Browse Arkansas Code titles and sections
5 U.S.C. § 8343a — Alternative forms of annuities
Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Office of Personnel Management shall prescribe regulations under which any employee or Member who has a life-threatening affliction or other critical medical condition may, at the time of retiring under this subchapter (other than under [section 8337 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8337&num=0&edition=prelim)), elect annuity benefits under this section instead of any other benefits under this subchapter (including any benefits under [section 8341 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8341&num=0&edition=prelim)) based on the service of the employee or Member.
**(b)** Subject to subsection (c), the Office shall by regulation provide for such alternative forms of annuities as the Office considers appropriate, except that among the alternatives offered shall be—
(1) an alternative which provides for—
(A) payment of the lump-sum credit to the employee or Member; and
(B) payment of an annuity to the employee or Member for life; and
(2) in the case of an employee or Member who is married at the time of retirement, an alternative which provides for—
(A) payment of the lump-sum credit to the employee or Member; and
(B) payment of an annuity to the employee or Member for life, with a survivor annuity payable for the life of a surviving spouse.
**(c)** Each alternative provided for under subsection (b) shall, to the extent practicable, be designed such that the present value of the benefits provided under such alternative (including any lump-sum credit) is actuarially equivalent to the present value of the annuity which would otherwise be provided the employee or Member under this subchapter, as computed under subsections (a)–(i), (n), (q), (r),
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 8343a
Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.
Original supplied file — preserved unchanged
Download original Markdown file
File SHA-256: 7a37c056b1bb244cb3f0238d596e027d170a7f15449064f829a4fc19a6dc1e78. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: historical or unconfirmed source not current law verified.
Open the recorded source website ↗
Record provenance
Stable record: federal_law:legal_authorities:record_usc_5913294786161cddb6022823
Source file: Laws/federal/codes/united-states-code/title-5/section-8343a-alternative-forms-of-annuities--dc84ef6038.md
Pages: Not recorded – Not recorded
Passage SHA-256: 0a982adccb17e27a413d6221691d39950d2532b36f7b21c5b8dc5d1cb6dce962
Source location: Title 5, Chapter 83, § 8343a; chapter-083-retirement.md
Stored source content
**(a)** The Office of Personnel Management shall prescribe regulations under which any employee or Member who has a life-threatening affliction or other critical medical condition may, at the time of retiring under this subchapter (other than under [section 8337 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8337&num=0&edition=prelim)), elect annuity benefits under this section instead of any other benefits under this subchapter (including any benefits under [section 8341 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8341&num=0&edition=prelim)) based on the service of the employee or Member.
**(b)** Subject to subsection (c), the Office shall by regulation provide for such alternative forms of annuities as the Office considers appropriate, except that among the alternatives offered shall be—
(1) an alternative which provides for—
(A) payment of the lump-sum credit to the employee or Member; and
(B) payment of an annuity to the employee or Member for life; and
(2) in the case of an employee or Member who is married at the time of retirement, an alternative which provides for—
(A) payment of the lump-sum credit to the employee or Member; and
(B) payment of an annuity to the employee or Member for life, with a survivor annuity payable for the life of a surviving spouse.
**(c)** Each alternative provided for under subsection (b) shall, to the extent practicable, be designed such that the present value of the benefits provided under such alternative (including any lump-sum credit) is actuarially equivalent to the present value of the annuity which would otherwise be provided the employee or Member under this subchapter, as computed under subsections (a)–(i), (n), (q), (r), and (s) of section 8339.
**(d)** An employee or Member who, at the time of retiring under this subchapter—
(1) is married, shall be ineligible to make an election under this section unless a waiver is made under [section 8339(j)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8339/j/1&num=0&edition=prelim); or
(2) has a former spouse, shall be ineligible to make an election under this section if the former spouse is entitled to benefits under section 8341(h) or 8345(j) of this title (based on the service of the employee or Member) under the terms of a decree of divorce or annulment, or a court order or court-approved property settlement incident to any such decree, with respect to which the Office has been duly notified.
