be paid to the Office for deposit into the Employees Health Benefits Fund. The amount of a penalty or assessment as finally determined by the Office, or other amount the Office may agree to in compromise, may be deducted from any sum then or later owing by the United States to the party against whom the penalty or assessment has been levied.
(j) The Office shall prescribe regulations under which, with respect to services or supplies furnished by a debarred provider to a covered individual during the period of such provider's debarment, payment or reimbursement under this chapter may be made, notwithstanding the fact of such debarment, if such individual did not know or could not reasonably be expected to have known of the debarment. In any such instance, the carrier involved shall take appropriate measures to ensure that the individual is informed of the debarment and the minimum period of time remaining under the terms of the debarment.
(Added
Editorial Notes
References in Text
Section 2455 of the Federal Acquisition Streamlining Act of 1994, referred to in subsec. (b)(5), is section 2455 of
Amendments
1998—Subsec. (a)(1)(D).
Subsec. (a)(2)(A).
Subsec. (b).
Subsec. (b)(5).
"(A) whose license to provide health care services or supplies has been revoked, suspended, restricted, or not renewed, by a State licensing authority for reasons relating to the provider's professional competence, professional performance, or financial integrity; or
"(B) that surrendered such a license while a formal disciplinary proceeding was pending before such an authority, if the proceeding concerned the provider's professional competence, professional performance, or financial integrity."
Subsec. (c).
Subsec. (d).
Subsec. (d)(1).
"(A) has charged for health care services or supplies that the provider knows or should have known were not provided as claimed; or
"(B) has charged for health care services or supplies in an amount substantially in excess of such provider's customary charges for such services or supplies, or charged for health care services or supplies which are substantially in excess of the needs of the covered individual or which are of a quality that fails to meet professionally recognized standards for such services or supplies;".
Subsec. (e).
Subsec. (f).
Subsec. (g).
Subsec. (g)(1).
Subsec. (g)(3).
Subsec. (g)(4)(B)(i)(I).
Subsec. (g)(6).
Subsec. (h).
Subsec. (h)(1), (2).
"(1) The Office may not make a determination under subsection (b) or (c) adverse to a provider of health care services or supplies until such provider has been given written notice and an opportunity for a hearing on the record. A provider is entitled to be represented by counsel, to present witnesses, and to cross-examine witnesses against the provider in any such hearing.
"(2) Notwithstanding section 8912, any person adversely affected by a final decision under paragraph (1) may obtain review of such decision in the United States Court of Appeals for the Federal Circuit. A written petition requesting that the decision be modified or set aside must be filed within 60 days after the date on which such person is notified of such decision."
Subsec. (i).
Subsec. (j).
Statutory Notes and Related Subsidiaries
Effective Date of 1998 Amendment
"(1)
"(2)
"(B) Paragraph (1)(B) of
"(C) Paragraph (3) of
Effective Date; Prior Conduct
"(a)
"(b)
1 So in original. The semicolon probably should be a period.
§8903. Health benefits plans
The Office of Personnel Management may contract for or approve the following health benefits plans:
(1)
(2)
(3)
(4)
(A)
(B)
(C)
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Sept. 28, 1959, |
||
| July 8, 1963, |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Editorial Notes
Amendments
2022—Par. (1).
1998—Par. (1).
1988—Par. (1).
1986—Par. (4)(A).
Par. (4)(C).
1985—Par. (3).
1984—Par. (1).
1978—
Statutory Notes and Related Subsidiaries
Effective Date of 1988 Amendment
Amendment by
Effective Date of 1984 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
§8903a. Additional health benefits plans
(a) In addition to any plan under
(b) A plan under this section may not be contracted for or approved unless it—
(1) is sponsored or underwritten, and administered, in whole or substantial part, by an employee organization described in
(2) offers benefits of the types named by paragraph (1) or (2) of
(3) provides for benefits only by paying for, or providing reimbursement for, the cost of such benefits (as provided for under paragraph (1) or (2) of
(4) is available only to individuals who, at the time of enrollment, are full members of the organization and to members of their families.
(c) A contract for a plan approved under this section shall require the carrier—
(1) to enter into an agreement approved by the Office with an underwriting subcontractor licensed to issue group health insurance in all the States and the District of Columbia; or
(2) to demonstrate ability to meet reasonable minimum financial standards prescribed by the Office.
(d) For the purpose of this section, an individual shall be considered a full member of an organization if such individual is eligible to exercise all rights and privileges incident to full membership in such organization (determined without regard to the right to hold elected office).
(Added
§8903b. Authority to readmit an employee organization plan
(a) In the event that a plan described by section 8903(3) or 8903a is discontinued under this chapter (other than in the circumstance described in section 8909(d)), that discontinuation shall be disregarded, for purposes of any determination as to that plan's eligibility to be considered an approved plan under this chapter, but only for purposes of any contract year later than the third contract year beginning after such plan is so discontinued.
(b) A contract for a plan approved under this section shall require the carrier—
(1) to demonstrate experience in service delivery within a managed care system (including provider networks) throughout the United States; and
(2) if the carrier involved would not otherwise be subject to the requirement set forth in section 8903a(c)(1), to satisfy such requirement.
(Added
Statutory Notes and Related Subsidiaries
Effective Date
"(A)
"(B)
§8903c. Postal Service Health Benefits Program
(a)
(1) the term "covered Medicare individual" means an individual who is entitled to benefits under Medicare part A, but excluding an individual who is eligible to enroll under such part under section 1818 or 1818A of the Social Security Act (
(2) the term "initial contract year" means the contract year beginning in January of 2025;
(3) the term "initial participating carrier" means a carrier that enters into a contract with the Office to participate in the Program during the initial contract year;
(4) the term "Medicare part A" means part A of title XVIII of the Social Security Act (
(5) the term "Medicare part B" means part B of title XVIII of the Social Security Act (
(6) the term "Office" means the Office of Personnel Management;
(7) the term "Postal Service" means the United States Postal Service;
(8) the term "Postal Service annuitant" means an annuitant enrolled in a health benefits plan under this chapter whose Government contribution is required to be paid under section 8906(g)(2);
(9) the term "Postal Service employee" means an employee of the Postal Service enrolled in a health benefits plan under this chapter whose Government contribution is paid by the Postal Service;
(10) the term "Postal Service Medicare covered annuitant" means an individual who—
(A) is a Postal Service annuitant; and
(B) is a covered Medicare individual;
(11) the term "Program" means the Postal Service Health Benefits Program established under subsection (c) within the Federal Employees Health Benefits Program;
(12) the term "Program plan" means a health benefits plan offered under the Program; and
(13) the definitions set forth in section 8901 shall apply, and for the purposes of applying such definitions in carrying out this section, a Postal Service employee and Postal Service annuitant shall be treated in the same manner as an employee and an annuitant (as those terms are defined in paragraphs (1) and (3), respectively, of section 8901), consistent with the requirements of this section.
(b)
(1) apply to the initial contract year and each contract year thereafter; and
(2) supersede any other provision of this chapter inconsistent with such requirements, as determined by the Office.
(c)
(1)
(A)
(B)
(C)
(i) to the greatest extent practicable—
(I) with respect to each plan provided by a carrier under this subchapter in which the total enrollment includes, in the contract year beginning in January 2023, 1,500 or more enrollees who are Postal Service employees or Postal Service annuitants, include a plan offered by that carrier with equivalent benefits and cost-sharing requirements as provided under paragraph (2), except that the Director of the Office may exempt any comprehensive medical plan from this requirement; and
(II) include plans offered by any other carrier determined appropriate by the Office;
(ii) provide for enrollment in Program plans of Postal Service employees and Postal Service annuitants, in accordance with subsection (d);
(iii) provide for enrollment in a Program plan as an individual, for self plus one, or for self and family; and
(iv) not provide for enrollment in a Program plan of an individual who is not a Postal Service employee or Postal Service annuitant (except as a member of family of such an employee or annuitant or as provided under paragraph (4)).
(2)
(3)
(4)
(d)
(1) shall be subject to the requirements of this section; and
(2) may not enroll in any other health benefits plan offered under any other section of this chapter.
(e)
(1)
(2)
(3)
(A)
(i)
(ii)
(iii)
(iv)
(I) is a Postal Service Medicare covered annuitant or a member of family of a Postal Service Medicare covered annuitant; and
(II) is enrolled in health care benefits provided by the Department of Veterans Affairs under subchapter II of
(v)
(I) is a Postal Service Medicare covered annuitant or a member of family of a Postal Service Medicare covered annuitant; and
(II) is eligible for health services from the Indian Health Service.
(B)
(C)
(4)
(f)
(1)
(A) the term "current option", with respect to an individual, means the option under a plan under this chapter in which the individual is enrolled during the contract year preceding the initial contract year; and
(B) the term "current plan", with respect to an individual, means the plan under this chapter in which the individual is enrolled during the contract year preceding the initial contract year.
(2)
(A)
(B)
(C)
(g)
(1)
(2)
(3)
(A) any provisions necessary to implement this section;
(B) a process under which Postal Service annuitants and affected family members are timely informed of the enrollment requirements and may request, in writing, any additional enrollment information;
(C) provisions under which a Postal Service employee or Postal Service annuitant enrolled under the Program may request a belated change of plan and may be prospectively enrolled in the plan of the employee's or annuitant's choice; and
(D) provisions for individuals to cancel coverage under the Program in writing to the Postal Service because the individuals choose not to enroll in, or to disenroll from, Medicare part B.
(h)
(1)
(2)
(A) a prescription drug plan (as defined in section 1860D–41(a)(14) of such Act); or
(B) contracts between such a Program plan and PDP sponsor, as defined in section 1860D–41(a)(13) of such Act, of such a prescription drug plan.
(i)
(1)
(2)
(A) enrollments for self only;
(B) enrollments for self plus one; and
(C) enrollments for self and family.
(3)
(4)
(j)
(1)
(A)
(B)
(C)
(D)
(2)
(k)
(l)
(1)
(2)
(3)
(A) notify Postal Service annuitants and Postal Service employees about the Postal Service Health Benefits Program established under subsection (c)(1);
(B) provide information regarding the Postal Service Health Benefits Program and the requirements of this section to Postal Service annuitants and Postal Service employees, including—
(i) a description of the health care options available under such Program;
(ii) the enrollment provisions of subsection (d); and
(iii) the requirement that Postal Service annuitants and their family members be enrolled in Medicare under subsection (e);
(C) respond and provide answers to any inquiry from such employees and annuitants about the Postal Service Health Benefits Program, in consultation with the Office as necessary;
(D) in consultation with the Centers for Medicare & Medicaid Services and the Social Security Administration, provide information to individuals about enrollment under the Medicare program under title XVIII of the Social Security Act, and refer individuals to the Centers for Medicare & Medicaid Services and the Social Security Administration as necessary for additional enrollment information; and
(E) carry out, or provide for through contract or other arrangement, the activities described in paragraph (5).
(4)
(A)
(B)
(5)
(A)
(i) Educational activities for annuitants and employees of the Postal Service to raise awareness of the availability of Program plans and requirements for enrolling in such plans, including requirements to be entitled to Medicare part A and enroll in Medicare part B.
(ii) Distribution of fair and impartial information concerning enrollment in such plans.
(iii) Facilitation of enrollment in such plans.
(iv) Provision of information in a manner that is culturally and linguistically appropriate to the needs of the population being served by the Program plans.
(B)
(i)
(I) engage in the navigator activities described in subparagraph (A); and
(II) avoid conflicts of interest.
(ii)
(I) be a health insurance carrier; or
(II) receive any consideration directly or indirectly from any health insurance carrier in connection with the enrollment of any individual in a Program plan.
(C)
(6)
(A)
(B)
(i) provisions for the notification of Postal Service annuitants and Postal Service employees about the Program, including a description of the available health benefits options, including a process for notifying Postal Service employees who become eligible for Medicare part B and Postal Service Medicare covered annuitants about their choices;
(ii) provisions for notifying Postal Service annuitants, Postal Service employees, and their family members of the requirements under subsection (e) to enroll in Medicare as a condition of eligibility to enroll in the Program; and
(iii) a process, developed in consultation with the Social Security Administration, the Centers for Medicare & Medicaid Services, and the Office, for addressing any inquiry from Postal Service annuitants and Postal Service employees about the Program or Medicare enrollment.
