§2056 — Title 50 War and National Defense | U.S. Code

Summary

To get an annuity after leaving, a participant must have at least one year of covered civilian work while being paid during the two years before they leave, unless they leave because of death or disability. If a participant (not leaving for death or disability) does not meet that rule, any money taken from their pay for the time that does not count must be returned when they leave. Not meeting this rule will not take away any annuity the participant or their survivors already earned from an earlier separation.

Title 50, §2056

War and National Defense — Source: USLM XML via OLRC

(a)A participant must complete, within the last two years before any separation from service (except a separation because of death or disability) at least one year of creditable civilian service during which the participant is subject to this subchapter and in a pay status before the participant or the participant’s survivors are eligible for an annuity under this subchapter based on that separation.

(b)If a participant (other than a participant separated from the service because of death or disability) fails to meet the service and pay status requirement of subsection (a), any amounts deducted from the participant’s pay during the period for which no eligibility is established based on the separation shall be returned to the participant on the separation.

(c)Failure to meet the service and pay status requirement of subsection (a) shall not deprive the participant or the participant’s survivors of any annuity to which they may be entitled under this subchapter based on a previous separation.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 236 of Pub. L. 88–643, as added Pub. L. 101–193, title III, § 302(2), Nov. 30, 1989, 103 Stat. 1703, related to eligibility for annuity and was set out as a note under section 403 of this title prior to the general amendment of Pub. L. 88–643 by section 802 of Pub. L. 102–496. A prior section 237 of Pub. L. 88–643, title II, formerly § 236, Oct. 13, 1964, 78 Stat. 1049; Pub. L. 91–626, § 4, Dec. 31, 1970, 84 Stat. 1873; Pub. L. 93–31,

May 8, 1973, 87 Stat. 65; Pub. L. 99–335, title V, § 501(2),

June 6, 1986, 100 Stat. 622, renumbered § 237, Pub. L. 101–193, title III, § 302(1), Nov. 30, 1989, 103 Stat. 1703, related to limitation on number of retirements and was set out as a note under section 403 of this title prior to the general amendment of Pub. L. 88–643 by section 802 of Pub. L. 102–496.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.

§2056 Eligibility for Annuity