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5 U.S.C. § 8311 — Definitions
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) a Member of Congress as defined by [section 2106 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2106&num=0&edition=prelim) and a Delegate to Congress;
(C) a member or former member of a uniformed service; and
(D) an individual employed by the government of the District of Columbia;
(2) “annuity” means a retirement benefit, including a disability insurance benefit and a dependent’s or survivor’s benefit under subchapter II of chapter 7 of title 42, and a monthly annuity under section 228b or 228e of title 45, payable by an agency of the Government of the United States or the government of the District of Columbia on the basis of service as a civilian employee and other service which is creditable to an employee toward the benefit under the statute, regulation, or agreement which provides the benefit, but does not include—
(A) a benefit provided under statutes administered by the Department of Veterans Affairs;
(B) pay or compensation which may not be diminished under section 1 of Article III of the Constitution of the United States;
(C) that portion of a benefit payable under subchapter II of chapter 7 of title 42 which would be payable without taking into account, for any of the purposes of that subchapter, including determinations of periods of disability under [section 416(i) of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section416/i&num=0&edition=prelim), pay for services as an employee;
(D) monthly annuity awarded under section 228b or 228e of
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Stable record: federal_law:legal_authorities:record_usc_840c9d81a26d207d5fab4d79
Source file: Laws/federal/codes/united-states-code/title-5/section-8311-definitions--9ff5a1537b.md
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Source location: Title 5, Chapter 83, § 8311; chapter-083-retirement.md
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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) a Member of Congress as defined by [section 2106 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2106&num=0&edition=prelim) and a Delegate to Congress;
(C) a member or former member of a uniformed service; and
(D) an individual employed by the government of the District of Columbia;
(2) “annuity” means a retirement benefit, including a disability insurance benefit and a dependent’s or survivor’s benefit under subchapter II of chapter 7 of title 42, and a monthly annuity under section 228b or 228e of title 45, payable by an agency of the Government of the United States or the government of the District of Columbia on the basis of service as a civilian employee and other service which is creditable to an employee toward the benefit under the statute, regulation, or agreement which provides the benefit, but does not include—
(A) a benefit provided under statutes administered by the Department of Veterans Affairs;
(B) pay or compensation which may not be diminished under section 1 of Article III of the Constitution of the United States;
(C) that portion of a benefit payable under subchapter II of chapter 7 of title 42 which would be payable without taking into account, for any of the purposes of that subchapter, including determinations of periods of disability under [section 416(i) of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section416/i&num=0&edition=prelim), pay for services as an employee;
(D) monthly annuity awarded under section 228b or 228e of title 45 before September 26, 1961, whether or not computed under [section 228c(e) of title 45](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section228c/e&num=0&edition=prelim);
(E) that portion of an annuity awarded under section 228b or 228e of title 45 after September 25, 1961, which would be payable without taking into account military service creditable under [section 228c–1 of title 45](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section228c–1&num=0&edition=prelim);
(F) a retirement benefit, including a disability insurance benefit and a dependent’s or survivor’s benefit under subchapter II of chapter 7 of title 42, awarded before September 1, 1954, to an individual or his survivor or beneficiary, insofar as the individual, before September 1, 1954—
(i) was convicted of an offense named by subsection (b) of [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 subsection; or
(ii) violated section 8314 or 8315(a)(1) of this title; or
(G) a retirement benefit, including a disability insurance benefit and a dependent’s or survivor’s benefit under subchapter II of chapter 7 of title 42, awarded before September 26, 1961, to an individual or his survivor or beneficiary, insofar as the individual, before September 26, 1961—
(i) was convicted of an offense named by subsection (c) of [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 subsection; or
(ii) 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); and
(3) “retired pay” means retired pay, retirement pay, retainer pay, or equivalent pay, payable under a statute to a member or former member of a uniformed service, and an annuity payable to an eligible beneficiary of the member or former member under chapter 73 of title 10 or section 5 of the Uniformed Services Contingency Option Act of 1953 (67 Stat. 504), but does not include—
(A) a benefit provided under statutes administered by the Department of Veterans Affairs;
