5 U.S.C. § 8338 — Deferred retirement
submitted 60 years ago by Pub. L. 89-554 to r/title-5-GOVERNMENT-ORGANIZATION-AND-EMPLOYEES · 249 words · no verdicts yet
This section covers workers, Members of Congress, and judges who leave government before qualifying for immediate retirement. With at least five years of service, they can collect a deferred annuity starting at a set age. That age is usually 62, but some Members and judges qualify earlier, sometimes at a reduced rate.
(a) An employee who leaves government service, or moves to a job not covered by this retirement system, after completing 5 years of civilian service gets an annuity starting at age 62.
(b) A Member of Congress who leaves after December 31, 1955, with 5 years of civilian service gets an annuity starting at age 62. A Member with 10 or more years of Member service gets it starting at age 60. A Member with 20 or more years of total service, including at least 10 years as a Member, gets a reduced annuity starting at age 50.
(c) A judge of the U.S. Court of Appeals for the Armed Forces who leaves with 5 years of civilian service gets an annuity starting at age 62. A judge who leaves after finishing the full term they were appointed for gets an annuity right away — but if they choose to start it before turning 60, it's reduced.
(d) The dollar amount of any annuity under this section is worked out using section 8339.
An employee who is separated from the service or transferred to a position in which he does not continue subject to this subchapter after completing 5 years of civilian service is entitled to an annuity beginning at the age of 62 years.
A Member who, after December 31, 1955, is separated from the service as a Member after completing 5 years of civilian service is entitled to an annuity beginning at the age of 62 years. A Member who is separated from the service after completing 10 or more years of Member service is entitled to an annuity beginning at the age of 60 years. A Member who is separated from the service after completing 20 or more years of service, including 10 or more years of Member service, is entitled to a reduced annuity beginning at the age of 50 years.
A judge of the United States Court of Appeals for the Armed Forces who is separated from the service after completing 5 years of civilian service is entitled to an annuity beginning at the age of 62 years. A judge of such court who is separated from the service after completing the term of service for which he was appointed is entitled to an annuity. If an annuity is elected before the judge becomes 60 years of age, it shall be a reduced annuity.
An annuity or reduced annuity authorized by this section is computed under section 8339 of this title.
Source credit: (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 574; Pub. L. 90–83, § 1(77), Sept. 11, 1967, 81 Stat. 214; Pub. L. 98–94, title XII, § 1256(d), Sept. 24, 1983, 97 Stat. 702; Pub. L. 103–337, div. A, title IX, § 924(d)(1)(A), Oct. 5, 1994, 108 Stat. 2832.)
- 1966Enacted · Pub. L. 89-554 · 80 Stat. 574
- 1967Amended · Pub. L. 90-83 · 81 Stat. 214
- 1983Amended · Pub. L. 98-94 · 97 Stat. 702
- 1994Amended · Pub. L. 103-337 · 108 Stat. 2832
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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