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5 U.S.C. § 8345 — Payment of benefits; commencement, termination, and waiver of annuity

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

5 U.S.C. § 8345 — Payment of benefits; commencement, termination, and waiver of annuity

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Stable record: federal_law:legal_authorities:record_usc_def9ee57af0f62d9f86d80f9
Source file: Laws/federal/codes/united-states-code/title-5/section-8345-payment-of-benefits-commencement-termination-and-waiver-of-annuity--492cb4c847.md
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Source location: Title 5, Chapter 83, § 8345; chapter-083-retirement.md

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**(a)** Each annuity is stated as an annual amount, one-twelfth of which, rounded to the next lowest dollar, constitutes the monthly rate payable on the first business day of the month after the month or other period for which it has accrued. **(b)** (1) Except as otherwise provided— (A) an annuity of an employee or Member commences on the first day of the month after— (i) separation from the service; or (ii) pay ceases and the service and age requirements for title to annuity are met; and (B) any other annuity payable from the Fund commences on the first day of the month after the occurrence of the event on which payment thereof is based. (2) The annuity of— (A) an employee involuntarily separated from service, except by removal for cause on charges of misconduct or delinquency; and (B) an employee or Member retiring under [section 8337 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8337&num=0&edition=prelim) due to a disability; shall commence on the day after separation from the service or the day after pay ceases and the service and age or disability requirements for title to annuity are met. **(c)** The annuity of a retired employee or Member terminates on the day death or other terminating event provided by this subchapter occurs. The annuity of a survivor terminates on the last day of the month before death or other terminating event occurs. **(d)** An individual entitled to annuity from the Fund may decline to accept all or any part of the annuity by a waiver signed and filed with the Office of Personnel Management. The waiver may be revoked in writing at any time. Payment of the annuity waived may not be made for the period during which the waiver was in effect. **(e)** (1) Payment due a minor, or an individual mentally incompetent or under other legal disability, may be made to the person (including an organization) who is constituted guardian or other fiduciary by the law of the State of residence of the claimant or is otherwise legally vested with the care of the claimant or his estate. If a guardian or other fiduciary of the individual under legal disability has not been appointed under the law of the State of residence of the claimant, payment may be made to any person (including an organization) who, in the judgment of the Office, is responsible for the care of the claimant and may appropriately receive such payments on behalf of the claimant, and the payment bars recovery by any other person. (2) If the Office determines that direct payment of a benefit to an individual mentally incompetent or under other legal disability would cause substantial harm to the individual, the Office may defer or suspend direct payment of the benefit until such time as the appointment of a representative payee is made. The Office shall resume payment as soon as practicable, including all amounts due. **(f)** The Office may not authorize a person to receive payments on behalf of a minor or individual of legal disability under subsection (e) if that person has been convicted of a violation of— (1) section 8345a or 8466a; (2) section 208 or 1632 of the Social Security Act ([42 U.S.C. 408](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section408&num=0&edition=prelim), 1383a); or (3) [section 6101 of title 38](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section6101&num=0&edition=prelim). **(g)** The Office shall prescribe regulations to provide that the amount of any monthly annuity payable under this section accruing for any month and which is computed with regard to service that includes any service referred to in section 8332(b)(6) performed by an individual prior to January 1, 1969, shall be reduced by the portion of any benefits under any State retirement system to which such individual is entitled (or on proper application would be entitled) for such month which is attributable to such service performed by such individual before such date. **(h)** An individual entitled to an annuity from the Fund may make allotments or assignments of amounts from his annuity for such purposes as the Office of Personnel Management in its sole discretion considers appropriate. **(i)** (1) No payment shall be made from the Fund unless an application for benefits based on the service of an employee or Member is received in the Office of Personnel Management before the one hundred and fifteenth anniversary of his birth. (2) Notwithstanding paragraph (1) of this subsection, after the death of an employee, Member, or annuitant, no benefit based on his service shall be paid from the Fund unless an application therefor is received in the Office of Personnel Management within 30 years after the death or other event which gives rise to title to the benefit. **(j)** (1) Payments under this subchapter which would otherwise be made to an employee, Member, or annuitant based on service of that individual shall be paid (in whole or in part) by the Office to another person if and to the extent expressly provided for in the terms of— (A) any court decree of divorce, annulment, or legal separation, or the terms of any court order or court-approved property settlement agreement incident to any court decree of divorce, annulment, or legal separation; or (B) any court order or other similar process in the nature of garnishment for the enforcement of a judgment rendered against such employee, Member, or annuitant, for physically, sexually, or emotionally abusing a child. In the event that the Office is served with more than 1 decree, order, or other legal process with respect to the same moneys due or payable to any individual, such moneys shall be available to satisfy such processes on a first-come, first-served basis, with any such process being satisfied out of such moneys as remain after the satisfaction of all such processes which have been previously served. (2) Paragraph (1) shall only apply to payments made by the Office under this subchapter after the date of receipt in the Office of written notice of such decree, order, other legal process, or agreement, and such additional information and documentation as the Office may prescribe. (3) For the purpose of this subsection— (A) 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; (B) the term “judgment rendered for physically, sexually, or emotionally abusing a child” means any legal claim perfected through a final enforceable judgment, which claim is based in whole or in part upon the physical, sexual, or emotional abuse of a child, whether or not that abuse is accompanied by other actionable wrongdoing, such as sexual exploitation or gross negligence; and (C) the term “child” means an individual under 18 years of age. **(k)** (1) The Office shall, in accordance with this subsection, enter into an agreement with any State within 120 days of a request for agreement from the proper State official. The agreement shall provide that the Office shall withhold State income tax in the case of the monthly annuity of any annuitant who voluntarily requests, in writing, such withholding. The amounts withheld during any calendar quarter shall be held in the Fund and disbursed to the States during the month following that calendar quarter. (2) An annuitant may have in effect at any time only one request for withholding under this subsection, and an annuitant may not have more than two such requests in effect during any one calendar year. (3) Subject to paragraph (2) of this subsection, an annuitant may change the State designated by that annuitant for purposes of having withholdings made, and may request that the withholdings be remitted in accordance with such change. An annuitant also may revoke any request of that annuitant for withholding. Any change in the State designated or revocation is effective on the first day of the month after the month in which the request or the revocation is processed by the Office, but in no event later than on the first day of the second month beginning after the day on which such request or revocation is received by the Office. (4) This subsection does not give the consent of the United States to the application of a statute which imposes more burdensome requirements on the United States than on employers generally, or which subjects the United States or any annuitant to a penalty or liability because of this subsection. The Office may not accept pay from a State for services performed in withholding State income taxes from annuities. Any amount erroneously withheld from an annuity and paid to a State by the Office shall be repaid by the State in accordance with regulations issued by the Office. (5) For the purpose of this subsection, “State” means a State, the District of Columbia, or any territory or possession of the United States. **(l)** Transfers of contributions and deposits authorized by section 408(a)(3) of the Foreign Service Act of 1980 shall be deemed to be a complete and final payment of benefits under this chapter.