(Added
Editorial Notes
References in Text
The Social Security Act, referred to in subsecs. (a)(4), (5), (h)(2), and (l)(3)(D), is act Aug. 14, 1935, ch. 531,
The date of enactment of this section, referred to in subsecs. (e)(3)(B), (g)(1), and (l)(2), (6)(A), is the date of enactment of
Statutory Notes and Related Subsidiaries
Information Sharing and Dissemination Required for Special Enrollment Period and Enforcement of Part B Enrollment Requirements
"(1)
"(2)
"(3)
"(A) which Postal Service annuitants, and family members of such annuitants, may be eligible to enroll under Medicare part B during the special enrollment period described in paragraph (2); and
"(B) whether Postal Service annuitants, and family members of such annuitants, satisfy the enrollment requirements described in paragraphs (1) and (2) of
Reimbursement For Periodic SSA Data Sharing
"(A)
"(B)
"(i) shall report the amount paid under subparagraph (A) annually to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform [now Committee on Oversight and Accountability] of the House of Representatives; and
"(ii) may satisfy the requirement under clause (i) by including the amount paid under subparagraph (A) in any other annual report submitted to Congress."
[For definition of "Postal Service" as used in section 101(d)(5) of
§8904. Types of benefits
(a) The benefits to be provided under plans described by
(1)
(A) Hospital benefits.
(B) Surgical benefits.
(C) In-hospital medical benefits.
(D) Ambulatory patient benefits.
(E) Supplemental benefits.
(F) Obstetrical benefits.
(2)
(A) Hospital care.
(B) Surgical care and treatment.
(C) Medical care and treatment.
(D) Obstetrical benefits.
(E) Prescribed drugs, medicines, and prosthetic devices.
(F) Other medical supplies and services.
(3)
(4)
All plans contracted for under paragraphs (1) and (2) of this subsection shall include benefits both for costs associated with care in a general hospital and for other health services of a catastrophic nature.
(b)(1)(A) A plan, other than a prepayment plan described in
(B)(i) A plan, other than a prepayment plan described in section 8903(4), may not provide benefits, in the case of any retired enrolled individual who is age 65 or older and is not entitled to Medicare supplementary medical insurance benefits under part B of title XVIII of the Social Security Act (
(ii) Physicians and suppliers who have in force participation agreements with the Secretary of Health and Human Services consistent with section 1842(h)(1) of such Act (
(C) If the Secretary of Health and Human Services determines that a violation of this subsection warrants excluding a provider from participation for a specified period under title XVIII of the Social Security Act, the Office shall enforce a corresponding exclusion of such provider for purposes of this chapter.
(2) Notwithstanding any other provision of law, the Secretary of Health and Human Services and the Director of the Office of Personnel Management, and their agents, shall exchange any information necessary to implement this subsection.
(3)(A) Not later than December 1, 1991, and periodically thereafter, the Secretary of Health and Human Services (in consultation with the Director of the Office of Personnel Management) shall supply to carriers of plans described in paragraphs (1) through (3) of section 8903 the Medicare program information necessary for them to comply with paragraph (1).
(B) For purposes of this paragraph, the term "Medicare program information" includes (i) the limitations on hospital charges established for Medicare purposes under section 1886 of the Social Security Act (
(4) The Director of the Office of Personnel Management shall enter into an arrangement with the Secretary of Health and Human Services, to be effective before the first day of the fifth month that begins before each contract year, under which—
(A) physicians and suppliers (whether or not participating) under the Medicare program will be notified of the requirements of paragraph (1)(B);
(B) enforcement procedures will be in place to carry out such paragraph (including enforcement of protections against overcharging of beneficiaries); and
(C) Medicare program information described in paragraph (3)(B)(ii) will be supplied to carriers under paragraph (3)(A).
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Sept. 28, 1959, |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Editorial Notes
References in Text
The Social Security Act, referred to in subsec. (b)(1), is act Aug. 14, 1935, ch. 531,
Amendments
1993—Subsec. (b)(1).
Subsec. (b)(3)(B).
Subsec. (b)(4).
1992—Subsec. (a).
1990—
Statutory Notes and Related Subsidiaries
Effective Date of 1993 Amendment
Effective Date of 1990 Amendment
Coverage of Testing for COVID–19: Application With Respect to Federal Civilians
Mental Health, Alcoholism, and Drug Addiction Benefits; Congressional Findings; Sense of Congress
"(a)
"(1) the treatment of mental illness, alcoholism, and drug addiction are basic health care services which are needed by approximately 40,000,000 Americans each year;
"(2) treatment of mental illness, alcoholism, and drug addiction is increasingly successful;
"(3) timely and appropriate treatment of mental illness, alcoholism, and drug addiction is cost effective in terms of restored productivity, reduced utilization of other health services, and reduced social dependence; and
"(4) mental illness is a problem of grave concern to the people of the United States and is widely but unnecessarily feared and misunderstood.
"(b)
"(1) that participants in the Federal employees health benefits program should receive adequate benefits coverage for treatment of mental illness, alcoholism, and drug addiction; and
"(2) that the Office of Personnel Management should encourage participating health benefits plans to provide adequate benefits relating to treatment of mental illness, alcoholism, and drug addiction (including benefits relating to coverage for inpatient and outpatient treatment and catastrophic protection benefits)."
§8905. Election of coverage
(a) An employee may enroll in an approved health benefits plan described in section 8903 or 8903a—
(1) as an individual;
(2) for self plus one; or
(3) for self and family.
(b) An annuitant who at the time he becomes an annuitant was enrolled in a health benefits plan under this chapter—
(1) as an employee for a period of not less than—
(A) the 5 years of service immediately before retirement;
(B) the full period or periods of service between the last day of the first period, as prescribed by regulations of the Office of Personnel Management, in which he is eligible to enroll in the plan and the date on which he becomes an annuitant; or
(C) the full period or periods of service beginning with the enrollment which became effective before January 1, 1965, and ending with the date on which he becomes an annuitant;
whichever is shortest; or
(2) as a member of the family of an employee or annuitant;
may continue his enrollment under the conditions of eligibility prescribed by regulations of the Office. The Office may, in its sole discretion, waive the requirements of this subsection in the case of an individual who fails to satisfy such requirements if the Office determines that, due to exceptional circumstances, it would be against equity and good conscience not to allow such individual to be enrolled as an annuitant in a health benefits plan under this chapter 1
(c)(1) A former spouse may—
(A) within 60 days after the dissolution of the marriage, or
(B) in the case of a former spouse of a former employee whose marriage was dissolved after the employee's retirement, within 60 days after the dissolution of the marriage or, if later, within 60 days after an election is made under
enroll in an approved health benefits plan described by
(2) Coverage for self plus one or for self and family under this subsection shall be limited to—
(A) the former spouse; and
(B) unmarried dependent natural or adopted children (or, in the case of self plus one coverage, not more than 1 such child) of the former spouse and the employee who are—
(i) under 22 years of age; or
(ii) incapable of self-support because of mental or physical disability which existed before age 22.
(d) An individual whom the Secretary of Defense determines is an eligible beneficiary under subsection (b) of
(e) If an employee, annuitant, or other individual eligible to enroll in a health benefits plan under this chapter has a spouse who is also eligible to enroll, either spouse, but not both, may enroll for self and family, or for a self plus one enrollment that covers the spouse, or each spouse may enroll as an individual or for a self plus one enrollment that does not cover the other spouse or a child who is covered under the enrollment of the other spouse. However, an individual may not be enrolled both as an employee, annuitant, or other individual eligible to enroll and as a member of the family.
(f) An employee, annuitant, former spouse, or person having continued coverage under
(g)(1) Under regulations prescribed by the Office, the Office shall, before the start of any contract term in which—
(A) an adjustment is made in any of the rates charged or benefits provided under a health benefits plan described by
(B) a newly approved health benefits plan is offered, or
(C) an existing plan is terminated,
provide a period of not less than 3 weeks during which any employee, annuitant, former spouse, or person having continued coverage under
(2) In addition to any opportunity afforded under paragraph (1) of this subsection, an employee, annuitant, former spouse, or person having continued coverage under
(3)(A) In addition to any informational requirements otherwise applicable under this chapter, the regulations shall include provisions to ensure that each employee eligible to enroll in a health benefits plan under this chapter (whether actually enrolled or not) is notified in writing as to the rights afforded under
(B) Notification under this paragraph shall be provided by employing agencies at an appropriate point in time before each period under paragraph (1) so that employees may be aware of their rights under
(h)(1) An unenrolled employee who is required by a court or administrative order to provide health insurance coverage for 1 or more children who meets the requirements of section 8901(5) may enroll for self plus one or self and family coverage, as necessary to provide health insurance coverage for each child who is covered under the order, in a health benefits plan under this chapter. If such employee fails to enroll for self plus one or self and family coverage, as necessary to provide health insurance coverage for each child who is covered under the order, in a health benefits plan that provides full benefits and services in the location in which the child or children reside, and the employee does not provide documentation showing that such coverage has been provided through other health insurance, the employing agency shall enroll the employee in a self plus one or self and family enrollment, as necessary to provide health insurance coverage for each child who is covered under the order, in the option which provides the lower level of coverage under the Service Benefit Plan.
(2) An employee who is enrolled as an individual in a health benefits plan under this chapter and who is required by a court or administrative order to provide health insurance coverage for 1 or more children who meets the requirements of section 8901(5) may change to a self plus one or self and family enrollment, as necessary to provide health insurance coverage for each child who is covered under the order, in the same or another health benefits plan under this chapter. If such employee fails to change to a self plus one or self and family enrollment, as necessary to provide health insurance coverage for each child who is covered under the order, and the employee does not provide documentation showing that such coverage has been provided through other health insurance, the employing agency shall change the enrollment of the employee to a self plus one or self and family enrollment, as necessary to provide health insurance coverage for each child who is covered under the order, in the plan in which the employee is enrolled if that plan provides full benefits and services in the location where the child or children reside. If the plan in which the employee is enrolled does not provide full benefits and services in the location in which the child or children reside, or, if the employee fails to change to a self plus one or self and family enrollment, as necessary to provide health insurance coverage for each child who is covered under the order, in a plan that provides full benefits and services in the location where the child or children reside, the employing agency shall change the coverage of the employee to a self plus one or self and family enrollment, as necessary to provide health insurance coverage for each child who is covered under the order, in the option which provides the lower level of coverage under the Service Benefits Plan.
(3) The employee may not discontinue the self plus one or self and family enrollment, as necessary to provide health insurance coverage for each child who is covered under the order, in a plan that provides full benefits and services in the location in which the child or children reside for so long as the court or administrative order remains in effect and the child or children continue to meet the requirements of section 8901(5), unless the employee provides documentation showing that such coverage has been provided through other health insurance.
(i) Any services by an officer or employee under this chapter relating to enrolling individuals in a health benefits plan under this chapter, or changing the enrollment of an individual already so enrolled, shall be deemed, for purposes of
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Sept. 28, 1959, |
||
| Mar. 17, 1964, |
In subsection (b)(1), the words "as an employee" are inserted for clarity.
In subsection (b)(1)(C), the words "before January 1, 1965" are substituted for "not later than December 31, 1964".
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Editorial Notes
Amendments
2019—Subsec. (i).
2013—Subsec. (a).
Subsec. (c)(1).
Subsec. (c)(2).
Subsec. (c)(2)(B).
Subsec. (e).
Subsec. (h).
Subsec. (h)(1).
Subsec. (h)(3).
2000—Subsec. (h).
1998—Subsecs. (d) to (g).
1992—Subsec. (b).
Subsec. (c)(1).
1988—Subsec. (d).
Subsecs. (e), (f)(1), (2).
Subsec. (f)(3).
1986—Subsec. (b).
Subsec. (c)(1).
Subsec. (f).
1985—Subsecs. (a), (c)(1).
Subsec. (f).
1984—Subsec. (c).
Subsec. (d).
Subsec. (e).
Subsec. (f).
1978—Subsecs. (b), (d), (e).
