Title 5 — Government Organization and EmployeesRelease 119-73
§8301 Uniform retirement date
Title 5 › Part PART III— - EMPLOYEES › Subpart Subpart G— - Insurance and Annuities › Chapter CHAPTER 83— - RETIREMENT › Subchapter SUBCHAPTER I— - GENERAL PROVISIONS › § 8301
Summary
Retirement takes effect on the first day of the month after the month when it would otherwise start, unless another law says otherwise. Even though the official start date is moved, the amount of active or retired pay or allowance is figured as if retirement had happened on the original date before that change.
Full Legal Text
Title 5, §8301
Government Organization and Employees — Source: USLM XML via OLRC
(a)Except as otherwise specifically provided by this title or other statute, retirement authorized by statute is effective on the first day of the month following the month in which retirement would otherwise be effective.
(b)Notwithstanding subsection (a) of this section, the rate of active or retired pay or allowance is computed as of the date retirement would have occurred but for subsection (a) of this section.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 47a.Apr. 23, 1930, ch. 209, § 1, 46 Stat. 253. In subsection (a), the words “Except as otherwise specifically provided by this title or other statute” are added because of the statutes carried into subchapter III of chapter 83. The words “of Federal personnel of whatever class, civil, military, naval, judicial, legislative, or otherwise, and for whatever cause retired” are omitted as unnecessary. The words “and said first day of the month for retirements made after
July 1, 1930, shall be for all purposes in lieu of such date for retirement as was on
April 23, 1930, authorized” are omitted as executed. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Reference
Citations & Metadata
Citation
5 U.S.C. § 8301
Title 5 — Government Organization and Employees
Last Updated
Apr 6, 2026
Release point: 119-73