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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. § 8337 — Disability retirement

**(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

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

5 U.S.C. § 8334 — Deductions, contributions, and deposits

**(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

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

38 U.S.C. § 6101 — Misappropriation by fiduciaries

**(a)** Whoever, being a fiduciary (as defined in [section 5506 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5506&num=0&edition=prelim)) for the benefit of a minor, incompetent, or other beneficiary under laws administered by the Secretary, shall lend, borrow, pledge, hypothecate, use, or exchange for other funds or property, except as authorized by law, or embezzle or in any manner misappropriate any such money or property derived therefrom in whole or in part and coming into such fiduciary’s control in any manner whatever in the execution of such fiduciary’s trust, or under color of such fiduciary’s office or service as such fiduciary, shall be fined in accordance with title 18, or imprisoned not more than five years, or both. **(b)** Any willful neglect or refusal to make and file proper accountings or reports concerning such money or property as required by law shall be taken to be sufficient evidence prima facie of such embezzlement or misappropriation.

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5 U.S.C. § 8331 — Definitions

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

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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. § 8346 — Exemption from legal process; recovery of payments

**(a)** The money mentioned by this subchapter is not assignable, either in law or equity, except under the provisions of subsections (h) and (j) of [section 8345 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8345&num=0&edition=prelim), or subject to execution, levy, attachment, garnishment, or other legal process, except as otherwise may be provided by Federal laws. **(b)** Recovery of payments under this subchapter may not be made from an individual when, in the judgment of the Office of Personnel Management, the individual is without fault and recovery would be against equity and good conscience. Withholding or recovery of money mentioned by this subchapter on account of a certification or payment made by a former employee of the United States in the discharge of his official duties may be made only if the head of the agency on behalf of which the certification or payment was made certifies to the Office that the certification or payment involved fraud on the part of the former employee.

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42 U.S.C. § 408 — Penalties

**(a) In general** Whoever— (1) for the purpose of causing an increase in any payment authorized to be made under this subchapter, or for the purpose of causing any payment to be made where no payment is authorized under this subchapter, shall make or cause to be made any false statement or representation (including any false statement or representation in connection with any matter arising under subchapter E of chapter 1, or subchapter A or E of chapter 9 of the Internal Revenue Code of 1939, or chapter 2 or 21 or subtitle F of the Internal Revenue Code of 1954) as to— (A) whether wages were paid or received for employment (as said terms are defined in this subchapter and the Internal Revenue Code), or the amount of wages or the period during which paid or the person to whom paid; or (B) whether net earnings from self-employment (as such term is defined in this subchapter and in the Internal Revenue Code) were derived, or as to the amount of such net earnings or the period during which or the person by whom derived; or (C) whether a person entitled to benefits under this subchapter had earnings in or for a particular period (as determined under [section 403(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section403/f&num=0&edition=prelim) for purposes of deductions from benefits), or as to the amount thereof; or (2) makes or causes to be made any false statement or representation of a material fact in any application for any payment or for a disability determination under this subchapter; or (3) at any time makes or causes to be made any false statement or representation of a material fact for use in determining rights to payment under this subchapter; or (4) having knowledge of the occurrence of any event affecting (

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5 U.S.C. § 1101 — Office of Personnel Management

The Office of Personnel Management is an independent establishment in the executive branch. The Office shall have an official seal, which shall be judicially noticed, and shall have its principal office in the District of Columbia, and may have field offices in other appropriate locations.

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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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