(B) retired pay, retirement pay, retainer pay, or equivalent pay, awarded before September 1, 1954, to an individual, insofar as the individual, before September 1, 1954—
(i) was convicted of an offense named by subsection (b) of [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 subsection; or
(ii) violated section 8314 or 8315(a)(1) of this title;
(C) retired pay, retirement pay, retainer pay, or equivalent pay, awarded before September 26, 1961, to an individual, insofar as the individual, before September 26, 1961—
(i) was convicted of an offense named by subsection (c) of [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 subsection; or
(ii) 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); or
(D) an annuity payable to an eligible beneficiary of an individual under chapter 73 of title 10 or section 5 of the Uniformed Services Contingency Option Act of 1953 (67 Stat. 504), if the annuity was awarded to the beneficiary, or if retired pay was awarded to the individual, before September 26, 1961, insofar as the individual, on the basis of whose service the annuity was awarded, before September 26, 1961—
(i) 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
(ii) violated section 8314 or 8315 of this title.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** For the purpose of this title, “employee”, except as otherwise provided by this section or when specifically modified, means an officer and an individual who is—
(1) appointed in the civil service by one of the following acting in an official capacity—
(A) the President;
(B) a Member or Members of Congress, or the Congress;
(C) a member of a uniformed service;
(D) an individual who is an employee under this section;
(E) the head of a Government controlled corporation; or
(F) an adjutant general designated by the Secretary concerned under [section 709(c) of title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section709/c&num=0&edition=prelim);
(2) engaged in the performance of a Federal function under authority of law or an Executive act; and
(3) subject to the supervision of an individual named by paragraph (1) of this subsection while engaged in the performance of the duties of his position.
**(b)** An individual who is employed at the United States Naval Academy in the midshipmen’s laundry, the midshipmen’s tailor shop, the midshipmen’s cobbler and barber shops, and the midshipmen’s store, except an individual employed by the Academy dairy (if any), and whose employment in such a position began before October 1, 1996, and has been uninterrupted in such a position since that date is deemed an employee.
**(c)** An employee paid from nonappropriated funds of the Army and Air Force Exchange Service, Navy Ships Stores Program, Navy exchanges, Marine Corps exchanges, Coast Guard exchanges, and other instrumentalities of the United States under the jurisdiction of the armed forces conducted for the comfort, pleasure, contentment, and mental and physical improvement of personnel of the armed forces is deemed not an emp
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 2105
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Federal law — U.S. Code and appendices · legal_authorities
For the purpose of this title, “Member of Congress” means the Vice President, a member of the Senate or the House of Representatives, a Delegate to the House of Representatives, and the Resident Commissioner from Puerto Rico.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 2106
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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)** 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
Page 968
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§ 8301
(f) APPROPRIATIONS.—There are authorized to
be appropriated such sums as may be necessary
to carry out this subchapter.
(Added Pub. L. 90–291, § 1(a), Apr. 19, 1968, 82
Stat. 99; amended Pub. L. 94–183, § 2(31), Dec. 31,
1975, 89 Stat. 1058.)
Editorial Notes
AMENDMENTS
1975—Subsec. (f). Pub. L. 94–183 redesignated subsec.
(e), relating to appropriations, as subsec. (f).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective only with respect to personal inju-
ries sustained on or after Apr. 19, 1968, see section 2 of
Pub. L. 90–291, set out as a note under section 8191 of
this title.
CHAPTER 83—RETIREMENT
SUBCHAPTER I—GENERAL PROVISIONS
Sec.
8301.
Uniform retirement date.
SUBCHAPTER II—FORFEITURE OF ANNUITIES
AND RETIRED PAY
8311.
Definitions.
8312.
Conviction of certain offenses.
8313.
Absence from the United States to avoid pros-
ecution.
8314.
Refusal to testify.
8315.
Falsifying employment applications.
8316.
Refund of contributions and deposits.
8317.
Repayment of annuity or retired pay properly
paid; waiver.
8318.
Restoration of annuity or retired pay.
8319.
Removal of members of the uniformed serv-
ices from rolls; restoration; reappointment.
8320.
Offense or violation committed in compliance
with orders.
8321.
Liability of accountable employees.
8322.
Effect on other statutes.
SUBCHAPTER III—CIVIL SERVICE RETIREMENT
8331.
Definitions.
8332.
Creditable service.
8333.
Eligibility for annuity.
8334.
Deductions, contributions, and deposits.
8335.
Mandatory separation.
8336.
Immediate retirement.
8336a.
Phased retirement.
8337.
Disability retirement.
8338.
Deferred retirement.
8339.
Computation of annuity.
8340.
Cost-of-l
Source: Supplied 2024 U.S. Code historical extraction · 5 U.S.C. § 8311
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.