**(e)** An employee or Member who is married at the time of retiring under this subchapter and who makes an election under this section may, during the 18-month period beginning on the date of retirement, make the election provided for under section 8339(o) of this title, subject to the deposit requirement thereunder.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(a)** For the purpose of this section—
(1) “widow” means the surviving wife of an employee or Member who—
(A) was married to him for at least 9 months immediately before his death; or
(B) is the mother of issue by that marriage;
(2) “widower” means the surviving husband of an employee or Member who—
(A) was married to her for at least 9 months immediately before her death; or
(B) is the father of issue by that marriage;
(3) “dependent”, in the case of any child, means that the employee or Member involved was, at the time of the employee or Member’s death, either living with or contributing to the support of such child, as determined in accordance with such regulations as the Office of Personnel Management shall prescribe; and
(4) “child” means—
(A) an unmarried dependent child under 18 years of age, including (i) an adopted child, and (ii) a stepchild but only if the stepchild lived with the employee or Member in a regular parent-child relationship, and (iii) a recognized natural child, and (iv) a child who lived with and for whom a petition of adoption was filed by an employee or Member, and who is adopted by the surviving spouse of the employee or Member after his death;
(B) such unmarried dependent child regardless of age who is incapable of self-support because of mental or physical disability incurred before age 18; or
(C) such unmarried dependent child between 18 and 22 years of age who is a student regularly pursuing a full-time course of study or training in residence in a high school, trade school, technical or vocational institute, junior college, college, university, or comparable recognized educational institution.
For the purpose of this paragraph and subsection (e) of this section, a child whose 22nd birthday occurs before July
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 8341
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a)** An employee who completes 5 years of civilian service and has become disabled shall be retired on the employee’s own application or on application by the employee’s agency. Any employee shall be considered to be disabled only if the employee is found by the Office of Personnel Management to be unable, because of disease or injury, to render useful and efficient service in the employee’s position and is not qualified for reassignment, under procedures prescribed by the Office, to a vacant position which is in the agency at the same grade or level and in which the employee would be able to render useful and efficient service. For the purpose of the preceding sentence, an employee of the United States Postal Service shall be considered not qualified for a reassignment described in that sentence if the reassignment is to a position in a different craft or is inconsistent with the terms of a collective bargaining agreement covering the employee. A judge of the United States Court of Appeals for the Armed Forces who completes 5 years of civilian service and who is found by the Office to be disabled for useful and efficient service as a judge of such court or who is removed for mental or physical disability under [section 942(c) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section942/c&num=0&edition=prelim) shall be retired on the judge’s own application or upon such removal. A Member who completes 5 years of Member service and is found by the Office to be disabled for useful and efficient service as a Member because of disease or injury shall be retired on the Member’s own application. An annuity authorized by this section is computed under [section 8339(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 8337
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
For the purpose of this chapter—
(1) the term “account” means an account established and maintained under [section 8439(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8439/a&num=0&edition=prelim);
(2) the term “annuitant” means a former employee or Member who, on the basis of that individual’s service, meets all requirements for title to an annuity under subchapter II or V of this chapter and files claim therefor;
(3) the term “average pay” means the largest annual rate resulting from averaging an employee’s or Member’s rates of basic pay in effect over any 3 consecutive years of service or, in the case of an annuity under this chapter based on service of less than 3 years, over the total service, with each rate weighted by the period it was in effect;
(4) the term “basic pay” has the meaning given such term by section 8331(3);
(5) the term “Board” means the Federal Retirement Thrift Investment Board established by [section 8472(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8472/a&num=0&edition=prelim);
(6) the term “Civil Service Retirement and Disability Fund” or “Fund” means the Civil Service Retirement and Disability Fund under section 8348;
(7) the term “court” means any court of any State, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, or the Virgin Islands, and any Indian court;
(8) the term “Director” means the Director of the Office of Personnel Management;
(9) the term “dynamic assumptions” means economic assumptions that are used in determining actuarial costs and liabilities of a retirement system and in anticipating the effects of long-term future—
(A) investment yields;
(B) increases in rates of basic p
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 8401
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1)
(A) The employing agency shall deduct and withhold from the basic pay of an employee, Member, Congressional employee, law enforcement officer, firefighter, bankruptcy judge, judge of the United States Court of Appeals for the Armed Forces, United States magistrate,11 So in original. Probably should be “United States magistrate judge,”. Court of Federal Claims judge, member of the Capitol Police, member of the Supreme Court Police, nuclear materials courier, or customs and border protection officer, as the case may be, the percentage of basic pay applicable under subsection (c).