Statutory Notes and Related Subsidiaries
Effective Date of 2019 Amendment
Amendment by
Effective Date of 1988 Amendment
Amendment by
Effective Date of 1986 Amendments
Amendment by
Effective Date of 1984 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Regulations
Regulations to carry out amendment by
Weighted Average for First Year
Election of Health Benefits Coverage and Entitlement to Health Benefits Under this Chapter Rather Than Under Retired Federal Employees Health Benefits Act
"
"(b) An annuitant who elects to be covered under the provisions of
"[Sec. 4] (b) Section 2 [set out above] shall take effect on the one hundred and eightieth day following the date of enactment [Jan. 1, 1974] or on such earlier date as the United States Civil Service Commission may prescribe."
1 So in original. Probably should be followed by a period.
2 So in original. The word "for" probably should precede "self and family".
§8905a. Continued coverage
(a) Any individual described in subsection (b) may elect to continue coverage under this chapter in accordance with the provisions of this section.
(b) This section applies with respect to—
(1) any employee who—
(A) is separated from service, whether voluntarily or involuntarily, except that if the separation is involuntary, this section shall not apply if the separation is for gross misconduct (as defined under regulations which the Office of Personnel Management shall prescribe); and
(B) would not otherwise be eligible for any benefits under this chapter (determined without regard to any temporary extension of coverage and without regard to any benefits available under a nongroup contract);
(2) any individual who—
(A) ceases to meet the requirements for being considered an unmarried dependent child under this chapter;
(B) on the day before so ceasing to meet the requirements referred to in subparagraph (A), was covered under a health benefits plan under this chapter as a member of the family of an employee or annuitant; and
(C) would not otherwise be eligible for any benefits under this chapter (determined without regard to any temporary extension of coverage and without regard to any benefits available under a nongroup contract); and
(3) any employee who—
(A) is enrolled in a health benefits plan under this chapter;
(B) is a member of a reserve component of the armed forces;
(C) is called or ordered to active duty in support of a contingency operation (as defined in
(D) is placed on leave without pay or separated from service to perform active duty; and
(E) serves on active duty for a period of more than 30 consecutive days.
(c)(1) The Office shall prescribe regulations and provide for the inclusion of appropriate terms in contracts with carriers to provide that—
(A) with respect to an employee who becomes (or will become) eligible for continued coverage under this section as a result of separation from service, the separating agency shall, before the end of the 30-day period beginning on the date as of which coverage (including any temporary extensions of coverage) would otherwise end, notify the individual of such individual's rights under this section; and
(B) with respect to a child of an employee or annuitant who becomes eligible for continued coverage under this section as a result of ceasing to meet the requirements for being considered a member of the employee's or annuitant's family—
(i) the employee or annuitant may provide written notice of the child's change in status (complete with the child's name, address, and such other information as the Office may by regulation require)—
(I) to the employee's employing agency; or
(II) in the case of an annuitant, to the Office; and
(ii) if the notice referred to in clause (i) is received within 60 days after the date as of which the child involved first ceases to meet the requirements involved, the employing agency or the Office (as the case may be) must, within 14 days after receiving such notice, notify the child of such child's rights under this section.
(2) In order to obtain continued coverage under this section, an appropriate written election (submitted in such manner as the Office by regulation prescribes) must be made—
(A) in the case of an individual seeking continued coverage based on a separation from service, before the end of the 60-day period beginning on the later of—
(i) the effective date of the separation; or
(ii) the date the separated individual receives the notice required under paragraph (1)(A); or
(B) in the case of an individual seeking continued coverage based on a change in circumstances making such individual ineligible for coverage as an unmarried dependent child, before the end of the 60-day period beginning on the later of—
(i) the date as of which such individual first ceases to meet the requirements for being considered an unmarried dependent child; or
(ii) the date such individual receives notice under paragraph (1)(B)(ii);
except that if a parent fails to provide the notice required under paragraph (1)(B)(i) in timely fashion, the 60-day period under this subparagraph shall be based on the date under clause (i), irrespective of whether or not any notice under paragraph (1)(B)(ii) is provided.
(d)(1)(A) Except as provided in paragraphs (4), (5), and (6), an individual receiving continued coverage under this section shall be required to pay currently into the Employees Health Benefits Fund, under arrangements satisfactory to the Office, an amount equal to the sum of—
(i) the employee and agency contributions which would be required in the case of an employee enrolled in the same health benefits plan and level of benefits; and
(ii) an amount, determined under regulations prescribed by the Office, necessary for administrative expenses, but not to exceed 2 percent of the total amount under clause (i).
(B) Payments under this section to the Fund shall—
(i) in the case of an individual whose continued coverage is based on such individual's separation, be made through the agency which last employed such individual; or
(ii) in the case of an individual whose continued coverage is based on a change in circumstances referred to in subsection (c)(2)(B), be made through—
(I) the Office, if, at the time coverage would (but for this section) otherwise have been discontinued, the individual was covered as the child of an annuitant; or
(II) if, at the time referred to in subclause (I), the individual was covered as the child of an employee, the employee's employing agency as of such time.
(2) If an individual elects to continue coverage under this section before the end of the applicable period under subsection (c)(2), but after such individual's coverage under this chapter (including any temporary extensions of coverage) expires, coverage shall be restored retroactively, with appropriate contributions (determined in accordance with paragraph (1), (4), or (5), as the case may be) and claims (if any), to the same extent and effect as though no break in coverage had occurred.
(3)(A) An individual making an election under subsection (c)(2)(B) may, at such individual's option, elect coverage either as an individual or, if appropriate, for self plus one or for self and family.
(B) For the purpose of this paragraph, members of an individual's family shall be determined in the same way as would apply under this chapter in the case of an enrolled employee.
(C) Nothing in this paragraph shall be considered to limit an individual making an election under subsection (c)(2)(A) to coverage for self alone.
(4)(A) If the basis for continued coverage under this section is an involuntary separation from a position, or a voluntary separation from a surplus position, in or under the Department of Defense due to a reduction in force, or the Department of Energy due to a reduction in force resulting from the establishment of the National Nuclear Security Administration—
(i) the individual shall be liable for not more than the employee contributions referred to in paragraph (1)(A)(i); and
(ii) the agency which last employed the individual shall pay the remaining portion of the amount required under paragraph (1)(A).
(B) This paragraph shall apply with respect to any individual whose continued coverage is based on a separation occurring on or after the date of enactment of this paragraph and before—
(i) December 31, 2016; or
(ii) February 1, 2017, if specific notice of such separation was given to such individual before December 31, 2016.
(C) For the purpose of this paragraph, "surplus position" means a position which is identified in pre-reduction-in-force planning as no longer required, and which is expected to be eliminated under formal reduction-in-force procedures.
(5)(A) If the basis for continued coverage under this section is an involuntary separation from a position in or under the Department of Veterans Affairs due to a reduction in force or a title 38 staffing readjustment, or a voluntary or involuntary separation from a Department of Energy position at a Department of Energy facility at which the Secretary is carrying out a closure project selected under section 44211 of the Atomic Energy Defense Act—
(i) the individual shall be liable for not more than the employee contributions referred to in paragraph (1)(A)(i); and
(ii) the agency which last employed the individual shall pay the remaining portion of the amount required under paragraph (1)(A).
(B) This paragraph shall only apply with respect to individuals whose continued coverage is based on a separation occurring on or after the date of the enactment of this paragraph.
(6)(A) If the basis for continued coverage under this section is, as a result of the termination of the Space Shuttle Program, an involuntary separation from a position due to a reduction-in-force or declination of a directed reassignment or transfer of function, or a voluntary separation from a surplus position in the National Aeronautics and Space Administration—
(i) the individual shall be liable for not more than the employee contributions referred to in paragraph (1)(A)(i); and
(ii) the National Aeronautics and Space Administration shall pay the remaining portion of the amount required under paragraph (1)(A).
(B) This paragraph shall only apply with respect to individuals whose continued coverage is based on a separation occurring on or after the date of enactment of this paragraph and before December 31, 2010.
(C) For purposes of this paragraph, "surplus position" means a position which is—
(i) identified in pre-reduction-in-force planning as no longer required, and which is expected to be eliminated under formal reduction-in-force procedures as a result of the termination of the Space Shuttle Program; or
(ii) encumbered by an employee who has received official certification from the National Aeronautics and Space Administration consistent with the Administration's career transition assistance program regulations that the position is being abolished as a result of the termination of the Space Shuttle Program.
(e)(1) Continued coverage under this section may not extend beyond—
(A) in the case of an individual whose continued coverage is based on separation from service, the date which is 18 months after the effective date of the separation;
(B) in the case of an individual whose continued coverage is based on ceasing to meet the requirements for being considered an unmarried dependent child, the date which is 36 months after the date on which the individual first ceases to meet those requirements, subject to paragraph (2); or
(C) in the case of an employee described in subsection (b)(3), the date which is 24 months after the employee is placed on leave without pay or separated from service to perform active duty.
(2) In the case of an individual who—
(A) ceases to meet the requirements for being considered an unmarried dependent child;
(B) as of the day before so ceasing to meet the requirements referred to in subparagraph (A), was covered as the child of a former employee receiving continued coverage under this section based on the former employee's separation from service; and
(C) so ceases to meet the requirements referred to in subparagraph (A) before the end of the 18-month period beginning on the date of the former employee's separation from service,
extended coverage under this section may not extend beyond the date which is 36 months after the separation date referred to in subparagraph (C).
(f)(1) The Office shall prescribe regulations under which, in addition to any individual otherwise eligible for continued coverage under this section, and to the extent practicable, continued coverage may also, upon appropriate written application, be afforded under this section—
(A) to any individual who—
(i) if subparagraphs (A) and (C) of paragraph (10) of section 8901 were disregarded, would be eligible to be considered a former spouse within the meaning of such paragraph; but
(ii) would not, but for this subsection, be eligible to be so considered; and
(B) to any individual whose coverage as a family member would otherwise terminate as a result of a legal separation.
(2) The terms and conditions for coverage under the regulations shall include—
(A) consistent with subsection (c), any necessary notification provisions, and provisions under which an election period of at least 60 days' duration is afforded;
(B) terms and conditions identical to those under subsection (d), except that contributions to the Employees Health Benefits Fund shall be made through such agency as the Office by regulation prescribes;
(C) provisions relating to the termination of continued coverage, except that continued coverage under this section may not (subject to paragraph (3)) extend beyond the date which is 36 months after the date on which the qualifying event under this subsection (the date of divorce, annulment, or legal separation, as the case may be) occurs; and
(D) provisions designed to ensure that any coverage pursuant to this subsection does not adversely affect any eligibility for coverage which the individual involved might otherwise have under this chapter (including as a result of any change in personal circumstances) if this subsection had not been enacted.
(3) In the case of an individual—
(A) who becomes eligible for continued coverage under this subsection based on a divorce, annulment, or legal separation from a person who, as of the day before the date of the divorce, annulment, or legal separation (as the case may be) was receiving continued coverage under this section based on such person's separation from service under a self plus one enrollment that covered the individual or under a self and family enrollment; and
(B) whose divorce, annulment, or legal separation (as the case may be) occurs before the end of the 18-month period beginning on the date of the separation from service referred to in subparagraph (A),
extended coverage under this section may not extend beyond the date which is 36 months after the date of the separation from service, as referred to in subparagraph (A).
(Added
Editorial Notes
References in Text
The date of enactment of this paragraph, referred to in subsec. (d)(4)(B), is the date of enactment of
Section 4421 of the Atomic Energy Defense Act, referred to in subsec. (d)(5)(A), was classified to
The date of the enactment of this paragraph, referred to in subsec. (d)(5)(B), is the date of enactment of
The date of enactment of this paragraph, referred to in subsec. (d)(6)(B), is the date of enactment of
Amendments
2013—Subsec. (d)(3)(A).
Subsec. (f)(3)(A).
2011—Subsec. (d)(4)(B).
2010—Subsec. (d)(4)(B)(i).
Subsec. (d)(4)(B)(ii).
2008—Subsec. (d)(1)(A).
Subsec. (d)(6).
2006—Subsec. (d)(4)(B)(i).
Subsec. (d)(4)(B)(ii).
2004—Subsec. (a).
Subsec. (b)(3).
Subsec. (e)(1)(C).
2003—Subsec. (d)(5)(A).
2002—Subsec. (d)(4)(B)(i).
Subsec. (d)(4)(B)(ii).
2000—Subsec. (d)(5)(A).
1999—Subsec. (d)(1)(A).
Subsec. (d)(2).
Subsec. (d)(4)(A).
Subsec. (d)(4)(B).
