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5 U.S.C. § 8414 — Early retirement
Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) A member of the Senior Executive Service who is removed from the Senior Executive Service for less than fully successful executive performance (as determined under subchapter II of chapter 43 of this title) after completing 25 years of service, or after becoming 50 years of age and completing 20 years of service, is entitled to an annuity.
(2) A member of the Defense Intelligence Senior Executive Service or the Senior Cryptologic Executive Service who is removed from such service for failure to be recertified as a senior executive or for less than fully successful executive performance after completing 25 years of service, or after becoming 50 years of age and completing 20 years of service, is entitled to an annuity.
(3) A member of the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service who is removed from such service for failure to be recertified as a senior executive or for less than fully successful executive performance after completing 25 years of service or after becoming 50 years of age and completing 20 years of service is entitled to an annuity.
**(b)**
(1) Except as provided in paragraphs (2) and (3), an employee who—
(A) is separated from the service involuntarily, except by removal for cause on charges of misconduct or delinquency; or
(B)
(i) has been employed continuously, by the agency in which the employee is serving, for at least the 31-day period ending on the date on which such agency requests the determination referred to in clause (iv);
(ii) is serving under an appointment that is not time limited;
(iii) has not been duly notified that such employee is to be involuntarily separated for misconduct or unacceptable performance;
(iv) is separate 11 So in original. Prob
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Stable record: federal_law:legal_authorities:record_usc_5ed80c40294c68a455958486
Source file: Laws/federal/codes/united-states-code/title-5/section-8414-early-retirement--5f9f12f300.md
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Source location: Title 5, Chapter 84, § 8414; chapter-084-federal-employees-retirement-system.md
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**(a)**
(1) A member of the Senior Executive Service who is removed from the Senior Executive Service for less than fully successful executive performance (as determined under subchapter II of chapter 43 of this title) after completing 25 years of service, or after becoming 50 years of age and completing 20 years of service, is entitled to an annuity.
(2) A member of the Defense Intelligence Senior Executive Service or the Senior Cryptologic Executive Service who is removed from such service for failure to be recertified as a senior executive or for less than fully successful executive performance after completing 25 years of service, or after becoming 50 years of age and completing 20 years of service, is entitled to an annuity.
(3) A member of the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service who is removed from such service for failure to be recertified as a senior executive or for less than fully successful executive performance after completing 25 years of service or after becoming 50 years of age and completing 20 years of service is entitled to an annuity.
**(b)**
(1) Except as provided in paragraphs (2) and (3), an employee who—
(A) is separated from the service involuntarily, except by removal for cause on charges of misconduct or delinquency; or
(B)
(i) has been employed continuously, by the agency in which the employee is serving, for at least the 31-day period ending on the date on which such agency requests the determination referred to in clause (iv);
(ii) is serving under an appointment that is not time limited;
(iii) has not been duly notified that such employee is to be involuntarily separated for misconduct or unacceptable performance;
(iv) is separate 11 So in original. Probably should be “separated”. from the service voluntarily during a period in which, as determined by the Office of Personnel Management (upon request of the agency) under regulations prescribed by the Office—
(I) such agency (or, if applicable, the component in which the employee is serving) is undergoing substantial delayering, substantial reorganization, substantial reductions in force, substantial transfer of function, or other substantial workforce restructuring (or shaping);
(II) a significant percentage of employees serving in such agency (or component) are likely to be separated or subject to an immediate reduction in the rate of basic pay (without regard to subchapter VI of chapter 53, or comparable provisions); or
(III) identified as being in positions which are becoming surplus or excess to the agency’s future ability to carry out its mission effectively; and
(v) as determined by the agency under regulations prescribed by the Office, is within the scope of the offer of voluntary early retirement, which may be made on the basis of—
(I) 1 or more organizational units;
(II) 1 or more occupational series or levels;
(III) 1 or more geographical locations;
(IV) specific periods;
(V) skills, knowledge, or other factors related to a position; or
(VI) any appropriate combination of such factors.22 So in original. Probably should be a semicolon.
after completing 25 years of service, or after becoming 50 years of age and completing 20 years of service, is entitled to an annuity.
(2) An employee under paragraph (1) who is separated as described in subparagraph (A) of such paragraph is not entitled to an annuity under this subsection if the employee has declined a reasonable offer of another position in the employee’s agency for which the employee is qualified, and the offered position is not lower than 2 grades (or pay levels) below the employee’s grade (or pay level) and is within the employee’s commuting area.
(3) Paragraph (1) shall not apply to an employee entitled to an annuity under subsection (d)(1) or (e) of section 8412.
**(c)**
(1) An employee who was hired as a military reserve technician on or before February 10, 1996 (under the provisions of this title in effect before that date), and who is separated from technician service, after becoming 50 years of age and completing 25 years of service, by reason of being separated from the Selected Reserve of the employee’s reserve component or ceasing to hold the military grade specified by the Secretary concerned for the position held by the employee is entitled to an annuity.
