5 U.S.C. § 8318: Restoration of annuity or…

Summary

A Presidential pardon restores an individual’s and their survivor’s or beneficiary’s right to annuity or retired pay that had been taken away for offenses listed in section 8312 or for violations of section 8314 or 8315, for convictions before, on, or after September 1, 1954. The President can also restore pay for denials under sections 8314 or 8315 and choose the date the restoration starts. Payments cannot be made for any time before the pardon or the chosen effective date. Service credit for a period covered by a refund under section 8316 is allowed only after the refunded amount is redeposited. If annuity or retired pay is forfeited under section 8312 or 8313 after the date of enactment of this subsection, the spouse may get spousal pension benefits if the Attorney General finds the spouse fully cooperated with federal authorities in the investigation and prosecution that led to the forfeiture.

Title 5, §8318

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(a)If an individual who was convicted, before, on, or after September 1, 1954, of—

(1)an offense named by section 8312 of this title; or

(2)an offense constituting a violation of section 8314 or 8315 of this title;

is pardoned by the President, the right of the individual and his survivor or beneficiary to receive annuity or retired pay previously denied under this subchapter is restored as of the date of the pardon.

(b)The President may restore, effective as of the date he prescribes, the right to receive annuity or retired pay which is denied, before, on, or after September 1, 1954, under section 8314 or 8315 of this title, to the individual and to his survivor or beneficiary.

(c)Payment of annuity or retired pay which results from pardon or restoration by the President under subsection (a) or (b) of this section may not be made for a period before—

(1)the date of pardon referred to by subsection (a) of this section; or

(2)the effective date of restoration referred to by subsection (b) of this section.

(d)Credit for a period of service covered by a refund under section 8316 of this title is allowed only after the amount refunded has been redeposited.

(e)The spouse of an individual whose annuity or retired pay is forfeited under section 8312 or 8313 after the date of enactment of this subsection shall be eligible for spousal pension benefits if the Attorney General of the United States determines that the spouse fully cooperated with Federal authorities in the conduct of a criminal investigation and subsequent prosecution of the individual which resulted in such forfeiture.

Notes & Related Subsidiaries

Historical and Revision Notes

DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 2285(a), (b).Sept. 26, 1961, Pub. L. 87–299, § 1 “Sec. 6(a), (b)”, 75 Stat. 645. The section is reorganized for clarity and conciseness. The words “and section 3282 of Title 18” 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

The date of enactment of this subsection, referred to in subsec. (e), is the date of enactment of Pub. L. 104–93, which was approved Jan. 6, 1996.

Amendments

1996—Subsec. (e). Pub. L. 104–93 added subsec. (e).

§8318 Restoration of Annuity or Retired Pay