Reemployment of Annuitants - 5 CFR Section 837.103

§ 837.103

5 CFR Ch. I (1–1–12 Edition)

Member retirement as specified at sections 8336(g), 8337(a), 8338(b), 8412, 8413,
and 8451(b) of title 5, United States
Code, and who has filed claim therefor.
Suspension, in regard to payment of
annuity, means that payment of annuity stops but annuitant status continues.
Termination in regard to payment of
annuity, means that both payment of
annuity and annuitant status cease.
[58 FR 48266, Sept. 15, 1993, as amended at 62
FR 50996, Sept. 30, 1997; 64 FR 15288, Mar. 31,
1999]

§ 837.103 Notice.
(a) To OPM. On or before the date a
reemployed annuitant is appointed, the
appointing agency must notify OPM in
writing of the appointment, and provide OPM with the following information—
(1) The annuitant’s name, date of
birth, social security number (if applicable), and retirement claim number;
(2) A description of the kind of appointment;
(3) Whether the amount of annuity
allocable to the period of reemployment is, or will be, withheld from the
reemployed annuitant’s pay, in accordance with § 837.303 of this part; and
(4) When the appointment is an interim appointment under § 772.102 of
this chapter, an explicit statement
that the appointment is required by
the Whistleblower Protection Act of
1989.
(b) To annuitant. The agency should
advise the annuitant in writing, generally, of the effect reemployment has
on annuitant status and/or the continued receipt of annuity, the possible, future retirement benefits that may be
payable to an annuitant on the basis of
reemployment, and, for CSRS annuitants, whether the annuitant may
elect to have retirement deductions
withheld from his or her basic pay.
(c) Obligation of annuitant to provide
information. Before appointment, and as
a condition of reemployment, the annuitant must provide the employing
agency with the following information—
(1) Whether the annuitant is then in
receipt of annuity;
(2) The gross monthly amount of annuity the annuitant is then receiving;

(3) Whether the annuitant is a disability annuitant, and if so, whether
OPM has found the annuitant recovered from his or her disability, or restored to earning capacity; and.
(4) If the annuitant is a CSRS annuitant, whether the annuitant’s retirement was based on an involuntary separation, not for charges of misconduct
or delinquency.
§ 837.104 Reemployment of former employees of nonappropriated fund instrumentalities.
A former employee of a nonappropriated fund instrumentality who
has made an election of retirement
coverage under part 847 of this chapter
will continue to be covered under the
elected retirement system for all periods of service as a reemployed annuitant.
[61 FR 41720, Aug. 9, 1996]

Subpart B—Annuitant and
Employee Status
§ 837.201

Annuitant status.

Unless his or her annuity is terminated under the provisions of § 837.202
or § 837.403 of this part, an annuitant
continues to be an annuitant throughout the period of reemployment,
whether or not he or she continues to
receive annuity payments during the
period of reemployment.
§ 837.202 Annuities that terminate on
reemployment.
(a) FERS annuitants. (1) The annuity
of a FERS annuitant who is a disability annuitant whom OPM has found
recovered or restored to earning capacity prior to reemployment terminates
on reemployment.
(2) The annuity of a FERS annuitant
who is a former military reserve technician awarded a disability retirement
annuity under 5 U.S.C. 8456, in addition
to being subject to paragraph (a)(1) of
this section, shall terminate on the
date the annuitant declines an offer of
employment with a department or
agency, where the employment is in
the same commuting area and of the
same grade as, or a level equivalent to,
the position from which the annuitant
retired.

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TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

§ 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 section 5551 of this title.
The amounts so deducted shall be deposited in
the Treasury of the United States to the credit
of the Fund. If the annuitant serves on a fulltime basis, except as President, for at least 1
year, or on a part-time basis for periods equivalent to at least 1 year of full-time service, in employment not excluding him from coverage
under section 8331(1)(i) or (ii) of this title—
(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 section 8339(k)(2)
of this title, the increase in annuity payable
under subparagraph (A) of this subsection is reduced by 10 percent and the survivor annuity
payable under section 8341(b) of this title is increased by 55 percent of the increase in annuity
payable under such subparagraph (A), unless, at
the time of claiming the increase payable under
such subparagraph (A), the annuitant notifies
the Office of Personnel Management in writing
that he does not desire the survivor annuity to
be increased. If the annuitant dies while still reemployed, the survivor annuity payable is increased as though the reemployment had otherwise terminated. If the described employment of
the annuitant continues for at least 5 years, or
the equivalent of 5 years in the case of part-time
employment, he may elect, instead of the benefit provided by subparagraph (A) of this subsection, to deposit in the Fund (to the extent deposits or deductions have not otherwise been
made) an amount computed under section 8334(c)
of this title covering that employment and have
his rights redetermined under this subchapter. If
the annuitant dies while still reemployed and

§ 8344

the described employment had continued for at
least 5 years, or the equivalent of 5 years in the
case of part-time employment, the person entitled to survivor annuity under section 8341(b) of
this title may elect to deposit in the Fund and
have his rights redetermined under this subchapter.
(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
section 8340 of this title occurring after the termination and before the commencement of the
redetermined annuity.
(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 section 8340 of this title during the period of the
employment if the annuity had been payable
during that period, except that—
(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 lumpsum leave payment purposes under section
5551 of this title; and

