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5 U.S.C. § 8316 — Refund of contributions and deposits
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
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Stable record: federal_law:legal_authorities:record_usc_55c3c5743af54b81cbdf3c4a
Source file: Laws/federal/codes/united-states-code/title-5/section-8316-refund-of-contributions-and-deposits--680630ba38.md
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Source location: Title 5, Chapter 83, § 8316; chapter-083-retirement.md
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**(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, interest may not be computed—
(1) if the individual was convicted of an offense named by [section 8312(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8312/b&num=0&edition=prelim), or violated section 8314 or 8315(a)(1) of this title, for the period after the conviction or commission of the violation, or after September 1, 1954, whichever is later; or
(2) if the individual was convicted of an offense named by [section 8312(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8312/c&num=0&edition=prelim), or violated [section 8315(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8315/a/2&num=0&edition=prelim), for the period after the conviction or commission of the violation, or after September 26, 1961, whichever is later.
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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)** In the settlement of the accounts of a deceased member of the armed forces, an amount due from the armed force of which he was a member shall be paid to the person highest on the following list living on the date of death:
(1) Beneficiary designated by him in writing to receive such an amount, if the designation is received, before the deceased member’s death, at the place named in regulations to be prescribed by the Secretary concerned.
(2) Surviving spouse.
(3) Children and their descendants, by representation.
(4) Father and mother in equal parts or, if either is dead, the survivor.
(5) Legal representative.
(6) Person entitled under the law of the domicile of the deceased member.
**(b)** Designations and changes of designation of beneficiaries under subsection (a)(1) are subject to regulations to be prescribed by the Secretary concerned. So far as practicable, these regulations shall be uniform for the uniformed services.
**(c)** Payments under subsection (a) shall be made by the Secretary of Defense.
**(d)** A payment under this section bars recovery by any other person of the amount paid.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2771
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** An individual, or his survivor or beneficiary, may not be paid annuity or retired pay on the basis of the service of the individual which is creditable toward the annuity or retired pay, subject to the exceptions in section 8311(2) and (3) of this title, if the individual—
(1) was convicted, before, on, or after September 1, 1954, of an offense named by subsection (b) of this section, to the extent provided by that subsection; or
(2) was convicted, before, on, or after September 26, 1961, of an offense named by subsection (c) of this section, to the extent provided by that subsection.
The prohibition on payment of annuity or retired pay applies—
(A) with respect to the offenses named by subsection (b) of this section, to the period after the date of the conviction or after September 1, 1954, whichever is later; and
(B) with respect to the offenses named by subsection (c) of this section, to the period after the date of conviction or after September 26, 1961, whichever is later.
**(b)** The following are the offenses to which subsection (a) of this section applies if the individual was convicted before, on, or after September 1, 1954:
(1) An offense within the purview of—
(A) section 792 (harboring or concealing persons), 793 (gathering, transmitting, or losing defense information), 794 (gathering or delivering defense information to aid foreign government), or 798 (disclosure of classified information), of chapter 37 (relating to espionage and censorship) of title 18;
(B) chapter 105 (relating to sabotage) of title 18;
(C) section 2381 (treason), 2382 (misprision of treason), 2383 (rebellion or insurrection), 2384 (seditious conspiracy), 2385 (advocating overthrow of government), 2387 (activities affecting armed forces generally), 2388 (activities
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 8312
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Federal law — U.S. Code and appendices · legal_authorities
If, for any period, a person who has been retired or has become entitled to retired or retainer pay, and who has elected an annuity under this subchapter, is not entitled to retired or retainer pay, he must deposit in the Treasury the amount that would otherwise have been deducted from his pay for that period to provide the annuity.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1438
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** If an individual who was convicted, before, on, or after September 1, 1954, of—
(1) 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); or
(2) an offense constituting a violation of section 8314 or 8315 of this title;
is pardoned by the President, the right of the individual and his survivor or beneficiary to receive annuity or retired pay previously denied under this subchapter is restored as of the date of the pardon.
**(b)** The President may restore, effective as of the date he prescribes, the right to receive annuity or retired pay which is denied, before, on, or after September 1, 1954, under section 8314 or 8315 of this title, to the individual and to his survivor or beneficiary.
**(c)** Payment of annuity or retired pay which results from pardon or restoration by the President under subsection (a) or (b) of this section may not be made for a period before—
(1) the date of pardon referred to by subsection (a) of this section; or
(2) the effective date of restoration referred to by subsection (b) of this section.
**(d)** Credit for a period of service covered by a refund under [section 8316 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8316&num=0&edition=prelim) is allowed only after the amount refunded has been redeposited.
**(e)** The spouse of an individual whose annuity or retired pay is forfeited under section 8312 or 8313 after the date of enactment of this subsection shall be eligible for spousal pension benefits if the Attorney General of the United States determines that the spouse fully cooperated with Federal authorities in the conduct of a criminal investigation and subsequent prosecution of the
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 8318
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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
Page 973
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§ 8316
on the basis of the service of the individual
which is creditable toward the annuity or re-
tired pay, subject to the exceptions in section
8311(2) and (3) of this title, if the individual
knowingly and willfully made or makes a false,
fictitious, or fraudulent statement or represen-
tation, or knowingly and willfully concealed or
conceals a material fact—
(1) before, on, or after September 1, 1954,
concerning his—
(A) past or present membership in, affili-
ation or association with, or support of the
Communist Party, or a chapter, branch, or
subdivision thereof, in or outside the United
States, or other organization, party, or
group advocating—
(i) the overthrow, by force, violence, or
other unconstitutional means, of the Gov-
ernment of the United States;
(ii) the establishment, by force, violence,
or other unconstitutional means, of a
Communist totalitarian dictatorship in
the United States; or
(iii) the right to strike against the
United States;
(B) conviction of an offense named by sub-
section (b) of section 8312 of this title, to the
extent provided by that subsection; or
(C) failure or refusal to appear, testify, or
produce a book, paper, record, or other docu-
ment, as specified by section 8314 of this
title; or
(2) before, on, or after September 26, 1961,
concerning his conviction of an offense named
by subsection (c) of section 8312 of this title,
to the extent provided by that subsection;
in a document executed by the individual in con-
nection with his employment in, or application
for, a civilian or military office or position in or
under the legislative, executive, or judicial
branch of the Government of the United States
or the government of the District of Columbia
Source: Supplied 2024 U.S. Code historical extraction · 5 U.S.C. § 8316
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