"(i) October 1, 1999; or
"(ii) February 1, 2000, if specific notice of such separation was given to such individual before October 1, 1999."
Subsec. (d)(5).
1996—Subsec. (d)(4)(A).
Subsec. (d)(4)(C).
1994—Subsec. (d)(4)(B).
1992—Subsec. (d)(1)(A).
Subsec. (d)(2).
Subsec. (d)(4).
Statutory Notes and Related Subsidiaries
Effective Date of 2004 Amendment
Effective Date of 1999 Amendment
Amendment by section 3244 of
Effective Date
Section applicable with respect to any calendar year beginning, and contracts entered into or renewed for any calendar year beginning, after the end of the 9-month period beginning Nov. 14, 1988, and with respect to any qualifying event occurring on or after the first day of the first calendar year beginning after the end of such 9-month period, see section 203 of
Source of Payments
1 See References in Text note below.
§8906. Contributions
(a)(1) Not later than October 1 of each year, the Office of Personnel Management shall determine the weighted average of the subscription charges that will be in effect during the following contract year with respect to—
(A) enrollments under this chapter for self alone;
(B) enrollments under this chapter for self plus one; and
(C) enrollments under this chapter for self and family.
(2) In determining each weighted average under paragraph (1), the weight to be given to a particular subscription charge shall, with respect to each plan (and option) to which it is to apply, be commensurate with the number of enrollees enrolled in such plan (and option) as of March 31 of the year in which the determination is being made.
(3) For purposes of paragraph (2), the term "enrollee" means any individual who, during the contract year for which the weighted average is to be used under this section, will be eligible for a Government contribution for health benefits.
(b)(1) Except as provided in paragraphs (2), (3), and (4), the biweekly Government contribution for health benefits for an employee or annuitant enrolled in a health benefits plan under this chapter is adjusted to an amount equal to 72 percent of the weighted average under subsection (a)(1)(A) or (B), as applicable. For an employee, the adjustment begins on the first day of the employee's first pay period of each year. For an annuitant, the adjustment begins on the first day of the first period of each year for which an annuity payment is made.
(2) The biweekly Government contribution for an employee or annuitant enrolled in a plan under this chapter shall not exceed 75 percent of the subscription charge.
(3) In the case of an employee who is occupying a position on a part-time career employment basis (as defined in
(4) In the case of persons who are enrolled in a health benefits plan as part of the demonstration project under
(c) There shall be withheld from the pay of each enrolled employee and (except as provided in subsection (i) of this section) the annuity of each enrolled annuitant and there shall be contributed by the Government, amounts, in the same ratio as the contributions of the employee or annuitant and the Government under subsection (b) of this section, which are necessary for the administrative costs and the reserves provided for by
(d) The amount necessary to pay the total charge for enrollment, after the Government contribution is deducted, shall be withheld from the pay of each enrolled employee and (except as provided in subsection (i) of this section) from the annuity of each enrolled annuitant. The withholding for an annuitant shall be the same as that for an employee enrolled in the same health benefits plan and level of benefits.
(e)(1)(A) An employee enrolled in a health benefits plan under this chapter who is placed in a leave without pay status may have his coverage and the coverage of members of his family continued under the plan for not to exceed 1 year under regulations prescribed by the Office.
(B) During each pay period in which an enrollment continues under subparagraph (A)—
(i) employee and Government contributions required by this section shall be paid on a current basis; and
(ii) if necessary, the head of the employing agency shall approve advance payment, recoverable in the same manner as under section 5524a(c), of a portion of basic pay sufficient to pay current employee contributions.
(C) Each agency shall establish procedures for accepting direct payments of employee contributions for the purposes of this paragraph.
(2) An employee who enters on approved leave without pay to serve as a full-time officer or employee of an organization composed primarily of employees as defined by
(3)(A) An employing agency may pay both the employee and Government contributions, and any additional administrative expenses otherwise chargeable to the employee, with respect to health care coverage for an employee described in subparagraph (B) and the family of such employee.
(B) An employee referred to in subparagraph (A) is an employee who—
(i) is enrolled in a health benefits plan under this chapter;
(ii) is a member of a reserve component of the armed forces;
(iii) is called or ordered to active duty in support of a contingency operation (as defined in
(iv) is placed on leave without pay or separated from service to perform active duty; and
(v) serves on active duty for a period of more than 30 consecutive days.
(C) Notwithstanding the one-year limitation on coverage described in paragraph (1)(A), payment may be made under this paragraph for a period not to exceed 24 months.
(f) The Government contribution, and any additional payments under subsection (e)(3)(A), for health benefits for an employee shall be paid—
(1) in the case of employees generally, from the appropriation or fund which is used to pay the employee;
(2) in the case of an elected official, from an appropriation or fund available for payment of other salaries of the same office or establishment;
(3) in the case of an employee of the legislative branch who is paid by the Chief Administrative Officer of the House of Representatives, from the applicable accounts of the House of Representatives; and
(4) in the case of an employee in a leave without pay status, from the appropriation or fund which would be used to pay the employee if he were in a pay status.
(g)(1) Except as provided in paragraphs (2) and (3), the Government contributions authorized by this section for health benefits for an annuitant shall be paid from annual appropriations which are authorized to be made for that purpose and which may be made available until expended.
(2)(A) The Government contributions authorized by this section for health benefits for an individual who first becomes an annuitant by reason of retirement from employment with the United States Postal Service on or after July 1, 1971, or for a survivor of such an individual or of an individual who died on or after July 1, 1971, while employed by the United States Postal Service, shall through September 30, 2016, be paid by the United States Postal Service, and thereafter shall be paid first from the Postal Service Retiree Health Benefits Fund up to the amount contained in the Fund, with any remaining amount paid by the United States Postal Service.
(B) In determining any amount for which the Postal Service is liable under this paragraph, the amount of the liability shall be prorated to reflect only that portion of total service which is attributable to civilian service performed (by the former postal employee or by the deceased individual referred to in subparagraph (A), as the case may be) after June 30, 1971, as estimated by the Office of Personnel Management.
(3) The Government contribution for persons enrolled in a health benefits plan as part of the demonstration project under
(h) The Office shall provide for conversion of biweekly rates of contribution specified by this section to rates for employees and annuitants paid on other than a biweekly basis, and for this purpose may provide for the adjustment of the converted rate to the nearest cent.
(i) An annuitant whose annuity is insufficient to cover the withholdings required for enrollment in a particular health benefits plan may enroll (or remain enrolled) in such plan, notwithstanding any other provision of this section, if the annuitant elects, under conditions prescribed by regulations of the Office, to pay currently into the Employees Health Benefits Fund, through the retirement system that administers the annuitant's health benefits enrollment, an amount equal to the withholdings that would otherwise be required under this section.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Sept. 28, 1959, |
||
| Mar. 17, 1964, |
In subsection (f)(1), the words "in the case of employees generally" are inserted for clarity.
In subsection (h), the word "biweekly" is inserted for clarity.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
| Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 8906(a) 8906(b) 8906(e)(2) |
5 App.: 3006(a)(1). 5 App.: 3006(a)(2). 5 App.: 3006(b)(2). |
July 18, 1966, |
In subsection (a), the words "subsection (b) of this section", "this chapter", and "subsection (c) of this section" are substituted for "paragraph (2) of this subsection", "this Act", and "paragraph (3)", respectively, to reflect the codification of
In subsection (e)(2), the words "as defined by
Editorial Notes
Amendments
2013—Subsec. (a)(1)(B), (C).
2006—Subsec. (g)(2)(A).
2004—Subsec. (e)(3)(C).
2001—Subsec. (e)(3).
Subsec. (f).
1998—Subsec. (b)(1).
Subsec. (b)(4).
Subsec. (g)(1).
Subsec. (g)(3).
1997—Subsec. (a).
"(1) the service benefit plan;
"(2) the indemnity benefit plan;
"(3) the two employee organization plans with the largest number of enrollments, as determined by the Office; and
"(4) the two comprehensive medical plans with the largest number of enrollments, as determined by the Office."
Subsec. (b)(1).
1996—Subsec. (e)(1).
Subsec. (f)(3).
1992—Subsec. (b)(3).
Subsec. (c).
1990—Subsec. (c).
Subsec. (d).
Subsec. (g)(2).
Subsec. (i).
1989—Subsec. (g)(2).
1986—Subsec. (g).
1979—Subsec. (b)(1).
1978—Subsec. (a).
Subsec. (b)(1).
Subsec. (b)(3).
Subsecs. (e)(1), (h).
1976—Subsec. (g).
1974—Subsec. (a).
Subsec. (b)(1).
Subsec. (b)(2).
Subsec. (c).
Subsec. (g).
1970—Subsec. (a).
Statutory Notes and Related Subsidiaries
Effective Date of 2006 Amendment
Amendment by
Effective Date of 2004 Amendment
Amendment by
Effective Date of 2001 Amendment
Effective Date of 1997 Amendment
Effective Date of 1990 Amendments
Effective Date of 1989 Amendment
Effective Date of 1979 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Effective Date of 1976 Amendment
Amendment by
Effective Date of 1974 Amendment
Effective Date of 1970 Amendment
Payments by Postal Service Relating to Corrected Calculations for Past Health Benefits
"(1) at least one-third shall be paid not later than September 30, 1996;
"(2) at least two-thirds shall be paid not later than September 30, 1997; and
"(3) any remaining balance shall be paid not later than September 30, 1998."
Computation of Government Contributions to Federal Employees Health Benefits Program for 1990 Through 1993
"(A) shall be deemed to be the subscription charges which were in effect for such plan on the beginning date of the preceding contract year as adjusted under paragraph (2); or
"(B) if subparagraph (A) does not apply, shall be deemed to be—
"(i) the subscription charges which were deemed under this Act to have been in effect for such plan with respect to the preceding contract year as adjusted under paragraph (2), except as provided in clause (ii); or
"(ii) for each of contract years 1997 and 1998, the subscription charges which would be derived by applying the terms of clause (i), reduced by 1 percent.
"(2) The subscription charges under paragraph (1) shall be increased or decreased (as appropriate) by the average percentage by which the respective subscription charges taken into account under paragraphs (1), (3), and (4) of such section 8906(a) for that contract year increased or decreased from the subscription charges taken into account under such paragraphs (1), (3), and (4) for the preceding contract year.
"(b) Separate percentages shall be computed under subsection (a)(2) with respect to enrollments for self alone and enrollments for self and family, respectively.
"(c) The provisions of this Act shall not apply to a contract year (or any period thereafter), if comprehensive reform legislation is enacted to amend
"(d) Any reference in this Act to a 'contract year' shall be considered to be a reference to a contract year under
"(e) No later than 180 days after the date of the enactment of this Act [Aug. 11, 1989], the Director of the Office of Personnel Management shall transmit recommendations to the Congress for comprehensive reform of the Federal Employee Health Benefits Program."
Contributions by United States Postal Service to Employees Health Benefits Fund
Employees Serving on Part-Time Career Employment Basis on October 10, 1978
Calculation and Payment by Government of Contributions to Contingency Reserves of All Health Benefit Plans
Election of Health Benefits During Period of Service as Officer or Employee of an Employee Organization; Contributions Into Employees Health Benefits Fund; Non-Election; Regulations
Election of health benefits within sixty days after July 18, 1966, by certain employees on leave without pay for service as officer or employee of an employee organization, contributions into Fund, effect of non-election of benefits, and regulations, see note set out under
§8906a. Temporary employees
(a)(1) The Office of Personnel Management shall prescribe regulations to provide for offering health benefits plans to temporary employees (who meet the requirements of paragraph (2)) under the provisions of this chapter.
(2) To be eligible to participate in a health benefits plan offered under this section a temporary employee shall have completed 1 year of current continuous employment, excluding any break in service of 5 days or less.
(b) Notwithstanding the provisions of section 8906—
(1) any temporary employee enrolled in a health benefits plan under this section shall have an amount withheld from the pay of such employee, as determined by the Office of Personnel Management, equal to—
(A) the amount withheld from the pay of an employee under the provisions of section 8906; and
(B) the amount of the Government contribution for an employee under section 8906; and
(2) the employing agency of any such temporary employee shall not pay the Government contribution under the provisions of section 8906.
