5 U.S.C. § 8424 — Lump-sum benefits; designation of bene-

Page 1139 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 8424 1996—Subsec. (a)(3)(C). Pub. L. 104–186 substituted ‘‘Chief Administrative Officer of the House of Rep- resentatives, from the applicable accounts of the House of Representatives’’ for ‘‘Clerk of the House of Rep- resentatives, from the contingent fund of the House’’. 1992—Subsec. (a)(1)(B)(i). Pub. L. 102–496 substituted ‘‘the Central Intelligence Agency Retirement Act’’ for ‘‘the Central Intelligence Agency Retirement Act of 1964 for Certain Employees’’. Pub. L. 102–378 substituted ‘‘multiplied’’ for ‘‘multipled’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2007 AMENDMENT; TRANSITION RULES Amendment by Pub. L. 110–161 effective on the later of June 30, 2008, or the first day of the first pay period beginning at least 6 months after Dec. 26, 2007, with transition rules and rights of election, see section 535(e) of Pub. L. 110–161, set out as a note under section 3307 of this title. EFFECTIVE DATE OF 2000 AMENDMENT Amendment by Pub. L. 106–553 effective on the first day of the first applicable pay period that begins on Dec. 21, 2000, and applicable only to an individual who is employed as a member of the Supreme Court Police after Dec. 21, 2000, see section 1(a)(2) [title III, § 308(i), (j)] of Pub. L. 106–553, set out in a Supreme Court Police Retirement note under section 8331 of this title. EFFECTIVE DATE OF 1998 AMENDMENT Amendment by Pub. L. 105–261 effective at the begin- ning of the first pay period that begins after Oct. 17, 1998, and applicable only to an individual who is em- ployed as a nuclear materials courier, as defined by section 8331(27) or 8401(33) of this title, after Oct. 17, 1998, see section 3154(m), (n) of Pub. L. 105–261, set out as a note under section 8331 of this title. EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102–496 effective first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as an Effective Date note under section 2001 of Title 50, War and National De- fense. TRANSFER OF FUNCTIONS Statutory functions, duties, or authority of Chief Ad- ministrative Officer of the House of Representatives or Secretary of the Senate as disbursing officers for the Capitol Police transferred to Chief of the Capitol Po- lice, and references in any law or resolution before Feb. 20, 2003, to funds paid or disbursed by Chief Administra- tive Officer of the House of Representatives and Sec- retary of the Senate relating to pay and allowances of Capitol Police employees deemed to refer to Chief of the Capitol Police. See section 1907(a) of Title 2, The Congress. § 8424. Lump-sum benefits; designation of bene- ficiary; order of precedence (a) Subject to subsection (b), an employee or Member who— (1)(A) is separated from the service for at least 31 consecutive days; or (B) is transferred to a position in which the individual is not subject to this chapter and remains in such a position for at least 31 con- secutive days; (2) files an application with the Office for payment of the lump-sum credit; (3) is not reemployed in a position in which the individual is subject to this chapter at the time of filing the application; and (4) will not become eligible to receive an an- nuity within 31 days after filing the applica- tion; is entitled to be paid the lump-sum credit. Ex- cept as provided in section 8420a, payment of the lump-sum credit to an employee or Member voids all annuity rights under this subchapter, and subchapters IV and V of this chapter, based on the service on which the lump-sum credit is based, until the employee or Member is reem- ployed in the service subject to this chapter. (b)(1)(A) Payment of the lump-sum credit under subsection (a) may be made only if the spouse, if any, and any former spouse of the em- ployee or Member are notified of the employee or Member’s application. (B) The Office shall prescribe regulations under which the lump-sum credit shall not be paid without the consent of a spouse or former spouse of the employee or Member where the Of- fice has received such additional information or documentation as the Office may require that— (i) a court order bars payment of the lump- sum credit in order to preserve the court’s ability to award an annuity under section 8445 or 8467; or (ii) payment of the lump-sum credit would extinguish the entitlement of the spouse or former spouse, under a court order on file with the Office, to a survivor annuity under section 8445 or to any portion of an annuity under sec- tion 8467. (2)(A) Notification of a spouse or former spouse under this subsection shall be made in accordance with such requirements as the Office shall by regulation prescribe. (B) Under the regulations, the Office may pro- vide that paragraph (1)(A) may be waived with respect to a spouse or former spouse if the em- ployee or Member establishes to the satisfaction of the Office that the whereabouts of such spouse or former spouse cannot be determined. (3) The Office shall prescribe regulations under which this subsection shall be applied in any case in which the Office receives two or more or- ders or decrees referred to in paragraph (1)(B)(i). (c) Under regulations prescribed by the Office, an employee or Member, or a former employee or Member, may designate one or more bene- ficiaries under this section. (d) Lump-sum benefits authorized by sub- sections (e) through (g) shall be paid to the indi- vidual or individuals surviving the employee or Member and alive at the date title to the pay- ment arises in the following order of precedence, and the payment bars recovery by any other in- dividual: First, to the beneficiary or beneficiaries des- ignated by the employee or Member in a signed and witnessed writing received in the Office before the death of such employee or Member. For this purpose, a designation, change, or cancellation of beneficiary in a will or other document not so executed and filed has no force or effect. Second, if there is no designated beneficiary, to the widow or widower of the employee or Member. Third, if none of the above, to the child or children of the employee or