Regs

§8338

T IT L E 5— G O V E R N M E N T O R G A N IZ A T IO N A N D E M P L O Y E E S

1982— S ubsec. (d). P ub. L . 97–253, §302(a)(1), (2), substituted ‘‘180 days’’ for ‘‘1 year’’ in provision relating to
restoration of an annuitant to an earning capacity fairly com parable to the current rate of pay of the position
occupied at the tim e of retirem ent, and ‘‘any calendar
year’’ for ‘‘each of 2 succeeding calendar years’’.
S ubsec. (h). P ub. L . 97–253, §302(a)(3), added subsec.
(h).
1980— S ubsec. (a). P ub. L . 96–499 provided that an em ployee w as to be considered disabled only if the em ployee w ere found by the O ffice of P ersonnel M anagem ent to be unable to render useful and efficient service
in the em ployee’s position and w as not qualified for reassignm ent to a vacant position in the agency at the
sam e grade or level and provided that an em ployee in
the P ostal S ervice w as to be considered not qualified
for such reassignm ent if such reassignm ent w ere to a
position in a different craft or w ere inconsistent w ith
the term s of the appropriate collective bargaining
agreem ent.
1978— S ubsecs. (a) to (c). P ub. L . 95–454 substituted
‘‘O ffice of P ersonnel M anagem ent’’ and ‘‘O ffice’’ for
‘‘C ivil S ervice C om m ission’’ and ‘‘C om m ission’’, respectively, w herever appearing.
E F F E C T IV E D A T E O F 2000 A M E N D M E N T
A m endm ent by P ub. L . 106–553 effective on the first
day of the first applicable pay period that begins on
D ec. 21, 2000, and applicable only to an individual w ho
is em ployed as a m em ber of the S uprem e C ourt P olice
after D ec. 21, 2000, see section 1(a)(2) [title III, §308(i),
(j)] of P ub. L . 106–553, set out in a S uprem e C ourt P olice
R etirem ent note under section 8331 of this title.
E F F E C T IV E D A T E O F 1997 A M E N D M E N T
A m endm ent by P ub. L . 105–61 applicable to any annuity com m encing before, on, or after O ct. 10, 1997, and effective w ith regard to any paym ent m ade after the first
m onth follow ing O ct. 10, 1997, see section 516(b) of P ub.
L . 105–61, set out as a note under section 8334 of this
title.
E F F E C T IV E D A T E O F 1988 A M E N D M E N T
S ection 124(c) of P ub. L . 100–238 provided that:
‘‘(1) IN G E N E R A L .— E xcept as provided in paragraph (2),
the am endm ents m ade by this section [enacting section
8464a of this title, am ending this section, renum bering
section 8457 of this title as section 8456, and repealing
form er section 8456 of this title] shall be effective as of
January 1, 1987, and shall apply w ith respect to benefits
payable based on a death or disability occurring on or
after that date.
‘‘(2) E X C E P T IO N .— T he am endm ent m ade by subsection
(a)(1)(A ) [am ending this section] shall tak e effect on
the date of the enactm ent of this A ct [Jan. 8, 1988] and
shall apply w ith respect to benefits payable based on a
death or disability occurring on or after that date.’’

[S ept. 8, 1982]. A ny annuity resulting from such application shall com m ence as of the day after the date such
application is received by the O ffice.’’
E F F E C T IV E D A T E O F 1980 A M E N D M E N T
A m endm ent by P ub. L . 96–499 effective on 90th day
after D ec. 5, 1980, see section 403(c) of P ub. L . 96–499, set
out as a note under section 8331 of this title.
E F F E C T IV E D A T E O F 1978 A M E N D M E N T
A m endm ent by P ub. L . 95–454 effective 90 days after
O ct. 13, 1978, see section 907 of P ub. L . 95–454, set out as
a note under section 1101 of this title.