(B)
(i) Except as provided in clause (ii), an equal amount shall be contributed from the appropriation or fund used to pay the employee or, in the case of an elected official, from an appropriation or fund available for payment of other salaries of the same office or establishment. When an employee in the legislative branch is paid by the Chief Administrative Officer of the House of Representatives, the Chief Administrative Officer may pay from the applicable accounts of the House of Representatives the contribution that otherwise would be contributed from the appropriation or fund used to pay the employee.
(ii) In the case of an employee of the United States Postal Service, no amount shall be contributed under this subparagraph.
(2) The amounts so deducted and withheld, together with the amounts so contributed, shall be deposited in the Treasury of the United States to the credit of the Fund under such procedures as the Secretary of the Treasury may prescribe. Deposits made by an employee or Member also shall be credited to the Fund.
**(b)** Each employee or Member is deemed to consent and agree to these deductions from basic pay. Notwithstanding any law or regulat
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 8334
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority for alternative form of annuity** The Director shall prescribe regulations under which any participant who has a life-threatening affliction or other critical medical condition may, at the time of retiring under this subchapter (other than under [section 2051 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2051&num=0&edition=prelim)), elect annuity benefits under this section instead of any other benefits under this subchapter (including any survivor benefits under this subchapter) based on the service of the participant creditable under this subchapter.
**(b) Basis for alternative forms of annuity** The regulations and alternative forms of annuity shall, to the maximum extent practicable, meet the requirements prescribed in [section 8343a of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8343a&num=0&edition=prelim).
**(c) Lump-sum credit** Any lump-sum credit provided pursuant to an election under subsection (a) shall not preclude an individual from receiving other benefits provided under that subsection.
**(d) Submission of regulations to congressional intelligence committees** The Director shall submit the regulations prescribed under subsection (a) to the congressional intelligence committees before the regulations take effect.
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 2143
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
For the purpose of this subchapter—
(1) “employee” means—
(A) an employee as defined by [section 2105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2105&num=0&edition=prelim);
(B) the Architect of the Capitol, an employee of the Architect of the Capitol, and an employee of the Botanic Garden;
(C) a Congressional employee as defined by [section 2107 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2107&num=0&edition=prelim) (other than the Architect of the Capitol, an employee of the Architect of the Capitol, and an employee of the Botanic Garden), after he gives notice in writing to the official by whom he is paid of his desire to become subject to this subchapter;
(D) a temporary Congressional employee appointed at an annual rate of pay, after he gives notice in writing to the official by whom he is paid of his desire to become subject to this subchapter;
(E) a United States Commissioner whose total pay for services performed as Commissioner is not less than $3,000 in each of the last 3 consecutive calendar years ending after December 31, 1954;
(F) an individual employed by a county committee established under [section 590h(b) of title 16](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section590h/b&num=0&edition=prelim);
(G) an individual first employed by the government of the District of Columbia before October 1, 1987;
(H) an individual employed by Gallaudet College;
(I) an individual appointed to a position on the office staff of a former President under section 1(b) of the Act of August 25, 1958 (72 Stat. 838);
(J) an alien (i) who was previously employed by the Government, (ii) who is employed full time by a foreign government
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 8331
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Commencement of annuity**
(1) Except as otherwise provided in paragraph (2), the annuity of a participant who has met the eligibility requirements for an annuity shall commence on the first day of the month after—
(A) separation from the Service occurs; or
(B) pay ceases and the service and age requirements for entitlement to annuity are met.
(2) The annuity of—
(A) a participant who is retired and is eligible for benefits under [section 4009(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4009/a&num=0&edition=prelim) or a participant who is retired under [section 4053 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4053&num=0&edition=prelim) or is otherwise involuntarily separated from the Service, except by removal for cause on charges of misconduct or delinquency,
(B) a participant retiring under [section 4048 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4048&num=0&edition=prelim) due to a disability, and
(C) a participant who serves 3 days or less in the month of retirement—
shall commence on the day after separation from the Service or the day after pay ceases and the requirements for entitlement to annuity are met.
**(b) Survivor’s annuity; application; proof of eligibility; payment to estate** The annuity to a survivor shall become effective as otherwise specified but shall not be paid until the survivor submits an application for such annuity, supported by such proof of eligibility as the Secretary of State may require. If such application or proof of eligibility is not submitted during the lifetime of an otherwise eligible individual, no annuity shall be due or payable to his or her estate.
