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Title 5 — Government Organization and EmployeesRelease 119-73not60

§8314 Refusal to Testify

Title 5 › Part III— EMPLOYEES › Subpart G— Insurance and Annuities › Chapter 83— RETIREMENT › Subchapter II— FORFEITURE OF ANNUITIES AND RETIRED PAY › § 8314

Last updated Apr 3, 2026|Official source

Summary

Refusing or knowingly failing to testify or hand over books, papers, or records in certain federal proceedings can stop a person, or their survivor or beneficiary, from getting pension or retirement pay for service that counts toward that pay, unless exceptions listed in section 8311(2) and (3) apply. The rule covers refusals before a Federal grand jury, a U.S. court, a court-martial, or a congressional committee when the questions are about the person’s ties to a foreign government or about interference with or danger to U.S. national security or defense, including plans or attempts. Payments are barred starting after the date of the refusal or failure, or after September 1, 1954, whichever is later.

Full Legal Text

Title 5, §8314

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, before, on, or after September 1, 1954, refused or refuses, or knowingly and willfully failed or fails, to appear, testify, or produce a book, paper, record, or other document, relating to his service as an employee, before a Federal grand jury, court of the United States, court-martial, or congressional committee, in a proceeding concerning—
(1)his past or present relationship with a foreign government; or
(2)a matter involving or relating to an interference with or endangerment of, or involving or relating to a plan or attempt to interfere with or endanger, the national security or defense of the United States.
(b)The prohibition on payment of annuity or retired pay under subsection (a) of this section applies to the period after the date of the failure or refusal of the individual, or after September 1, 1954, whichever is later.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 2283(a).Sept. 26, 1961, Pub. L. 87–299, § 1 “Sec. 2(a)”, 75 Stat. 642. 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. § 8314

Title 5 — Government Organization and Employees

Last Updated

Apr 3, 2026

Release point: 119-73not60