5 U.S.C. § 8193 — Administration

Page 967 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 8193 Editorial Notes AMENDMENTS 1968—Pub. L. 90–623 substituted ‘‘For the purposes of this subchapter’’ for ‘‘For the purposes of this Act’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1968 AMENDMENT Amendment by Pub. L. 90–623 intended to restate without substantive change the law in effect on Oct. 22, 1968, see section 6 of Pub. L. 90–623, set out as a note under section 5334 of this title. EFFECTIVE DATE Section 2 of Pub. L. 90–291 provided that: ‘‘The amendments made by section 1 of this Act [enacting this section and sections 8192 and 8193 of this title] are effective only with respect to personal injuries sus- tained on or after the date of enactment of this Act [Apr. 19, 1968].’’ § 8192. Benefits (a) BENEFITS IN EVENT OF INJURY.—The Sec- retary of Labor shall furnish to any eligible offi- cer the benefits to which he would have been en- titled under subchapter I of this chapter if, on the occasion giving rise to his eligibility, he had been an employee as defined in section 8101(1) engaged in the performance of his duty, reduced or adjusted as the Secretary of Labor in his dis- cretion may deem appropriate to reflect com- parable benefits, if any, received by the officer (or which he would have been entitled to receive but for this subchapter) by virtue of his actual employment on that occasion. When an enforce- ment officer has contributed to a disability com- pensation fund, the reduction of Federal benefits provided for in this subsection is to be limited to the amount of the State or local government benefits which bears the same proportion to the full amount of such benefits as the cost or con- tribution paid by the State or local government bears to the cost of disability coverage for the individual officer. (b) BENEFITS IN EVENT OF DEATH.—The Sec- retary of Labor shall pay to any survivor of an eligible officer the difference, as determined by the Secretary in his discretion, between the ben- efits to which that survivor would be entitled if the officer had been an employee as defined in section 8101(1) engaged in the performance of his duty on the occasion giving rise to his eligi- bility, and the comparable benefits, if any, re- ceived by the survivor (or which that survivor would have been entitled to receive but for this subchapter) by virtue of the officer’s actual em- ployment on that occasion. When an enforce- ment officer has contributed to a survivor’s ben- efit fund, the reduction of Federal benefits pro- vided for in this subsection is to be limited to the amount of the State or local government benefits which bears the same proportion to the full amount of such benefits as the cost or con- tribution paid by the State or local government bears to the cost of survivor’s benefits coverage for the individual officer. (Added Pub. L. 90–291, § 1(a), Apr. 19, 1968, 82 Stat. 99.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective only with respect to personal inju- ries sustained on or after Apr. 19, 1968, see section 2 of Pub. L. 90–291, set out as a note under section 8191 of this title. § 8193. Administration (a) DEFINITIONS AND RULES OF CONSTRUCTION.— For the purpose of this subchapter— (1) The term ‘‘Attorney General’’ includes any person to whom the Attorney General has delegated any function pursuant to subsection (b) of this section. (2) The term ‘‘Secretary of Labor’’ includes any person to whom the Secretary of Labor has delegated any function pursuant to sub- section (b) of this section. (b) DELEGATION.— (1) The Attorney General may delegate to any division, officer, or employee of the De- partment of Justice any function conferred upon the Attorney General by this subchapter. (2) The Secretary of Labor may delegate to any bureau, officer, or employee of the Depart- ment of Labor any function conferred upon the Secretary of Labor by this subchapter. (c) APPLICATIONS.—An application for any ben- efit under this subchapter may be made only— (1) to the Secretary of Labor (2) by (A) any eligible officer or survivor of an el- igible officer, (B) any guardian, personal representative, or other person legally authorized to act on behalf of an eligible officer, his estate, or any of his survivors, or (C) any association of law enforcement of- ficers which is acting on behalf of an eligible officer or any of his survivors; (3) within five years after the injury or death; and (4) in such form as the Secretary of Labor may require. (d) CONSULTATION WITH ATTORNEY GENERAL AND OTHER AGENCIES.—The Secretary of Labor may refer any application received by him pur- suant to this subchapter to the Attorney Gen- eral for his assistance, comments and advice as to any determination required to be made pursu- ant to paragraph (1), (2), or (3) of section 8191. To insure that all Federal assistance under this subchapter is carried out in a coordinated man- ner, the Secretary of Labor is authorized to re- quest any Federal department or agency to sup- ply any statistics, data, or any other materials he deems necessary to carry out his functions under this subchapter. Each such department or agency is authorized to cooperate with the Sec- retary of Labor and, to the extent permitted by law, to furnish such materials to him. (e) COOPERATION WITH STATE AGENCIES.