§8413 — Title 5 Government Organization and Employees | U.S. Code

Summary

If an employee or Member leaves service or moves to a job not covered by this law after at least 5 years, they can get a retirement annuity that starts at age 62. If they leave after at least 10 years but before their minimum retirement age, they may file a written choice naming when the annuity will start. That start date cannot be before the minimum retirement age and must be before age 62. The Office sets the filing rules. The choice is only allowed if no annuity would be payable within 31 days after filing, and it cancels any other annuity rights based on the same service.

Title 5, §8413

Government Organization and Employees — Source: USLM XML via OLRC

(a)An employee or Member who is separated from the service, or transferred to a position in which the employee or Member does not continue subject to this chapter, after completing 5 years of service is entitled to an annuity beginning at the age of 62 years.

(b)(1)An employee or Member who is separated from the service, or transferred to a position in which the employee or Member does not continue subject to this chapter, after completing 10 years of service but before attaining the applicable minimum retirement age under section 8412(h) is entitled to an annuity beginning on the date designated by the employee or Member in a written election under this subsection. The date designated under this subsection may not precede the date on which the employee or Member attains such minimum retirement age and must precede the date on which the employee or Member becomes 62 years of age.

(2)The election of an annuity under this subsection shall not be effective unless—

(A)it is made at such time and in such manner as the Office shall by regulation prescribe; and

(B)the employee or Member will not otherwise be eligible to receive an annuity within 31 days after filing the election.

(3)The election of an annuity under this subsection extinguishes the right of the employee or Member to receive any other annuity based on the service on which the annuity under this subsection is based.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1986—Subsec. (b)(1). Pub. L. 99–556 inserted “but before attaining the applicable minimum retirement age under section 8412(h)” in first sentence and substituted “such minimum retirement age” for “the applicable minimum retirement age under section 8412(h)” in second sentence.

§8413 Deferred retirement

Summary

Title 5, §8413

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata