5 U.S.C. § 8413 — Deferred retirement
submitted 40 years ago by Pub. L. 99-335 to r/title-5-GOVERNMENT-ORGANIZATION-AND-EMPLOYEES · 243 words · no verdicts yet
An employee or Member who leaves covered service with enough service may receive a deferred annuity. The section sets age 62 eligibility, an earlier minimum-retirement-age option, and conditions that make that election effective.
(a) Separation, or transfer to a position no longer covered by this chapter, after 5 years of service* gives an annuity beginning at age 62. (b)(1) Separation or such transfer after 10 years but before the applicable minimum retirement age in section 8412(h) gives an annuity beginning on the date chosen in a written election. That date cannot be before the minimum age or on or after age 62. (2) The election works only if made at the time and in the manner set by Office* regulations and the person would not otherwise qualify for an annuity within 31 days after filing. (3) Choosing this annuity ends the right to any other annuity based on the same service.
An employee* or Member* who is separated from the service*, or transferred to a position in which the employee or Member does not continue subject to this chapter, after completing 5 years of service is entitled to an annuity beginning at the age of 62 years.
An employee or Member who is separated from the service, or transferred to a position in which the employee or Member does not continue subject to this chapter, after completing 10 years of service but before attaining the applicable minimum retirement age under section 8412(h) is entitled to an annuity beginning on the date designated by the employee or Member in a written election under this subsection. The date designated under this subsection may not precede the date on which the employee or Member attains such minimum retirement age and must precede the date on which the employee or Member becomes 62 years of age.
The election of an annuity under this subsection shall not be effective unless—
it is made at such time and in such manner as the Office* shall by regulation prescribe; and
the employee or Member will not otherwise be eligible to receive an annuity within 31 days after filing the election.
The election of an annuity under this subsection extinguishes the right of the employee or Member to receive any other annuity based on the service on which the annuity under this subsection is based.
Source credit: (Added Pub. L. 99–335, title I, § 101(a), June 6, 1986, 100 Stat. 525; amended Pub. L. 99–556, title I, § 105(b)(1), Oct. 27, 1986, 100 Stat. 3132.)
- 1986Enacted · Pub. L. 99-335 · 100 Stat. 525
- 1986Amended · Pub. L. 99-556 · 100 Stat. 3132
A history note hasn’t been published yet. The record shows enactment by Pub. L. 99-335 on 1986-06-06.
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