—The Secretary of Labor shall cooperate fully with the appropriate State and local officials, and shall take all other practicable measures, to as- sure that the benefits of this subchapter are made available to eligible officers and their sur- vivors with a minimum of delay and difficulty. Page 968 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 8301 (f) APPROPRIATIONS.—There are authorized to be appropriated such sums as may be necessary to carry out this subchapter. (Added Pub. L. 90–291, § 1(a), Apr. 19, 1968, 82 Stat. 99; amended Pub. L. 94–183, § 2(31), Dec. 31, 1975, 89 Stat. 1058.) Editorial Notes AMENDMENTS 1975—Subsec. (f). Pub. L. 94–183 redesignated subsec. (e), relating to appropriations, as subsec. (f). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective only with respect to personal inju- ries sustained on or after Apr. 19, 1968, see section 2 of Pub. L. 90–291, set out as a note under section 8191 of this title. CHAPTER 83—RETIREMENT SUBCHAPTER I—GENERAL PROVISIONS Sec. 8301. Uniform retirement date. SUBCHAPTER II—FORFEITURE OF ANNUITIES AND RETIRED PAY 8311. Definitions. 8312. Conviction of certain offenses. 8313. Absence from the United States to avoid pros- ecution. 8314. Refusal to testify. 8315. Falsifying employment applications. 8316. Refund of contributions and deposits. 8317. Repayment of annuity or retired pay properly paid; waiver. 8318. Restoration of annuity or retired pay. 8319. Removal of members of the uniformed serv- ices from rolls; restoration; reappointment. 8320. Offense or violation committed in compliance with orders. 8321. Liability of accountable employees. 8322. Effect on other statutes. SUBCHAPTER III—CIVIL SERVICE RETIREMENT 8331. Definitions. 8332. Creditable service. 8333. Eligibility for annuity. 8334. Deductions, contributions, and deposits. 8335. Mandatory separation. 8336. Immediate retirement. 8336a. Phased retirement. 8337. Disability retirement. 8338. Deferred retirement. 8339. Computation of annuity. 8340. Cost-of-living adjustment of annuities. 8341. Survivor annuities. 8342. Lump-sum benefits; designation of bene- ficiary; order of precedence. 8343. Additional annuities; voluntary contribu- tions. 8343a. Alternative forms of annuities. 8344. Annuities and pay on reemployment. 8345. Payment of benefits; commencement, termi- nation, and waiver of annuity. 8345a. Embezzlement or conversion of payments. 8346. Exemption from legal process; recovery of payments. 8347. Administration; regulations. 8348. Civil Service Retirement and Disability Fund. 8349. Offset relating to certain benefits under the Social Security Act. 8350. Retirement counseling. 8351. Participation in the Thrift Savings Plan. Sec. Editorial Notes AMENDMENTS 2020—Pub. L. 116–126, § 2(b)(3)(A), Mar. 18, 2020, 134 Stat. 175, added item 8345a. 2012—Pub. L. 112–141, div. F, title I, § 100121(a)(3), July 6, 2012, 126 Stat. 910, added item 8336a. 1986—Pub. L. 99–335, title II, §§ 201(b)(2), 204(b)(1), 205(b), 206(a)(2), June 6, 1986, 100 Stat. 591–594, added items 8343a, 8349, 8350, and 8351. SUBCHAPTER I—GENERAL PROVISIONS § 8301. Uniform retirement date (a) Except as otherwise specifically provided by this title or other statute, retirement author- ized by statute is effective on the first day of the month following the month in which retire- ment would otherwise be effective. (b) Notwithstanding subsection (a) of this sec- tion, the rate of active or retired pay or allow- ance is computed as of the date retirement would have occurred but for subsection (a) of this section. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 557.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 47a. Apr. 23, 1930, ch. 209, § 1, 46 Stat. 253. In subsection (a), the words ‘‘Except as otherwise spe- cifically provided by this title or other statute’’ are added because of the statutes carried into subchapter III of chapter 83. The words ‘‘of Federal personnel of whatever class, civil, military, naval, judicial, legisla- tive, or otherwise, and for whatever cause retired’’ are omitted as unnecessary. The words ‘‘and said first day of the month for retirements made after July 1, 1930, shall be for all purposes in lieu of such date for retire- ment as was on April 23, 1930, authorized’’ are omitted as executed. 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. SUBCHAPTER II—FORFEITURE OF ANNUITIES AND RETIRED PAY § 8311. Definitions For the purpose of this subchapter— (1) ‘‘employee’’ means— (A) an employee as defined by section 2105 of this title; (B) a Member of Congress as defined by section 2106 of this title and a Delegate to Congress; (C) a member or former member of a uni- formed service; and (D) an individual employed by the govern- ment of the District of Columbia; (2) ‘‘annuity’’ means a retirement benefit, including a disability insurance benefit and a dependent’s or survivor’s benefit under sub- chapter II of chapter 7 of title 42, and a month- ly annuity under section 228b or 228e of title 45, payable by an agency of the Government of the United States or the government of the District of Columbia on the basis of service as a civilian employee and other service which is creditable to an employee toward the benefit