(2) An employee who is initially hired as a military technician (dual status) after February 10, 1996, and who is separated from the Selected Reserve or ceases to hold the military grade specified by the Secretary concerned for the position held by the technician—
(A) after completing 25 years of service as a military technician (dual status), or
(B) after becoming 50 years of age and completing 20 years of service as a military technician (dual status),
is entitled to an annuity.
**(d)**
(1) The Secretary of Defense may, during fiscal years 2002 and 2003, carry out a program under which an employee of the Department of Defense may be separated from the service entitled to an immediate annuity under this subchapter if the employee—
(A) has—
(i) completed 25 years of service; or
(ii) become 50 years of age and completed 20 years of service; and
(B) is eligible for the annuity under paragraph (2) or (3).
(2)
(A) For the purposes of paragraph (1), an employee referred to in that paragraph is eligible for an immediate annuity under this paragraph if the employee—
(i) is separated from the service involuntarily other than for cause; and
(ii) has not declined a reasonable offer of another position in the Department of Defense for which the employee is qualified, which is not lower than 2 grades (or pay levels) below the employee’s grade (or pay level), and which is within the employee’s commuting area.
(B) For the purposes of paragraph (2)(A)(i), a separation for failure to accept a directed reassignment to a position outside the commuting area of the employee concerned or to accompany a position outside of such area pursuant to a transfer of function may not be considered to be a removal for cause.
(3) For the purposes of paragraph (1), an employee referred to in that paragraph is eligible for an immediate annuity under this paragraph if the employee satisfies all of the following conditions:
(A) The employee is separated from the service voluntarily during a period in which the organization within the Department of Defense in which the employee is serving is undergoing a major organizational adjustment.
(B) The employee has been employed continuously by the Department of Defense for more than 30 days before the date on which the head of the employee’s organization requests the determinations required under subparagraph (A).
(C) The employee is serving under an appointment that is not limited by time.
(D) The employee is not in receipt of a decision notice of involuntary separation for misconduct or unacceptable performance.
(E) The employee is within the scope of an offer of voluntary early retirement, as defined on the basis of one or more of the following objective criteria:
(i) One or more organizational units.
(ii) One or more occupational groups, series, or levels.
(iii) One or more geographical locations.
(iv) Any other similar objective and nonpersonal criteria that the Office of Personnel Management determines appropriate.
(4) Under regulations prescribed by the Office of Personnel Management, the determinations of whether an employee meets—
(A) the requirements of subparagraph (A) of paragraph (3) shall be made by the Office upon the request of the Secretary of Defense; and
(B) the requirements of subparagraph (E) of such paragraph shall be made by the Secretary of Defense.
(5) A determination of which employees are within the scope of an offer of early retirement shall be made only on the basis of consistent and well-documented application of the relevant criteria.
(6) In this subsection, the term “major organizational adjustment” means any of the following:
(A) A major reorganization.
(B) A major reduction in force.
(C) A major transfer of function.
(D) A workforce restructuring—
(i) to meet mission needs;
(ii) to achieve one or more reductions in strength;
(iii) to correct skill imbalances; or
(iv) to reduce the number of high-grade, managerial, supervisory, or similar positions.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Attorney General may by regulation establish a personnel system for senior personnel within the Federal Bureau of Investigation and the Drug Enforcement Administration to be known as the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service (hereinafter in this subchapter referred to as the “FBI–DEA Senior Executive Service”). The regulations establishing the FBI–DEA Senior Executive Service shall—
(1) meet the requirements set forth in section 3131 for the Senior Executive Service;
(2) provide that positions in the FBI–DEA Senior Executive Service meet requirements that are consistent with the provisions of section 3132(a)(2);
(3) provide rates of pay for the FBI–DEA Senior Executive Service that are not in excess of the maximum rate or less than the minimum rate of basic pay established for the Senior Executive Service under section 5382 and that are adjusted at the same time and to the same extent as rates of basic pay for the Senior Executive Service are adjusted;
(4) provide a performance appraisal system for the FBI–DEA Senior Executive Service that conforms to the provisions of subchapter II of chapter 43;
(5) provide for—
(A) removal consistent with section 3592;
(B) reduction-in-force procedures consistent with section 3595(a), together with measures to ensure that a member of the FBI–DEA Senior Executive Service may not be removed due to a reduction in force unless reasonable efforts to place such member in another such position are first taken;
(C) procedures in accordance with which any furlough affecting the FBI–DEA Senior Executive Service shall be carried out;
(D) removal or suspension consistent with subsections (a), (b), and (c) of section 7543 (except that any hearing or appeal to whic
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 3151
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** An employee who is separated from the service after becoming 55 years of age and completing 30 years of service is entitled to an annuity.
**(b)** An employee who is separated from the service after becoming 60 years of age and completing 20 years of service is entitled to an annuity.
**(c)**
(1) An employee who is separated from the service after becoming 50 years of age and completing 20 years of service as a law enforcement officer, firefighter, nuclear materials courier, or customs and border protection officer, or any combination of such service totaling at least 20 years, is entitled to an annuity.