(Added
Statutory Notes and Related Subsidiaries
Effective Date
§8907. Information to individuals eligible to enroll
(a) The Office of Personnel Management shall make available to each individual eligible to enroll in a health benefits plan under this chapter such information, in a form acceptable to the Office after consultation with the carrier, as may be necessary to enable the individual to exercise an informed choice among the types of plans described by
(b) Each enrollee in a health benefits plan shall be issued an appropriate document setting forth or summarizing the—
(1) services or benefits, including maximums, limitations, and exclusions, to which the enrollee or the enrollee and any eligible family members are entitled thereunder;
(2) procedure for obtaining benefits; and
(3) principal provisions of the plan affecting the enrollee and any eligible family members.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Sept. 28, 1959, |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Editorial Notes
Amendments
1985—Subsec. (a).
1984—
Subsec. (a).
Subsec. (b).
Subsec. (b)(1).
Subsec. (b)(3).
1978—Subsec. (a).
Statutory Notes and Related Subsidiaries
Effective Date of 1984 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
§8908. Coverage of restored employees and survivor or disability annuitants
(a) An employee enrolled in a health benefits plan under this chapter who is removed or suspended without pay and later reinstated or restored to duty on the ground that the removal or suspension was unjustified or unwarranted may, at his option, enroll as a new employee or have his coverage restored, with appropriate adjustments made in contributions and claims, to the same extent and effect as though the removal or suspension had not taken place.
(b) A surviving spouse whose survivor annuity under this title was terminated because of remarriage and is later restored may, under such regulations as the Office of Personnel Management may prescribe, enroll in a health benefits plan described by
(c) A disability annuitant whose disability annuity under
(d) A surviving child whose survivor annuity under section 8341(e) or 8443(b) was terminated and is later restored under paragraph (4) of section 8341(e) or the last sentence of section 8443(b) may, under regulations prescribed by the Office, enroll in a health benefits plan described by section 8903 or 8903a if such surviving child was covered by any such plan immediately before such annuity was terminated.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Sept. 28, 1959, |
||
| Mar. 17, 1964, |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Editorial Notes
Amendments
1996—Subsec. (d).
1985—
Subsec. (b).
Subsec. (c).
1978—Subsec. (b).
1976—
Statutory Notes and Related Subsidiaries
Effective Date of 1996 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Effective Date of 1976 Amendment
Insurance Coverage for Restored Disability Annuitants
For provisions directing that subsec. (c) of this section shall apply with respect to any individual whose disability annuity is or was restored under
§8909. Employees Health Benefits Fund
(a) There is in the Treasury of the United States an Employees Health Benefits Fund which is administered by the Office of Personnel Management. The contributions of enrollees and the Government described by
(1) without fiscal year limitation for all payments to approved health benefits plans; and
(2) to pay expenses for administering this chapter within the limitations that may be specified annually by Congress.
Payments from the Fund to a plan participating in a letter-of-credit arrangement under this chapter shall, in connection with any payment or reimbursement to be made by such plan for a health service or supply, be made, to the maximum extent practicable, on a checks-presented basis (as defined under regulations of the Department of the Treasury).
(b) Portions of the contributions made by enrollees and the Government shall be regularly set aside in the Fund as follows:
(1) A percentage, not to exceed 1 percent of all contributions, determined by the Office to be reasonably adequate to pay the administrative expenses made available by subsection (a) of this section.
(2) For each health benefits plan, a percentage, not to exceed 3 percent of the contributions toward the plan, determined by the Office to be reasonably adequate to provide a contingency reserve.
The Office, from time to time and in amounts it considers appropriate, may transfer unused funds for administrative expenses to the contingency reserves of the plans then under contract with the Office. When funds are so transferred, each contingency reserve shall be credited in proportion to the total amount of the subscription charges paid and accrued to the plan for the contract term immediately before the contract term in which the transfer is made. The income derived from dividends, rate adjustments, or other refunds made by a plan shall be credited to its contingency reserve. The contingency reserves may be used to defray increases in future rates, or may be applied to reduce the contributions of enrollees and the Government to, or to increase the benefits provided by, the plan from which the reserves are derived, as the Office from time to time shall determine.
(c) The Secretary of the Treasury may invest and reinvest any of the money in the Fund in interest-bearing obligations of the United States, and may sell these obligations for the purposes of the Fund. The interest on and the proceeds from the sale of these obligations become a part of the Fund.
(d) When the assets, liabilities, and membership of employee organizations sponsoring or underwriting plans approved under
(e)(1) Except as provided by subsection (d) of this section, when a plan described by section 8903(3) or (4) or 8903a of this title is discontinued under this chapter, the contingency reserve of that plan shall be credited to the contingency reserves of the plans continuing under this chapter for the contract term following that in which termination occurs, each reserve to be credited in proportion to the amount of the subscription charges paid and accrued to the plan for the year of termination.
(2) Any crediting required under paragraph (1) pursuant to the discontinuation of any plan under this chapter shall be completed by the end of the second contract year beginning after such plan is so discontinued.
(3) The Office shall prescribe regulations in accordance with which this subsection shall be applied in the case of any plan which is discontinued before being credited with the full amount to which it would otherwise be entitled based on the discontinuation of any other plan.
(f)(1) No tax, fee, or other monetary payment may be imposed, directly or indirectly, on a carrier or an underwriting or plan administration subcontractor of an approved health benefits plan by any State, the District of Columbia, or the Commonwealth of Puerto Rico, or by any political subdivision or other governmental authority thereof, with respect to any payment made from the Fund.
(2) Paragraph (1) shall not be construed to exempt any carrier or underwriting or plan administration subcontractor of an approved health benefits plan from the imposition, payment, or collection of a tax, fee, or other monetary payment on the net income or profit accruing to or realized by such carrier or underwriting or plan administration subcontractor from business conducted under this chapter, if that tax, fee, or payment is applicable to a broad range of business activity.
(g) The fund described in subsection (a) is available to pay costs that the Office incurs for activities associated with implementation of the demonstration project under
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Sept. 28, 1959, |
||
| Mar. 17, 1964, |
||
| Sept. 23, 1959, |
In subsection (a), the words "hereby created" are omitted as executed. The words "hereinafter referred to as the 'Fund' " are omitted as unnecessary. The words "to reimburse the Employees Health Benefits Fund for sums expended by the Commission in administering the provisions of this chapter for the fiscal years 1960 and 1961" in former section 3008(b) are omitted as executed.
In subsection (d), the requirement that the assets and liabilities of plans of organizations that have been merged be transferred at the beginning of the contract term next following the date of the merger or enactment of this subsection is omitted as executed. The next beginning contract term referred to was November 1, 1964, and the transfers have been made. In the last sentence, the word "hereafter" is omitted as unnecessary.
In subsection (e), the word "is" is substituted for "is or has been" as this title is stated prospectively, and any existing rights and duties are preserved by technical section 8.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface of the report.
Editorial Notes
Amendments
1998—Subsec. (e).
Subsec. (g).
1990—Subsec. (a).
Subsec. (f).
1988—Subsec. (d).
1986—Subsec. (b).
1985—Subsec. (d).
Subsec. (e).
1984—Subsecs. (a), (b).
Subsec. (d).
1978—Subsecs. (a), (b).
Statutory Notes and Related Subsidiaries
Effective Date of 1990 Amendment
Amendment by
Effective Date of 1988 Amendment
Amendment by
Effective Date of 1984 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Disposal of Amounts Remaining as of October 19, 1998, in Contingency Reserve of Discontinued Plan
"(A) the deadline set forth in section 8909(e) of such title (as so amended); or
"(B) if later, the end of the 6-month period beginning on such date of enactment."
Amounts To Be Refunded From Carriers' Special Reserves
"(1) The Office of Personnel Management—
"(A) shall determine the minimum level of financial reserves necessary to be held by a carrier for each health benefits plan under
"(B) shall require the carrier to refund to the Employees Health Benefits Fund (described in
"(2) In carrying out its responsibilities under this subsection, the Office shall ensure that the aggregate amount to be refunded to the Employees Health Benefits Fund under this subsection—
"(A) during fiscal year 1986 shall be not less than $800,000,000; and
"(B) during fiscal year 1987 shall be not less than $300,000,000.
"(3) No amount in the Employees Health Benefits Fund may be transferred to the general fund of the Treasury of the United States as a result of a refund made under this subsection.
"(4)(A) Subject to subparagraphs (B) and (C), any amounts refunded to the Employees Health Benefits Fund under this subsection may be used solely for the purpose of paying the Government contribution under
"(B) This paragraph applies to a refund to the extent that such refund represents amounts attributable to Government contributions which were made under
"(C) Any part of the amount in the Employees Health Benefits Fund as a result of a refund made under this subsection may be transferred—
"(i) to the government of the District of Columbia, except that the amount of any such part so transferred shall not exceed the amount attributable to the contributions made by the government of the District of Columbia to subscription charges under this chapter (as determined by the Office of Personnel Management); and
"(ii) to the United States Postal Service, except that the amount of any such part so transferred shall not exceed the amount attributable to the contributions made by the United States Postal Service to subscription charges under this chapter (as determined by the Office).
"(5) The provisions of this subsection shall apply notwithstanding any provision of the Federal Employees Benefits Improvement Act of 1985 [probably means the Federal Employees Benefits Improvement Act of 1986,
Restrictions Relating to Amounts Refunded to Employees Health Benefits Fund From Carriers' Special Reserves
"(a)
"(2) This subsection applies with respect to any refund made by a carrier during fiscal year 1986 or 1987 to the Employees Health Benefits Fund to the extent that such refund represents amounts in excess of the minimum level of financial reserves necessary to be held by such carrier to ensure the stable and efficient operation of its health benefits plan.
"(b)
"(2) This subsection applies with respect to any amounts—
"(A) which are referred to in subsection (a)(2); and
"(B) which are attributable to Government contributions (other than contributions by the government of the District of Columbia, which shall be returned to such government) that were made under
"(c)
"(1) the term 'Employees Health Benefits Fund' refers to the fund described in
"(2) the term 'carrier' has the meaning given such term by section 8901(7) of such title; and
"(3) the term 'health benefits plan' has the meaning given such term by section 8901(6) of such title."
§8909a. Postal Service Retiree Health Benefits Fund
(a) There is in the Treasury of the United States a Postal Service Retiree Health Benefits Fund which is administered by the Office of Personnel Management.
(b) The Fund is available without fiscal year limitation for payments required under section 8906(g)(2)(A).
(c) The Secretary of the Treasury shall immediately invest, in interest-bearing securities of the United States such currently available portions of the Fund as are not immediately required for payments from the Fund. Such investments shall be made in the same manner as investments for the Civil Service Retirement and Disability Fund under section 8348.
(d)(1) Not later than June 30, 2026, and by June 30 of each succeeding year, the Office shall compute, for the most recently concluded fiscal year, the amount (if any) that Government contributions required to be paid from the Fund under section 8906(g)(2)(A) exceeded the estimated net claims costs under the enrollment of the individuals described in section 8906(g)(2)(A).
(2) Not later than September 30 of each year in which the Office makes a computation under paragraph (1), the United States Postal Service shall pay into the Fund the amount (if any) of the excess computed under such paragraph.
(e) Any computation required under
(1) the net present value of the future net claims costs with respect to—
(A) current annuitants of the United States Postal Service as of the end of the fiscal year ending on September 30 of the relevant reporting year; and
(B) current employees of the United States Postal Service who would, as of September 30 of that year—
(i) be eligible to become annuitants pursuant to section 8901(3)(A)(i) or (ii); and
(ii) if they were retired as of that date, meet the criteria for coverage of annuitants under section 8905(b);
(2) economic and actuarial methods and assumptions consistent with the methods and assumptions used in determining the Postal surplus or supplemental liability under section 8348(h); and
(3) any other methods and assumptions, including a health care cost trend rate, that the Director of the Office determines to be appropriate.
(f) After consultation with the United States Postal Service, the Office shall promulgate any regulations the Office determines necessary under this subsection.
(g) For purposes of this section, the term "estimated net claims costs" shall mean the difference between—
(1) the sum of—
(A) the estimated costs incurred by a carrier in providing health services to, paying for health services provided to, or reimbursing expenses for health services provided to, annuitants of the United States Postal Service and any other persons covered under the enrollment of such annuitants; and
(B) an amount of indirect expenses reasonably allocable to the provision, payment, or reimbursement described in subparagraph (A), as determined by the Office; and
(2) the amount withheld from the annuity of or paid by annuitants of the United States Postal Service under section 8906.
