Regulations

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,

§ 8345

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

whether or not that abuse is accompanied by
other actionable wrongdoing, such as sexual
exploitation or gross negligence; and
(C) the term ‘‘child’’ means an individual
under 18 years of age.
(k)(1) The Office shall, in accordance with this
subsection, enter into an agreement with any
State within 120 days of a request for agreement
from the proper State official. The agreement
shall provide that the Office shall withhold
State income tax in the case of the monthly annuity of any annuitant who voluntarily requests, in writing, such withholding. The
amounts withheld during any calendar quarter
shall be held in the Fund and disbursed to the
States during the month following that calendar
quarter.
(2) An annuitant may have in effect at any
time only one request for withholding under this
subsection, and an annuitant may not have
more than two such requests in effect during
any one calendar year.
(3) Subject to paragraph (2) of this subsection,
an annuitant may change the State designated
by that annuitant for purposes of having withholdings made, and may request that the withholdings be remitted in accordance with such
change. An annuitant also may revoke any request of that annuitant for withholding. Any
change in the State designated or revocation is
effective on the first day of the month after the
month in which the request or the revocation is
processed by the Office, but in no event later
than on the first day of the second month beginning after the day on which such request or revocation is received by the Office.
(4) This subsection does not give the consent
of the United States to the application of a statute which imposes more burdensome requirements on the United States than on employers
generally, or which subjects the United States
or any annuitant to a penalty or liability because of this subsection. The Office may not accept pay from a State for services performed in
withholding State income taxes from annuities.
Any amount erroneously withheld from an annuity and paid to a State by the Office shall be
repaid by the State in accordance with regulations issued by the Office.
(5) For the purpose of this subsection, ‘‘State’’
means a State, the District of Columbia, or any
territory or possession of the United States.
(l) Transfers of contributions and deposits authorized by section 408(a)(3) of the Foreign Service Act of 1980 shall be deemed to be a complete
and final payment of benefits under this chapter.
(Pub. L. 89–544, Sept. 6, 1966, 80 Stat. 582; Pub. L.
93–273, § 1, Apr. 26, 1974, 88 Stat. 93; Pub. L. 94–126,
§ 1(c), Nov. 12, 1975, 89 Stat. 679; Pub. L. 94–166,
§ 1, Dec. 23, 1975, 89 Stat. 1002; Pub. L. 94–183, § 1,
Dec. 31, 1975, 89 Stat. 1057; Pub. L. 95–366, § 1(a),
Sept. 15, 1978, 92 Stat. 600; Pub. L. 95–454, title
IX, § 906(a)(2), (3), Oct. 13, 1978, 92 Stat. 1224; Pub.
L. 97–35, title XVII, § 1705(a), Aug. 13, 1981, 95
Stat. 758; Pub. L. 97–253, title III, §§ 304(b), 305(a),
Sept. 8, 1982, 96 Stat. 795; Pub. L. 98–615, § 2(6),
Nov. 8, 1984, 98 Stat. 3202; Pub. L. 99–251, title III,
§ 305(a), Feb. 27, 1986, 100 Stat. 26; Pub. L. 101–246,
title I, § 141(b), Feb. 16, 1990, 104 Stat. 35; Pub. L.
103–358, § 2(a), Oct. 14, 1994, 108 Stat. 3420.)

Page 856

HISTORICAL AND REVISION NOTES
Derivation
..................

Revised Statutes and
Statutes at Large

U.S. Code
5 U.S.C. 2264.

July 31, 1956, ch. 804, § 401
‘‘Sec. 14’’, 70 Stat. 757.
Sept. 6, 1960, Pub. L. 86–713,
§ 1(b), 74 Stat. 814.

