5 U.S.C. § 8311 — Definitions

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 Page 969 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 8311 under the statute, regulation, or agreement which provides the benefit, but does not in- clude— (A) a benefit provided under statutes ad- ministered by the Department of Veterans Affairs; (B) pay or compensation which may not be diminished under section 1 of Article III of the Constitution of the United States; (C) that portion of a benefit payable under subchapter II of chapter 7 of title 42 which would be payable without taking into ac- count, for any of the purposes of that sub- chapter, including determinations of periods of disability under section 416(i) of title 42, pay for services as an employee; (D) monthly annuity awarded under sec- tion 228b or 228e of title 45 before September 26, 1961, whether or not computed under sec- tion 228c(e) of title 45; (E) that portion of an annuity awarded under section 228b or 228e of title 45 after September 25, 1961, which would be payable without taking into account military serv- ice creditable under section 228c–1 of title 45; (F) a retirement benefit, including a dis- ability insurance benefit and a dependent’s or survivor’s benefit under subchapter II of chapter 7 of title 42, awarded before Sep- tember 1, 1954, to an individual or his sur- vivor or beneficiary, insofar as the indi- vidual, before September 1, 1954— (i) was convicted of an offense named by subsection (b) of section 8312 of this title, to the extent provided by that subsection; or (ii) violated section 8314 or 8315(a)(1) of this title; or (G) a retirement benefit, including a dis- ability insurance benefit and a dependent’s or survivor’s benefit under subchapter II of chapter 7 of title 42, awarded before Sep- tember 26, 1961, to an individual or his sur- vivor or beneficiary, insofar as the indi- vidual, before September 26, 1961— (i) was convicted of an offense named by subsection (c) of section 8312 of this title, to the extent provided by that subsection; or (ii) violated section 8315(a)(2) of this title; and (3) ‘‘retired pay’’ means retired pay, retire- ment pay, retainer pay, or equivalent pay, payable under a statute to a member or former member of a uniformed service, and an annuity payable to an eligible beneficiary of the member or former member under chapter 73 of title 10 or section 5 of the Uniformed Services Contingency Option Act of 1953 (67 Stat. 504), but does not include— (A) a benefit provided under statutes ad- ministered by the Department of Veterans Affairs; (B) retired pay, retirement pay, retainer pay, or equivalent pay, awarded before Sep- tember 1, 1954, to an individual, insofar as the individual, before September 1, 1954— (i) was convicted of an offense named by subsection (b) of section 8312 of this title, to the extent provided by that subsection; or (ii) violated section 8314 or 8315(a)(1) of this title; (C) retired pay, retirement pay, retainer pay, or equivalent pay, awarded before Sep- tember 26, 1961, to an individual, insofar as the individual, before September 26, 1961— (i) was convicted of an offense named by subsection (c) of section 8312 of this title, to the extent provided by that subsection; or (ii) violated section 8315(a)(2) of this title; or (D) an annuity payable to an eligible bene- ficiary of an individual under chapter 73 of title 10 or section 5 of the Uniformed Serv- ices Contingency Option Act of 1953 (67 Stat. 504), if the annuity was awarded to the bene- ficiary, or if retired pay was awarded to the individual, before September 26, 1961, insofar as the individual, on the basis of whose serv- ice the annuity was awarded, before Sep- tember 26, 1961— (i) was convicted of an offense named by section 8312 of this title, to the extent pro- vided by that section; or (ii) violated section 8314 or 8315 of this title. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 557; Pub. L. 102–54, § 13(b)(1), June 13, 1991, 105 Stat. 274.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 2281. Sept. 26, 1961, Pub. L. 87–299, § 1 ‘‘Sec. 10’’, 75 Stat. 646. The words ‘‘and section 3282 of Title 18’’ are omitted as unnecessary. In paragraph (1)(A), the words ‘‘an employee as de- fined by section 2105 of this title’’ are coextensive with and substituted for ‘‘an officer or employee in or under the legislative, executive, or judicial branch of the Government of the United States’’. In paragraph (1)(B), the reference to ‘‘Resident Com- missioner’’ is omitted as included in ‘‘Member of Con- gress’’ in view of the definition of ‘‘Member of Con- gress’’ in section 2106. In paragraph (1)(C), the words ‘‘uniformed service’’ are coextensive with and substituted for ‘‘armed forces, the Coast and Geodetic Survey, or the Public Health Service’’ in view of the definition of ‘‘uniformed serv- ices’’ in section 2101. In paragraph (3), the words ‘‘uniformed service’’ are coextensive with and substituted for ‘‘armed forces, the Coast and Geodetic Survey, and the Public Health Service’’ in view of the definition of ‘‘uniformed serv- ices’’ in section 2101. The definition of ‘‘armed forces’’ in former section 2281(4) is omitted as unnecessary in view of the defini- tion of ‘‘armed forces’’ in section 2101. 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 Subchapter II of chapter 7 of title 42, referred to in par. (2), is classified to section 401 et seq. of Title 42, The Public Health and Welfare. Sections 228b, 228c(e), 228c–1, and 228e of title 45, re- ferred to in par. (2), are references to sections 2, 3(e), 4, and 5 of the Railroad Retirement Act of 1937. That Act Page 970 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 8312 was amended in its entirety and completely revised by Pub. L. 93–445, Oct. 16, 1974, 88 Stat. 1305. The Act, as thus amended and revised, was redesignated the Rail- road Retirement Act of 1974, and is classified to sub- chapter IV (section 231 et seq.) of chapter 9 of Title 45, Railroads. 