§8338 — Title 5 Government Organization and Employees | U.S. Code

Summary

People who leave service after enough years can get a deferred annuity. An employee who separates or moves out of coverage after 5 years of civilian service gets an annuity starting at age 62. For Members: 5 years civilian service → annuity at 62; 10 or more years of Member service → annuity at 60; 20 or more years (including 10+ years as a Member) → reduced annuity at 50. Judges of the U.S. Court of Appeals for the Armed Forces follow the same 5‑year rule, and a judge who elects an annuity before age 60 gets a reduced annuity. Annuity amounts are set by the law’s annuity calculation rules.

Title 5, §8338

Government Organization and Employees — Source: USLM XML via OLRC

(a)An employee who is separated from the service or transferred to a position in which he does not continue subject to this subchapter after completing 5 years of civilian service is entitled to an annuity beginning at the age of 62 years.

(b)A Member who, after December 31, 1955, is separated from the service as a Member after completing 5 years of civilian service is entitled to an annuity beginning at the age of 62 years. A Member who is separated from the service after completing 10 or more years of Member service is entitled to an annuity beginning at the age of 60 years. A Member who is separated from the service after completing 20 or more years of service, including 10 or more years of Member service, is entitled to a reduced annuity beginning at the age of 50 years.

(c)A judge of the United States Court of Appeals for the Armed Forces who is separated from the service after completing 5 years of civilian service is entitled to an annuity beginning at the age of 62 years. A judge of such court who is separated from the service after completing the term of service for which he was appointed is entitled to an annuity. If an annuity is elected before the judge becomes 60 years of age, it shall be a reduced annuity.

(d)An annuity or reduced annuity authorized by this section is computed under section 8339 of this title.

Notes & Related Subsidiaries

Historical and Revision Notes

1966 Act DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 2258.

July 31, 1956, ch. 804, § 401 “Sec. 8”, 70 Stat. 751.

July 7, 1960, Pub. L. 86–604, § 1(c), 74 Stat. 358.

July 12, 1960, Pub. L. 86–622, § 2(a), 74 Stat. 410. In subsection (b), the words “after

December 31, 1955” are substituted for “on or after

January 1, 1956”. The word “hereafter” is 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. 1967 ActThis section amends 5 U.S.C. 8338(a) for consistency within the subchapter and to reflect that it is the individual, rather than the position, that is subject to the subchapter.

Editorial Notes

Amendments

1994—Subsec. (c). Pub. L. 103–337 substituted “Court of Appeals for the Armed Forces” for “Court of Military Appeals”. 1983—Subsecs. (c), (d). Pub. L. 98–94 added subsec. (c), and redesignated former subsec. (c) as (d).

Statutory Notes and Related Subsidiaries

Savings Provision

s Deferred Annuities Under Laws Repealed by Pub. L. 90–83 Pub. L. 90–83, § 10(a), Sept. 11, 1967, 81 Stat. 222, provided that: “The right to a deferred annuity on satisfaction of the conditions attached thereto is continued notwithstanding the repeal by this Act of the law conferring the right.”

§8338 Deferred Retirement