§ 8344

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

(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 section 8331(2) of this title, his service as Member
during that period shall be credited in determining his right to and the amount of later
annuity.
(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 section 451 of title 28, annuity payments are discontinued during such
employment and are resumed in the same
amount upon resignation or retirement from
regular active service as such a justice or judge.
(g) A former employee or a former Member
who becomes employed as a justice or judge of
the United States, as defined by section 451 of
title 28, may, at any time prior to resignation or
retirement from regular active service as such a
justice or judge, apply for and be paid, in accordance with section 8342(a) of this title, the
amount (if any) by which the lump-sum credit
exceeds the total annuity paid, notwithstanding
the time limitation contained in such section
for filing an application for payment.
(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 section 5532(f)(2) of this title (as in effect before the repeal of that section by section 651(a)
of Public Law 106–65) or any portion thereof,
under the administrative authority of the Administrator, Federal Aviation Administration,
or the Secretary of Defense to perform duties in
the operation of the air traffic control system or
to train other individuals to perform such duties: Provided, however, That the amount such an
annuitant may receive in pay, excluding premium pay, in any pay period when aggregated
with the annuity payable during that same period shall not exceed the rate payable for level
V of the Executive Schedule.
(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

Page 850

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 section 451 of
title 28.
(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 section 5531 of
this title.
(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;

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TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

(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 (Public Law 111–5) or the
Troubled Asset Relief Program under title I of
the Emergency Economic Stabilization Act of
2008 (12 U.S.C. 5211 et seq.);
(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.

§ 8344

(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.

(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.

(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 5 years
after the date of enactment of the National Defense Authorization Act for Fiscal Year 2010.
(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 chapter 84 of this title.

(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 fulltime 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.

(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 581; Pub. L.
90–83, § 1(83), Sept. 11, 1967, 81 Stat. 217; Pub. L.
91–375, § 6(c)(20), Aug. 12, 1970, 84 Stat. 776; Pub.
L. 91–658, § 4, Jan. 8, 1971, 84 Stat. 1962; Pub. L.
92–297, § 7(5), May 16, 1972, 86 Stat. 145; Pub. L.
94–397, § 1(a)–(c), Sept. 3, 1976, 90 Stat. 1202, 1303;
Pub. L. 95–454, title IX, § 906(a)(14), Oct. 13, 1978,
92 Stat. 1226; Pub. L. 95–598, title III, § 338(d),
Nov. 6, 1978, 92 Stat. 2681; Pub. L. 96–179, § 4, Jan.
2, 1980, 93 Stat. 1299; Pub. L. 96–504, § 1, Dec. 5,
1980, 94 Stat. 2741; Pub. L. 97–141, § 5(a), Dec. 29,
1981, 95 Stat. 1719; Pub. L. 97–276, § 151(g), Oct. 2,
1982, 96 Stat. 1202; Pub. L. 97–346, § 3(j)(2), Oct. 15,
1982, 96 Stat. 1649; Pub. L. 98–353, title I, § 112,
July 10, 1984, 98 Stat. 343; Pub. L. 98–396, title I,
Aug. 22, 1984, 98 Stat. 1403; Pub. L. 98–525, title
XV, § 1537(e), Oct. 19, 1984, 98 Stat. 2636; Pub. L.
99–88, title I, § 100, Aug. 15, 1985, 99 Stat. 351; Pub.
L. 99–500, § 101(l), Oct. 18, 1986, 100 Stat. 1783–308,
and Pub. L. 99–591, § 101(l), Oct. 30, 1986, 100 Stat.

§ 8344

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

3341–308; Pub. L. 100–202, §§ 101(l) [title I], 106,
Dec. 22, 1987, 101 Stat. 1329–358, 1329–362, 1329–433;
Pub. L. 100–457, title I, Sept. 30, 1988, 102 Stat.
2129; Pub. L. 101–428, § 2(d)(8), Oct. 15, 1990, 104
Stat. 929; Pub. L. 101–509, title V, § 529 [title I,
§ 108(b)], Nov. 5, 1990, 104 Stat. 1427, 1450; Pub. L.
101–510, div. A, title XII, § 1206(j)(2), Nov. 5, 1990,
104 Stat. 1664; Pub. L. 102–190, div. A, title VI,
§ 655(b), Dec. 5, 1991, 105 Stat. 1391; Pub. L.
102–378, § 8(a), Oct. 2, 1992, 106 Stat. 1359; Pub. L.
105–55, title I, § 107, Oct. 7, 1997, 111 Stat. 1184;
Pub. L. 105–61, title V, § 516(a)(6), Oct. 10, 1997, 111
Stat. 1306; Pub. L. 106–398, § 1 [[div. A], title X,
§ 1087(f)(5)], Oct. 30, 2000, 114 Stat. 1654, 1654A–293;
Pub. L. 106–553, § 1(a)(2) [title III, § 308(h)(8)], Dec.
21, 2000, 114 Stat. 2762, 2762A–89; Pub. L. 108–271,
§ 8(b), July 7, 2004, 118 Stat. 814; Pub. L. 111–84,
div. A, title XI, § 1122(a), Oct. 28, 2009, 123 Stat.
2505; Pub. L. 111–383, div. A, title X, § 1075(a)(1),
Jan. 7, 2011, 124 Stat. 4368.)
HISTORICAL AND REVISION NOTES
1966 ACT
Derivation
..................

