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5 U.S.C. § 8318Restoration 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

in plain englishAI-generated · not legal advice

A presidential pardon restores annuity or retired pay that was denied for a listed conviction or violation. The President can also directly restore pay denied for refusing to testify or lying on an application. Restored payments only start from the pardon or restoration date, not earlier.

(a) If an individual was convicted, before, on, or after September 1, 1954, of (1) an offense named in section 8312 of this title, or (2) a violation of section 8314 or 8315 of this title, and the President pardons them, then the right of that individual — and their survivor or beneficiary — to receive annuity or retired pay previously denied under this subchapter is restored, effective as of the pardon date. (b) The President may also restore, effective as of a date the President sets, the right to receive annuity or retired pay that was denied, before, on, or after September 1, 1954, under section 8314 or 8315 of this title, to the individual and to their survivor or beneficiary. (c) Payment resulting from a pardon or restoration under subsection (a) or (b) can't be made for any period before (1) the date of the pardon referred to in subsection (a), or (2) the effective date of the restoration referred to in subsection (b). (d) Credit for a period of service covered by a refund under section 8316 of this title is allowed only after the refunded amount has been redeposited. (e) The spouse of an individual whose annuity or retired pay is forfeited under section 8312 or 8313, after this subsection became law, is eligible for spousal pension benefits if the Attorney General determines the spouse fully cooperated with federal authorities in the criminal investigation and prosecution that led to the forfeiture.
the actual law source: uscode.house.gov ↗public domain
(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 subsection (a) or (b) of this section may not be made for a period before—

(1)

the date of pardon referred to by subsection (a) of this section; or

(2)

the effective date of restoration referred to by subsection (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 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.)

history & why it existsrecord from the source credit
  • 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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