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5 U.S.C. § 8313 — Absence from the United States to avoid prosecution

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

5 U.S.C. § 8313 — Absence from the United States to avoid prosecution

**(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) is under indictment, or has outstanding against him charges preferred under the Uniform Code of Military Justice— (A) after July 31, 1956, for an offense named by [section 8312(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8312/b&num=0&edition=prelim); or (B) after September 26, 1961, for an offense named by [section 8312(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8312/c&num=0&edition=prelim); and (2) willfully remains outside the United States, or its territories and possessions including the Commonwealth of Puerto Rico, for more than 1 year with knowledge of the indictment or charges, as the case may be. **(b)** The prohibition on payment of annuity or retired pay under subsection (a) of this section applies to the period after the end of the 1-year period and continues until— (1) a nolle prosequi to the entire indictment is entered on the record or the charges are dismissed by competent authority; (2) the individual returns and thereafter the indictment or charges is or are dismissed; or (3) after trial by court or court-martial, the accused is found not guilty of the offense or offenses.

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Source file: Laws/federal/codes/united-states-code/title-5/section-8313-absence-from-the-united-states-to-avoid-prosecution--e9f1abbe80.md
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Source location: Title 5, Chapter 83, § 8313; chapter-083-retirement.md

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

5 U.S.C. § 8312 — Conviction of certain offenses

**(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

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

5 U.S.C. § 8313 — Absence from the United States to avoid

Page 972 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 8313 5542 of that Act (10 U.S.C. 801 note) [amendments effec- tive Jan. 1, 2019], see section 1081(c)(4) of Pub. L. 115–91, set out as a note under section 801 of Title 10, Armed Forces. EFFECTIVE DATE OF 1994 AMENDMENT Section 639(b) of Pub. L. 103–337 provided that: ‘‘The amendment made by subsection (a) [amending this sec- tion] shall take effect on the date of the enactment of this Act [Oct. 5, 1994] and shall apply to persons con- victed of espionage under section 906a of title 10, United States Code (article 106a of the Uniform Code of Mili- tary Justice), on or after the date of the enactment of this Act.’’ § 8313. Absence from the United States to avoid prosecution (a) An individual, or his survivor or bene- ficiary, may not be paid annuity or retired pay on the basis of the service of the individual which is creditable toward the annuity or re- tired pay, subject to the exceptions in section 8311(2) and (3) of this title, if the individual— (1) is under indictment, or has outstanding against him charges preferred under the Uni- form Code of Military Justice— (A) after July 31, 1956, for an offense named by section 8312(b) of this title; or (B) after September 26, 1961, for an offense named by section 8312(c) of this title; and (2) willfully remains outside the United States, or its territories and possessions in- cluding the Commonwealth of Puerto Rico, for more than 1 year with knowledge of the in- dictment or charges, as the case may be. (b) The prohibition on payment of annuity or retired pay under subsection (a) of this section applies to the period after the end of the 1-year period and continues until— (1) a nolle prosequi to the entire indictment is entered on the record or t

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