U.S. Code
5 U.S.C. 2263 (less
(a)).

Revised Statutes and
Statutes at Large
July 31, 1956, ch. 804, § 401
‘‘Sec. 13 (less (a))’’, 70
Stat. 757.
July 7, 1960, Pub. L. 86–604,
§ 1(f), 74 Stat. 358.
July 12, 1960, Pub. L. 86–622,
§ 3(a), 74 Stat. 410.
Oct. 4, 1961, Pub. L. 87–350,
§ 5, 75 Stat. 771.

In subsections (a) and (b), the words ‘‘except for
lump-sum leave payment purposes under section 61b of
this title’’ are omitted as unnecessary as section 5551(a)
provides that a ‘‘lump-sum leave payment is considered
pay for taxation purposes only’’.
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, 70 Stat. 761. In
paragraph (2), the words ‘‘other than an automatic separation’’ are substituted for ‘‘excluding a separation
under the automatic separation provisions of this chapter’’. In the third sentence, the words ‘‘and this provision concerning the lump-sum leave payments shall
also be effective in the case of each retired employee
separated from reemployment after December 15, 1953,
and before the effective date of the Civil Service Retirement Act Amendments of 1956’’ are omitted as executed, and any existing rights are preserved by technical section 8. In the fourth sentence, the words ‘‘except as President’’ are added to preserve the exception
stated in former section 2252(b). In the penultimate sentence, the words ‘‘after October 3, 1961’’ are substituted
for ‘‘on or after October 4, 1961’’. In the last sentence,
the words ‘‘in any manner’’ are omitted as unnecessary.
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.

Page 852

1967 ACT
Section of
title 5
8344(a) .......

Source (U.S. Code)
5 App.: 2263(b) (last
sentence).

Source (Statutes at Large)
Mar. 30, 1966, Pub. L. 89–378,
§ 1, 80 Stat. 93.

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 5 U.S.C. 8344 by Public Law
89–554, the words ‘‘except for lump-sum leave payment
purposes under section 61b of this title’’ were omitted
from the third sentence of subsection (a) and from subsection (b)(2)(C) on the basis that they were unnecessary since former 5 U.S.C. 61b [now codified as 5 U.S.C.
5551(a)] provided that a lump-sum leave payment was
considered pay for taxation purposes only. This amendment restores to 5 U.S.C. 8344 the language that was so
omitted to conform to the source statute (section 13 of
the Civil Service Retirement Act, as amended) and in
recognition that the language was expressly placed in
the source statute to overcome certain decisions of the
Comptroller General of the United States (see 28 Comp.
Gen. 294; 33 id. 591, and 36 id. 209).
REFERENCES IN TEXT
Level V of the Executive Schedule, referred to in subsec. (h)(1), is set out in section 5316 of this title.
The American Recovery and Reinvestment Act of
2009, referred to in subsec. (l)(2)(B), is Pub. L. 111–5,
Feb. 17, 2009, 123 Stat. 115. For complete classification
of this Act to the Code, see Short Title of 2009 Amendment note set out under section 1 of Title 26, Internal
Revenue Code, and Tables.
The Emergency Economic Stabilization Act of 2008,
referred to in subsec. (l)(2)(B), is div. A of Pub. L.
110–343, Oct. 3, 2008, 122 Stat. 3765. Title I of the Act is
classified principally to subchapter I (§ 5211 et seq.) of
chapter 52 of Title 12, Banks and Banking. For complete classification of this Act to the Code, see Short
Title note set out under section 5201 of Title 12 and
Tables.
The date of enactment of the National Defense Authorization Act for Fiscal Year 2010, referred to in subsec. (l)(7), is the date of enactment of Pub. L. 111–84,
which was approved Oct. 28, 2009.
CODIFICATION
Amendment of subsec. (h)(2) by Pub. L. 99–500 and
99–591 is based on provisions under the subheading
‘‘Federal Aviation Administration, Operations’’, in
title I of H.R. 5205 (Department of Transportation and
Related Agencies Appropriations Act, 1987), as incorporated by reference by section 101(l) of Pub. L. 99–500
and 99–591, and enacted into law by section 106 of Pub.
L. 100–202.
Pub. L. 99–591 is a corrected version of Pub. L. 99–500.
AMENDMENTS
2011—Subsec. (l)(2)(B). Pub. L. 111–383 substituted
‘‘5211 et seq.’’ for ‘‘5201 et seq.’’
2009—Subsec. (l). Pub. L. 111–84, § 1122(a)(1), (2), added
subsec. (l). Former subsec. (l) redesignated (m).
Subsec. (m). Pub. L. 111–84, § 1122(a)(1), redesignated
subsec. (l) as (m).
Subsec. (m)(1). Pub. L. 111–84, § 1122(a)(3)(A), substituted ‘‘(l)’’ for ‘‘(k)’’.
Subsec. (m)(2). Pub. L. 111–84, § 1122(a)(3)(B), substituted ‘‘(k), or (l)’’ for ‘‘or (k)’’.
2004—Subsec. (l)(1). Pub. L. 108–271 substituted ‘‘Government Accountability Office’’ for ‘‘General Accounting Office’’.
2000—Subsec. (a)(A). Pub. L. 106–553 substituted ‘‘(q),
(r), and (s)’’ for ‘‘(q), and (r)’’.
Subsec. (h)(1). Pub. L. 106–398 inserted ‘‘(as in effect
before the repeal of that section by section 651(a) of
Public Law 106–65)’’ after ‘‘section 5532(f)(2) of this
title’’.