In subsection (b), the second sentence of former section 2264(b) is omitted as included in the second sentence of the revised subsection. The words ‘‘after September 5, 1960’’ are substituted for ‘‘on or after September 6, 1960’’.
In subsection (c), the first sentence of former section
2264(c) is omitted as covered by the remainder of the
subsection. The words ‘‘on or after September 6, 1960’’
are omitted as obsolete.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined
in the preface to the report.
REFERENCES IN TEXT
Section 408(a)(3) of the Foreign Service Act of 1980,
referred to in subsec. (l), is classified to section
3968(a)(3) of Title 22, Foreign Relations and Intercourse.
AMENDMENTS
1994—Subsec. (j)(1). Pub. L. 103–358, § 2(a)(1), amended
par. (1) generally. Prior to amendment, par. (1) read as
follows: ‘‘Payments under this subchapter which would
otherwise be made to an employee, Member, or annuitant based upon his service shall be paid (in whole or
in part) by the Office to another person if and to the extent expressly provided for in the terms of any court
decree of divorce, annulment, or legal separation, or
the terms of any court order or court-approved property settlement agreement incident to any court decree
of divorce, annulment, or legal separation. Any payment under this paragraph to a person bars recovery by
any other person.’’
Subsec. (j)(2). Pub. L. 103–358, § 2(a)(2), inserted ‘‘other
legal process,’’ after ‘‘order,’’.
Subsec. (j)(3). Pub. L. 103–358, § 2(a)(3), amended par.
(3) generally. Prior to amendment, par. (3) read as follows: ‘‘As used in this subsection, ‘court’ means any
court of any State, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, or the Virgin Islands, and any Indian
court.’’
1990—Subsec. (l). Pub. L. 101–246 added subsec. (l).
1986—Subsec. (f). Pub. L. 99–251 struck out subsec. (f)
which provided minimum monthly rates of annuity
payable under subsec. (a) with certain exceptions.
1984—Subsec. (f)(4). Pub. L. 98–615, § 2(6)(A), added par.
(4).
Subsec. (j)(3). Pub. L. 98–615, § 2(6)(B), inserted reference to the Commonwealth of Puerto Rico, Guam,
the Northern Mariana Islands, the Virgin Islands, and
any Indian court.
1982—Subsec. (a). Pub. L. 97–253, § 304(b), substituted
‘‘rounded to the next lowest’’ for ‘‘fixed at the nearest’’.
Subsec. (b). Pub. L. 97–253, § 305(a), substituted provisions that an annuity of an employee or Member commences on the first day of the month after separation
from service or pay ceases and the service and age requirements for title to annuity are met, that any other
annuity payable from the Fund commences on the first
day of the month after the occurrence of the event on
which the payment thereof is based, and that the annuity of an employee involuntarily separated from service
or of an employee or Member retiring 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 for provisions that the annuity of an employee
or Member would commence on the day after he was
separated from the service, or on the day after his pay

