5 U.S.C. § 8318 — Restoration of annuity or retired pay
submitted 60 years ago by Pub. L. 89-554 to r/title-5-GOVERNMENT-ORGANIZATION-AND-EMPLOYEES · 280 words · no verdicts yet
This section addresses restoration of annuity or retired pay. It sets out the powers, duties, requirements, rights, limits, or penalties stated in the section.
(a) If an individual who was convicted, before, on, or after September 1, 1954 , of—
(1) an offense named by section 8312 of this title ; or
(2) an offense constituting a violation of section 8314 or 8315 of this title; is pardoned by the President, the right of the individual and his survivor or beneficiary to receive annuity or retired pay previously denied under this subchapter is restored as of the date of the pardon.
(b) The President may restore, effective as of the date he prescribes, the right to receive annuity or retired pay which is denied, before, on, or after September 1, 1954 , under section 8314 or 8315 of this title, to the individual and to his survivor or beneficiary.
(c) Payment of annuity or retired pay which results from pardon or restoration by the President under subsections
(a) or
(b) of this section may not be made for a period before—
(1) the date of pardon referred to by subsections
(a) of this section; or
(2) the effective date of restoration referred to by subsections
(b) of this section.
(d) Credit for a period of service covered by a refund under section 8316 of this title is allowed only after the amount refunded has been redeposited.
(e) The spouse of an individual whose annuity or retired pay is forfeited under section 8312 or 8313 after the date of enactment of this subsections must be eligible for spousal pension benefits if the Attorney General of the United States determines that the spouse fully cooperated with Federal authorities in the conduct of a criminal investigation and subsequent prosecution of the individual which resulted in such forfeiture.
If an individual who was convicted, before, on, or after September 1, 1954, of—
an offense named by section 8312 of this title; or
an offense constituting a violation of section 8314 or 8315 of this title;
is pardoned by the President, the right of the individual and his survivor or beneficiary to receive annuity or retired pay previously denied under this subchapter is restored as of the date of the pardon.
The President may restore, effective as of the date he prescribes, the right to receive annuity or retired pay which is denied, before, on, or after September 1, 1954, under section 8314 or 8315 of this title, to the individual and to his survivor or beneficiary.
Payment of annuity or retired pay which results from pardon or restoration by the President under subsection (a) or (b) of this section may not be made for a period before—
the date of pardon referred to by subsection (a) of this section; or
the effective date of restoration referred to by subsection (b) of this section.
Credit for a period of service covered by a refund under section 8316 of this title is allowed only after the amount refunded has been redeposited.
The spouse of an individual whose annuity or retired pay is forfeited under section 8312 or 8313 after the date of enactment of this subsection shall be eligible for spousal pension benefits if the Attorney General of the United States determines that the spouse fully cooperated with Federal authorities in the conduct of a criminal investigation and subsequent prosecution of the individual which resulted in such forfeiture.
Source credit: (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 563; Pub. L. 104–93, title III, § 305, Jan. 6, 1996, 109 Stat. 965.)
- 1966Enacted · Pub. L. 89-554 · 80 Stat. 563
- 1996Amended · Pub. L. 104-93 · 109 Stat. 965
A history note hasn’t been published yet. The record shows enactment by Pub. L. 89-554 on 1966-09-06.
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