Page 853

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

1997—Subsec. (a)(A). Pub. L. 105–61 substituted ‘‘(q),
and (r)’’ for ‘‘and (q) of this title’’.
Subsec. (k)(2)(B), (3). Pub. L. 105–55 substituted ‘‘the
Committee on House Oversight of the House of Representatives’’ for ‘‘the Speaker of the House of Representatives’’.
1992—Subsec. (i). Pub. L. 102–378 repealed Pub. L.
101–510, § 1206(j)(2). See 1990 Amendment note below.
1991—Subsec. (i)(3). Pub. L. 102–190, § 655(b)(2), struck
out par. (3) which read as follows: ‘‘An employee to
whom a waiver under subparagraph (A) or (B) of paragraph (1) applies shall not be deemed an employee for
the purposes of this chapter or chapter 84 while such
waiver is in effect.’’
Subsecs. (j) to (l). Pub. L. 102–190, § 655(b)(1), added
subsecs. (j) to (l).
1990—Subsec. (a)(A). Pub. L. 101–428 substituted ‘‘(i),
(n), and (q)’’ for ‘‘(i), and (n)’’.
Subsec. (i). Pub. L. 101–510, § 1206(j)(2), added a subsec.
(i) identical to that added by Pub. L. 101–509, see below.
Pub. L. 102–378, § 8(a), repealed Pub. L. 101–510,
§ 1206(j)(2), and provided that this title shall read as if
such section 1206(j)(2) had not been enacted.
Pub. L. 101–509 added subsec. (i).
1988—Subsec. (h)(2). Pub. L. 100–457 substituted ‘‘1987’’
for ‘‘1986’’.
1987—Subsec. (h)(2). Pub. L. 100–202, § 101(l) [title I],
substituted ‘‘December 31, 1986’’ for ‘‘April 1, 1986’’.
For amendment by section 106 of Pub. L. 100–202, see
1986 Amendment note below.
1986—Subsec. (h)(2). Pub. L. 99–500 and Pub. L. 99–591,
§ 101(l), as enacted by Pub. L. 100–202, § 106, substituted
‘‘April 1, 1986’’ for ‘‘April 1, 1985’’. See Codification note
above.
1985—Subsec. (h)(1). Pub. L. 99–88 inserted proviso directing that the amount an annuitant may receive in
pay, excluding premium pay, in any pay period when
aggregated with the annuity payable during that same
period shall not exceed the rate payable for level V of
the Executive Schedule.
Subsec. (h)(2). Pub. L. 99–88 substituted ‘‘April 1,
1985’’ for ‘‘August 3, 1981’’.
1984—Subsec. (a)(A). Pub. L. 98–353 substituted ‘‘and
(n)’’ for ‘‘and (o)’’.
Subsec. (d). Pub. L. 98–396 substituted ‘‘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 section 8340 of this title during the period of the
employment if the annuity had been payable during
that period’’ for ‘‘in the same amount on termination
of the employment’’.
Subsec. (h)(1). Pub. L. 98–525 inserted ‘‘or the Secretary of Defense’’.
1982—Subsec. (a). Pub. L. 97–346 inserted ‘‘unless the
individual elects to have such deductions withheld
under subparagraph (A)’’ and ‘‘(to the extent deposits
or deductions have not otherwise been made)’’.
Subsec. (a)(4)(A). Pub. L. 97–346 inserted ‘‘deductions
for the Fund may be withheld from his pay (if the employee so elects)’’.
Subsec. (h). Pub. L. 97–276 added subsec. (h).
1981—Subsec. (c). Pub. L. 97–141 inserted provision
that 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 section
8340 of this title occurring after the termination and
before the commencement of the redetermined annuity.
1980—Subsec. (c). Pub. L. 96–179 inserted ‘‘or is elected
as a Member,’’ after ‘‘subject to this subchapter,’’.
Subsecs. (f), (g). Pub. L. 96–504 added subsecs. (f) and
(g).
1978—Subsec. (a). Pub. L. 95–598 inserted reference to
subsec. (o) of section 8339 of this title in par. (A).
Pub. L. 95–454 substituted ‘‘Office of Personnel Management’’ for ‘‘Commission’’ in provisions following
par. (B).

