§8412 — Title 5 Government Organization and Employees | U.S. Code

Summary

Federal employees and Members can get a monthly retirement payment when they leave government service if they meet certain age-and-service rules. You can get a payment after 30 years of service once you reach the minimum retirement age in subsection (h). You can also get one at age 60 with 20 years of service, or at age 62 with 5 years. Certain jobs get special rules: law enforcement officers, Capitol Police, Supreme Court Police, firefighters, nuclear materials couriers, and customs and border protection officers can retire after 25 years, or at age 50 with 20 years. Air traffic controllers can retire after 25 years, or at age 50 with 20 years. Members can retire after 25 years, or at age 50 with 20 years. There is another rule that lets employees or Members who meet the minimum retirement age plus 10 years take a pension, unless another rule already gives them a pension. Those people may delay starting payments by filing a written election; the start date must be at least 31 days after they file and must be before they turn 62. The Office of Personnel Management will make rules for how to file that election. Affected individual: a covered worker who is hurt or gets sick on duty, cannot do the old job, and is moved into a non-covered civil service post. Covered position: a job like law enforcement officer, customs and border protection officer, firefighter, air traffic controller, nuclear materials courier, or member of the Capitol or Supreme Court Police. If an affected individual moves into the non-covered job without a break in service over 3 days, that new service can count as covered service for retirement and for the pay amounts withheld under section 8422 unless the person files an election. That counting stops if the person later moves into a supervisory/admin post related to the old job or reaches the age that would force separation under section 8425. The Office of Personnel Management sets the election procedures. The age rules for "minimum retirement age" depend on birth date: before Jan 1, 1948 = 55; born 1948–1952 = 55 plus an age increase factor (see paragraph (2)(A)); born 1953–1964 = 56; born 1965–1969 = 56 plus an age increase factor (see paragraph (2)(B)); born after Dec 31, 1969 = 57. The age increase factor for 1948–1952 is two-twelfths times the number of months from January 1948 through December of the birth year. For 1965–1969 it is two-twelfths times the number of months from January 1965 through December of the birth year.

Title 5, §8412

Government Organization and Employees — Source: USLM XML via OLRC

(a)An employee or Member who is separated from the service after attaining the applicable minimum retirement age under subsection (h) and completing 30 years of service is entitled to an annuity.

(b)An employee or Member who is separated from the service after becoming 60 years of age and completing 20 years of service is entitled to an annuity.

(c)An employee or Member who is separated from the service after becoming 62 years of age and completing 5 years of service is entitled to an annuity.

(d)(1)An employee who is separated from the service, except by removal for cause on charges of misconduct or delinquency—

(A)after completing 25 years of service as a law enforcement officer, member of the Capitol Police or Supreme Court Police, firefighter, nuclear materials courier, or customs and border protection officer, or any combination of such service totaling at least 25 years, or

(B)after becoming 50 years of age and completing 20 years of service as a law enforcement officer, member of the Capitol Police or Supreme Court Police, firefighter, nuclear materials courier, or customs and border protection officer, or any combination of such service totaling at least 20 years,

(2)(A)In this paragraph—

(i)the term “affected individual” means an individual covered under this chapter who—

(I)is performing service in a covered position;

(II)while on duty, becomes ill or is injured as a direct result of the performance of such duties before the date on which the individual becomes entitled to an annuity under paragraph (1) of this subsection or subsection (e), as applicable;

(III)because of the illness or injury described in subclause (II), is permanently unable to render useful and efficient service in the employee’s covered position, as determined by the agency in which the individual was serving when such individual incurred the illness or injury; and

(IV)is appointed to a position in the civil service that—

(aa)is not a covered position; and

(bb)is within an agency that regularly appoints individuals to supervisory or administrative positions related to the activities of the former covered position of the individual;

(ii)the term “covered position” means a position as a law enforcement officer, customs and border protection officer, firefighter, air traffic controller, nuclear materials courier, member of the Capitol Police, or member of the Supreme Court Police.

(B)Unless an affected individual files an election described in subparagraph (E), creditable service by the affected individual in a position described in subparagraph (A)(i)(IV) shall be treated as creditable service in a covered position for purposes of this chapter and determining the amount to be deducted and withheld from the pay of the affected individual under section 8422.

(C)Subparagraph (B) shall only apply if the affected employee transitions to a position described in subparagraph (A)(i)(IV) without a break in service exceeding 3 days.

(D)The service of an affected individual shall no longer be eligible for treatment under subparagraph (B) if such service occurs after the individual—

(i)is transferred to a supervisory or administrative position related to the activities of the former covered position of the individual; or

(ii)meets the age and service requirements that would subject the individual to mandatory separation under section 8425 if such individual had remained in the former covered position.