Member and de- Page 1140 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 8425 1 So in original. Probably should be followed by a comma. scendants of deceased children by representa- tion. Fourth, if none of the above, to the parents of the employee or Member or the survivor of them. Fifth, if none of the above, to the duly ap- pointed executor or administrator of the es- tate of the employee or Member. Sixth, if none of the above, to such other next of kin of the employee or Member as the Office determines to be entitled under the laws of the domicile of the employee or Member at the date of death of the employee or Member. For the purpose of this subsection, ‘‘child’’ in- cludes a natural child and an adopted child, but does not include a stepchild. (e) If an employee or Member, or former em- ployee or Member, dies— (1) without a survivor, or (2) with a survivor or survivors and the right of all survivors under subchapter IV termi- nates before a claim for survivor annuity under such subchapter is filed, the lump-sum credit shall be paid. (f) If all annuity rights under this chapter (other than under subchapter III of this chapter) based on the service of a deceased employee or Member terminate before the total annuity paid equals the lump-sum credit, the difference shall be paid. (g) If an annuitant dies, annuity accrued and unpaid shall be paid. (h) Annuity accrued and unpaid on the termi- nation, except by death, of the annuity of an an- nuitant or survivor shall be paid to that indi- vidual. Annuity accrued and unpaid on the death of a survivor shall be paid in the following order of precedence, and the payment bars recovery by any other person: First, to the duly appointed executor or ad- ministrator of the estate of the survivor. Second, if there is no executor or adminis- trator, payment may be made, after 30 days from the date of death of the survivor, to such next of kin of the survivor as the Office deter- mines to be entitled under the laws of the domicile of the survivor at the date of death. (Added Pub. L. 99–335, title I, § 101(a), June 6, 1986, 100 Stat. 539; amended Pub. L. 106–361, § 3(b), Oct. 27, 2000, 114 Stat. 1402; Pub. L. 111–84, div. A, title XIX, § 1904(b)(4), Oct. 28, 2009, 123 Stat. 2617.) Editorial Notes AMENDMENTS 2009—Subsec. (a). Pub. L. 111–84 substituted ‘‘based, until the employee or Member is reemployed in the service subject to this chapter.’’ for ‘‘based.’’ in con- cluding provisions. 2000—Subsec. (b)(1). Pub. L. 106–361 amended par. (1) generally. Prior to amendment, par. (1) read as follows: ‘‘Payment of the lump-sum credit under subsection (a)— ‘‘(A) may be made only if any current spouse and any former spouse of the employee or Member are no- tified of the application by the employee or Member; and ‘‘(B) in any case in which there is a former spouse, shall be subject to the terms of a court decree of di- vorce, annulment, or legal separation issued with re- spect to such former spouse if— ‘‘(i) the decree expressly relates to any portion of the lump-sum credit involved; and ‘‘(ii) payment of the lump-sum credit would affect any right or interest of the former spouse with re- spect to a survivor annuity under section 8445, or to any portion of an annuity under section 8467.’’ § 8425. Mandatory separation (a) An air traffic controller who is otherwise eligible for immediate retirement under section 8412(e) shall be separated from the service on the last day of the month in which that air traffic controller becomes 56 years of age or completes 20 years of service if then over that age. The Secretary, under such regulations as the Sec- retary may prescribe, may exempt a controller having exceptional skills and experience as a controller from the automatic separation provi- sions of this subsection until that controller be- comes 61 years of age. The Secretary shall no- tify the controller in writing of the date of sepa- ration at least 60 days before that date. Action to separate the controller is not effective, with- out the consent of the controller, until the last day of the month in which the 60-day notice ex- pires. For purposes of this subsection, the term ‘‘air traffic controller’’ or ‘‘controller’’ has the meaning given to it under section 8401(35)(A). (b)(1) A law enforcement officer, firefighter, nuclear materials courier, or customs and bor- der protection officer who is otherwise eligible for immediate retirement under section 8412(d)(1) shall be separated from the service on the last day of the month in which that law en- forcement officer, firefighter, nuclear materials courier, or customs and border protection offi- cer 1 as the case may be, becomes 57 years of age or completes 20 years of service if then over that age. If the head of the agency judges that the public interest so requires, that agency head may exempt such an employee from automatic separation under this subsection until that em- ployee becomes 60 years of age. The employing office shall notify the employee in writing of the date of separation at least 60 days before that date. Action to separate the employee is not ef- fective, without the consent of the employee, until the last day of the month in which the 60- day notice expires. (2) In the case of employees of the Federal Bu- reau of Investigation, the second sentence of paragraph (1) shall be applied by substituting ‘‘65 years of age’’ for ‘‘60 years of age’’. The au- thority to grant exemptions in accordance with the preceding sentence shall cease to be avail- able after December 31, 2011. (c) A member of the Capitol Police who is oth- erwise eligible for immediate retirement under section 8412(d)(1) shall be separated from the service on the last day of the month in which such member becomes 57 years of age or com- pletes 20 years of service if then over that age. The Capitol Police Board, when in its judgment the public interest so requires, may exempt such a member from automatic separation under this subsection until that member becomes 60 years of age. The Board shall notify the member in writing of the date of separation at least 60 days before that date. Action to separate the member