**(c) Waive
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 4047
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Office shall prescribe regulations under which any employee or Member who has a life-threatening affliction or other critical medical condition may, at the time of retiring under this subchapter, elect annuity benefits under this section instead of any other benefits under this subchapter, and any benefits under subchapter IV of this chapter, based on the service of the employee or Member.
**(b)** Subject to subsection (c), the Office shall by regulation provide for such alternative forms of annuities as the Office considers appropriate, except that among the alternatives offered shall be—
(1) an alternative which provides for—
(A) payment of the lump-sum credit (excluding interest) to the employee or Member; and
(B) payment of an annuity to the employee or Member for life; and
(2) in the case of an employee or Member who is married at the time of retirement, an alternative which provides for—
(A) payment of the lump-sum credit (excluding interest) to the employee or Member; and
(B) payment of an annuity to the employee or Member for life, with a survivor annuity payable for the life of a surviving spouse.
**(c)** Each alternative provided for under subsection (b) shall, to the extent practicable, be designed such that the present value of the benefits provided under such alternative (including any lump-sum credit) is actuarially equivalent to the sum of—
(1) the present value of the annuity which would otherwise be provided under this subchapter, as computed under section 8415; and
(2) the present value of the annuity supplement which would otherwise be provided (if any) under section 8421.
**(d)** An employee or Member who, at the time of retiring under this subchapter—
(1) is married, shall be ineligible to make an election under this
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 8420a
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a)** Except as otherwise provided by this section, the annuity of an employee retiring under this subchapter is—
(1) 1½ percent of his average pay multiplied by so much of his total service as does not exceed 5 years; plus
(2) 1¾ percent of his average pay multiplied by so much of his total service as exceeds 5 years but does not exceed 10 years; plus
(3) 2 percent of his average pay multiplied by so much of his total service as exceeds 10 years.
However, when it results in a larger annuity, 1 percent of his average pay plus $25 is substituted for the percentage specified by paragraph (1), (2), or (3) of this subsection, or any combination thereof.
**(b)** The annuity of a Congressional employee, or former Congressional employee, retiring under this subchapter is computed under subsection (a) of this section, except, if he has had—
(1) at least 5 years’ service as a Congressional employee or Member or any combination thereof; and
(2) deductions withheld from his pay or has made deposit covering his last 5 years of civilian service;
his annuity is computed with respect to his service as a Congressional employee, his military service not exceeding 5 years, and any Member service, by multiplying 2½ percent of his average pay by the years of that service.
**(c)** The annuity of a Member, or former Member with title to Member annuity, retiring under this subchapter is computed under subsection (a) of this section, except, if he has had at least 5 years’ service as a Member or Congressional employee or any combination thereof, his annuity is computed with respect to—
(1) his service as a Member and so much of his military service as is creditable for the purpose of this paragraph; and
(2) his Congressional employee service;
by multiplying 2½ percent of his average
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 8339
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a)** Subject to subsection (j) of this section, an employee or Member who—
(1)
(A) is separated from the service for at least thirty-one consecutive days; or
(B) is transferred to a position in which he is not subject to this subchapter, or chapter 84 of this title, and remains in such a position for at least thirty-one consecutive days;
(2) files an application with the Office of Personnel Management for payment of the lump-sum credit;
(3) is not reemployed in a position in which he is subject to this subchapter, or chapter 84 of this title, at the time he files the application; and
(4) will not become eligible to receive an annuity within thirty-one days after filing the application,
is entitled to be paid the lump-sum credit. Except as provided in section 8343a or 8334(d)(2) of this title, the receipt of the payment of the lump-sum credit by the employee or Member voids all annuity rights under this subchapter based on the service on which the lump-sum credit is based, until the employee or Member is reemployed in the service subject to this subchapter. In applying this subsection to an employee or Member who becomes subject to chapter 84 (other than by an election under title III of the Federal Employees’ Retirement System Act of 1986) and who, while subject to such chapter, files an application with the Office for a payment under this subsection—
(i) entitlement to payment of the lump-sum credit shall be determined without regard to paragraph (1) or (3) if, or to the extent that, such lump-sum credit relates to service of a type described in clauses (i) through (iii) of section 302(a)(1)(C) of the Federal Employees’ Retirement System Act of 1986; and
(ii) if, or to the extent that, the lump-sum credit so relates to service of a type referred to in cl
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 8342
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.