Page 857

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

ceased and he met the service and the age or disability
requirements for title to annuity and that an annuity
payable from the Fund allowed after September 5, 1960,
would commence on the day after the occurrence of the
event on which payment thereof was based.
1981—Subsec. (k). Pub. L. 97–35 added subsec. (k).
1978—Subsecs. (d), (e). Pub. L. 95–454, § 906(a)(2), (3),
substituted ‘‘Office of Personnel Management’’ for
‘‘Civil Service Commission’’ and ‘‘Office’’ for ‘‘Commission’’.
Subsec. (g). Pub. L. 95–454, § 906(a)(3), substituted ‘‘Office’’ for ‘‘Commission’’ in the subsec. (g) added by Pub.
L. 94–126.
Pub. L. 95–366 redesignated as subsec. (h) the subsec.
(g) added by Pub. L. 94–166.
Subsec. (h). Pub. L. 95–454, § 906(a)(2), substituted ‘‘Office of Personnel Management’’ for ‘‘Civil Service Commission’’.
Pub. L. 95–366 redesignated former subsec. (g), added
by Pub. L. 94–166, as (h). Former subsec. (h) redesignated (i).
Subsec. (i). Pub. L. 95–454, § 906(a)(2), substituted ‘‘Office of Personnel Management’’ for ‘‘Civil Service Commission’’ wherever appearing.
Pub. L. 95–366 redesignated former subsec. (h) as (i).
Subsec. (j). Pub. L. 95–454, § 906(a)(3), substituted ‘‘Office’’ for ‘‘Commission’’ wherever appearing.
Pub. L. 95–366 added subsec. (j).
1975—Subsec. (g). Pub. L. 94–166 added subsec. (g) authorizing allotment or assignment of amounts from annuities.
Pub. L. 94–126 added subsec. (g) relating to the crediting of National Guard technician service in connection
with civil service retirement.
Subsec. (h). Pub. L. 94–183 added subsec. (h).
1974—Subsec. (f). Pub. L. 93–273 added subsec. (f).
EFFECTIVE DATE OF 1994 AMENDMENT
Section 3 of Pub. L. 103–358 provided that: ‘‘The
amendments made by this Act [amending this section
and sections 8437 and 8467 of this title] shall take effect
on the date of enactment of this Act [Oct. 14, 1994], and
shall apply with respect to any decree, order, or other
legal process, or notice of agreement received by the
Office of Personnel Management or the Executive Director of the Federal Retirement Thrift Investment
Board on or after such date of enactment.’’
EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by Pub. L. 98–615 effective May 7, 1985,
with enumerated exceptions and specific applicability
provisions, see section 4(a)(1), (5)(D) of Pub. L. 98–615, as
amended, set out as a note under section 8341 of this
title.
EFFECTIVE DATE OF 1982 AMENDMENT
Amendment by section 304(b) of Pub. L. 97–253 applicable with respect to any annuity commencing on or
after Oct. 1, 1982, and with respect to any adjustment or
redetermination of any annuity made on or after such
date, see section 304(c) of Pub. L. 97–253, set out as a
note under section 8340 of this title.
Section 305(b) of Pub. L. 97–253, as amended by Pub.
L. 97–377, title I, § 124, Dec. 21, 1982, 96 Stat. 1913, provided that: ‘‘The amendment made by subsection (a)
[amending this section] shall apply to annuities which
commence on or after October 1, 1982, except for those
individuals who serve three days or less in the month
of retirement.’’
EFFECTIVE DATE OF 1981 AMENDMENT
Section 1705(b) of Pub. L. 97–35 provided that: ‘‘The
amendment made by subsection (a) [amending this section] shall take effect October 1, 1981.’’
EFFECTIVE DATE OF 1978 AMENDMENTS
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.

§ 8345

Section 2 of Pub. L. 95–366 provided that: ‘‘The
amendments made by the first section of this Act
[amending this section and section 8346 of this title]
shall only apply to payments made from the Civil Service Retirement and Disability Fund after the date of
the enactment of this Act [Sept. 15, 1978].’’
EFFECTIVE DATE OF 1975 AMENDMENT
Amendment by Pub. L. 94–126 effective as of Jan. 1,
1969, applicable to a person who, on Nov. 12, 1975, is receiving or is entitled to receive benefits under any Federal retirement system and requests in writing the application of the amendment to him by the office administering his retirement system, and additional benefits
to commence Dec. 1, 1975, see section 3 of Pub. L. 94–126,
set out as a note under section 8334 of this title.
EFFECTIVE DATE OF 1974 AMENDMENT
Section 3 of Pub. L. 93–273 provided that: ‘‘This Act
[amending this section and enacting provisions set out
as notes under this section and sections 8339 and 8341 of
this title] shall become effective on the date of enactment [Apr. 26, 1974]. Annuity increases under this Act
shall apply to annuities which commence before, on, or
after the date of enactment of this Act, but no increase
in annuity shall be paid for any period prior to the first
day of the first month which begins on or after the
ninetieth day after the date of enactment of this Act,
or the date on which the annuity commences, whichever is later.’’
MINIMUM ANNUITY UNDER CIVIL SERVICE RETIREMENT
AND DISABILITY SYSTEM
Section 305(b)–(d) of Pub. L. 99–251 provided that:
‘‘(b) SAVINGS PROVISION.—An annuity payable from
the Civil Service Retirement and Disability Fund as of
the day before the date of enactment of this Act [Feb.
27, 1986] shall not be reduced—
‘‘(1) by reason of the repeal of section 8345(f) of title
5, United States Code; or
‘‘(2) if or to the extent that the reduction is to be
made for the purpose of eliminating an overpayment
resulting from the manner in which such section
8345(f) has been administered by the Office of Personnel Management.
‘‘(c) RATIFICATION OF ERRONEOUS PAYMENTS.—Any individual to whom an overpayment of an annuity has
been made from the Civil Service Retirement and Disability Fund before the date of enactment of this Act
[Feb. 27, 1986] shall be deemed to have been entitled to
that overpayment if and to the extent that such overpayment resulted from the manner in which the Office
of Personnel Management has administered section
8345(f) of title 5, United States Code.
‘‘(d) ADJUSTMENTS OF CERTAIN REDUCTIONS.—(1) Effective for any month after the date of enactment of this
Act [Feb. 27, 1986], the amount of any annuity which—
‘‘(A) is payable from the Civil Service Retirement
and Disability Fund; and
‘‘(B) was reduced after June 30, 1985, and before the
date of enactment of this Act, to eliminate any overpayment resulting from the manner in which the Office of Personnel Management administered section
8345(f) of title 5, United States Code,
shall not be less than the amount which would have
been payable as of such date of enactment if the reduction described in clause (B) had not been made.
‘‘(2)(A) The Office shall make a lump-sum payment to
each individual receiving an annuity to which paragraph (1) applies.
‘‘(B) The lump-sum payment made to any individual
under this paragraph shall be equal to the excess of—
‘‘(i) the total amount of the annuity payments
which would have been made to the individual for the
period beginning with the first month in which the
reduction described in paragraph (1)(B) was made and
ending on the last day of the month in which this Act
is enacted if the reduction had not been made, over