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 Title 10, Armed Forces. AMENDMENTS 1991—Pars. (2)(A), (3)(A). Pub. L. 102–54 substituted ‘‘Department of Veterans Affairs’’ for ‘‘Veterans’ Ad- ministration’’. § 8312. Conviction of certain offenses (a) An individual, or his survivor or bene- ficiary, may not be paid annuity or retired pay on the basis of the service of the individual which is creditable toward the annuity or re- tired pay, subject to the exceptions in section 8311(2) and (3) of this title, if the individual— (1) was convicted, before, on, or after Sep- tember 1, 1954, of an offense named by sub- section (b) of this section, to the extent pro- vided by that subsection; or (2) was convicted, before, on, or after Sep- tember 26, 1961, of an offense named by sub- section (c) of this section, to the extent pro- vided by that subsection. The prohibition on payment of annuity or re- tired pay applies— (A) with respect to the offenses named by subsection (b) of this section, to the period after the date of the conviction or after Sep- tember 1, 1954, whichever is later; and (B) with respect to the offenses named by subsection (c) of this section, to the period after the date of conviction or after September 26, 1961, whichever is later. (b) The following are the offenses to which subsection (a) of this section applies if the indi- vidual was convicted before, on, or after Sep- tember 1, 1954: (1) An offense within the purview of— (A) section 792 (harboring or concealing persons), 793 (gathering, transmitting, or losing defense information), 794 (gathering or delivering defense information to aid for- eign government), or 798 (disclosure of clas- sified information), of chapter 37 (relating to espionage and censorship) of title 18; (B) chapter 105 (relating to sabotage) of title 18; (C) section 2381 (treason), 2382 (misprision of treason), 2383 (rebellion or insurrection), 2384 (seditious conspiracy), 2385 (advocating overthrow of government), 2387 (activities affecting armed forces generally), 2388 (ac- tivities affecting armed forces during war), 2389 (recruiting for service against United States), or 2390 (enlistment to serve against United States), of chapter 115 (relating to treason, sedition, and subversive activities) of title 18; (D) section 10(b)(2), (3), or (4) of the Atomic Energy Act of 1946 (60 Stat. 766, 767), as in ef- fect before August 30, 1954; (E) section 16(a) or (b) of the Atomic En- ergy Act of 1946 (60 Stat. 773), as in effect be- fore August 30, 1954, insofar as the offense is committed with intent to injure the United States or with intent to secure an advantage to a foreign nation; or (F) an earlier statute on which a statute named by subparagraph (A), (B), or (C) of this paragraph (1) is based. (2) An offense within the purview of— (A) article 104 (aiding the enemy), article 103a (espionage), or article 106 (spies) of the Uniform Code of Military Justice (chapter 47 of title 10) or an earlier article on which ar- ticle 104 or article 106, as the case may be, is based; or (B) a current article of the Uniform Code of Military Justice (or an earlier article on which the current article is based) not named by subparagraph (A) of this para- graph (2) on the basis of charges and speci- fications describing a violation of a statute named by paragraph (1), (3), or (4) of this subsection, if the executed sentence includes death, dishonorable discharge, or dismissal from the service, or if the defendant dies be- fore execution of that sentence as finally ap- proved. (3) Perjury committed under the statutes of the United States or the District of Colum- bia— (A) in falsely denying the commission of an act which constitutes an offense within the purview of— (i) a statute named by paragraph (1) of this subsection; or (ii) an article or statute named by para- graph (2) of this subsection insofar as the offense is within the purview of an article or statute named by paragraph (1) or (2) (A) of this subsection; (B) in falsely testifying before a Federal grand jury, court of the United States, or court-martial with respect to his service as an employee in connection with a matter in- volving or relating to an interference with or endangerment of, or involving or relating to a plan or attempt to interfere with or en- danger, the national security or defense of the United States; or (C) in falsely testifying before a congres- sional committee in connection with a mat- ter under inquiry before the congressional committee involving or relating to an inter- ference with or endangerment of, or involv- ing or relating to a plan or attempt to inter- fere with or endanger, the national security or defense of the United States. (4) Subornation of perjury committed in con- nection with the false denial or false testi- mony of another individual as specified by paragraph (3) of this subsection. (c) The following are the offenses to which subsection (a) of this section applies if the indi- vidual was convicted before, on, or after Sep- tember 26, 1961: (1) An offense within the purview of— (A) section 2272 (violation of specific sec- tions) or 2273 (violation of sections generally of chapter 23 of title 42) of title 42 insofar as the offense is committed with intent to in- jure the United States or with intent to se- cure an advantage to a foreign nation;