§ 8344

1976—Subsec. (a). Pub. L. 94–397, § 1(a), inserted provisions requiring applicability to annuitants whose annuity is terminated under subsecs. (b) and (c) of this section, authorizing deducted amounts to be deposited in
the Treasury to the credit of the Fund, and covering
described employment continuing for the equivalent of
five years in the case of part-time employment, and
struck out provisions requiring employment after Sept.
30, 1956, or service on July 31, 1956, for application of
coverage, and redetermination rights for an annuitant
whose annuity is based on involuntary separation from
the service and who is separated after July 11, 1960 for
full-time employment began before Oct. 1, 1956.
Subsecs. (b), (c). Pub. L. 94–397, § 1(b), added subsecs.
(b) and (c). Former subsecs. (b) and (c) redesignated (d)
and (e), respectively.
Subsec. (d). Pub. L. 94–397, § 1(b), (c), redesignated
former subsec. (b) as (d) and struck out prohibition of
application of subsec. to a Member appointed by the
President to a position not requiring confirmation by
the Senate.
Subsec. (e). Pub. L. 94–397, § 1(b), redesignated former
subsec. (c) as (e).
1972—Subsec. (a). Pub. L. 92–297 substituted ‘‘section
8339(a), (b), (d), (e), (h), and (i)’’ for ‘‘section 8339(a), (b),
(d), (g), and (h)’’, in subpar. (A), and ‘‘section 8339(j) or
section 8339(k)(2)’’ for ‘‘section 8339(i) or section
8339(j)(2)’’, in sentence following cl. (ii).
1971—Subsec. (a). Pub. L. 91–658 substituted provisions respecting reemployed annuitants and reduction
in their annuity and increase in survivor annuity, notice to Commission of a desire not to increase the survivor annuity, increase in survivor annuity where annuitant dies while still reemployed, and redetermination of rights to survivor annuity where reemployment
continued for five or more years upon election to deposit in the Fund, for prior provision that employment
of an annuitant did not create an annuity for or affect
the annuity of a survivor.
1970—Subsec. (c). Pub. L. 91–375 added subsec. (c).
CHANGE OF NAME
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 2000 AMENDMENT
Amendment by Pub. L. 106–553 effective on the first
day of the first applicable pay period that begins on
Dec. 21, 2000, and applicable only to an individual who
is employed as a member of the Supreme Court Police
after Dec. 21, 2000, see section 1(a)(2) [title III, § 308(i),
(j)] of Pub. L. 106–553, set out in a Supreme Court Police
Retirement note under section 8331 of this title.
EFFECTIVE DATE OF 1997 AMENDMENT
Amendment by Pub. L. 105–61 applicable to any annuity commencing before, on, or after Oct. 10, 1997, and effective with regard to any payment made after the first
month following Oct. 10, 1997, see section 516(b) of Pub.
L. 105–61, set out as a note under section 8334 of this
title.
EFFECTIVE DATE OF 1992 AMENDMENT
Amendment by Pub. L. 102–378 effective Nov. 5, 1990,
see section 9(b)(6) of Pub. L. 102–378, set out as a note
under section 6303 of this title.
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by Pub. L. 101–509 effective on such date
as the President shall determine, but not earlier than
90 days, and not later than 180 days, after Nov. 5, 1990,
see section 529 [title III, § 305] of Pub. L. 101–509, set out
as an Effective Date of 1990 Amendment note under section 5301 of this title.
EFFECTIVE DATE OF 1986 AMENDMENT
Section 106 of Pub. L. 100–202 provided that the
amendment by Pub. L. 99–500 and 99–591 is effective on

§ 8344

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

date of enactment [Oct. 18, 1986] of the ‘‘pertinent joint
resolution’’ making continuing appropriations for fiscal year 1987 [Pub. L. 99–500 and 99–591].
EFFECTIVE DATE OF 1984 AMENDMENTS
Amendment by Pub. L. 98–525 effective Oct. 1, 1984,
see section 1537(f) of Pub. L. 98–525, set out as a note
under section 4109 of this title.
Amendment by Pub. L. 98–353 effective July 10, 1984,
see section 122(a) of Pub. L. 98–353, set out as an Effective Date note under section 151 of Title 28, Judiciary
and Judicial Procedure.
EFFECTIVE DATE OF 1982 AMENDMENT
Amendment by Pub. L. 97–276 effective at 5 o’clock
ante meridian eastern daylight time, Aug. 3, 1981, see
section 151(h)(1) of Pub. L. 97–276, set out as an Effective Date note under section 5546a of this title.
EFFECTIVE DATE OF 1981 AMENDMENT
Section 5(b) of Pub. L. 97–141 provided that:
‘‘(1) Subject to paragraph (2), the amendment made
by subsection (a) [amending this section] shall apply to
individuals whose annuities terminate under section
8344(c) of title 5, United States Code, on or after October 1, 1976.
‘‘(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
Section 6 of Pub. L. 96–504 provided that:
‘‘(a) The provisions of this Act [amending this section, repealing section 375 of Title 28, Judiciary and Judicial Procedure, and enacting provisions set out as
notes under sections 8342 of this title and section 376 of
Title 28] shall take effect on—
‘‘(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 section 8344 of
title 5, United States Code, as added by the first section
of this Act, shall apply only to an individual who becomes employed as a justice or judge of the United
States on or after the effective date of this Act. The
provisions of subsection (g) of such section, as added by
the first section of this Act, shall apply to an individual employed as a justice or judge of the United States
on the effective date of this Act and to an individual
appointed as such a justice or judge on or after such effective date.’’
EFFECTIVE DATE OF 1978 AMENDMENTS
Amendment by Pub. L. 95–598 effective Nov. 6, 1978,
see section 402(d) of Pub. L. 95–598, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy.
Amendment by Pub. L. 95–454 effective 90 days after
Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as
a note under section 1101 of this title.
EFFECTIVE DATE OF 1976 AMENDMENT
Section 2 of Pub. L. 94–397 provided that:
‘‘(a) Except as provided under subsection (b) of this
section, the amendments made by this Act [amending
this section and section 8339 of this title] shall become
effective on the date of the enactment of this Act
[Sept. 3, 1976] or October 1, 1976, whichever is later, and
shall apply to annuitants serving in appointive or elective positions on and after such date.
‘‘(b) The amendment made by subsection (c) of the
first section of this Act [amending this section] shall