§ 8346

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

‘‘(ii) the total amount of the annuity payments
which have been paid to such individual for that period.’’
AVAILABILITY OF THE CIVIL SERVICE RETIREMENT AND
DISABILITY FUND FOR EXPENSES INCURRED BY THE
OFFICE OF PERSONNEL MANAGEMENT
Section 1705(c) of Pub. L. 97–35 provided that: ‘‘The
Civil Service Retirement and Disability Fund is available for expenses incurred by the Office of Personnel
Management in the initial implementation of the
amendments made by this section [amending this section].’’
MONTHLY RATE OF MINIMUM ANNUITY

§ 8346. Exemption from legal process; recovery of
payments
(a) The money mentioned by this subchapter
is not assignable, either in law or equity, except
under the provisions of subsections (h) and (j) of
section 8345 of this title, 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 this subchapter may not be made from an individual
when, in the judgment of the Office of Personnel
Management, the individual is without fault and
recovery would be against equity and good conscience. Withholding or recovery of money mentioned by this subchapter on account of a certification or payment made by a former employee of the United States in the discharge of
his official duties may be made only if the head
of the agency on behalf of which the certification or payment was made certifies to the Office that the certification or payment involved
fraud on the part of the former employee.
L.
L.
L.
92

HISTORICAL AND REVISION NOTES
Derivation
..................

Revised Statutes and
Statutes at Large

U.S. Code
5 U.S.C. 2265.

1975—Subsec. (a). Pub. L. 94–166 inserted ‘‘except
under the provisions of section 8345(g) of this title,’’
after ‘‘equity’’, and ‘‘, except as otherwise may be provided by Federal laws’’ after ‘‘process’’.
EFFECTIVE DATE OF 1978 AMENDMENTS
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.
Amendment by Pub. L. 95–366 applicable to payments
made from Civil Service Retirement and Disability
Fund after Sept. 15, 1978, see section 2 of Pub. L. 95–366,
set out as a note under section 8345 of this title.

§ 8347. Administration; regulations

Section 2(c) of Pub. L. 93–273 provided that: ‘‘The
monthly rate of an annuity resulting from an increase
under this section [enacting provisions set out as notes
under sections 8339 and 8341 of this title] shall be considered as the monthly rate of annuity payable under
section 8345(a) of title 5, United States Code [subsec. (a)
of this section], for purposes of computing the minimum annuity under section 8345(f) of title 5 [subsec. (f)
of this section], as added by the first section of this
Act.’’

(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 583; Pub.
94–166, § 2, Dec. 23, 1975, 89 Stat. 1002; Pub.
95–366, § 1(b), Sept. 15, 1978, 92 Stat. 600; Pub.
95–454, title IX, § 906(a)(2), (3), Oct. 13, 1978,
Stat. 1224.)

Page 858

July 31, 1956, ch. 804, § 401
‘‘Sec. 15’’, 70 Stat. 758.

