50 U.S.C. § 2113 — Reemployment compensation

Page 360 TITLE 50—WAR AND NATIONAL DEFENSE § 2112 ice in the Agency whenever the Director deter- mines that such recall is in the public interest. (b) Pay of retired participant while serving A retired participant recalled to duty in the Agency under subsection (a) or reinstated or re- appointed in accordance with section 2051(c) of this title shall, while so serving, be entitled, in lieu of the retired participant’s annuity, to the full basic pay of the grade in which the retired participant is serving. During such service, the retired participant shall make contributions to the fund in accordance with section 2021 of this title. (c) Recomputation of annuity When the retired participant reverts to retired status, the annuity of the retired participant shall be redetermined in accordance with sec- tion 2031 of this title. (Pub. L. 88–643, title II, § 271, as added Pub. L. 102–496, title VIII, § 802, Oct. 24, 1992, 106 Stat. 3238; amended Pub. L. 118–31, div. G, title IX, § 7901(d)(3), Dec. 22, 2023, 137 Stat. 1106.) Editorial Notes PRIOR PROVISIONS A prior section 271 of Pub. L. 88–643, title II, Oct. 13, 1964, 78 Stat. 1052, related to recalled participants and was set out as a note under section 403 of this title prior to the general amendment of Pub. L. 88–643 by section 802 of Pub. L. 102–496. AMENDMENTS 2023—Subsec. (b). Pub. L. 118–31 substituted ‘‘section 2051(c)’’ for ‘‘section 2051(b)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on first day of fourth month begin- ning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title. Executive Documents WAIVER OF DUAL COMPENSATION PROVISIONS For waiver of application of the dual compensation reduction provisions of this section for temporary em- ployees during an emergency, see Ex. Ord. No. 13236, Nov. 27, 2001, 66 F.R. 59671, set out as a note under sec- tion 2141 of this title. § 2112. Reemployment A participant retired under this subchapter shall not, by reason of that retired status, be barred from employment in Federal Government service in any appointive position for which the participant is qualified. (Pub. L. 88–643, title II, § 272, as added Pub. L. 102–496, title VIII, § 802, Oct. 24, 1992, 106 Stat. 3238.) Editorial Notes PRIOR PROVISIONS A prior section 272 of Pub. L. 88–643, title II, Oct. 13, 1964, 78 Stat. 1053; Pub. L. 99–335, title V, § 501(2), June 6, 1986, 100 Stat. 622, related to reemployed participants and was set out as a note under section 403 of this title prior to the general amendment of Pub. L. 88–643 by section 802 of Pub. L. 102–496. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on first day of fourth month begin- ning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title. § 2113. Reemployment compensation (a) Deduction from basic pay An annuitant who has retired under this sub- chapter and who is reemployed in the Federal Government service in any appointive position (either on a part-time or full-time basis) shall be entitled to receive the annuity payable under this subchapter, but there shall be deducted from the annuitant’s basic pay a sum equal to the annuity allocable to the period of actual em- ployment. (b) Part-time reemployed annuitants The Director shall have the authority to reem- ploy an annuitant on a part-time basis in ac- cordance with section 8344(l) of title 5. (c) Recovery of overpayments In the event of an overpayment under this sec- tion, the amount of the overpayment shall be re- covered by withholding the amount involved from the basic pay payable to such reemployed annuitant or from any other moneys, including the annuitant’s annuity, payable in accordance with this subchapter. (d) Deposit in fund Sums deducted from the basic pay of a reem- ployed annuitant under this section shall be de- posited in the Treasury of the United States to the credit of the fund. (Pub. L. 88–643, title II, § 273, as added Pub. L. 102–496, title VIII, § 802, Oct. 24, 1992, 106 Stat. 3238; amended Pub. L. 116–92, div. E, title LXII, § 6202(d), Dec. 20, 2019, 133 Stat. 2186.) Editorial Notes PRIOR PROVISIONS A prior section 273 of Pub. L. 88–643, title II, Oct. 13, 1964, 78 Stat. 1053; Pub. L. 99–335, title V, § 501(2), June 6, 1986, 100 Stat. 622, related to reemployment com- pensation and was set out as a note under section 403 of this title prior to the general amendment of Pub. L. 88–643 by section 802 of Pub. L. 102–496. AMENDMENTS 2019—Subsecs. (b) to (d). Pub. L. 116–92 added subsec. (b) and redesignated former subsecs. (b) and (c) as (c) and (d), respectively. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on first day of fourth month begin- ning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title. Executive Documents WAIVER OF DUAL COMPENSATION PROVISIONS For waiver of application of the dual compensation reduction provisions of this section for temporary em- ployees during an emergency, see Ex. Ord. No. 13236, Nov. 27, 2001, 66 F.R. 59671, set out as a note under sec- tion 2141 of this title. Page 361 TITLE 50—WAR AND NATIONAL DEFENSE § 2131 PART I—VOLUNTARY CONTRIBUTIONS § 2121. Voluntary contributions (a) Authority for voluntary contributions (1) In general Under such regulations as may be prescribed by the Director, a participant may voluntarily contribute additional sums in multiples of one percent of the participant’s basic pay, but not in excess of 10 percent of such basic pay. (2) Interest The voluntary contribution account in each case is the sum of unrefunded contributions, plus interest— (A) for periods before January 1, 1985, at 3 percent a year; and (B) for periods on or after January 1, 1985, at the rate computed under section 8334(e) of title 5, compounded annually to the date of election under subsection (b) or the date of payment under subsection (d). (b) Treatment of voluntary contributions Effective on the date of retirement and at the election of the participant, the participant’s ac- count shall be— (1) returned in a lump sum; (2) used to purchase an additional life annu- ity; (3) used to purchase an additional life annu- ity for the participant and to provide for a cash payment on the participant’s death to a beneficiary; or (4) used to purchase an additional life annu- ity for the participant and a life annuity com- mencing on the participant’s death payable to a beneficiary, with a guaranteed return to the beneficiary or the beneficiary’s legal rep- resentative of an amount equal to the cash payment referred to in paragraph (3). In the case of a benefit provided under para- graph (3) or (4), the participant shall notify the Director in writing of the name of the bene- ficiary of the cash payment or life annuity to be paid upon the participant’s death. (c) Value of benefits The benefits provided by subsection (b)(2), (3), or (4) shall be actuarially equivalent in value to the payment provided for in subsection (b)(1) and shall be calculated upon such tables of mor- tality as may be from time to time prescribed for this purpose by the Director. (d) Lump-sum payment A voluntary contribution account shall be paid in a lump sum at such time as the partici- pant dies or separates from the Agency without entitlement to an annuity. In the case of death, the account shall be paid in the order of prece- dence specified in section 2071(c) of this title. (e) Benefits in addition to other benefits Any benefit payable to a participant or to the participant’s beneficiary with respect to the ad- ditional contributions provided under this sec- tion shall be in addition to benefits otherwise provided under this subchapter. (Pub. L. 88–643, title II, § 281, as added Pub. L. 102–496, title VIII, § 802, Oct. 24, 1992, 106 Stat. 3239.) Editorial Notes PRIOR PROVISIONS A prior section 281 of Pub. L. 88–643, title II, Oct. 13, 1964, 78 Stat. 1053; Ex. Ord. No. 12443, § 3, Sept. 27, 1983, 48 F.R. 44751; Pub. L. 99–335, title V, § 501(2), June 6, 1986, 100 Stat. 622, related to voluntary contributions and was set out as a note under section 403 of this title prior to the general amendment of Pub. L. 88–643 by section 802 of Pub. L. 102–496. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on first day of fourth month begin- ning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title. PART J—COST-OF-LIVING ADJUSTMENT OF ANNUITIES § 2131. Cost-of-living adjustment of annuities (a) In general Each annuity payable from the fund shall be adjusted as follows: (1) Each cost-of-living annuity increase under this section shall be identical to the corresponding percentage increase under sec- tion 8340(b) of title 5. (2) A cost-of-living increase made under paragraph (1) shall become effective under this section on the effective date of each such in- crease under section 8340(b) of title 5. Except as provided in subsection (b), each such in- crease shall be applied to each annuity pay- able from the fund which has a commencing date not later than the effective date of the in- crease. (b) Eligibility Eligibility for an annuity increase under this section shall be governed by the commencing date of each annuity payable from the fund as of the effective date of an increase, except as fol- lows: (1) The first cost-of-living increase (if any) made under subsection (a) to an annuity which is payable from the fund to a participant who retires, to the surviving spouse, former spouse, or previous spouse of a participant who dies in service, or to the surviving spouse, former spouse, previous spouse, or insurable interest designee of a deceased annuitant whose annu- ity has not been increased under this sub- section or subsection (a), shall be equal to the product (adjusted to the nearest 1⁄10 of one per- cent) of— (A) 1⁄12 of the applicable percent change computed under subsection (a), multiplied by (B) the number of months (not to exceed 12 months, counting any portion of a month as a month)— (i) for which the annuity was payable from the fund before the effective date of the increase, or (ii) in the case of a surviving spouse, former spouse, previous spouse, or insur- able interest designee of a deceased annu- itant whose annuity has not been so in- creased, since the annuity was first pay- able to the deceased annuitant.