5 U.S.C. § 8319 — Removal of members of the uniformed

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 individual who was convicted, before, on, or after September 1, 1954, of— (1) an offense named by section 8312 of this title; or (2) an offense constituting a violation of sec- tion 8314 or 8315 of this title; is pardoned by the President, the right of the in- dividual and his survivor or beneficiary to re- ceive 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 annu- ity 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 Presi- dent under subsection (a) or (b) of this section may not be made for a period before— (1) the date of pardon referred to by sub- section (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 is allowed only after the amount refunded has been rede- posited. (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 sub- section shall be eligible for spousal pension ben- efits if the Attorney General of the United States determines that the spouse fully cooper- ated with Federal authorities in the conduct of a criminal investigation and subsequent pros- ecution of the individual which resulted in such forfeiture. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 563; Pub. L. 104–93, title III, § 305, Jan. 6, 1996, 109 Stat. 965.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 2285(a), (b). Sept. 26, 1961, Pub. L. 87–299, § 1 ‘‘Sec. 6(a), (b)’’, 75 Stat. 645. The section is reorganized for clarity and concise- ness. 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 The date of enactment of this subsection, referred to in subsec. (e), is the date of enactment of Pub. L. 104–93, which was approved Jan. 6, 1996. AMENDMENTS 1996—Subsec. (e). Pub. L. 104–93 added subsec. (e). § 8319. Removal of members of the uniformed services from rolls; restoration; reappoint- ment (a) The President may drop from the rolls a member of a uniformed service who is deprived of retired pay under this subchapter. (b) The President may restore— (1) military status to an individual dropped from the rolls to whom retired pay is restored under this subchapter or under section 2 of the Act of September 26, 1961 (75 Stat. 648); and (2) all rights and privileges to the individual and his beneficiaries of which he or they were deprived because his name was dropped from the rolls. (c) If the individual restored was a commis- sioned officer, the President alone may re- appoint him to the grade and position on the re- tired list held when his name was dropped from the rolls. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 564.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 2287. Sept. 26, 1961, Pub. L. 87–299, § 1 ‘‘Sec. 8’’, 75 Stat. 646. The words ‘‘and section 3282 of Title 18’’ are omitted as unnecessary. Page 975 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 8331 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 2 of the Act of September 26, 1961 (75 Stat. 648), referred to in subsec. (b)(1), is set out as a note under section 8322 of this title. § 8320. Offense or violation committed in compli- ance with orders When it is established by satisfactory evidence that an individual— (1) was convicted of an offense named by sec- tion 8312 of this title; or (2) violated section 8314 or 8315 of this title; as a result of proper compliance with orders issued, in a confidential relationship, by an agency or other authority of the Government of the United States or the government of the District of Columbia, the right to receive an- nuity or retired pay may not be denied. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 564.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 2285(c). Sept. 26, 1961, Pub. L. 87–299, § 1 ‘‘Sec. 6(c)’’, 75 Stat. 645. The reference to conviction of an offense which con- stitutes a violation of former section 2283 (which is car- ried into this title as sections 8314 and 8315) is omitted as being covered by the words ‘‘violated section 8314 or 8315 of this title’’ which are added on authority of the words ‘‘conviction or violation’’ in former section 2285(c). 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. § 8321. Liability of accountable employees An accountable employee may not be held re- sponsible for a payment made in violation of this subchapter when the payment made is in due course and without fraud, collusion, or gross negligence. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 564.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 2286. Sept. 26, 1961, Pub. L. 87–299, § 1 ‘‘Sec. 7’’, 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. § 8322. Effect on other statutes This subchapter does not restrict authority under a statute, other than this subchapter, to deny or withhold benefits authorized by statute. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 564.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 2288. Sept. 26, 1961, Pub. L. 87–299, § 1 ‘‘Sec. 9’’, 75 Stat. 646. 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. Statutory Notes and Related Subsidiaries RETROACTIVE RESTORATION OF ANNUITY AND RETIRED PAY; REDEPOSITS OF CONTRIBUTIONS AND OFFSETS Section 2 of Pub. L. 87–299, Sept. 26, 1961, 75 Stat. 648, provided that: ‘‘(a) Subject to subsection (b) of this section, any per- son, including his survivor or beneficiary, to whom an- nuity or retired pay is not payable under the Act of September 1, 1954 [this subchapter], as in effect at any time prior to the date of enactment of this Act [Sept. 26, 1961], by reason of any conviction of an offense, any commission of a violation, any refusal to answer, or any absence under indictment, or under charges, for any offense, shall be restored the right to receive such annuity or retired pay for any and all periods for which he would have had the right to receive such annuity or retired pay if the Act of September 1, 1954 [this sub- chapter], had not been enacted, unless, under the amendment made by the first section of this Act [amending former chapter 31 of this title, now this sub- chapter, and section 3282 of Title 18, Crimes and Crimi- nal Procedure], such annuity or retired pay remains nonpayable to such person, including his survivor or beneficiary. ‘‘(b) No annuity accrued or accruing, prior to, on, or after the date of enactment of this Act [Sept. 26, 1961], on account of the restoration, by reason of the amend- ment made by the first section of this Act [amending former chapter 31 of this title, now this subchapter, and section 3282 of Title 18] and by reason of subsection (a) of this section, of the right to receive such annuity, shall be paid until any sum refunded under section 3 of the Act of September 1, 1954 [former section 2284 of this title, now section 8316 of this title, prior to amendment Sept. 26, 1961], as in effect prior to the date of enact- ment of such amendment [Sept. 26, 1961], is deposited or is collected by offset against the annuity.’’ SUBCHAPTER III—CIVIL SERVICE RETIREMENT § 8331. Definitions For the purpose of this subchapter— (1) ‘‘employee’’ means— (A) an employee as defined by section 2105 of this title; (B) the Architect of the Capitol, an em- ployee 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 (other than the Ar- chitect 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 sub- chapter; (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 sub- ject to this subchapter;