5 U.S.C. § 8313: Absence from the United…

Summary

An individual, or their survivor or beneficiary, cannot be paid retirement pay or an annuity based on that service if the person is under indictment or has pending military charges for certain offenses (those listed after July 31, 1956 or after September 26, 1961) and intentionally stays outside the United States, its territories and possessions (including Puerto Rico) for more than 1 year after learning of the charges. Payments stop after that one-year period and continue to be withheld until the prosecutor drops the entire case or the charges are dismissed, the person returns and the charges are dismissed, or the person is found not guilty at trial.

Title 5, §8313

Government Organization and Employees, Source: USLM XML via OLRC

(a)An individual, or his survivor or beneficiary, may not be paid annuity or retired pay on the basis of the service of the individual which is creditable toward the annuity or retired pay, subject to the exceptions in section 8311(2) and (3) of this title, if the individual—

(1)is under indictment, or has outstanding against him charges preferred under the Uniform Code of Military Justice—

(A)after July 31, 1956, for an offense named by section 8312(b) of this title; or

(B)after September 26, 1961, for an offense named by section 8312(c) of this title; and

(2)willfully remains outside the United States, or its territories and possessions including the Commonwealth of Puerto Rico, for more than 1 year with knowledge of the indictment or charges, as the case may be.

(b)The prohibition on payment of annuity or retired pay under subsection (a) of this section applies to the period after the end of the 1-year period and continues until—

(1)a nolle prosequi to the entire indictment is entered on the record or the charges are dismissed by competent authority;

(2)the individual returns and thereafter the indictment or charges is or are dismissed; or

(3)after trial by court or court-martial, the accused is found not guilty of the offense or offenses.

Notes & Related Subsidiaries

Historical and Revision Notes

DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 2283a.Sept. 26, 1961, Pub. L. 87–299, § 1, “Sec. 3”, 75 Stat. 643. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.

Editorial Notes

References in Text

The Uniform Code of Military Justice, referred to in text, is classified to chapter 47 (§ 801 et seq.) of Title 10, Armed Forces.

Statutory Notes and Related Subsidiaries

Suspension of Payment of Retired Pay of Members Who Are Absent From United States To Avoid Prosecution Pub. L. 104–201, div. A, title VI, § 633, Sept. 23, 1996, 110 Stat. 2550, provided that: “(a) Development of Procedures for Suspension.—The Secretary of Defense shall develop uniform procedures under which the Secretary of a military department may suspend the payment of the retired pay of a member or former member of the Armed Forces during periods in which the member willfully remains outside the United States to avoid criminal prosecution or civil liability. The procedures shall address the types of criminal offenses and civil proceedings for which the procedures may be used, including the offenses specified in section 8312 of title 5, United States Code, and the manner by which a member, upon the return of the member to the United States, may obtain retired pay withheld during the member’s absence. “(b) Report to Congress.—The Secretary of Defense shall submit to Congress a report describing the procedures developed under subsection (a). The report shall include recommendations regarding changes to existing provisions of law (including section 8313 of title 5, United States Code) that the Secretary determines are necessary to fully implement the procedures. “(c) Retired Pay Defined.—For purposes of this section, the term ‘retired pay’ means retired pay, retirement pay, retainer pay, or equivalent pay, payable under a statute to a member or former member of a uniformed service. “(d)

Effective Date

.—The uniform procedures required by subsection (a) shall be developed not later than 30 days after the date of the enactment of this Act [Sept. 23, 1996].”

§8313 Absence From the United States to Avoid Prosecution