§8316 — Title 5 Government Organization and Employees | U.S. Code

Summary

If an annuity or retired pay is denied because a person was convicted under section 8312 or violated section 8314 or 8315, the government must refund what the person paid in. That refund is the person’s contributions (not including employment taxes), minus any amounts already returned or paid as annuity benefits, and any deposits made under section 1438 of title 10 or section 5 of the Uniformed Services Contingency Option Act of 1953 (67 Stat. 504), minus amounts already paid as retired pay. The refund goes to the person. If the person is dead, it goes to the beneficiary named under the relevant rule, or if none is named, to whoever is next in line under section 8342(c) or section 2771 of title 10. Refunds include interest at the rate and for the time set by the rule that would have paid the annuity. But interest must not be counted for periods after the conviction or violation (or after September 1, 1954, in some cases, or after September 26, 1961, in others), whichever date is later, as described for offenses in section 8312(b) or 8312(c) and violations in section 8314 or section 8315(a).

Title 5, §8316

Government Organization and Employees — Source: USLM XML via OLRC

(a)When payment of annuity or retired pay is denied under this subchapter because an individual was convicted of an offense named by section 8312 of this title, to the extent provided by that section, or violated section 8314 or 8315 of this title—

(1)the amount, except employment taxes, contributed by the individual toward the annuity, less the amount previously refunded or paid as annuity benefits; and

(2)deposits made under section 1438 of title 10 or section 5 of the Uniformed Services Contingency Option Act of 1953 (67 Stat. 504) to provide the eligible beneficiary with annuity for any period, less the amount previously paid as retired pay benefits;

(A)to the individual;

(B)if the individual is dead, to the beneficiary designated to receive refunds by or under the statute, regulation, or agreement under which the annuity, the benefits of which are denied under this subchapter, would have been payable; or

(C)if a beneficiary is not designated, in the order of precedence prescribed by section 8342(c) of this title or section 2771 of title 10, as the case may be.

(b)A refund under subsection (a) of this section shall be made with interest at the rate and for the period provided under the statute, regulation, or agreement under which the annuity would have been payable. However, interest may not be computed—

(1)if the individual was convicted of an offense named by section 8312(b) of this title, or violated section 8314 or 8315(a)(1) of this title, for the period after the conviction or commission of the violation, or after September 1, 1954, whichever is later; or

(2)if the individual was convicted of an offense named by section 8312(c) of this title, or violated section 8315(a)(2) of this title, for the period after the conviction or commission of the violation, 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. 2284(a), (b).Sept. 26, 1961, Pub. L. 87–299, § 1 “Sec. 4(a), (b)”, 75 Stat. 644. 5 U.S.C. 2284a(b).Sept. 26, 1961, Pub. L. 87–299, § 1 “Sec. 5(b)”, 75 Stat. 645. This section is reorganized for clarity and conciseness. The words “and section 3282 of Title 18” in former section 2284(a) are omitted as unnecessary. 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

section 5 of the Uniform Services Contingency Option Act of 1953 (67 Stat. 504), referred to in text, is covered by section 1438 of Title 10, Armed Forces.

§8316 Refund of Contributions and Deposits