(E)In accordance with procedures established by the Director of the Office of Personnel Management, an affected individual may file an election to have any creditable service performed by the affected individual treated in accordance with this chapter without regard to subparagraph (B).

(F)Nothing in this paragraph shall be construed to apply to such affected individual any other pay-related laws or regulations applicable to a covered position.

(e)An employee who is separated from the service, except by removal for cause on charges of misconduct or delinquency—

(1)after completing 25 years of service as an air traffic controller, or

(2)after becoming 50 years of age and completing 20 years of service as an air traffic controller,

(f)A Member who is separated from the service, except by resignation or expulsion—

(1)after completing 25 years of service, or

(2)after becoming 50 years of age and completing 20 years of service,

(g)(1)An employee or Member who is separated from the service after attaining the applicable minimum retirement age under subsection (h) and completing 10 years of service is entitled to an annuity. This subsection shall not apply to an employee or Member who is entitled to an annuity under any other provision of this section.

(2)An employee or Member entitled to an annuity under this subsection may defer the commencement of such annuity by written election. The date to which the commencement of the annuity is deferred may not precede the 31st day after the date of filing the election, and must precede the date on which the employee or Member becomes 62 years of age.

(3)The Office shall prescribe regulations under which an election under paragraph (2) shall be made.

(h)(1)The applicable minimum retirement age under this subsection is—

(A)for an individual whose date of birth is before January 1, 1948, 55 years of age;

(B)for an individual whose date of birth is after December 31, 1947, and before January 1, 1953, 55 years of age plus the number of months in the age increase factor determined under paragraph (2)(A);

(C)for an individual whose date of birth is after December 31, 1952, and before January 1, 1965, 56 years of age;

(D)for an individual whose date of birth is after December 31, 1964, and before January 1, 1970, 56 years of age plus the number of months in the age increase factor determined under paragraph (2)(B); and

(E)for an individual whose date of birth is after December 31, 1969, 57 years of age.

(2)(A)For an individual whose date of birth occurs during the 5-year period consisting of calendar years 1948 through 1952, the age increase factor shall be equal to two-twelfths times the number of months in the period beginning with January 1948 and ending with December of the year in which the date of birth occurs.

(B)For an individual whose date of birth occurs during the 5-year period consisting of calendar years 1965 through 1969, the age increase factor shall be equal to two-twelfths times the number of months in the period beginning with January 1965 and ending with December of the year in which the date of birth occurs.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2022—Subsec. (d). Pub. L. 117–225 designated existing provisions as par. (1), redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, of par. (1), and added par. (2). 2007—Subsec. (d)(1), (2). Pub. L. 110–161 substituted “nuclear materials courier, or customs and border protection officer,” for “or nuclear materials courier,”. 2000—Subsec. (d). Pub. L. 106–553 inserted “or Supreme Court Police” after “Capitol Police” in pars. (1) and (2). 1998—Subsec. (d)(1), (2). Pub. L. 105–261 substituted “firefighter, or nuclear materials courier” for “or firefighter”. 1990—Subsec. (d)(1), (2). Pub. L. 101–428 substituted “officer, member of the Capitol Police,” for “officer”. 1986—Subsec. (g). Pub. L. 99–556 designated existing provisions as par. (1) and added par. (2).

Statutory Notes and Related Subsidiaries

Effective Date

of 2022 AmendmentAmendment by Pub. L. 117–225 effective Dec. 9, 2022, and applicable to an individual who suffers an illness or injury described in certain Code provisions on or after the date that is 2 years after Dec. 9, 2022, see section 3(f) of Pub. L. 117–225, set out as a note under section 8336 of this title.

Effective Date

of 2007 Amendment; Transition RulesAmendment by Pub. L. 110–161 effective on the later of June 30, 2008, or the first day of the first pay period beginning at least 6 months after Dec. 26, 2007, with transition rules and rights of election, see section 535(e) of Pub. L. 110–161, set out as a note under section 3307 of this title.

Effective Date

of 2000 AmendmentAmendment 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 1998 AmendmentAmendment by Pub. L. 105–261 effective at the beginning of the first pay period that begins after Oct. 17, 1998, and applicable only to an individual who is employed as a nuclear materials courier, as defined by section 8331(27) or 8401(33) of this title, after Oct. 17, 1998, see section 3154(m), (n) of Pub. L. 105–261, set out as a note under section 8331 of this title.

Regulations

For provisions relating to promulgation of

Regulations

to carry out the

Amendments

made by Pub. L. 117–225, see section 3(e) of Pub. L. 117–225, set out as a note under section 8336 of this title.

§8412 Immediate retirement

Summary

Title 5, §8412

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Effective Date

Effective Date

Regulations

Regulations

Amendments

Citations & Metadata