§8316 Refund of Contributions and Deposits

Summary

If someone's annuity or retired pay is denied because they were convicted of an offense listed in section 8312 or they broke section 8314 or 8315, certain money they paid must be returned when they ask for it. The refund covers the person's own contributions toward the annuity (minus any earlier refunds or annuity payments and excluding employment taxes) and certain deposits made under section 1438 of title 10 or section 5 of the Uniformed Services Contingency Option Act of 1953 (minus any retired pay already paid). The money goes to the person, or if they are dead, to the beneficiary named under the relevant statute, rule, or agreement, or otherwise in the order shown in section 8342(c) or section 2771 of title 10. Refunds include interest at the rate and for the time the original statute, rule, or agreement says. But interest must not be calculated for the period after the conviction or violation (or after a fixed date), depending on the offense: if the offense is listed in section 8312(b) or is a violation of section 8314 or 8315(a)(1), no interest is allowed for the period after conviction or after September 1, 1954, whichever is later. If the offense is listed in section 8312(c) or is a violation of section 8315(a)(2), no interest is allowed for the period after conviction or after September 26, 1961, whichever is later.