Page 854

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 Pub. L. 92–297 effective on 90th day
after May 16, 1972, see section 10 of Pub. L. 92–297, set
out as an Effective Date note under section 3381 of this
title.
EFFECTIVE DATE OF 1971 AMENDMENT
Section 5(d) of Pub. L. 91–658 provided that: ‘‘The
amendment made by section 4 of this Act [amending
this section] shall apply only with respect to a reemployed annuitant whose employment terminates on or
after the date of enactment of this Act [Jan. 8, 1971].’’
EFFECTIVE DATE OF 1970 AMENDMENT
Amendment by Pub. L. 91–375 effective within 1 year
after Aug. 12, 1970, on date established therefor by
Board of Governors of United States Postal Service and
published by it in Federal Register, see section 15(a) of
Pub. L. 91–375, set out as an Effective Date note preceding section 101 of Title 39, Postal Service.
EFFECTIVE DATE OF 1967 AMENDMENT
Amendment by section 1(83)(A), (D) of Pub. L. 90–83
effective as of Sept. 6, 1966, for all purposes, see section
9(h) of Pub. L. 90–83, set out as a note under section 5102
of this title.
ELIMINATION OF DUPLICATIVE AMENDMENTS
Pub. L. 102–378, § 8(a), Oct. 2, 1992, 106 Stat. 1359, provided that: ‘‘Subsections (i) and (j) of section 1206 of the
Defense Acquisition Workforce Improvement Act, as
contained in the National Defense Authorization Act
for Fiscal Year 1991 (Public Law 101–510; 104 Stat. 1662,
1663) [enacting section 5380 of this title, amending this
section and sections 5532 and 8468 of this title, and enacting provisions set out as notes under sections 5532
and 5380 of this title], are repealed, and title 5, United
States Code, shall read as if such subsections had not
been enacted.’’
CONSTRUCTION OF 2009 AMENDMENT
Pub. L. 111–84, div. A, title XI, § 1122(c), Oct. 28, 2009,
123 Stat. 2509, provided that: ‘‘Nothing in the amendments made by this section [amending this section,
section 8468 of this title, and section 1005 of Title 39,
Postal Service] may be construed to authorize the
waiver of the hiring preferences under chapter 33 of
title 5, United States Code in selecting annuitants to
employ in an appointive or elective position.’’
ANNUAL REPORT TO CONGRESS
Pub. L. 102–190, div. A, title VI, § 655(d), Dec. 5, 1991,
105 Stat. 1393, provided that:
‘‘(1) For the purpose of this subsection, the term
‘agency in the legislative branch’ has the meaning
given such term by section 5531(4) of title 5, United
States Code, as amended by subsection (a).
‘‘(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 sections 5531, 5532, and 8468 of this title] was used by such
agency during the period covered by such report.
‘‘(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.’’

Page 855

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

COMMISSION ON THE OPERATION OF THE SENATE
Pub. L. 94–252, Mar. 30, 1976, 90 Stat. 294, provided
that: ‘‘On and after the date of the enactment of the
joint resolution [Mar. 30, 1976], the provisions of section
8344 of title 5, United States Code, shall not apply to
any individual serving as a member of the 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
section 8337 of this title due to a disability;
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) Payment due a minor, or an individual
mentally incompetent or under other legal disability, may be made to the person 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 who, in the judgment of the Office, is responsible for the care of
the claimant, and the payment bars recovery by
any other person.
[(f) Repealed. Pub. L. 99–251, title III, § 305(a),
Feb. 27, 1986, 100 Stat. 26.]
(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

§ 8345

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, firstserved 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,

Page 949

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

(c) Payment due a minor, or an individual
mentally incompetent or under other legal disability, may be made to the person 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 who, in the judgment of the Office, is responsible for the care of
the claimant, and the payment bars recovery by
any other person.
(Added Pub. L. 99–335, title I, § 101(a), June 6,
1986, 100 Stat. 575.)
§ 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, firstserved 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 Pub. L. 99–335, title I, § 101(a), June 6,
1986, 100 Stat. 575; amended Pub. L. 103–358,
§ 2(b)(1)–(3), Oct. 14, 1994, 108 Stat. 3421.)