§8338.D eferred retirem ent
(a) A n em ployee w ho is separated from the
service or transferred to a position in w hich he
does not continue subject to this subchapter
after com pleting 5 years of civilian service is entitled to an annuity beginning at the age of 62
years.
(b) A M em ber w ho, after D ecem ber 31, 1955, is
separated from the service as a M em ber after
com pleting 5 years of civilian service is entitled
to an annuity beginning at the age of 62 years.
A M em ber w ho is separated from the service
after com pleting 10 or m ore years of M em ber
service is entitled to an annuity beginning at
the age of 60 years. A M em ber w ho is separated
from the service after com pleting 20 or m ore
years of service, including 10 or m ore years of
M em ber service, is entitled to a reduced annuity
beginning at the age of 50 years.
(c) A judge of the U nited S tates C ourt of A ppeals for the A rm ed F orces w ho is separated
from the service after com pleting 5 years of civilian service is entitled to an annuity beginning at the age of 62 years. A judge of such court
w ho is separated from the service after com pleting the term of service for w hich he w as appointed is entitled to an annuity. If an annuity
is elected before the judge becom es 60 years of
age, it shall be a reduced annuity.
(d) A n annuity or reduced annuity authorized
by this section is com puted under section 8339 of
this title.
(P ub. L . 89–554, S ept. 6, 1966, 80 S tat. 574; P ub. L .
90–83, §1(77), S ept. 11, 1967, 81 S tat. 214; P ub. L .
98–94, title X II, §1256(d), S ept. 24, 1983, 97 S tat.
702; P ub. L . 103–337, div. A , title IX , §924(d)(1)(A ),
O ct. 5, 1994, 108 S tat. 2832.)
H IS T O R IC A L A N D R E V IS IO N N O T E S
1966 A C T

E F F E C T IV E D A T E O F 1982 A M E N D M E N T
S ection 302(c) of P ub. L . 97–253, as am ended by P ub.
L . 97–346, §3(i), O ct. 15, 1982, 96 S tat. 1649, provided that:
‘‘(1) E xcept as provided in paragraphs (2) and (3), the
am endm ents m ade by subsections (a) and (b) [am ending
this section and section 8347 of this title] shall tak e effective O ctober 1, 1982.
‘‘(2) T he am endm ents m ade by paragraphs (1) and (2)
of subsection (a) [am ending this section] shall tak e effect w ith respect to incom e earned after D ecem ber 31,
1982.
‘‘(3) S ubsection (h) of section 8337 of title 5, U nited
S tates C ode (as added by subsection (a)) shall apply to
any technician (as defined in paragraph (1) of such subsection (h)) w ho is separated from em ploym ent as a
technician on or after O ctober 1, 1982. S uch subsection
(h) shall also apply to any technician separated from
em ploym ent as a technician on or after D ecem ber 31,
1979, and before O ctober 1, 1982, if application therefor
is m ade to the O ffice of P ersonnel M anagem ent w ithin
12 m onths after the date of the enactm ent of this A ct

P age 822

D erivation

R evised Statutes and
Statutes at L arge

U .S. C ode

.................. 5 U .S .C . 2258.

July 31, 1956, ch. 804, §401
‘‘S ec. 8’’, 70 S tat. 751.
July 7, 1960, P ub. L . 86–604,
§1(c), 74 S tat. 358.
July 12, 1960, P ub. L . 86–622,
§2(a), 74 S tat. 410.

In subsection (b), the w ords ‘‘after D ecem ber 31, 1955’’
are substituted for ‘‘on or after January 1, 1956’’. T he
w ord ‘‘hereafter’’ is om itted as unnecessary.
S tandard changes are m ade to conform w ith the definitions applicable and the style of this title as outlined
in the preface to the report.
1967 A C T
T his section am ends 5 U .S .C . 8338(a) for consistency
w ithin the subchapter and to reflect that it is the indi-

P age 823

T IT L E 5— G O V E R N M E N T O R G A N IZ A T IO N A N D E M P L O Y E E S

vidual, rather than the position, that is subject to the
subchapter.
A M EN D M EN TS
1994— S ubsec. (c). P ub. L . 103–337 substituted ‘‘C ourt
of A ppeals for the A rm ed F orces’’ for ‘‘C ourt of M ilitary A ppeals’’.
1983— S ubsecs. (c), (d). P ub. L . 98–94 added subsec. (c),
and redesignated form er subsec. (c) as (d).
S A V IN G S P R O V IS IO N S D E F E R R E D A N N U IT IE S U N D E R
L A W S R E P E A L E D B Y P U B . L . 90–83
P ub. L . 90–83, §10(a), S ept. 11, 1967, 81 S tat. 222, provided that: ‘‘T he right to a deferred annuity on satisfaction of the conditions attached thereto is continued
notw ithstanding the repeal by this A ct of the law conferring the right.’’

