§8414. Early retirement

(a)(1) A member of the Senior Executive Service who is removed from the Senior Executive Service for failure to be recertified as a senior executive under section 3393a or for less than fully successful executive performance (as determined under subchapter II of chapter 43 of this title) 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) 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) while serving in a geographic area designated by the Director, is separated from the service voluntarily during a period in which (as determined by the Director)-

(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 chapter 53 of this title or comparable provisions);

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) 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.

(Added Pub. L. 99–335, title I, §101(a), June 6, 1986, 100 Stat. 526 ; amended Pub. L. 100–325, §2(m), May 30, 1988, 102 Stat. 583 ; Pub. L. 101–194, title V, §506(b)(9), Nov. 30, 1989, 103 Stat. 1759 ; Pub. L. 105–261, div. A, title XI, §1109(b), Oct. 17, 1998, 112 Stat. 2144 ; Pub. L. 106–58, title VI, §651(b), Sept. 29, 1999, 113 Stat. 480 ; Pub. L. 106–65, div. A, title V, §522(b), Oct. 5, 1999, 113 Stat. 597 .)

Application of Subsection (b)(1)(B)

Pub. L. 105–174, title III, §7001(b), May 1, 1998, 112 Stat. 91 , as amended by Pub. L. 106–58, title VI, §651(a), Sept. 29, 1999, 113 Stat. 480 , provided that, effective May 1, 1998, subsection (b)(1)(B) of this section shall be applied as if it had been amended to read as follows:

(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 separated 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 a major reorganization, a major reduction in force, or a major transfer of function; and

(II) a significant percentage of the employees serving in such agency (or component) will be separated or subject to an immediate reduction in the rate of basic pay (without regard to subchapter VI of chapter 53, or comparable provisions); 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) one or more organizational units;

(II) one or more occupational series or levels;

(III) one or more geographical locations;

(IV) other similar nonpersonal factors the Office determines appropriate; or

(V) any appropriate combination of such factors;

Amendments

1999-Subsec. (b)(1)(B). Pub. L. 106–58 repealed Pub. L. 105–261, §1109(b)(1). See 1998 Amendment note below.

Subsec. (c). Pub. L. 106–65 amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: "A military reserve technician who is separated from technician service, after becoming 50 years of age and completing 25 years of service, by reason of ceasing to satisfy the condition described in section 8401(30)(B) is entitled to an annuity."

Subsec. (d). Pub. L. 106–58 repealed Pub. L. 105–261, §1109(b)(2). See 1998 Amendment note below.

1998-Subsec. (b)(1)(B). Pub. L. 105–261, §1109(b)(1), which directed insertion of "except in the case of an employee described in subsection (d)(1)," after "(B)", was repealed by Pub. L. 106–58.

Subsec. (d). Pub. L. 105–261, §1109(b)(2), which directed addition of subsec. (d), relating to authority of Department of Defense to offer employees voluntary early retirement, was repealed by Pub. L. 106–58.

1989-Subsec. (a)(1). Pub. L. 101–194, §506(b)(9)(A), substituted "for failure to be recertified as a senior executive under section 3393a or for" for "for".

Subsec. (a)(2), (3). Pub. L. 101–194, §506(b)(9)(B), (C), substituted "for failure to be recertified as a senior executive or for" for "for".

1988-Subsec. (a)(3). Pub. L. 100–325 added par. (3).

Effective Date of 1989 Amendment

Amendment by Pub. L. 101–194 effective Jan. 1, 1991, see section 506(d) of Pub. L. 101–194, set out as a note under section 3151 of this title.

Section Referred to in Other Sections

This section is referred to in sections 6302, 8420, 8421, 8421a, 8456, 8462, 8464, 8901 of this title; title 50 section 2053.