(Added
Editorial Notes
Amendments
2022—
Subsecs. (d) to (g).
2011—Subsec. (d)(3)(A)(v).
2009—Subsec. (d)(3)(A)(iii).
Statutory Notes and Related Subsidiaries
Effective Date of 2009 Amendment
Effective Date
Section effective Oct. 1, 2006, see section 805(a) of
Application of Pub. L. 117–108
"(1)
"(2)
[For definition of "Postal Service" as used in section 102(c) of
Review by Postal Regulatory Commission
"(1)
"(A)
"(B)
"(2)
§8910. Studies, reports, and audits
(a) The Office of Personnel Management shall make a continuing study of the operation and administration of this chapter, including surveys and reports on health benefits plans available to employees and on the experience of the plans.
(b) Each contract entered into under
(1) furnish such reasonable reports as the Office determines to be necessary to enable it to carry out its functions under this chapter; and
(2) permit the Office and representatives of the Government Accountability Office to examine records of the carriers as may be necessary to carry out the purposes of this chapter.
(c) Each Government agency shall keep such records, make such certifications, and furnish the Office with such information and reports as may be necessary to enable the Office to carry out its functions under this chapter.
(d) The Office, in consultation with the Department of Health and Human Services, shall develop and implement a system through which the carrier for an approved health benefits plan described by section 8903 or 8903a will be able to identify those annuitants or other individuals covered by such plan who are entitled to benefits under part A or B of title XVIII of the Social Security Act in order to ensure that payments under coordination of benefits with Medicare do not exceed the statutory maximums which physicians may charge Medicare enrollees.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Sept. 28, 1959, |
In subsection (b), the word "agency" is substituted for "department, agency, and independent establishment".
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Editorial Notes
References in Text
The Social Security Act, referred to in subsec. (d), is act Aug. 14, 1935, ch. 531,
Amendments
2004—Subsec. (b)(2).
1990—Subsec. (d).
1978—Subsecs. (a) to (c).
Statutory Notes and Related Subsidiaries
Effective Date of 1990 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
§8911. Advisory committee
The Director of the Office of Personnel Management shall appoint a committee composed of five members, who serve without pay, to advise the Office regarding matters of concern to employees under this chapter. Each member of the committee shall be an employee enrolled under this chapter or an elected official of an employee organization.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Sept. 28, 1959, |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Editorial Notes
Amendments
1978—
Statutory Notes and Related Subsidiaries
Effective Date of 1978 Amendment
Amendment by
Termination of Advisory Committees
Advisory committees in existence on Jan. 5, 1973, to terminate not later than the expiration of the 2-year period following Jan. 5, 1973, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. See
§8912. Jurisdiction of courts
The district courts of the United States have original jurisdiction, concurrent with the United States Court of Federal Claims, of a civil action or claim against the United States founded on this chapter.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Sept. 28, 1959, |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Editorial Notes
Amendments
1992—
1982—
Statutory Notes and Related Subsidiaries
Effective Date of 1992 Amendment
Amendment by
Effective Date of 1982 Amendment
Amendment by
§8913. Regulations
(a) The Office of Personnel Management may prescribe regulations necessary to carry out this chapter.
(b) The regulations of the Office may prescribe the time at which and the manner and conditions under which an employee is eligible to enroll in an approved health benefits plan described by
(1) an employee or group of employees solely on the basis of the hazardous nature of employment;
(2) a teacher in the employ of the Board of Education of the District of Columbia, whose pay is fixed by
(3) an employee who is occupying a position on a part-time career employment basis (as defined in
(4) an employee who is employed on a temporary basis and is eligible under section 8906a(a).
(c) The regulations of the Office shall provide for the beginning and ending dates of coverage of employees, annuitants, members of their families, and former spouses under health benefits plans. The regulations may permit the coverage to continue, exclusive of the temporary extension of coverage described by
(d) The Secretary of Agriculture shall prescribe regulations to effect the application and operation of this chapter to an individual named by
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| (a) | Sept. 28, 1959, |
|
| (b) | Sept. 28, 1959, July 1, 1960, |
|
| Oct. 6, 1964, |
||
| (c) | Sept. 28, 1959, |
|
| (d) | July 1, 1960, |
In subsection (b)(2), the words "
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Editorial Notes
Amendments
1988—Subsec. (b)(4).
1985—Subsec. (b).
1984—Subsec. (c).
1978—Subsecs. (a), (b).
Subsec. (b)(3).
Subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 1988 Amendment
Amendment by
Effective Date of 1984 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
§8914. Effect of other statutes
Any provision of law outside of this chapter which provides coverage or any other benefit under this chapter to any individuals who (based on their being employed by an entity other than the Government) would not otherwise be eligible for any such coverage or benefit shall not apply with respect to any individual appointed, transferred, or otherwise commencing that type of employment on or after October 1, 1988.
(Added
CHAPTER 89A —ENHANCED DENTAL BENEFITS
§8951. Definitions
In this chapter:
(1) The term "employee" means an employee defined under section 8901(1) and an employee of the District of Columbia courts.
(2) The terms "annuitant", "member of family", and "dependent" have the meanings as such terms are defined under paragraphs (3), (5), and (9), respectively, of section 8901.
(3) The term "eligible individual" refers to an individual described in paragraph (1), (2), or (8), without regard to whether the individual is enrolled in a health benefits plan under
(4) The term "Office" means the Office of Personnel Management.
(5) The term "qualified company" means a company (or consortium of companies or an employee organization defined under section 8901(8)) that offers indemnity, preferred provider organization, health maintenance organization, or discount dental programs and if required is licensed to issue applicable coverage in any number of States, taking any subsidiaries of such a company into account (and, in the case of a consortium, considering the member companies and any subsidiaries thereof, collectively).
(6) The term "employee organization" means an association or other organization of employees which is national in scope, or in which membership is open to all employees of a Government agency who are eligible to enroll in a health benefits plan under
(7) The term "State" includes the District of Columbia.
(8) The term "covered TRICARE-eligible individual" means an individual entitled to dental care under
(Added
Editorial Notes
Amendments
2021—Par. (8).
2018—Par. (8).
2016—Par. (3).
Par. (8).
2006—Par. (1).
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Effective Date of 2016 Amendment
Effective Date
§8952. Availability of dental benefits
(a) The Office shall establish and administer a program through which an eligible individual may obtain dental coverage to supplement coverage available through
(b) The Office shall determine, in the exercise of its reasonable discretion, the financial requirements for qualified companies to participate in the program.
(c) Nothing in this chapter shall be construed to prohibit the availability of dental benefits provided by health benefits plans under
(Added
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Dec. 23, 2004, and applicable to contracts that take effect with respect to the calendar year 2006, see section 7 of
§8953. Contracting authority
(a)(1) The Office shall contract with a reasonable number of qualified companies for a policy or policies of benefits described under section 8954 without regard to section 6101(b) to (d) of title 41 or any other statute requiring competitive bidding. An employee organization may contract with a qualified company for the purpose of participating with that qualified company in any contract between the Office and that qualified company.
(2) The Office shall ensure that each resulting contract is awarded on the basis of contractor qualifications, price, and reasonable competition.
(b) Each contract under this section shall contain—
(1) the requirements under section 8902(d), (f), and (i) made applicable to contracts under this section by regulations prescribed by the Office;
(2) the terms of the enrollment period; and
(3) such other terms and conditions as may be mutually agreed to by the Office and the qualified company involved, consistent with the requirements of this chapter and regulations prescribed by the Office.
(c) Nothing in this chapter shall, in the case of an individual electing dental supplemental benefit coverage under this chapter after the expiration of such individual's first opportunity to enroll, preclude the application of waiting periods more stringent than those that would have applied if that opportunity had not yet expired.
(d)(1) Each contract under this chapter shall require the qualified company to agree—
(A) to provide payments or benefits to an eligible individual if such individual is entitled thereto under the terms of the contract; and
(B) with respect to disputes regarding claims for payments or benefits under the terms of the contract—
(i) to establish internal procedures designed to expeditiously resolve such disputes; and
(ii) to establish, for disputes not resolved through procedures under clause (i), procedures for 1 or more alternative means of dispute resolution involving independent third-party review under appropriate circumstances by entities mutually acceptable to the Office and the qualified company.
(2) A determination by a qualified company as to whether or not a particular individual is eligible to obtain coverage under this chapter shall be subject to review only to the extent and in the manner provided in the applicable contract.
(3) For purposes of applying the Contract Disputes Act of 1978 1 to disputes arising under this chapter between a qualified company and the Office—
(A) the agency board having jurisdiction to decide an appeal relative to such a dispute shall be such board of contract appeals as the Director of the Office of Personnel Management shall specify in writing (after appropriate arrangements, as described in section 8(c) 1 of such Act); and
(B) the district courts of the United States shall have original jurisdiction, concurrent with the United States Court of Federal Claims, of any action described in section 10(a)(1) 1 of such Act relative to such a dispute.
(e) Nothing in this section shall be considered to grant authority for the Office or third-party reviewer to change the terms of any contract under this chapter.
(f) Contracts under this chapter shall be for a uniform term of 7 years and may not be renewed automatically.
(Added
Editorial Notes
References in Text
The Contract Disputes Act of 1978, referred to in subsec. (d)(3), is
Amendments
2011—Subsec. (a)(1).
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Dec. 23, 2004, and applicable to contracts that take effect with respect to the calendar year 2006, see section 7 of
1 See References in Text note below.
§8954. Benefits
(a) The Office may prescribe reasonable minimum standards for enhanced dental benefits plans offered under this chapter and for qualified companies offering the plans.
(b) Each contract may include more than 1 level of benefits that shall be made available to all eligible individuals.
(c) The benefits to be provided under enhanced dental benefits plans under this chapter may be of the following types:
(1) Diagnostic.
(2) Preventive.
(3) Emergency care.
(4) Restorative.
(5) Oral and maxillofacial surgery.
(6) Endodontics.
(7) Periodontics.
(8) Prosthodontics.
(9) Orthodontics.
(d) A contract approved under this chapter shall require the qualified company to cover the geographic service delivery area specified by the Office. The Office shall require qualified companies to include dentally underserved areas in their service delivery areas.
(e) If an individual has dental coverage under a health benefits plan under
(Added
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Dec. 23, 2004, and applicable to contracts that take effect with respect to the calendar year 2006, see section 7 of
§8955. Information to individuals eligible to enroll
(a) The qualified companies 1 at the direction and with the approval of the Office, shall make available to each individual eligible to enroll in a dental benefits plan information on services and benefits (including maximums, limitations, and exclusions), that the Office considers necessary to enable the individual to make an informed decision about electing coverage.
(b) The Office shall make available to each individual eligible to enroll in a dental benefits plan, information on services and benefits provided by qualified companies participating under
(Added
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Dec. 23, 2004, and applicable to contracts that take effect with respect to the calendar year 2006, see section 7 of
1 So in original. Probably should be followed by a comma.
§8956. Election of coverage
(a) An eligible individual may enroll in a dental benefits plan for self-only, self plus one, or for self and family. If an eligible individual has a spouse who is also eligible to enroll, either spouse, but not both, may enroll for self plus one or self and family. An individual may not be enrolled both as an employee, annuitant, or other individual eligible to enroll and as a member of the family.
(b) The Office shall prescribe regulations under which—
(1) an eligible individual may enroll in a dental benefits plan; and
(2) an enrolled individual may change the self-only, self plus one, or self and family coverage of that individual.
(c)(1) Regulations under subsection (b) shall permit an eligible individual to cancel or transfer the enrollment of that individual to another dental benefits plan—
(A) before the start of any contract term in which there is a change in rates charged or benefits provided, in which a new plan is offered, or in which an existing plan is terminated; or
(B) during other times and under other circumstances specified by the Office.
(2) A transfer under paragraph (1) shall be subject to waiting periods provided under a new plan.
(d) Coverage under a dental benefits plan under this chapter for any employee or a covered TRICARE-eligible individual enrolled in such a plan and who, as a result of a lapse in appropriations, is furloughed or excepted from furlough and working without pay shall continue during such lapse and may not be cancelled as a result of nonpayment of premiums or other periodic charges due to such lapse.
(Added
Editorial Notes
Amendments
2019—Subsec. (d).