§8339.C om putation of annuity
(a) E xcept as otherw ise provided by this section, the annuity of an em ployee retiring under
this subchapter is—
(1) 11⁄2 percent of his average pay m ultiplied
by so m uch of his total service as does not exceed 5 years; plus
(2) 13⁄4 percent of his average pay m ultiplied
by so m uch of his total service as exceeds 5
years but does not exceed 10 years; plus
(3) 2 percent of his average pay m ultiplied by
so m uch of his total service as exceeds 10
years.
H ow ever, w hen 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 com bination
thereof.
(b) T he annuity of a C ongressional em ployee,
or form er C ongressional em ployee, retiring
under this subchapter is com puted under subsection (a) of this section, except, if he has had—
(1) at least 5 years’ service as a C ongressional em ployee or M em ber or any com bination thereof; and
(2) deductions w ithheld from his pay or has
m ade deposit covering his last 5 years of civilian service;
his annuity is com puted w ith respect to his service as a C ongressional em ployee, his m ilitary
service not exceeding 5 years, and any M em ber
service, by m ultiplying 21⁄2 percent of his average pay by the years of that service.
(c) T he annuity of a M em ber, or form er M em ber w ith title to M em ber annuity, retiring under
this subchapter is com puted under subsection
(a) of this section, except, if he has had at least
5 years’ service as a M em ber or C ongressional
em ployee or any com bination thereof, his annuity is com puted w ith respect to—
(1) his service as a M em ber and so m uch of
his m ilitary service as is creditable for the
purpose of this paragraph; and
(2) his C ongressional em ployee service;
by m ultiplying 21⁄2 percent of his average pay by
the years of that service.
(d)(1) T he annuity of an em ployee retiring
under section 8335(b) or 8336(c) of this title is—
(A ) 21⁄2 percent of his average pay m ultiplied
by so m uch of his total service as does not exceed 20 years; plus
(B ) 2 percent of his average pay m ultiplied
by so m uch of his total service as exceeds 20
years.

§8339

(2) T he annuity of an em ployee retiring under
this subchapter w ho w as em ployed by the P anam a C anal C om pany or C anal Z one G overnm ent
on S eptem ber 30, 1979, is com puted w ith respect
to the period of continuous P anam a C anal service from that date, disregarding any break in
service of not m ore than 3 days, by adding—
(A ) 21⁄2 percent of the em ployee’s average
pay m ultiplied by so m uch of that service as
does not exceed 20 years; plus
(B ) 2 percent of the em ployee’s average pay
m ultiplied by so m uch of that service as exceeds 20 years.
(3) T he annuity of an em ployee retiring under
this subchapter w ho is em ployed by the P anam a
C anal C om m ission at any tim e during the period
beginning O ctober 1, 1990, and ending D ecem ber
31, 1999, is com puted, w ith respect to any period
of service w ith the P anam a C anal C om m ission,
by adding—
(A ) 21⁄2 percent of the em ployee’s average
pay m ultiplied by so m uch of that service as
does not exceed 20 years; plus
(B ) 2 percent of the em ployee’s average pay
m ultiplied by so m uch of that service as exceeds 20 years.
(4)(A ) In the case of an em ployee w ho has service as a law enforcem ent officer or firefighter to
w hich paragraph (2) of this subsection applies,
the annuity of that em ployee is increased by $8
for each full m onth of that service w hich is perform ed in the R epublic of P anam a.
(B ) In the case of an em ployee retiring under
this subchapter w ho—
(i) w as em ployed as a law enforcem ent officer or firefighter by the P anam a C anal C om pany or C anal Z one G overnm ent at any tim e
during the period beginning M arch 31, 1979,
and ending S eptem ber 30, 1979; and
(ii) does not m eet the age and service requirem ents of section 8336(c) of this title;
the annuity of that em ployee is increased by $12
for each full m onth of that service w hich occurred before O ctober 1, 1979.
(C ) A n annuity increase under this paragraph
does not apply w ith respect to service perform ed
after com pletion of 20 years of service (or any
com bination of service) as a law enforcem ent officer or firefighter.
(5) F or the purpose of this subsection—
(A ) ‘‘P anam a C anal service’’ m eans—
(i) service as an em ployee of the P anam a
C anal C om m ission; or
(ii) service at a perm anent duty station in
the C anal Z one or R epublic of P anam a as an
em ployee of an E xecutive agency conducting
operations in the C anal Z one or R epublic of
P anam a; and
(B ) ‘‘E xecutive agency’’ includes the S m ithsonian Institution.
(6) T he annuity of an em ployee retiring under
section 8336(j) of this title is com puted under
subsection (a) of this section, except that w ith
respect to service on or after D ecem ber 21, 1972,
the em ployee’s annuity is—
(A ) 21⁄2 percent of the em ployee’s average
pay m ultiplied by so m uch of the em ployee’s
service on or after that date as does not exceed 20 years; plus

