5 U.S.C. § 8412 — Immediate retirement

Page 1118 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 8412 the case may be) shall be payable in the form of a lump-sum payment. ‘‘(E) ORDER OF PRECEDENCE.—Section 8424(d) of title 5, United States Code, shall apply in the case of any payment under subparagraph (D) payable to an individual who has died. ‘‘(f) IMPLEMENTATION.—The Office of Personnel Man- agement, in consultation with the Secretary, shall pre- scribe such regulations and take such action as may be necessary and appropriate to implement this section.’’ [For definitions of ‘‘Department’’ and ‘‘Secretary’’ as used in section 321 of Pub. L. 107–228, set out above, see section 3 of Pub. L. 107–228, set out as a note under sec- tion 2651 of Title 22, Foreign Relations and Inter- course.] § 8412. Immediate retirement (a) An employee or Member who is separated from the service after attaining the applicable minimum retirement age under subsection (h) and completing 30 years of service is entitled to an annuity. (b) An employee or Member who is separated from the service after becoming 60 years of age and completing 20 years of service is entitled to an annuity. (c) An employee or Member who is separated from the service after becoming 62 years of age and completing 5 years of service is entitled to an annuity. (d)(1) An employee who is separated from the service, except by removal for cause on charges of misconduct or delinquency— (A) after completing 25 years of service as a law enforcement officer, member of the Cap- itol Police or Supreme Court Police, fire- fighter, nuclear materials courier, or customs and border protection officer, or any combina- tion of such service totaling at least 25 years, or (B) after becoming 50 years of age and com- pleting 20 years of service as a law enforce- ment officer, member of the Capitol Police or Supreme Court Police, firefighter, nuclear ma- terials courier, or customs and border protec- tion officer, or any combination of such serv- ice totaling at least 20 years, is entitled to an annuity. (2)(A) In this paragraph— (i) the term ‘‘affected individual’’ means an individual covered under this chapter who— (I) is performing service in a covered posi- tion; (II) while on duty, becomes ill or is injured as a direct result of the performance of such duties before the date on which the indi- vidual becomes entitled to an annuity under paragraph (1) of this subsection or sub- section (e), as applicable; (III) because of the illness or injury de- scribed in subclause (II), is permanently un- able to render useful and efficient service in the employee’s covered position, as deter- mined by the agency in which the individual was serving when such individual incurred the illness or injury; and (IV) is appointed to a position in the civil service that— (aa) is not a covered position; and (bb) is within an agency that regularly appoints individuals to supervisory or ad- ministrative positions related to the ac- tivities of the former covered position of the individual; (ii) the term ‘‘covered position’’ means a po- sition as a law enforcement officer, customs and border protection officer, firefighter, air traffic controller, nuclear materials courier, member of the Capitol Police, or member of the Supreme Court Police. (B) Unless an affected individual files an elec- tion described in subparagraph (E), creditable service by the affected individual in a position described in subparagraph (A)(i)(IV) shall be treated as creditable service in a covered posi- tion for purposes of this chapter and deter- mining the amount to be deducted and withheld from the pay of the affected individual under section 8422. (C) Subparagraph (B) shall only apply if the af- fected employee transitions to a position de- scribed in subparagraph (A)(i)(IV) without a break in service exceeding 3 days. (D) The service of an affected individual shall no longer be eligible for treatment under sub- paragraph (B) if such service occurs after the in- dividual— (i) is transferred to a supervisory or admin- istrative position related to the activities of the former covered position of the individual; or (ii) meets the age and service requirements that would subject the individual to manda- tory separation under section 8425 if such indi- vidual had remained in the former covered po- sition. (E) In accordance with procedures established by the Director of the Office of Personnel Man- agement, an affected individual may file an elec- tion to have any creditable service performed by the affected individual treated in accordance with this chapter without regard to subpara- graph (B). (F) Nothing in this paragraph shall be con- strued to apply to such affected individual any other pay-related laws or regulations applicable to a covered position. (e) An employee who is separated from the service, except by removal for cause on charges of misconduct or delinquency— (1) after completing 25 years of service as an air traffic controller, or (2) after becoming 50 years of age and com- pleting 20 years of service as an air traffic con- troller, is entitled to an annuity. (f) A Member who is separated from the serv- ice, except by resignation or expulsion— (1) after completing 25 years of service, or (2) after becoming 50 years of age and com- pleting 20 years of service, is entitled to an annuity. (g)(1) An employee or Member who is sepa- rated from the service after attaining the appli- cable minimum retirement age under subsection (h) and completing 10 years of service is entitled to an annuity. This subsection shall not apply to an employee or Member who is entitled to an annuity under any other provision of this sec- tion. (2) An employee or Member entitled to an an- nuity under this subsection may defer the com- Page 1119 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 8412a mencement of such annuity by written election. The date to which the commencement of the an- nuity is deferred may not precede the 31st day after the date of filing the election, and must precede the date on which the employee or Mem- ber becomes 62 years of age. (3) The Office shall prescribe regulations under which an election under paragraph (2) shall be made. (h)(1) The applicable minimum retirement age under this subsection is— (A) for an individual whose date of birth is before January 1, 1948, 55 years of age; (B) for an individual whose date of birth is after December 31, 1947, and before January 1, 1953, 55 years of age plus the number of months in the age increase factor determined under paragraph (2)(A); (C) for an individual whose date of birth is after December 31, 1952, and before January 1, 1965, 56 years of age; (D) for an individual whose date of birth is after December 31, 1964, and before January 1, 1970, 56 years of age plus the number of months in the age increase factor determined under paragraph (2)(B); and (E) for an individual whose date of birth is after December 31, 1969, 57 years of age. (2)(A) For an individual whose date of birth oc- curs during the 5-year period consisting of cal- endar years 1948 through 1952, the age increase factor shall be equal to two-twelfths times the number of months in the period beginning with January 1948 and ending with December of the year in which the date of birth occurs. (B) For an individual whose date of birth oc- curs during the 5-year period consisting of cal- endar years 1965 through 1969, the age increase factor shall be equal to two-twelfths times the number of months in the period beginning with January 1965 and ending with December of the year in which the date of birth occurs. (Added Pub. L. 99–335, title I, § 101(a), June 6, 1986, 100 Stat. 524; amended Pub. L. 99–556, title I, § 105(a), Oct. 27, 1986, 100 Stat. 3131; Pub. L. 101–428, § 3(a), Oct. 15, 1990, 104 Stat. 929; Pub. L. 105–261, div. C, title XXXI, § 3154(g), Oct. 17, 1998, 112 Stat. 2255; Pub. L. 106–553, § 1(a)(2) [title III, § 308(c)(1)], Dec. 21, 2000, 114 Stat. 2762, 2762A–87; Pub. L. 110–161, div. E, title V, § 535(b)(2), Dec. 26, 2007, 121 Stat. 2076; Pub. L. 117–225, § 3(b)(1), Dec. 9, 2022, 136 Stat. 2294.) Editorial Notes AMENDMENTS 2022—Subsec. (d). Pub. L. 117–225 designated existing provisions as par. (1), redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, of par. (1), and added par. (2). 2007—Subsec. (d)(1), (2). Pub. L. 110–161 substituted ‘‘nuclear materials courier, or customs and border pro- tection officer,’’ for ‘‘or nuclear materials courier,’’. 2000—Subsec. (d). Pub. L. 106–553 inserted ‘‘or Su- preme Court Police’’ after ‘‘Capitol Police’’ in pars. (1) and (2). 1998—Subsec. (d)(1), (2). Pub. L. 105–261 substituted ‘‘firefighter, or nuclear materials courier’’ for ‘‘or fire- fighter’’. 1990—Subsec. (d)(1), (2). Pub. L. 101–428 substituted ‘‘officer, member of the Capitol Police,’’ for ‘‘officer’’. 1986—Subsec. (g). Pub. L. 99–556 designated existing provisions as par. (1) and added par. (2). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2022 AMENDMENT Amendment by Pub. L. 117–225 effective Dec. 9, 2022, and applicable to an individual who suffers an illness or injury described in certain Code provisions on or after the date that is 2 years after Dec. 9, 2022, see section 3(f) of Pub. L. 117–225, set out as a note under section 8336 of this title. 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. REGULATIONS For provisions relating to promulgation of regula- tions to carry out the amendments made by Pub. L. 117–225, see section 3(e) of Pub. L. 117–225, set out as a note under section 8336 of this title. § 8412a. Phased retirement (a) For the purposes of this section— (1) the term ‘‘composite retirement annu- ity’’ means the annuity computed when a phased retiree attains full retirement status; (2) the term ‘‘full retirement status’’ means that a phased retiree has ceased employment and is entitled, upon application, to a com- posite retirement annuity; (3) the term ‘‘phased employment’’ means the less-than-full-time employment of a phased retiree; (4) the term ‘‘phased retiree’’ means a retire- ment-eligible employee who— (A) makes an election under subsection (b); and (B) has not entered full retirement status; (5) the term ‘‘phased retirement annuity’’ means the annuity payable under this section before full retirement; (6) the term ‘‘phased retirement percentage’’ means the percentage which, when added to the working percentage for a phased retiree, produces a sum of 100 percent; (7) the term ‘‘phased retirement period’’ means the period beginning on the date on which an individual becomes entitled to re- ceive a phased retirement annuity and ending on the date on which the individual dies or separates from phased employment; (8) the term ‘‘phased retirement status’’ means that a phased retiree is concurrently