Browse Arkansas Code titles and sections
5 U.S.C. § 8421a — Reductions on account of earnings from work performed while entitled to an annuity supplement
Federal law — U.S. Code and appendices · legal_authorities
**(a)** Except as provided in subsection (c), the amount of the annuity supplement to which an individual is entitled under section 8421 for any month (determined without regard to subsection (c) of such section) shall be reduced by the amount of any excess earnings of such individual which are required to be charged to such supplement for such month, as determined under subsection (b).
**(b)** The amount of an individual’s excess earnings shall be charged to months as follows:
(1)
(A) There shall be charged to each month of a year under subsection (a) an amount equal to the individual’s excess earnings (as determined under paragraph (2) with respect to such year), divided by the number of the individual’s supplement entitlement months for such year (as determined under paragraph (3)).
(B) Notwithstanding subparagraph (A), the amount charged to a month under subsection (a) may not exceed the amount of the annuity supplement to which the individual is entitled under section 8421 for such month (determined without regard to subsection (c) of such section).
(2) The excess earnings based on which reductions under subsection (a) shall be made with respect to an individual in a year—
(A) shall be equal to 50 percent of so much of such individual’s earnings for the immediately preceding year as exceeds the applicable exempt amount for such preceding year; but
(B) may not exceed the total amount of the annuity supplement payments to which such individual was entitled for such preceding year under section 8421 (determined without regard to subsection (c) of such section, and without regard to this section).
(3)
(A) Subject to subparagraph (B), the number of an individual’s supplement entitlement months for a year shall be 12.
(B) The number determined under
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 8421a
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: 6bb34b070f5dba3e108c3ff0f9c55d7a411a162aba1a92b04bc4605f3f1d5028. 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_c8e516422b1d9d7283fcae75
Source file: Laws/federal/codes/united-states-code/title-5/section-8421a-reductions-on-account-of-earnings-from-work-performed-while-entitled-to--93b56570f0.md
Pages: Not recorded – Not recorded
Passage SHA-256: bdfc880de563ddf8f25a5e15c40aa6467b3dbd9e1775e595bc0d0e080161a1ac
Source location: Title 5, Chapter 84, § 8421a; chapter-084-federal-employees-retirement-system.md
Stored source content
**(a)** Except as provided in subsection (c), the amount of the annuity supplement to which an individual is entitled under section 8421 for any month (determined without regard to subsection (c) of such section) shall be reduced by the amount of any excess earnings of such individual which are required to be charged to such supplement for such month, as determined under subsection (b).
**(b)** The amount of an individual’s excess earnings shall be charged to months as follows:
(1)
(A) There shall be charged to each month of a year under subsection (a) an amount equal to the individual’s excess earnings (as determined under paragraph (2) with respect to such year), divided by the number of the individual’s supplement entitlement months for such year (as determined under paragraph (3)).
(B) Notwithstanding subparagraph (A), the amount charged to a month under subsection (a) may not exceed the amount of the annuity supplement to which the individual is entitled under section 8421 for such month (determined without regard to subsection (c) of such section).
(2) The excess earnings based on which reductions under subsection (a) shall be made with respect to an individual in a year—
(A) shall be equal to 50 percent of so much of such individual’s earnings for the immediately preceding year as exceeds the applicable exempt amount for such preceding year; but
(B) may not exceed the total amount of the annuity supplement payments to which such individual was entitled for such preceding year under section 8421 (determined without regard to subsection (c) of such section, and without regard to this section).
(3)
(A) Subject to subparagraph (B), the number of an individual’s supplement entitlement months for a year shall be 12.
(B) The number determined under subparagraph (A) shall be reduced so as not to include any month after which such individual ceases to be entitled to an annuity supplement by reason of section 8421(a)(3)(B), relating to cessation of entitlement upon attaining age 62.
(4)
(A) For purposes of this section, and except as provided in subparagraph (B), the “earnings” and the “applicable exempt amount” of an individual shall be determined in a manner consistent with applicable provisions of section 203 of the Social Security Act.
(B) For purposes of this section—
(i) in determining the excess earnings of any individual, only earnings attributable to periods during which such individual was entitled to an annuity supplement under section 8421 shall be considered; and
(ii) any earnings attributable to a period before attaining the applicable retirement age under section 8412(h) shall not be considered in determining the excess earnings of an individual who retires under section 8412(d)(1) or (e), or section 8414(c).
(5) Notwithstanding paragraphs (1) through (4), the reduction required by subsection (a) shall be effective with respect to the annuity supplement payable for each month in the 12-month period beginning on the first day of the seventh month after the end of the calendar year in which the excess earnings were earned.
**(c)** This section shall not apply to an individual described in section 8412(e) during any period in which the individual, after separating from the service as described in that section, is employed as an—
(1) air traffic control instructor, or supervisor thereof, under contract with the Federal Aviation Administration, including an instructor or supervisor working at an on-site facility (such as an airport); or
(2) air traffic controller pursuant to a contract made with the Secretary of Transportation under [section 47124 of title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section47124&num=0&edition=prelim).
**(d)** The Office shall prescribe regulations under which this section shall be applied in the case of a reemployed annuitant.
