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5 U.S.C. § 8322 — Effect on other statutes
Federal law — U.S. Code and appendices · legal_authorities
This subchapter does not restrict authority under a statute, other than this subchapter, to deny or withhold benefits authorized by statute.
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Source file: Laws/federal/codes/united-states-code/title-5/section-8322-effect-on-other-statutes--605c6274ea.md
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Source location: Title 5, Chapter 83, § 8322; chapter-083-retirement.md
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This subchapter does not restrict authority under a statute, other than this subchapter, to deny or withhold benefits authorized by statute.
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8312&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1438&num=0&edition=prelim) 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;
shall be refunded, on appropriate application therefor—
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8342/c&num=0&edition=prelim) or [section 2771 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2771&num=0&edition=prelim), 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, in
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 8316
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** Except as otherwise expressly provided by law, no person shall be prosecuted, tried, or punished for any offense, not capital, unless the indictment is found or the information is instituted within five years next after such offense shall have been committed.
**(b) DNA Profile Indictment.—**
(1) **In general.—** — In any indictment for an offense under chapter 109A for which the identity of the accused is unknown, it shall be sufficient to describe the accused as an individual whose name is unknown, but who has a particular DNA profile.
(2) **Exception.—** — Any indictment described under paragraph (1), which is found not later than 5 years after the offense under chapter 109A is committed, shall not be subject to—
(A) the limitations period described under subsection (a); and
(B) the provisions of chapter 208 until the individual is arrested or served with a summons in connection with the charges contained in the indictment.
(3) **Defined term.—** — For purposes of this subsection, the term “DNA profile” means a set of DNA identification characteristics.
Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 3282
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The President may drop from the rolls a member of a uniformed service who is deprived of retired pay under this subchapter.
**(b)** The President may restore—
(1) military status to an individual dropped from the rolls to whom retired pay is restored under this subchapter or under section 2 of the Act of September 26, 1961 (75 Stat. 648); and
(2) all rights and privileges to the individual and his beneficiaries of which he or they were deprived because his name was dropped from the rolls.
**(c)** If the individual restored was a commissioned officer, the President alone may reappoint him to the grade and position on the retired list held when his name was dropped from the rolls.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 8319
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Federal law — U.S. Code and appendices · legal_authorities
Page 975
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§ 8331
Standard changes are made to conform with the defi-
nitions applicable and the style of this title as outlined
in the preface to the report.
Editorial Notes
REFERENCES IN TEXT
Section 2 of the Act of September 26, 1961 (75 Stat.
648), referred to in subsec. (b)(1), is set out as a note
under section 8322 of this title.
§ 8320. Offense or violation committed in compli-
ance with orders
When it is established by satisfactory evidence
that an individual—
(1) was convicted of an offense named by sec-
tion 8312 of this title; or
(2) violated section 8314 or 8315 of this title;
as a result of proper compliance with orders
issued, in a confidential relationship, by an
agency or other authority of the Government
of the United States or the government of the
District of Columbia, the right to receive an-
nuity or retired pay may not be denied.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 564.)
HISTORICAL AND REVISION NOTES
Derivation
U.S. Code
Revised Statutes and
Statutes at Large
..................
5 U.S.C. 2285(c).
Sept. 26, 1961, Pub. L. 87–299,
§ 1 ‘‘Sec. 6(c)’’, 75 Stat.
645.
The reference to conviction of an offense which con-
stitutes a violation of former section 2283 (which is car-
ried into this title as sections 8314 and 8315) is omitted
as being covered by the words ‘‘violated section 8314 or
8315 of this title’’ which are added on authority of the
words ‘‘conviction or violation’’ in former section
2285(c).
Standard changes are made to conform with the defi-
nitions applicable and the style of this title as outlined
in the preface to the report.
§ 8321. Liability of accountable employees
An accountable employee may not be held re-
sponsible for a payment made in violation of
t
Source: Supplied 2024 U.S. Code historical extraction · 5 U.S.C. § 8322
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