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5 U.S.C. § 8318 — Restoration of annuity or retired pay
Federal law — U.S. Code and appendices · legal_authorities
**(a)** If an individual who was convicted, before, on, or after September 1, 1954, of—
(1) 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); or
(2) an offense constituting a violation of section 8314 or 8315 of this title;
is pardoned by the President, the right of the individual and his survivor or beneficiary to receive annuity or retired pay previously denied under this subchapter is restored as of the date of the pardon.
**(b)** The President may restore, effective as of the date he prescribes, the right to receive annuity or retired pay which is denied, before, on, or after September 1, 1954, under section 8314 or 8315 of this title, to the individual and to his survivor or beneficiary.
**(c)** Payment of annuity or retired pay which results from pardon or restoration by the President under subsection (a) or (b) of this section may not be made for a period before—
(1) the date of pardon referred to by subsection (a) of this section; or
(2) the effective date of restoration referred to by subsection (b) of this section.
**(d)** Credit for a period of service covered by a refund under [section 8316 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8316&num=0&edition=prelim) is allowed only after the amount refunded has been redeposited.
**(e)** The spouse of an individual whose annuity or retired pay is forfeited under section 8312 or 8313 after the date of enactment of this subsection shall be eligible for spousal pension benefits if the Attorney General of the United States determines that the spouse fully cooperated with Federal authorities in the conduct of a criminal investigation and subsequent prosecution of the
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Source file: Laws/federal/codes/united-states-code/title-5/section-8318-restoration-of-annuity-or-retired-pay--e519adedc9.md
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Source location: Title 5, Chapter 83, § 8318; chapter-083-retirement.md
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**(a)** If an individual who was convicted, before, on, or after September 1, 1954, of—
(1) 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); or
(2) an offense constituting a violation of section 8314 or 8315 of this title;
is pardoned by the President, the right of the individual and his survivor or beneficiary to receive annuity or retired pay previously denied under this subchapter is restored as of the date of the pardon.
**(b)** The President may restore, effective as of the date he prescribes, the right to receive annuity or retired pay which is denied, before, on, or after September 1, 1954, under section 8314 or 8315 of this title, to the individual and to his survivor or beneficiary.
**(c)** Payment of annuity or retired pay which results from pardon or restoration by the President under subsection (a) or (b) of this section may not be made for a period before—
(1) the date of pardon referred to by subsection (a) of this section; or
(2) the effective date of restoration referred to by subsection (b) of this section.
**(d)** Credit for a period of service covered by a refund under [section 8316 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8316&num=0&edition=prelim) is allowed only after the amount refunded has been redeposited.
**(e)** The spouse of an individual whose annuity or retired pay is forfeited under section 8312 or 8313 after the date of enactment of this subsection shall be eligible for spousal pension benefits if the Attorney General of the United States determines that the spouse fully cooperated with Federal authorities in the conduct of a criminal investigation and subsequent prosecution of the individual which resulted in such forfeiture.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** When payment of annuity or retired pay is denied under this subchapter because an individual 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 violated section 8314 or 8315 of this title—
(1) the amount, except employment taxes, contributed by the individual toward the annuity, less the amount previously refunded or paid as annuity benefits; and
(2) deposits made under [section 1438 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1438&num=0&edition=prelim) or section 5 of the Uniformed Services Contingency Option Act of 1953 (67 Stat. 504) to provide the eligible beneficiary with annuity for any period, less the amount previously paid as retired pay benefits;
shall be refunded, on appropriate application therefor—
(A) to the individual;
(B) if the individual is dead, to the beneficiary designated to receive refunds by or under the statute, regulation, or agreement under which the annuity, the benefits of which are denied under this subchapter, would have been payable; or
(C) if a beneficiary is not designated, in the order of precedence prescribed by [section 8342(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8342/c&num=0&edition=prelim) or [section 2771 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2771&num=0&edition=prelim), as the case may be.
**(b)** A refund under subsection (a) of this section shall be made with interest at the rate and for the period provided under the statute, regulation, or agreement under which the annuity would have been payable. However, in
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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
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Federal law — U.S. Code and appendices · legal_authorities
Page 974
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§ 8317
§ 8317. Repayment of annuity or retired pay
properly paid; waiver
(a) An individual, or his survivor or bene-
ficiary, to whom payment of annuity is denied
under this subchapter is not thereafter required
to repay that part of the annuity otherwise
properly paid to the individual, or to his sur-
vivor or beneficiary on the basis of the service of
the individual, which is in excess of the aggre-
gate amount of the contributions of the indi-
vidual toward the annuity, with applicable in-
terest.
(b) An individual, including an eligible bene-
ficiary under chapter 73 of title 10 or section 5 of
the Uniformed Services Contingency Option Act
of 1953 (67 Stat. 504), to whom payment of retired
pay is denied under this subchapter is not there-
after required to repay retired pay otherwise
properly paid to the individual or beneficiary
which is paid in violation of this subchapter.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 563.)
HISTORICAL AND REVISION NOTES
Derivation
U.S. Code
Revised Statutes and
Statutes at Large
(a) .............
5 U.S.C. 2284(c), (d).
Sept. 26, 1961, Pub. L. 87–299,
§ 1 ‘‘Sec. 4(c), (d)’’, 75 Stat.
644.
(b) .............
5 U.S.C. 2284a(a).
Sept. 26, 1961, Pub. L. 87–299,
§ 1 ‘‘Sec. 5(a)’’, 75 Stat.
645.
The words ‘‘and section 3282 of Title 18’’ are omitted
as unnecessary.
Standard changes are made to conform with the defi-
nitions applicable and the style of this title as outlined
in the preface to the report.
Editorial Notes
REFERENCES IN TEXT
Section 5 of the Uniformed Services Contingency Op-
tion Act of 1953 (67 Stat. 504), referred to in text, is cov-
ered by section 1438 of Table 10, Armed Forces.
§ 8318. Restoration of annuity or retired pay
(a) If an indiv
Source: Supplied 2024 U.S. Code historical extraction · 5 U.S.C. § 8318
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