§8462 — Title 5 Government Organization and Employees | U.S. Code

Summary

Each year some annuities paid from the Fund must be changed on December 1 if the price index went up. Base quarter means the 3-month period that ends September 30. The price index for a base quarter is the average of the index for those 3 months. Percent change in the price index means the percent increase from the last base quarter that was used for an adjustment. If the base-quarter index is higher than the last time an adjustment was made, annuities are raised that December 1. If the percent change is 3% or less, each annuity goes up by the smaller of the percent change (rounded to the nearest 0.1%) or 2%. If the percent change is more than 3%, each annuity goes up by the percent change (rounded to the nearest 0.1%) minus 1%. These annuities are not adjusted under section 8340. Who gets how much: the first increase for a new annuity is prorated by months (up to 12) using one-twelfth of the percent change times the months payable. Survivors get increases equal to the increases the deceased received while alive. Annuitants under 62 may not get an adjustment until they reach 62, with specific statutory exceptions. After any increase, monthly payments are rounded down to the next dollar but must go up by at least $1. The $15,000 figure in section 8442(b)(1)(A)(ii) is raised at the same time and by the same percent as these annuity increases.

Title 5, §8462

Government Organization and Employees — Source: USLM XML via OLRC

(a)For the purpose of this section—

(1)the term “base quarter”, as used with respect to a year, means the calendar quarter ending on September 30 of such year;

(2)the price index for a base quarter is the arithmetical mean of such index for the 3 months comprising such quarter; and

(3)the term “percent change in the price index”, as used with respect to a year, means the percentage derived by—

(A)reducing—

(i)the price index for the base quarter of such year, by

(ii)the price index for the base quarter of the preceding year in which an adjustment under this subsection was made;

(B)dividing the difference under subparagraph (A) by the price index referred to in subparagraph (A)(ii); and

(C)multiplying the quotient under subparagraph (B) by 100.

(b)(1)Except as provided in subsection (c), effective December 1 of any year in which an adjustment under this subsection is to be made, as determined under paragraph (2), each annuity payable from the Fund under this chapter (other than an annuity under section 8443) having a commencing date not later than such December 1 shall be adjusted as follows:

(A)If the percent change in the price index for the year does not exceed 3 percent, each annuity subject to adjustment under this subsection shall be increased by the lesser of—

(i)the percent change in the price index (rounded to the nearest one-tenth of 1 percent); or

(ii)2 percent.

(B)If the percent change in the price index for the year exceeds 3 percent, each annuity subject to adjustment under this subsection shall be increased by the excess of—

(i)the percent change in the price index (rounded to the nearest one-tenth of 1 percent), over

(ii)1 percent.

(2)An adjustment under this subsection shall be made in a year only if the price index for the base quarter of such year exceeds the price index for the base quarter of the preceding year in which an adjustment under this subsection was made.

(3)An annuity under this chapter shall not be subject to adjustment under section 8340. Nothing in the preceding sentence shall affect the computation of any amount under section 8443(a)(2).

(c)Eligibility for an annuity increase under this section is governed by the commencing date of each annuity payable from the Fund as of the effective date of an increase, except as follows:

(1)The first increase (if any) made under subsection (b) to an annuity which is payable from the Fund to an annuitant or survivor (other than a child under section 8443) whose annuity has not been increased under this subsection or subsection (b) shall be equal to the product (adjusted to the nearest one-tenth of 1 percent) of—

(A)one-twelfth of the applicable percent change computed under subsection (b), multiplied by

(B)the number of months (not to exceed 12 months, counting any portion of a month as a month)—

(i)for which the annuity was payable from the Fund before the effective date of the increase; or

(ii)in the case of a survivor of a deceased annuitant whose annuity has not been so increased, since the annuity was first payable to the deceased annuitant.

(2)Effective from its commencing date, an annuity payable from the Fund to an annuitant’s survivor (other than a widow or widower whose annuity is computed under section 8442(g) or a child under section 8443) shall be increased by the total percentage by which the deceased annuitant’s annuity had been increased under this section during the period beginning on the date the deceased annuitant’s annuity commenced and ending on the date of the deceased annuitant’s death.

(3)(A)An adjustment under subsection (b) for any year shall not be effective with respect to the annuity of an annuitant who is under 62 years of age as of the date on which such adjustment would otherwise first take effect.

(B)(i)Except as provided in clause (ii), this paragraph applies only with respect to an annuitant under section 8412, 8413, or 8414.

(ii)This paragraph does not apply with respect to an annuitant under subsection (d)(1) or (e) of section 8412 or (in the case of an annuitant separated from service as a military reserve technician as a result of disability) under section 8414(c).

(4)The first increase (if any) made under subsection (b) to an annuity which is payable from the Fund to a widow or widower whose annuity is computed under section 8442(g) shall be equal to the product (adjusted to the nearest one-tenth of 1 percent) of—

(A)one-twelfth of the applicable percent change computed under subsection (b), multiplied by

(B)the number of months (not to exceed 12 months, counting any portion of a month as a month) since—

(i)the effective date of the adjustment last made under this section in the annuity of the annuitant on whose service on the widow’s or widower’s annuity is based; or

(ii)if the annuity of the annuitant (referred to in clause (i)) has not been increased under this section, the commencement date of such annuitant’s annuity (determined subject to section 8452(a)(1)(B)).

(d)The monthly installment of an annuity after adjustment under this section shall be rounded to the next lowest dollar. However, the monthly installment shall, after adjustment, reflect an increase of at least $1.

(e)The $15,000 amount referred to in section 8442(b)(1)(A)(ii) shall be increased at the same time that, and by the same percent as the percentage by which, annuities under subchapter III of chapter 83 are increased.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2022—Subsec. (c)(3)(B)(ii). Pub. L. 117–225 inserted “(1)” after “subsection (d)”. 1986—Subsec. (b)(3). Pub. L. 99–556 inserted provision relating to the computation of any amount under section 8443(a)(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. Delay in Cost-of-Living Adjustments During Fiscal Years 1994, 1995, and 1996Any cost-of-living increase scheduled to take effect during fiscal year 1994, 1995, or 1996 under subsec. (b) of this section delayed until first day of third calendar month after date such increase would otherwise take effect, see section 11001 of Pub. L. 103–66, set out as a note under section 8340 of this title.

§8462 Cost-of-living adjustments