In subsection (b), the words ‘‘Notwithstanding any
other provision of law’’ are omitted as unnecessary.
The second word of the second sentence ‘‘or’’ is substituted for ‘‘of’’ to correct a printing error.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined
in the preface to the report.
AMENDMENTS
1978—Subsec. (a). Pub. L. 95–366 substituted references to subsecs. (h) and (j) of section 8345 for reference to subsec. (g) of section 8345.
Subsec. (b). Pub. L. 95–454 substituted ‘‘Office of Personnel Management’’ and ‘‘Office’’ for ‘‘Civil Service
Commission’’ and ‘‘Commission’’, respectively.

(a) The Office of Personnel Management shall
administer this subchapter. Except as otherwise
specifically provided herein, the Office shall perform, or cause to be performed, such acts and
prescribe such regulations as are necessary and
proper to carry out this subchapter.
(b) Applications under this subchapter shall be
in such form as the Office prescribes. Agencies
shall support the applications by such certificates as the Office considers necessary to the determination of the rights of applicants. The Office shall adjudicate all claims under this subchapter.
(c) The Office shall determine questions of disability and dependency arising under this subchapter. Except to the extent provided under
subsection (d) of this section, the decisions of
the Office concerning these matters are final
and conclusive and are not subject to review.
The Office may direct at any time such medical
or other examinations as it considers necessary
to determine the facts concerning disability or
dependency of an individual receiving or applying for annuity under this subchapter. The Office may suspend or deny annuity for failure to
submit to examination.
(d)(1) Subject to paragraph (2) of this subsection, an administrative action or order affecting the rights or interests of an individual or
of the United States under this subchapter may
be appealed to the Merit Systems Protection
Board under procedures prescribed by the Board.
(2) In the case of any individual found by the
Office to be disabled in whole or in part on the
basis of the individual’s mental condition, and
that finding was made pursuant to an application by an agency for purposes of disability retirement under section 8337(a) of this title, the
procedures under section 7701 of this title shall
apply and the decision of the Board shall be subject to judicial review under section 7703 of this
title.
(e) The Office shall fix the fees for examinations made under this subchapter by physicians
or surgeons who are not medical officers of the
United States. The fees and reasonable traveling
and other expenses incurred in connection with
the examinations are paid from appropriations
for the cost of administering this subchapter.
(f) The Office shall select three actuaries, to
be known as the Board of Actuaries of the Civil
Service Retirement System. The Office shall fix
the pay of the members of the Board, except
members otherwise in the employ of the United
States. The Board shall report annually on the
actuarial status of the System and furnish its
advice and opinion on matters referred to it by

§ 8464a

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

(C) an annuity payable from the Fund commences on the day after separation from the
service or the day after pay ceases and the requirements for title to an annuity are met in
the case of an employee or Member retiring
under section 8451.
(2) Notwithstanding paragraph (1)(A)(i), an annuity payable from the Fund commences on the
day after separation from the service in the case
of an employee or Member—
(A) who retires under section 8412; and
(B) whose separation occurs upon the expiration of a term (or other period) for which the
individual was appointed or elected.
(b) Except as otherwise provided in this chapter, the annuity of an annuitant under subchapter II or V of this chapter terminates on the
date death or other terminating event occurs.
(Added Pub. L. 99–335, title I, § 101(a), June 6,
1986, 100 Stat. 574; amended Pub. L. 105–261, div.
A, title XI, § 1109(c)(2), Oct. 17, 1998, 112 Stat.
2145; Pub. L. 106–58, title VI, § 651(b), Sept. 29,
1999, 113 Stat. 480; Pub. L. 106–398, § 1 [[div. A],
title XI, § 1152(c)(2)], Oct. 30, 2000, 114 Stat. 1654,
1654A–323; Pub. L. 107–107, div. A, title X,
§ 1048(f)(2), Dec. 28, 2001, 115 Stat. 1228.)
AMENDMENTS
2001—Subsec. (a)(1)(A)(i). Pub. L. 107–107 amended directory language of Pub. L. 106–398. See 2000 Amendment note below.
2000—Subsec. (a)(1)(A)(i). Pub. L. 106–398, as amended
by Pub. L. 107–107, substituted ‘‘, (b)(1)(B), or (d)’’ for
‘‘or (b)(1)(B)’’.
1999—Subsec. (a)(1)(A)(i). Pub. L. 106–58 repealed Pub.
L. 105–261, § 1109(c)(2). See 1998 Amendment note below.
1998—Subsec. (a)(1)(A)(i). Pub. L. 105–261, § 1109(c)(2),
which directed substitution of ‘‘, (b)(1)(B), or (d)’’ for
‘‘or (b)(1)(B)’’, was repealed by Pub. L. 106–58.
EFFECTIVE DATE OF 2001 AMENDMENT
Pub. L. 107–107, div. A, title X, § 1048(f), Dec. 28, 2001,
115 Stat. 1228, provided that the amendment made by
section 1048(f)(2) is effective as of Oct. 30, 2000, and as
if included in the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001, as enacted into
law by Pub. L. 106–398.

§ 8464a. Relationship between annuity and workers’ compensation
(a)(1) An individual is not entitled to receive—
(A) an annuity under subchapter II or V, and
(B) compensation for injury to, or disability
of, such individual under subchapter I of chapter 81, other than compensation payable under
section 8107,
covering the same period of time.
(2) An individual is not entitled to receive an
annuity under subchapter IV and a concurrent
benefit under subchapter I of chapter 81 on account of the death of the same person.
(3) Paragraphs (1) and (2) do not bar the right
of a claimant to the greater benefit conferred by
either this chapter or subchapter I of chapter 81.
(b) If an individual is entitled to an annuity
under subchapter II, IV, or V, and the individual
receives a lump-sum payment for compensation
under section 8135 based on the disability or
death of the same person, so much of the compensation as has been paid for a period extended
beyond the date payment of the annuity com-

Page 948

mences, as determined by the Department of
Labor, shall be refunded to that Department for
credit to the Employees’ Compensation Fund.
Before the individual may receive the annuity,
the individual shall—
(1) refund to the Department of Labor the
amount representing the commuted compensation payments for the extended period; or
(2) authorize the deduction of the amount
from the annuity.
Deductions from the annuity may be made from
accrued or accruing payments. The amounts deducted and withheld from the annuity shall be
transmitted to the Department of Labor for reimbursement to the Employees’ Compensation
Fund. When the Department of Labor finds that
the financial circumstances of an individual entitled to an annuity under subchapter II, IV, or
V warrant deferred refunding, deductions from
the annuity may be prorated against and paid
from accruing payments in such manner as the
Department determines appropriate.
(Added Pub. L. 100–238, title I, § 124(a)(1)(B), Jan.
8, 1988, 101 Stat. 1755.)
PRIOR PROVISIONS
Provisions similar to this section were contained in
section 8456 of this title prior to repeal by Pub. L.
100–238.
EFFECTIVE DATE
Section effective Jan. 1, 1987, and applicable with respect to benefits payable based on a death or disability
occurring on or after that date, see section 124(c) of
Pub. L. 100–238 set out as an Effective Date of 1988
Amendment note under section 8337 of this title.

§ 8465. Waiver, allotment, and assignment of benefits
(a) An individual entitled to an annuity payable from the Fund may decline to accept all or
any part of the amount of the annuity by a
waiver signed and filed with the Office. The
waiver may be revoked in writing at any time.
Payment of the annuity waived may not be
made for the period during which the waiver is
in effect.
(b) An individual entitled to an annuity payable from the Fund may make allotments or assignments of amounts from the annuity for such
purposes as the Office considers appropriate.
(Added Pub. L. 99–335, title I, § 101(a), June 6,
1986, 100 Stat. 575.)
§ 8466. Application for benefits
(a) No payment of benefits based on the service of an employee or Member shall be made
from the Fund unless an application for payment of the benefits is received by the Office before the one hundred and fifteenth anniversary
of the birth of the employee or Member.
(b) Notwithstanding subsection (a), after the
death of an employee, Member, or annuitant, or
former employee or Member, a benefit based on
the service of such employee, Member, or annuitant, or former employee or Member, shall not
be paid under subchapter II or IV of this chapter
unless an application therefor is received by the
Office within 30 years after the death or other
event which establishes the entitlement to the
benefit.

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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-