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)** 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
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) Maximum benefits**
(1) In the case of an individual whose primary insurance amount has been computed or recomputed under section 415(a)(1) or (4) of this title, or [section 415(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section415/d&num=0&edition=prelim), as in effect after December 1978, the total monthly benefits to which beneficiaries may be entitled under section 402 or 423 of this title for a month on the basis of the wages and self-employment income of such individual shall, except as provided by paragraphs (3) and (6) (but prior to any increases resulting from the application of paragraph (2)(A)(ii)(III) of [section 415(i) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section415/i&num=0&edition=prelim)), be reduced as necessary so as not to exceed—
(A) 150 percent of such individual’s primary insurance amount to the extent that it does not exceed the amount established with respect to this subparagraph by paragraph (2),
(B) 272 percent of such individual’s primary insurance amount to the extent that it exceeds the amount established with respect to subparagraph (A) but does not exceed the amount established with respect to this subparagraph by paragraph (2),
(C) 134 percent of such individual’s primary insurance amount to the extent that it exceeds the amount established with respect to subparagraph (B) but does not exceed the amount established with respect to this subparagraph by paragraph (2), and
(D) 175 percent of such individual’s primary insurance amount to the extent that it exceeds the amount established with respect to subparagraph (C).
Any such amount that is not a multiple of $0.10 shall be decreased to the next lower multiple of $0.10.
(2)
(A) F
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 403
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) Government Relief From Liability.—** The Secretary of Transportation shall ensure that an agreement under this subchapter with a qualified entity (as determined by the Secretary), State, or a political subdivision of a State to allow the entity, State, or subdivision to operate an airport facility relieves the United States Government from any liability arising out of, or related to, acts or omissions of employees of the entity, State, or subdivision in operating the airport facility.
**(b) Air Traffic Control Contract Program.—**
(1) **Contract tower program.—**
(A) *Continuation.—* — The Secretary shall continue the low activity (Visual Flight Rules) level I air traffic control tower contract program established under subsection (a) of this section for towers existing on December 30, 1987, and extend the program to other towers as practicable.
(B) *Special rule.—* — If the Secretary determines that a tower already operating under the Contract Tower Program has a benefit-to-cost ratio of less than 1.0, the airport sponsor or State or local government having jurisdiction over the airport shall not be required to pay the portion of the costs that exceeds the benefit—
(i) for the 1-year period after such determination is made; or
(ii) if an appeal of such determination is requested, for the 1-year period described in subsection (d)(4)(D).
(C) *Use of excess funds.—* — If the Secretary finds that all or part of an amount made available to carry out the program continued under this paragraph is not required during a fiscal year, the Secretary may use, during such fiscal year, the amount not so required to carry out the Cost-share Program.
(2) **General authority.—**
(A) *In general.—* — The Secretary may make a contract with a qualified entity
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 47124
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
The Executive departments are:
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 101
Stored review status: release_metadata_unconfirmed. Incoming connection: 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) “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);
(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);
(D) the President;
(E) an individual first employed by the government of the District of Columbia before October 1, 1987;
(F) an individual employed by Gallaudet College; 11 See Change of Name note below.
(G) 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);
(H) 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);
(I) an individual appointed to a position on the office staff of a former President, or a former Vice President under section 5 of the Presidential Transition Act of 1963, as amended (78 Stat. 153), who immediately before the date of such appointment was an employee as defined under any other subparagraph of this paragraph; and
(J) an individual who is employed by the Roosevelt Campobello International Park Commission and is a citizen of the United States,
but does not include—
(i) an employee of a corporation supervised by the Farm Credit Administration if private interests elect or appoint a member of the board of directors;
(ii) a
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 8901
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 1132
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§ 8421a
supplement without regard to such applicable min-
imum retirement age’’ before period at end, to reflect
the probable intent of Congress.
1992—Subsec. (a)(2). Pub. L. 102–378 inserted period at
end.
1989—Subsec. (a)(2). Pub. L. 101–194 substituted
‘‘, except that an individual entitled to an annuity
under section 8414(a) for failure to be recertified as a
senior executive shall be entitled to an annuity supple-
ment without regard to such applicable minimum re-
tirement age’’ for period at end.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2022 AMENDMENT
Amendment by Pub. L. 117–225 effective Dec. 9, 2022,
and applicable to an individual who suffers an illness or
injury described in certain Code provisions on or after
the date that is 2 years after Dec. 9, 2022, see section
3(f) of Pub. L. 117–225, set out as a note under section
8336 of this title.
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107–296 effective 60 days after
Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as
an Effective Date note under section 101 of Title 6, Do-
mestic Security.
EFFECTIVE DATE OF 1989 AMENDMENT
Amendment by Pub. L. 101–194 effective Jan. 1, 1991,
see section 506(d) of Pub. L. 101–194, set out as a note
under section 3151 of this title.
§ 8421a. Reductions on account of earnings from
work performed while entitled to an annuity
supplement
(a) Except as provided in subsection (c), the
amount of the annuity supplement to which an
individual is entitled under section 8421 for any
month (determined without regard to subsection
(c) of such section) shall be reduced by the
amount of any excess earnings of such indi-
vidual which are required to be charged to such
sup
Source: Supplied 2024 U.S. Code historical extraction · 5 U.S.C. § 8421a
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.