§ 831.407

5 C FR C h.I(1–1–14 Edition)

C ode, is entitled to paym ent of the balance, if any, on the death of—
(1) A n em ployee or M em ber;
(2) A separated em ployee or M em ber
w ho has not retired;
(3) A retiree, unless a survivor benefit is payable based on an election
under §831.407; or
(4) A person receiving a survivor annuity based on voluntary contributions.
§831.407 P urchase of additional annuity.
(a) A t the tim e of retirem ent C S R S
(or under F E R S , if transferred from
C S R S ), a person m ay use the balance of
a voluntary contribution account to
purchase one of the follow ing types of
additional annuity:
(1) A nnuity w ithout survivor benefit;
or
(2) R educed annuity payable during
the life of the em ployee or M em ber
w ith one-half of the reduced annuity to
be payable after his or her death to a
person, nam ed at tim e of retirem ent,
during the life of the nam ed person.
(b) A ny natural person m ay be designated as survivor under paragraph
(a)(2) of this section.
(c) If the applicant for retirem ent
elects an annuity w ithout survivor
benefit, each $100 credited to his or her
voluntary contribution account, including interest, purchases an additional annuity at the rate of $7 per
year, plus 20 cents for each full year, if
any, he or she is over age 55 at date of
retirem ent.
(d) If the applicant for retirem ent
elects an annuity w ith survivor benefit, each $100 credited to his or her
voluntary contribution account, including interest, purchases an additional annuity at the rate of $7 per
year, plus 20 cents for each full year, if
any, he or she is over age 55 at date of
retirem ent, m ultiplied by the follow ing
percentage:
(1) N inety percent of such am ount if
the nam ed person is the sam e age or
older than the applicant for retirem ent, or is less than 5 years younger
than the applicant for retirem ent;
(2) E ighty-five percent if the nam ed
person is 5 but less than 10 years
younger;

(3) E ighty percent if the nam ed person is 10 but less than 15 years younger;
(4) S eventy-five percent if the nam ed
person is 15 but less than 20 years
younger;
(5) S eventy percent if the nam ed person is 20 but less than 25 years younger;
(6) S ixty-five percent if the nam ed
person is 25 but less than 30 years
younger; and
(7) S ixty percent if the nam ed person
is 30 or m ore years younger.

SubpartE— Eligibility for
Retirem ent
§831.501 T im e for filing applications.
E m ployees or M em bers w ho are eligible for retirem ent m ust file a retirem ent application w ith their agency.
F orm er em ployees or M em bers w ho are
eligible for retirem ent m ust file a retirem ent application w ith O P M . T he
application should not be filed m ore
than 60 days before becom ing eligible
for benefits. If the application is for
disability retirem ent, the applicant
and the em ploying agency should refer
to subpart L of this part.
[58 F R 49179, S ept. 22, 1993]

§831.502 A utom atic
em ption.

separation;

(a) W hen an em ployee m eets the requirem ents for age retirem ent on any
day w ithin a m onth, he is subject to
autom atic separation at the end of
that m onth. T he departm ent or agency
shall notify the em ployee of the autom atic separation at least 60 days in advance of the separation. If the departm ent or agency fails through error to
give tim ely notice, the em ployee m ay
not be separated w ithout his consent
until the end of the m onth in w hich the
notice expires.
(b) T he head of the agency, w hen in
his or her judgm ent the public interest
so requires, m ay exem pt a law enforcem ent officer, firefighter, nuclear m aterials courier, or custom s and border
protection officer from autom atic separation until that em ployee becom es 60
years of age.
(c) T he S ecretary of T ransportation
and the S ecretary of D efense, under

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