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5 U.S.C. § 8338 — Deferred retirement

Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 8338 — Deferred retirement

**(a)** An employee who is separated from the service or transferred to a position in which he does not continue subject to this subchapter after completing 5 years of civilian service is entitled to an annuity beginning at the age of 62 years. **(b)** A Member who, after December 31, 1955, is separated from the service as a Member after completing 5 years of civilian service is entitled to an annuity beginning at the age of 62 years. A Member who is separated from the service after completing 10 or more years of Member service is entitled to an annuity beginning at the age of 60 years. A Member who is separated from the service after completing 20 or more years of service, including 10 or more years of Member service, is entitled to a reduced annuity beginning at the age of 50 years. **(c)** A judge of the United States Court of Appeals for the Armed Forces who is separated from the service after completing 5 years of civilian service is entitled to an annuity beginning at the age of 62 years. A judge of such court who is separated from the service after completing the term of service for which he was appointed is entitled to an annuity. If an annuity is elected before the judge becomes 60 years of age, it shall be a reduced annuity. **(d)** An annuity or reduced annuity authorized by this section is computed under [section 8339 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8339&num=0&edition=prelim).

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Source location: Title 5, Chapter 83, § 8338; chapter-083-retirement.md

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 8339 — Computation of annuity

**(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

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 8340 — Cost-of-living adjustment of annuities

**(a)** For the purpose of this section— (1) the term “base quarter”, as used with respect to a year, means the calendar quarter ending on September 30, of such year; and (2) the price index for a base quarter is the arithmetical mean of such index for the 3 months comprising such quarter. **(b)** Except as provided in subsection (c) of this section, effective December 1 of each year, each annuity payable from the Fund having a commencing date not later than such December 1 shall be increased by the percent change in the price index for the base quarter of such year over the price index for the base quarter of the preceding year in which an adjustment under this subsection was made, adjusted to the nearest ⅒ of 1 percent. **(c)** Eligibility for an annuity increase under this section is governed by the commencing date of each annuity payable from the Fund as of the effective date of an increase, except as follows: (1) The first increase (if any) made under subsection (b) of this section to an annuity which is payable from the Fund to an employee or Member who retires, to the widow, widower, or former spouse,11 So in original. The comma probably should not appear. of a deceased employee or Member, or to the widow, widower, former spouse, or insurable interest designee of a deceased annuitant whose annuity has not been increased under this subsection or subsection (b) of this section, shall be equal to the product (adjusted to the nearest ⅒ of 1 percent) of— (A) 1⁄12 of the applicable percent change computed under subsection (b) of this section, multiplied by (B) the number of months (not to exceed 12 months, counting any portion of a month as a month)— (i) for which the annuity was payable from the Fund before the effective date of the increase, or (

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 8341 — Survivor annuities

**(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

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 8338 — Deferred retirement

Page 1043 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 8338 provision of subchapter I of chapter 81 of this title de- nies to an individual an annuity accruing to him under this subchapter on account of service performed by him, or denies any concurrent benefit to him under subchapter I of chapter 81 of this title on account of the death of another individual.’’ Subsec. (g). Pub. L. 100–238 added subsec. (g) and struck out former subsec. (g) which read as follows: ‘‘The right of an individual entitled to an annuity under this subchapter is not affected because he has re- ceived a lump-sum payment for compensation under section 8135 of this title. However, if the annuity is payable on account of the same disability for which compensation under section 8135 of this title has been paid, so much of the compensation as has been paid for a period extended beyond the date the annuity becomes effective, as determined by the Department of Labor, shall be refunded to that Department to be covered into the Employees’ Compensation Fund. Before the indi- vidual may receive the annuity he shall— ‘‘(1) refund to the Department of Labor the amount representing the commuted compensation payments for the extended period; or ‘‘(2) authorize the deduction of that amount from the annuity payable to him under this subchapter, which amount shall be transmitted to the Depart- ment of Labor for reimbursement to the Employees’ Compensation Fund. Deductions from the annuity may be made from ac- crued and accruing payments. When the Department of Labor finds that the financial circumstances of the an- nuitant warrant deferred refunding, deductions from the annuity may be prorated against and paid from ac- cruing payments in such manner as that Department determines.’’ 1

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