(2) An employee is entitled to an annuity if the employee—
(A) was a law enforcement officer or firefighter employed by the Panama Canal Company or the Canal Zone Government at any time during the period beginning March 31, 1979, and ending September 30, 1979; and
(B) is separated from the service before January 1, 2000, after becoming 48 years of age and completing 18 years of service as a law enforcement officer or firefighter, or any combination of such service totaling at least 18 years.
(3)
(A) In this paragraph—
(i) the term “affected individual” means an individual covered under this subchapter who—
(I) is performing service in a covered position;
(II) while on duty, becomes ill or is injured as a direct result of the performance of such duties before the date on which the individual becomes entitled to an annuity under paragraph (1) of this subsection or subsection (e), (m), or (n), as applicable;
(III) because of the illness or injury described in subclause (II), is permanently unable to render useful and efficient service in the employee’s covered position, as determined by the agency in which the individual was
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 8336
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Activities** The Center shall—
(1) receive, aggregate, analyze, and secure, using processes consistent with the processes developed pursuant to the Cybersecurity Information Sharing Act of 2015 ([6 U.S.C. 1501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section1501&num=0&edition=prelim) et seq.) reports from covered entities related to a covered cyber incident to assess the effectiveness of security controls, identify tactics, techniques, and procedures adversaries use to overcome those controls and other cybersecurity purposes, including to assess potential impact of cyber incidents on public health and safety and to enhance situational awareness of cyber threats across critical infrastructure sectors;
(2) coordinate and share information with appropriate Federal departments and agencies to identify and track ransom payments, including those utilizing virtual currencies;
(3) leverage information gathered about cyber incidents to—
(A) enhance the quality and effectiveness of information sharing and coordination efforts with appropriate entities, including agencies, sector coordinating councils, Information Sharing and Analysis Organizations, State, local, Tribal, and territorial governments, technology providers, critical infrastructure owners and operators, cybersecurity and cyber incident response firms, and security researchers; and
(B) provide appropriate entities, including sector coordinating councils, Information Sharing and Analysis Organizations, State, local, Tribal, and territorial governments, technology providers, cybersecurity and cyber incident response firms, and security researchers, with timely, actionable, and anonymized reports of cyber incident campaigns and trends, including, to the maximum extent practicable
Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 101
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Retirement conditions; definitions**
(1) Any participant may be retired under the conditions specified in [section 4051 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4051&num=0&edition=prelim) and shall be retired under the conditions specified in sections 4052 and 4053 of this title and receive benefits under this part.
(2) For the purposes of this subsection—
(A) the term “participant”, as used in the sections referred to in paragraph (1), means a participant in the Foreign Service Pension System; and
(B) the term “System”, as used in those sections, means the Foreign Service Pension System.
(3) For purposes of any annuity computation under this subsection, the average pay (as used in section 8414 11 See References in Text note below. of title 5) of any member of the Service whose official duty station is outside the continental United States shall be considered to be the salary that would have been paid to the member had the member’s official duty station been Washington, D.C., including locality-based comparability payments under [section 5304 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5304&num=0&edition=prelim) that would have been payable to the member if the member’s official duty station had been Washington, D.C.
**(b) Voluntary or mandatory retirement with authorization for immediate annuity; computation of annuity**
(1) Any participant who retires voluntarily or mandatorily under section 4007, 4008, 4010a, 4051, 4052, or 4053 of this title under conditions authorizing an immediate annuity for participants in the Foreign Service Retirement and Disability System or for participants in the Foreign Service Pension System, and who has completed at least 5 years
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 4071d
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Federal law — U.S. Code and appendices · legal_authorities
Page 1121
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§ 8414
ing any adjustments made under section 8462;
and
(B) the product obtained by multiplying—
(i) the amount of an annuity computed
under section 8412 that would have been pay-
able at the time of full retirement if the in-
dividual had not elected a phased retirement
and as if the individual was employed on a
full-time basis in the position occupied dur-
ing the phased retirement period and before
any adjustment to provide for a survivor an-
nuity; by
(ii) the working percentage.
(2) After computing a composite retirement
annuity under paragraph (1), the Director shall
adjust the amount of the annuity for any appli-
cable reductions for a survivor annuity.
(3) A composite retirement annuity shall be
adjusted in accordance with section 8462, except
that subsection (c)(1) of that section shall not
apply.
(4) In computing a composite retirement annu-
ity under paragraph (1)(B)(i), the unused sick
leave to the credit of a phased retiree at the
time of entry into full retirement status shall be
adjusted by dividing the number of hours of un-
used sick leave by the working percentage.
(g)(1) Under such procedures and conditions as
the Director may provide, and with the concur-
rence of the head of employing agency, a phased
retiree may elect to terminate phased retire-
ment status and return to a full-time work
schedule.
(2) Upon entering a full-time work schedule
based on an election under paragraph (1), the
phased retirement annuity of a phased retiree
shall terminate.
(3) After termination of the phased retirement
annuity under this subsection, the individual’s
rights under this chapter shall be determined
based on the law in effect at the time of any
subsequent separation from servic
Source: Supplied 2024 U.S. Code historical extraction · 5 U.S.C. § 8414
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