§ 8468

AMENDMENTS
1994—Subsec. (a). Pub. L. 103–358, § 2(b)(1), amended
subsec. (a) generally. Prior to amendment, subsec. (a)
read as follows: ‘‘Payments under this chapter which
would otherwise be made to an employee, Member, or
annuitant (including an employee, Member, or annuitant as defined under section 8331) based on the 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 that 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 expressly provide. Any payment under this
subsection to a person bars recovery by any other person.’’
Subsec. (b). Pub. L. 103–358, § 2(b)(2), inserted ‘‘other
legal process,’’ after ‘‘order,’’.
Subsec. (c). Pub. L. 103–358, § 2(b)(3), added subsec. (c).
EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by Pub. L. 103–358 effective Oct. 14, 1994,
and applicable with respect to any decree, order, or
other legal process, or notice of agreement received by
Office of Personnel Management or Executive Director
of Federal Retirement Thrift Investment Board on or
after Oct. 14, 1994, see section 3 of Pub. L. 103–358, set
out as a note under section 8345 of this title.

§ 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
section 451 of title 28) or as an employee subject
to another retirement system for Government
employees, or unless the annuitant is serving as
President, deductions for the Fund shall be
withheld from the annuitant’s pay under section
8422(a) and contributions under section 8423 shall
be made. The deductions and contributions referred to in the preceding provisions of this subsection shall be deposited in the Treasury of the
United States to the credit of the Fund. The annuitant’s lump-sum credit may not be reduced
by annuity paid during the reemployment.
(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 (h) 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 claim-

§ 8468

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

ing 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 fulltime 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 parttime 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
section 451 of title 28, the annuitant may, at any
time prior to resignation or retirement from
regular active service as such a justice or judge,
apply for and be paid, in accordance with section
8424(a), the amount (if any) by which the lumpsum credit exceeds the total annuity paid, notwithstanding the time limitation contained in
such section for filing an application for payment.
(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
1 So

in original. Probably should be ‘‘part-time’’.

Page 950

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 section 451 of
title 28.
(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 section 5531 of
this title.
(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;

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TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

(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.

§ 8468

(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.

(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 (Public Law 111–5) or the
Troubled Asset Relief Program under title I of
the Emergency Economic Stabilization Act of
2008 (12 U.S.C. 5201 et seq.);
(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.

(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).

(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.

(7) The authority of the head of an agency
under this subsection to waive the application of
subsection (a) shall terminate 5 years after the
date of enactment of the National Defense Authorization Act for Fiscal Year 2010.
(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 chapter 83 of this title.

(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 fulltime 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.

(Added Pub. L. 99–335, title I, § 101(a), June 6,
1986, 100 Stat. 576; amended Pub. L. 100–238, title
I, § 134(a), Jan. 8, 1988, 101 Stat. 1762; Pub. L.
101–509, title V, § 529 [title I, § 108(c)], Nov. 5, 1990,
104 Stat. 1427, 1450; Pub. L. 101–510, div. A, title
XII, § 1206(j)(3), Nov. 5, 1990, 104 Stat. 1664; Pub.
L. 102–190, div. A, title VI, § 655(c), Dec. 5, 1991,
105 Stat. 1392; Pub. L. 102–378, § 8(a), Oct. 2, 1992,
106 Stat. 1359; Pub. L. 105–55, title I, § 107, Oct. 7,
1997, 111 Stat. 1184; Pub. L. 105–61, title V,
§ 516(a)(9), Oct. 10, 1997, 111 Stat. 1307; Pub. L.
108–176, title II, § 226(b)(2)(C), Dec. 12, 2003, 117
Stat. 2530; Pub. L. 108–271, § 8(b), July 7, 2004, 118
Stat. 814; Pub. L. 111–84, div. A, title XI, § 1122(b),
Oct. 28, 2009, 123 Stat. 2507.)
REFERENCES IN TEXT
The American Recovery and Reinvestment Act of
2009, referred to in subsec. (i)(2)(B), is Pub. L. 111–5,
Feb. 17, 2009, 123 Stat. 115. For complete classification

