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5 U.S.C. § 8319 — Removal of members of the uniformed services from rolls; restoration; reappointment
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.
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Source file: Laws/federal/codes/united-states-code/title-5/section-8319-removal-of-members-of-the-uniformed-services-from-rolls-restoration-reap--4922b2502b.md
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Source location: Title 5, Chapter 83, § 8319; chapter-083-retirement.md
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**(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.
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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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 8322
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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
Page 974
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§ 8317
§ 8317. Repayment of annuity or retired pay
properly paid; waiver
(a) An individual, or his survivor or bene-
ficiary, to whom payment of annuity is denied
under this subchapter is not thereafter required
to repay that part of the annuity otherwise
properly paid to the individual, or to his sur-
vivor or beneficiary on the basis of the service of
the individual, which is in excess of the aggre-
gate amount of the contributions of the indi-
vidual toward the annuity, with applicable in-
terest.
(b) An individual, including an eligible bene-
ficiary under chapter 73 of title 10 or section 5 of
the Uniformed Services Contingency Option Act
of 1953 (67 Stat. 504), to whom payment of retired
pay is denied under this subchapter is not there-
after required to repay retired pay otherwise
properly paid to the individual or beneficiary
which is paid in violation of this subchapter.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 563.)
HISTORICAL AND REVISION NOTES
Derivation
U.S. Code
Revised Statutes and
Statutes at Large
(a) .............
5 U.S.C. 2284(c), (d).
Sept. 26, 1961, Pub. L. 87–299,
§ 1 ‘‘Sec. 4(c), (d)’’, 75 Stat.
644.
(b) .............
5 U.S.C. 2284a(a).
Sept. 26, 1961, Pub. L. 87–299,
§ 1 ‘‘Sec. 5(a)’’, 75 Stat.
645.
The words ‘‘and section 3282 of Title 18’’ are omitted
as unnecessary.
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 5 of the Uniformed Services Contingency Op-
tion Act of 1953 (67 Stat. 504), referred to in text, is cov-
ered by section 1438 of Table 10, Armed Forces.
§ 8318. Restoration of annuity or retired pay
(a) If an indiv
Source: Supplied 2024 U.S. Code historical extraction · 5 U.S.C. § 8319
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