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Title 5, Government Organization and EmployeesRelease 119-102

§8413 Deferred Retirement

Title 5 › PART III — EMPLOYEES › Subpart G — Insurance and Annuities › CHAPTER 84 — FEDERAL EMPLOYEES’ RETIREMENT SYSTEM › SUBCHAPTER II — BASIC ANNUITY › § 8413

Last updated Aug 21, 2026|Official source

Summary

If an employee or Member leaves federal service or moves to a job not covered by this law after at least 5 years of service, they can get retirement payments (an annuity) starting at age 62. If they leave after at least 10 years but before the minimum retirement age in section 8412(h), they may pick a date to begin those payments by filing a written election. The chosen date cannot be before that minimum retirement age and must be before they turn 62. The Office will set rules about when and how to file. The election only works if the person will not become eligible for any annuity within 31 days after filing, and making the election cancels any other annuity right based on the same service.

Full Legal Text

Title 5, §8413

Government Organization and Employees, Source: USLM XML via OLRC

(a)An employee or Member who is separated from the service, or transferred to a position in which the employee or Member does not continue subject to this chapter, after completing 5 years of service is entitled to an annuity beginning at the age of 62 years.
(b)(1)An employee or Member who is separated from the service, or transferred to a position in which the employee or Member does not continue subject to this chapter, after completing 10 years of service but before attaining the applicable minimum retirement age under section 8412(h) is entitled to an annuity beginning on the date designated by the employee or Member in a written election under this subsection. The date designated under this subsection may not precede the date on which the employee or Member attains such minimum retirement age and must precede the date on which the employee or Member becomes 62 years of age.
(2)The election of an annuity under this subsection shall not be effective unless—
(A)it is made at such time and in such manner as the Office shall by regulation prescribe; and
(B)the employee or Member will not otherwise be eligible to receive an annuity within 31 days after filing the election.
(3)The election of an annuity under this subsection extinguishes the right of the employee or Member to receive any other annuity based on the service on which the annuity under this subsection is based.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1986—Subsec. (b)(1). Pub. L. 99–556 inserted “but before attaining the applicable minimum retirement age under section 8412(h)” in first sentence and substituted “such minimum retirement age” for “the applicable minimum retirement age under section 8412(h)” in second sentence.

Reference

Citations & Metadata

Citation

5 U.S.C. § 8413

Title 5, Government Organization and Employees

Last Updated

Aug 21, 2026

Release point: 119-102