Statutory Notes and Related Subsidiaries
Effective Date of 2019 Amendment
Effective Date
Section effective Dec. 23, 2004, and applicable to contracts that take effect with respect to the calendar year 2006, see section 7 of
Regulations
"(1)
"(2)
§8957. Coverage of restored survivor or disability annuitants
A surviving spouse, disability annuitant, or surviving child whose annuity is terminated and is later restored, may continue enrollment in a dental benefits plan subject to the terms and conditions prescribed in regulations issued by the Office.
(Added
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Dec. 23, 2004, and applicable to contracts that take effect with respect to the calendar year 2006, see section 7 of
§8958. Premiums
(a) Each eligible individual obtaining supplemental dental coverage under this chapter shall be responsible for 100 percent of the premiums for such coverage.
(b) The Office shall prescribe regulations specifying the terms and conditions under which individuals are required to pay the premiums for enrollment.
(c) The amount necessary to pay the premiums for enrollment may—
(1) in the case of an employee, be withheld from the pay of such an employee;
(2) in the case of an annuitant, be withheld from the annuity of such an annuitant;
(3) in the case of a covered TRICARE-eligible individual who receives pay from the Federal Government or an annuity from the Federal Government due to the death of a member of the uniformed services (as defined in
(A) the pay (including retired pay) of such individual; or
(B) the annuity paid to such individual; or
(4) in the case of a covered TRICARE-eligible individual who is not described in paragraph (3), be billed to such individual directly.
(d) All amounts withheld under this section shall be paid directly to the qualified company.
(e) Each participating qualified company shall maintain accounting records that contain such information and reports as the Office may require.
(f)(1) The Employee Health Benefits Fund is available, without fiscal year limitation, for reasonable expenses incurred by the Office in administering this chapter before the first day of the first contract period, including reasonable implementation costs.
(2)(A) There is established in the Employees Health Benefits Fund a Dental Benefits Administrative Account, which shall be available to the Office, without fiscal year limitation, to defray reasonable expenses incurred by the Office in administering this chapter after the start of the first contract year.
(B) A contract under this chapter shall include appropriate provisions under which the qualified company involved shall, during each year, make such periodic contributions to the Dental Benefits Administrative Account as necessary to ensure that the reasonable anticipated expenses of the Office in administering this chapter during such year are defrayed.
(Added
Editorial Notes
Amendments
2016—Subsec. (c)(3), (4).
Statutory Notes and Related Subsidiaries
Effective Date of 2016 Amendment
Amendment by
Effective Date
Section effective Dec. 23, 2004, and applicable to contracts that take effect with respect to the calendar year 2006, see section 7 of
§8959. Preemption
The terms of any contract that relate to the nature, provision, or extent of coverage or benefits (including payments with respect to benefits) shall supersede and preempt any State or local law, or any regulation issued thereunder, which relates to dental benefits, insurance, plans, or contracts.
(Added
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Dec. 23, 2004, and applicable to contracts that take effect with respect to the calendar year 2006, see section 7 of
§8960. Studies, reports, and audits
(a) Each contract shall contain provisions requiring the qualified company to—
(1) furnish such reasonable reports as the Office determines to be necessary to enable it to carry out its functions under this chapter; and
(2) permit the Office and representatives of the Government Accountability Office to examine such records of the qualified company as may be necessary to carry out the purposes of this chapter.
(b) Each Federal agency shall keep such records, make such certifications, and furnish the Office, the qualified company, or both, with such information and reports as the Office may require.
(c) The Office shall conduct periodic reviews of plans under this chapter, including a comparison of the dental benefits available under
(Added
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Dec. 23, 2004, and applicable to contracts that take effect with respect to the calendar year 2006, see section 7 of
§8961. Jurisdiction of courts
The district courts of the United States have original jurisdiction, concurrent with the United States Court of Federal Claims, of a civil action or claim against the United States under this chapter after such administrative remedies as required under section 8953(d) have been exhausted, but only to the extent judicial review is not precluded by any dispute resolution or other remedy under this chapter.
(Added
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Dec. 23, 2004, and applicable to contracts that take effect with respect to the calendar year 2006, see section 7 of
§8962. Administrative functions
(a) The Office shall prescribe regulations to carry out this chapter. The regulations may exclude an employee on the basis of the nature and type of employment or conditions pertaining to it.
(b) The Office shall, as appropriate, provide for coordinated enrollment, promotion, and education efforts as appropriate in consultation with each qualified company. The information under this subsection shall include information relating to the dental benefits available under
(Added
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Dec. 23, 2004, and applicable to contracts that take effect with respect to the calendar year 2006, see section 7 of
CHAPTER 89B —ENHANCED VISION BENEFITS
§8981. Definitions
In this chapter:
(1) The term "employee" means an employee defined under section 8901(1) and an employee of the District of Columbia courts.
(2) The terms "annuitant", "member of family", and "dependent" have the meanings as such terms are defined under paragraphs (3), (5), and (9), respectively, of section 8901.
(3) The term "eligible individual" refers to an individual described in paragraph (1), (2), or (8), without regard to whether the individual is enrolled in a health benefits plan under
(4) The term "Office" means the Office of Personnel Management.
(5) The term "qualified company" means a company (or consortium of companies or an employee organization defined under section 8901(8)) that offers indemnity, preferred provider organization, health maintenance organization, or discount vision programs and if required is licensed to issue applicable coverage in any number of States, taking any subsidiaries of such a company into account (and, in the case of a consortium, considering the member companies and any subsidiaries thereof, collectively).
(6) The term "employee organization" means an association or other organization of employees which is national in scope, or in which membership is open to all employees of a Government agency who are eligible to enroll in a health benefits plan under
(7) The term "State" includes the District of Columbia.
(8)(A) The term "covered TRICARE-eligible individual"—
(i) means an individual entitled to medical care under
(ii) does not include an individual covered under
(B) The Secretary of Defense shall enter into an agreement with the Director of the Office relating to classes of individuals described in subparagraph (A)(i) who should be eligible individuals for purposes of this chapter.
(Added
Editorial Notes
Amendments
2016—Par. (3).
Par. (8).
2006—Par. (1).
Statutory Notes and Related Subsidiaries
Effective Date of 2016 Amendment
Amendment by
Effective Date
Section effective Dec. 23, 2004, and applicable to contracts that take effect with respect to the calendar year 2006, see section 7 of
§8982. Availability of vision benefits
(a) The Office shall establish and administer a program through which an eligible individual may obtain vision coverage to supplement coverage available through
(b) The Office shall determine, in the exercise of its reasonable discretion, the financial requirements for qualified companies to participate in the program.
(c) Nothing in this chapter shall be construed to prohibit the availability of vision benefits provided by health benefits plans under
(Added
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Dec. 23, 2004, and applicable to contracts that take effect with respect to the calendar year 2006, see section 7 of
§8983. Contracting authority
(a)(1) The Office shall contract with a reasonable number of qualified companies for a policy or policies of benefits described under section 8984 without regard to section 6101(b) to (d) of title 41 or any other statute requiring competitive bidding. An employee organization may contract with a qualified company for the purpose of participating with that qualified company in any contract between the Office and that qualified company.
(2) The Office shall ensure that each resulting contract is awarded on the basis of contractor qualifications, price, and reasonable competition.
(b) Each contract under this section shall contain—
(1) the requirements under section 8902(d), (f), and (i) made applicable to contracts under this section by regulations prescribed by the Office;
(2) the terms of the enrollment period; and
(3) such other terms and conditions as may be mutually agreed to by the Office and the qualified company involved, consistent with the requirements of this chapter and regulations prescribed by the Office.
(c) Nothing in this chapter shall, in the case of an individual electing vision supplemental benefit coverage under this chapter after the expiration of such individual's first opportunity to enroll, preclude the application of waiting periods more stringent than those that would have applied if that opportunity had not yet expired.
(d)(1) Each contract under this chapter shall require the qualified company to agree—
(A) to provide payments or benefits to an eligible individual if such individual is entitled thereto under the terms of the contract; and
(B) with respect to disputes regarding claims for payments or benefits under the terms of the contract—
(i) to establish internal procedures designed to expeditiously resolve such disputes; and
(ii) to establish, for disputes not resolved through procedures under clause (i), procedures for 1 or more alternative means of dispute resolution involving independent third-party review under appropriate circumstances by entities mutually acceptable to the Office and the qualified company.
(2) A determination by a qualified company as to whether or not a particular individual is eligible to obtain coverage under this chapter shall be subject to review only to the extent and in the manner provided in the applicable contract.
(3) For purposes of applying the Contract Disputes Act of 1978 1 to disputes arising under this chapter between a qualified company and the Office—
(A) the agency board having jurisdiction to decide an appeal relative to such a dispute shall be such board of contract appeals as the Director of the Office of Personnel Management shall specify in writing (after appropriate arrangements, as described in section 8(c) 1 of such Act); and
(B) the district courts of the United States shall have original jurisdiction, concurrent with the United States Court of Federal Claims, of any action described in section 10(a)(1) 1 of such Act relative to such a dispute.
(e) Nothing in this section shall be considered to grant authority for the Office or third-party reviewer to change the terms of any contract under this chapter.
(f) Contracts under this chapter shall be for a uniform term of 7 years and may not be renewed automatically.
(Added
Editorial Notes
References in Text
The Contract Disputes Act of 1978, referred to in subsec. (d)(3), is
Amendments
2011—Subsec. (a)(1).
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Dec. 23, 2004, and applicable to contracts that take effect with respect to the calendar year 2006, see section 7 of
1 See References in Text note below.
§8984. Benefits
(a) The Office may prescribe reasonable minimum standards for enhanced vision benefits plans offered under this chapter and for qualified companies offering the plans.
(b) Each contract may include more than 1 level of benefits that shall be made available to all eligible individuals.
(c) The benefits to be provided under enhanced vision benefits plans under this chapter may be of the following types:
(1) Diagnostic (to include refractive services).
(2) Preventive.
(3) Eyewear.
(d) A contract approved under this chapter shall require the qualified company to cover the geographic service delivery area specified by the Office. The Office shall require qualified companies to include visually underserved areas in their service delivery areas.
(e) If an individual has vision coverage under a health benefits plan under
(Added
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Dec. 23, 2004, and applicable to contracts that take effect with respect to the calendar year 2006, see section 7 of
§8985. Information to individuals eligible to enroll
(a) The qualified companies at the direction and with the approval of the Office, shall make available to each individual eligible to enroll in a vision benefits plan information on services and benefits (including maximums, limitations, and exclusions), that the Office considers necessary to enable the individual to make an informed decision about electing coverage.
(b) The Office shall make available to each individual eligible to enroll in a vision benefits plan, information on services and benefits provided by qualified companies participating under
(Added
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Dec. 23, 2004, and applicable to contracts that take effect with respect to the calendar year 2006, see section 7 of
§8986. Election of coverage
(a) An eligible individual may enroll in a vision benefits plan for self-only, self plus one, or for self and family. If an eligible individual has a spouse who is also eligible to enroll, either spouse, but not both, may enroll for self plus one or self and family. An individual may not be enrolled both as an employee, annuitant, or other individual eligible to enroll and as a member of the family.
(b) The Office shall prescribe regulations under which—
(1) an eligible individual may enroll in a vision benefits plan; and
(2) an enrolled individual may change the self-only, self plus one, or self and family coverage of that individual.
(c)(1) Regulations under subsection (b) shall permit an eligible individual to cancel or transfer the enrollment of that individual to another vision benefits plan—
(A) before the start of any contract term in which there is a change in rates charged or benefits provided, in which a new plan is offered, or in which an existing plan is terminated; or
(B) during other times and under other circumstances specified by the Office.
(2) A transfer under paragraph (1) shall be subject to waiting periods provided under a new plan.
(d) Coverage under a vision benefits plan under this chapter for any employee or a covered TRICARE-eligible individual enrolled in such a plan and who, as a result of a lapse in appropriations, is furloughed or excepted from furlough and working without pay shall continue during such lapse and may not be cancelled as a result of nonpayment of premiums or other periodic charges due to such lapse.
(Added
Editorial Notes
Amendments
2019—Subsec. (d).