§ 8469

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

of this Act to the Code, see Short Title of 2009 Amendment note set out under section 1 of Title 26, Internal
Revenue Code, and Tables.
The Emergency Economic Stabilization Act of 2008,
referred to in subsec. (i)(2)(B), is div. A of Pub. L.
110–343, Oct. 3, 2008, 122 Stat. 3765. Title I of the Act is
classified principally to subchapter I (§ 5211 et seq.) of
chapter 52 of Title 12, Banks and Banking. For complete classification of this Act to the Code, see Short
Title note set out under section 5201 of Title 12 and
Tables.
The date of enactment of the National Defense Authorization Act for Fiscal Year 2010, referred to in subsec. (i)(7), is the date of enactment of Pub. L. 111–84,
which was approved Oct. 28, 2009.
AMENDMENTS
2009—Subsec. (i). Pub. L. 111–84, § 1122(b)(2), added subsec. (i). Former subsec. (i) redesignated (j).
Subsec. (j). Pub. L. 111–84, § 1122(b)(1), redesignated
subsec. (i) as (j).
Subsec. (j)(1). Pub. L. 111–84, § 1122(b)(3)(A), substituted ‘‘(i)’’ for ‘‘(h)’’.
Subsec. (j)(2). Pub. L. 111–84, § 1122(b)(3)(B), substituted ‘‘(h), or (i)’’ for ‘‘or (h)’’.
2004—Subsec. (i)(1). Pub. L. 108–271 substituted ‘‘Government Accountability Office’’ for ‘‘General Accounting Office’’.
2003—Subsec. (b)(1)(A). Pub. L. 108–176 substituted
‘‘through (h)’’ for ‘‘through (g)’’.
1997—Subsec. (b)(1)(A). Pub. L. 105–61 substituted
‘‘through (g)’’ for ‘‘through (f)’’.
Subsec. (h)(2)(B), (3). Pub. L. 105–55 substituted ‘‘the
Committee on House Oversight of the House of Representatives’’ for ‘‘the Speaker of the House of Representatives’’.
1992—Subsec. (f). Pub. L. 102–378 repealed Pub. L.
101–510, § 1206(j)(3). See 1990 Amendment note below.
1991—Subsec. (f)(3). Pub. L. 102–190, § 655(c)(2), struck
out par. (3) which read as follows: ‘‘An employee to
whom a waiver under subparagraph (A) or (B) of paragraph (1) applies shall not be deemed an employee for
the purposes of chapter 83 or this chapter while such
waiver is in effect.’’
Subsecs. (g) to (i). Pub. L. 102–190, § 655(c)(1), added
subsecs. (g) to (i).
1990—Subsec. (f). Pub. L. 101–510, § 1206(j)(3), added a
subsec. (f) identical to that added by Pub. L. 101–509,
see below. Pub. L. 102–378, § 8(a), repealed Pub. L.
101–510, § 1206(j)(3), and provided that this title shall
read as if section 1206(j)(3) had not been enacted.
Pub. L. 101–509 added subsec. (f).
1988—Pub. L. 100–238 amended section generally, substituting subsecs. (a) to (e) for former subsecs. (a) to
(c).
CHANGE OF NAME
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 2003 AMENDMENT
Amendment by Pub. L. 108–176 effective on 60th day
after Dec. 12, 2003, and applicable with respect to any
annuity entitlement based on an individual’s separation from service occurring on or after such effective
date, and any service performed by any such individual
before, on, or after such effective date, subject to special rule relating to deposit requirement, see section
226(c) of Pub. L. 108–176, set out as a note under section
8401 of this title.
EFFECTIVE DATE OF 1997 AMENDMENT
Amendment by Pub. L. 105–61 applicable to any annuity commencing before, on, or after Oct. 10, 1997, and effective with regard to any payment made after the first
month following Oct. 10, 1997, see section 516(b) of Pub.
L. 105–61, set out as a note under section 8334 of this
title.

Page 952

EFFECTIVE DATE OF 1992 AMENDMENT
Amendment by Pub. L. 102–378 effective Nov. 5, 1990,
see section 9(b)(6) of Pub. L. 102–378, set out as a note
under section 6303 of this title.
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by Pub. L. 101–509 effective on such date
as the President shall determine, but not earlier than
90 days, and not later than 180 days, after Nov. 5, 1990,
see section 529 [title III, § 305] of Pub. L. 101–509, set out
as an Effective Date of 1990 Amendment note under section 5301 of this title.
EFFECTIVE DATE OF 1988 AMENDMENT
Section 134(d) of Pub. L. 100–238 provided that:
‘‘(1) GENERALLY.—The amendments made by this section [amending this section and provisions set out as
notes under section 8331 of this title] shall take effect
on the date of the enactment of this Act [Jan. 8, 1988],
and as provided in paragraph (2), shall apply with respect to any individual who becomes a reemployed annuitant on or after such date.
‘‘(2) EXCEPTION.—The amendment made by subsection
(b) [amending provisions set out as a note under section
8331 of this title] shall apply with respect to any election made by a reemployed annuitant on or after the
date of the enactment of this Act [Jan. 8, 1988].’’
CONSTRUCTION OF 2009 AMENDMENT
Nothing in amendment by section 1122 of Pub. L.
111–84 to be construed to authorize the waiver of the
hiring preferences under chapter 33 of this title in selecting annuitants to employ in an appointive or elective position, see section 1122(c) of Pub. L. 111–84, set
out as a note under section 8344 of this title.
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 Pub. L. 102–190 was used by
such agency during the period covered by such report,
see section 655(d) of Pub. L. 102–190, set out as a note
under section 8344 of this title.

§ 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

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TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

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 Pub. L. 99–335, title I, § 101(a), June 6,
1986, 100 Stat. 576.)
§ 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 Pub. L. 99–335, title I, § 101(a), June 6,
1986, 100 Stat. 577.)
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 section 8473 of this title;
(3) the term ‘‘participant’’ means an individual for whom an account has been established
under section 8439 of this title;
(4) the term ‘‘person’’ means an individual,
partnership, joint venture, corporation, mutual company, joint-stock company, trust, es-

§ 8472

tate, unincorporated organization, association, or labor organization; and
(5) the term ‘‘Thrift Savings Fund’’ means
the Thrift Savings Fund established under section 8437 of this title.
(Added Pub. L. 99–335, title I, § 101(a), June 6,
1986, 100 Stat. 577.)
EFFECTIVE DATE
Subchapter VII effective June 6, 1986, see section
702(b)(1) of Pub. L. 99–335, set out as a note under section 8401 of this title.

§ 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—