§8315 — Title 5 Government Organization and Employees | U.S. Code

Summary

You can't get annuity or retired pay for service you earned if you, or your survivor or beneficiary, knowingly lied or hid an important fact about certain things, unless another law allows it. That includes false statements about past or present membership, support, or ties to the Communist Party or similar groups that advocate overthrowing the U.S. government, creating a Communist dictatorship by force, or the right to strike against the United States; about certain criminal convictions listed by law; or about refusing to appear, testify, or hand over required documents. For the first group of matters, the pay can be stopped starting from the later of when the lie or concealment happened or September 1, 1954. For the other listed convictions, the pay can be stopped starting from the later of when the lie or concealment happened or September 26, 1961.

Title 5, §8315

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 knowingly and willfully made or makes a false, fictitious, or fraudulent statement or representation, or knowingly and willfully concealed or conceals a material fact—

(1)before, on, or after September 1, 1954, concerning his—

(A)past or present membership in, affiliation or association with, or support of the Communist Party, or a chapter, branch, or subdivision thereof, in or outside the United States, or other organization, party, or group advocating—

(i)the overthrow, by force, violence, or other unconstitutional means, of the Government of the United States;

(ii)the establishment, by force, violence, or other unconstitutional means, of a Communist totalitarian dictatorship in the United States; or

(iii)the right to strike against the United States;

(B)conviction of an offense named by subsection (b) of section 8312 of this title, to the extent provided by that subsection; or

(C)failure or refusal to appear, testify, or produce a book, paper, record, or other document, as specified by section 8314 of this title; or

(2)before, on, or after September 26, 1961, concerning his conviction of an offense named by subsection (c) of section 8312 of this title, to the extent provided by that subsection;

(b)The prohibition on the payment of annuity or retired pay applies—

(1)with respect to matters specified by subsection (a)(1) of this section, to the period after the statement, representation, or concealment of fact is made or occurs, or after September 1, 1954, whichever is later; and

(2)with respect to matters specified by subsection (a)(2) of this section, to the period after the statement, representation, or concealment of fact is made or occurs, or after September 26, 1961, whichever is later.

Notes & Related Subsidiaries

Historical and Revision Notes

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

§8315 Falsifying Employment Applications

Summary

Title 5, §8315

Notes & Related Subsidiaries

Historical and Revision Notes

Citations & Metadata