Statutory Notes and Related Subsidiaries
Effective Date of 2019 Amendment
Amendment by
Effective Date
Section effective Dec. 23, 2004, and applicable to contracts that take effect with respect to the calendar year 2006, see section 7 of
§8987. Coverage of restored survivor or disability annuitants
A surviving spouse, disability annuitant, or surviving child whose annuity is terminated and is later restored, may continue enrollment in a vision benefits plan subject to the terms and conditions prescribed in regulations issued by the Office.
(Added
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Dec. 23, 2004, and applicable to contracts that take effect with respect to the calendar year 2006, see section 7 of
§8988. Premiums
(a) Each eligible individual obtaining supplemental vision coverage under this chapter shall be responsible for 100 percent of the premiums for such coverage.
(b) The Office shall prescribe regulations specifying the terms and conditions under which individuals are required to pay the premiums for enrollment.
(c) The amount necessary to pay the premiums for enrollment may—
(1) in the case of an employee, be withheld from the pay of such an employee;
(2) in the case of an annuitant, be withheld from the annuity of such an annuitant;
(3) in the case of a covered TRICARE-eligible individual who receives pay from the Federal Government or an annuity from the Federal Government due to the death of a member of the uniformed services (as defined in
(A) the pay (including retired pay) of such individual; or
(B) the annuity paid to such individual; or
(4) in the case of a covered TRICARE-eligible individual who is not described in paragraph (3), be billed to such individual directly.
(d) All amounts withheld under this section shall be paid directly to the qualified company.
(e) Each participating qualified company shall maintain accounting records that contain such information and reports as the Office may require.
(f)(1) The Employee Health Benefits Fund is available, without fiscal year limitation, for reasonable expenses incurred by the Office in administering this chapter before the first day of the first contract period, including reasonable implementation costs.
(2)(A) There is established in the Employees Health Benefits Fund a Vision Benefits Administrative Account, which shall be available to the Office, without fiscal year limitation, to defray reasonable expenses incurred by the Office in administering this chapter after the start of the first contract year.
(B) A contract under this chapter shall include appropriate provisions under which the qualified company involved shall, during each year, make such periodic contributions to the Vision Benefits Administrative Account as necessary to ensure that the reasonable anticipated expenses of the Office in administering this chapter during such year are defrayed.
(Added
Editorial Notes
Amendments
2016—Subsec. (c)(3), (4).
Statutory Notes and Related Subsidiaries
Effective Date of 2016 Amendment
Amendment by
Effective Date
Section effective Dec. 23, 2004, and applicable to contracts that take effect with respect to the calendar year 2006, see section 7 of
§8989. Preemption
The terms of any contract that relate to the nature, provision, or extent of coverage or benefits (including payments with respect to benefits) shall supersede and preempt any State or local law, or any regulation issued thereunder, which relates to vision benefits, insurance, plans, or contracts.
(Added
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Dec. 23, 2004, and applicable to contracts that take effect with respect to the calendar year 2006, see section 7 of
§8990. Studies, reports, and audits
(a) Each contract shall contain provisions requiring the qualified company to—
(1) furnish such reasonable reports as the Office determines to be necessary to enable it to carry out its functions under this chapter; and
(2) permit the Office and representatives of the Government Accountability Office to examine such records of the qualified company as may be necessary to carry out the purposes of this chapter.
(b) Each Federal agency shall keep such records, make such certifications, and furnish the Office, the qualified company, or both, with such information and reports as the Office may require.
(c) The Office shall conduct periodic reviews of plans under this chapter, including a comparison of the vision benefits available under
(Added
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Dec. 23, 2004, and applicable to contracts that take effect with respect to the calendar year 2006, see section 7 of
§8991. Jurisdiction of courts
The district courts of the United States have original jurisdiction, concurrent with the United States Court of Federal Claims, of a civil action or claim against the United States under this chapter after such administrative remedies as required under section 8983(d) have been exhausted, but only to the extent judicial review is not precluded by any dispute resolution or other remedy under this chapter.
(Added
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Dec. 23, 2004, and applicable to contracts that take effect with respect to the calendar year 2006, see section 7 of
§8992. Administrative functions
(a) The Office shall prescribe regulations to carry out this chapter. The regulations may exclude an employee on the basis of the nature and type of employment or conditions pertaining to it.
(b) The Office shall, as appropriate, provide for coordinated enrollment, promotion, and education efforts as appropriate in consultation with each qualified company. The information under this subsection shall include information relating to the vision benefits available under
(Added
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Dec. 23, 2004, and applicable to contracts that take effect with respect to the calendar year 2006, see section 7 of
CHAPTER 90 —LONG-TERM CARE INSURANCE
§9001. Definitions
For purposes of this chapter:
(1)
(A) an employee as defined by section 8901(1);
(B) an individual described in section 2105(e);
(C) an individual employed by the Tennessee Valley Authority;
(D) an employee of a nonappropriated fund instrumentality of the Department of Defense described in section 2105(c); and
(E) an employee of the District of Columbia courts.
(2)
(A) any individual who would satisfy the requirements of paragraph (3) of section 8901 if, for purposes of such paragraph, the term "employee" were considered to have the meaning given to it under paragraph (1);
(B) any individual who—
(i) satisfies all requirements for title to an annuity under subchapter III of
(ii) is at least 18 years of age; and
(iii) would not (but for this subparagraph) otherwise satisfy the requirements of this paragraph; and
(C) any former employee who, on the basis of his or her service, would meet all requirements for being considered an "annuitant" within the meaning of subchapter III of
(3)
(A) on active duty or full-time National Guard duty for a period of more than 30 days; or
(B) a member of the Selected Reserve.
(4)
(5)
(A) The spouse of an individual described in paragraph (1), (2), (3), or (4).
(B) A parent, stepparent, or parent-in-law of an individual described in paragraph (1) or (3).
(C) A child (including an adopted child, a stepchild, or, to the extent the Office of Personnel Management by regulation provides, a foster child) of an individual described in paragraph (1), (2), (3), or (4), if such child is at least 18 years of age.
(D) An individual having such other relationship to an individual described in paragraph (1), (2), (3), or (4) as the Office may by regulation prescribe.
(6)
(7)
(8)
(9)
(10)
(A) except as otherwise provided in this paragraph, the Secretary of Defense;
(B) with respect to the Coast Guard when it is not operating as a service of the Navy, the Secretary of Homeland Security;
(C) with respect to the commissioned corps of the National Oceanic and Atmospheric Administration, the Secretary of Commerce; and
(D) with respect to the commissioned corps of the Public Health Service, the Secretary of Health and Human Services.
(Added
Editorial Notes
References in Text
Section 7702B of the Internal Revenue Code of 1986, referred to in par. (9), is classified to
Amendments
2006—Par. (1)(E).
Par. (10)(B).
2003—Par. (1).
Par. (2)(A).
Par. (2)(C).
Par. (4).
2002—Par. (1)(D).
2001—Par. (2).
Par. (3)(A).
Statutory Notes and Related Subsidiaries
Effective Date of 2001 Amendment
Effective Date
Short Title
Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see
§9002. Availability of insurance
(a)
(b)
(c)
(1) the only coverage provided is under qualified long-term care insurance contracts; and
(2) each insurance contract under which any such coverage is provided is issued by a qualified carrier.
(d)
(e)
(1)
(2)
(3)
(4)
(5)
(f)
(Added
Editorial Notes
References in Text
Section 7702B(g)(2) of the Internal Revenue Code of 1986, referred to in subsec. (f), is classified to
Amendments
2002—Subsecs. (b) to (f).
§9003. Contracting authority
(a)
(b)
(1)
(A) a detailed statement of the benefits offered (including any maximums, limitations, exclusions, and other definitions of benefits);
(B) the premiums charged (including any limitations or other conditions on their subsequent adjustment);
(C) the terms of the enrollment period; and
(D) such other terms and conditions as may be mutually agreed to by the Office and the carrier involved, consistent with the requirements of this chapter.
(2)
(3)
(c)
(1)
(A) to provide payments or benefits to an eligible individual if such individual is entitled thereto under the terms of the contract; and
(B) with respect to disputes regarding claims for payments or benefits under the terms of the contract—
(i) to establish internal procedures designed to expeditiously resolve such disputes; and
(ii) to establish, for disputes not resolved through procedures under clause (i), procedures for one or more alternative means of dispute resolution involving independent third-party review under appropriate circumstances by entities mutually acceptable to the Office and the carrier.
(2)
(3)
(A) the agency board having jurisdiction to decide an appeal relative to such a dispute shall be such board of contract appeals as the Director of the Office of Personnel Management shall specify in writing; and
(B) the district courts of the United States shall have original jurisdiction, concurrent with the United States Court of Federal Claims, of any action described in
(4)
(d)
(1)
(2)
(A)
(B)
(3)
(4)
(e)
(Added
Editorial Notes
Amendments
2019—Subsec. (e).
2011—Subsec. (a).
Subsec. (c)(3).
Subsec. (c)(3)(A).
Subsec. (c)(3)(B).
Statutory Notes and Related Subsidiaries
Change of Name
Committee on Government Reform of House of Representatives changed to Committee on Oversight and Government Reform of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.
Committee on Governmental Affairs of Senate changed to Committee on Homeland Security and Governmental Affairs of Senate, effective Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth Congress, Oct. 9, 2004.
Effective Date of 2019 Amendment
Amendment by
Regulations
For provisions requiring promulgation of regulations related to payment of unpaid premiums during furlough resulting from a lapse in appropriations, including provision for direct payment to carrier for certain individuals, see section 1111(b) of
§9004. Financing
(a)
(b)
(1)
(A) in the case of an employee, be withheld from the pay of such employee;
(B) in the case of an annuitant, be withheld from the annuity of such annuitant;
(C) in the case of a member of the uniformed services described in section 9001(3), be withheld from the pay of such member; and
(D) in the case of a retired member of the uniformed services described in section 9001(4), be withheld from the retired pay or retainer pay payable to such member.
(2)
(c)
(d)
(e)
(f)
(1)
(A)
(B)
(2)
(A)
(B)
(Added
§9005. Preemption
(a)
(b)
(1)
(2)
(Added
Editorial Notes
Amendments
2001—
Statutory Notes and Related Subsidiaries
Effective Date of 2001 Amendment
Amendment by
§9006. Studies, reports, and audits
(a)
(1) to furnish such reasonable reports as the Office of Personnel Management determines to be necessary to enable it to carry out its functions under this chapter; and
(2) to permit the Office and representatives of the Government Accountability Office to examine such records of the carrier as may be necessary to carry out the purposes of this chapter.
(b)
(c)
(Added
Editorial Notes
Amendments
2004—Subsec. (a)(2).
Subsec. (c).
§9007. Jurisdiction of courts
The district courts of the United States have original jurisdiction of a civil action or claim described in paragraph (1) or (2) of section 9003(c), after such administrative remedies as required under such paragraph (1) or (2) (as applicable) have been exhausted, but only to the extent judicial review is not precluded by any dispute resolution or other remedy under this chapter.
(Added
§9008. Administrative functions
(a)
(b)
(c)
(d)
(1) The principal long-term care benefits and coverage available under this chapter, and how those benefits and coverage compare to the range of long-term care benefits and coverage otherwise generally available.
(2) Representative examples of the cost of long-term care, and the sufficiency of the benefits available under this chapter relative to those costs. The information under this paragraph shall also include—
(A) the projected effect of inflation on the value of those benefits; and
(B) a comparison of the inflation-adjusted value of those benefits to the projected future costs of long-term care.
(3) Any rights individuals under this chapter may have to cancel coverage, and to receive a total or partial refund of premiums. The information under this paragraph shall also include—
(A) the projected number or percentage of individuals likely to fail to maintain their coverage (determined based on lapse rates experienced under similar group long-term care insurance programs and, when available, this chapter); and
(B)(i) a summary description of how and when premiums for long-term care insurance under this chapter may be raised;
(ii) the premium history during the last 10 years for each qualified carrier offering long-term care insurance under this chapter; and
(iii) if cost increases are anticipated, the projected premiums for a typical insured individual at various ages.
(4) The advantages and disadvantages of long-term care insurance generally, relative to other means of accumulating or otherwise acquiring the assets that may be needed to meet the costs of long-term care, such as through tax-qualified retirement programs or other investment vehicles.
(Added
§9009. Cost accounting standards
The cost accounting standards issued pursuant to section 1502(a) and (b) of title 41 shall not apply with respect to a long-term care insurance contract under this chapter.
(Added
Editorial Notes
Amendments
2011—