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5 U.S.C. § 8462 — Cost-of-living adjustments

submitted 40 years ago by Pub. L. 99-335 to r/title-5-GOVERNMENT-ORGANIZATION-AND-EMPLOYEES · 935 words · no verdicts yet

in plain englishAI-generated · not legal advice

Each year, federal annuities get a cost-of-living raise based on how much prices went up. If prices rose 3% or less, the raise matches that, capped at 2%. If prices rose more than 3%, the raise equals the price increase minus 1%. Special rules apply to a person's first raise and to some annuitants under age 62.

(a) Definitions. The "base quarter" for a year is the three months ending September 30 of that year. The "price index" for that quarter is the average of the index over those three months. The "percent change in the price index" for a year is found by: taking that year's base-quarter price index; subtracting the base-quarter price index from the last year an adjustment was made; dividing that difference by the earlier index; and multiplying by 100.

(b) Each December 1 when an adjustment is due, every annuity from the Fund (except an annuity under section 8443) that started on or before that December 1 is adjusted this way: if prices rose 3% or less, the annuity increases by whichever is smaller — the price increase (rounded to the nearest tenth of a percent) or 2%. If prices rose more than 3%, the annuity increases by the price increase minus 1 percentage point. An adjustment only happens in a year if that year's base-quarter price index is higher than the price index from the last year an adjustment was made. Annuities under this chapter are not adjusted under the older section 8340 rule — though that does not change how section 8443(a)(2) amounts are computed.

(c) Who is eligible for an increase depends on when their annuity started, with some exceptions. If someone's first raise (other than a child annuitant under section 8443) comes partway through the year, it's prorated: one-twelfth of the year's percentage raise, multiplied by the number of months (up to 12) the annuity was already being paid before the raise took effect — or, for a survivor of someone who never got a raise, the number of months since the deceased person's annuity began. A survivor's annuity (other than certain widow/widower or child annuities) is increased, from the day it starts, by the total percentage the deceased annuitant's own annuity had been raised between when it began and when the person died. An annual raise does not apply to an annuitant who is under 62 years old when the raise would otherwise start — this rule applies only to annuitants under sections 8412, 8413, or 8414, except it does not apply to certain early or disability retirees described in section 8412(d)(1), 8412(e), or (for reserve technicians retired due to disability) 8414(c). A widow's or widower's first raise, if their annuity is computed under section 8442(g), is similarly prorated based on months since the last raise (or the start date) of the annuity their benefit was based on.

(d) After a raise, the monthly annuity payment is rounded down to the next whole dollar — but every raise must add at least $1 to the monthly payment.

(e) The $15,000 figure used in section 8442(b)(1)(A)(ii) goes up at the same time, and by the same percentage, as annuities under the older Civil Service Retirement System (subchapter III of chapter 83).

the actual law source: uscode.house.gov ↗public domain
(a)

For the purpose of this section—

(1)

the term “base quarter”, as used with respect to a year, means the calendar quarter ending on September 30 of such year;

(2)

the price index for a base quarter is the arithmetical mean of such index for the 3 months comprising such quarter; and

(3)

the term “percent change in the price index”, as used with respect to a year, means the percentage derived by—

(A)

reducing—

(i)

the price index for the base quarter of such year, by

(ii)

the price index for the base quarter of the preceding year in which an adjustment under this subsection was made;

(B)

dividing the difference under subparagraph (A) by the price index referred to in subparagraph (A)(ii); and

(C)

multiplying the quotient under subparagraph (B) by 100.

(b)
(1)

Except as provided in subsection (c), effective December 1 of any year in which an adjustment under this subsection is to be made, as determined under paragraph (2), each annuity payable from the Fund under this chapter (other than an annuity under section 8443) having a commencing date not later than such December 1 shall be adjusted as follows:

(A)

If the percent change in the price index for the year does not exceed 3 percent, each annuity subject to adjustment under this subsection shall be increased by the lesser of—

(i)

the percent change in the price index (rounded to the nearest one-tenth of 1 percent); or

(ii)

2 percent.

(B)

If the percent change in the price index for the year exceeds 3 percent, each annuity subject to adjustment under this subsection shall be increased by the excess of—

(i)

the percent change in the price index (rounded to the nearest one-tenth of 1 percent), over

(ii)

1 percent.

(2)

An adjustment under this subsection shall be made in a year only if the price index for the base quarter of such year exceeds the price index for the base quarter of the preceding year in which an adjustment under this subsection was made.

(3)

An annuity under this chapter shall not be subject to adjustment under section 8340. Nothing in the preceding sentence shall affect the computation of any amount under section 8443(a)(2).

(c)

Eligibility for an annuity increase under this section is governed by the commencing date of each annuity payable from the Fund as of the effective date of an increase, except as follows:

(1)

The first increase (if any) made under subsection (b) to an annuity which is payable from the Fund to an annuitant or survivor (other than a child under section 8443) whose annuity has not been increased under this subsection or subsection (b) shall be equal to the product (adjusted to the nearest one-tenth of 1 percent) of—

(A)

one-twelfth of the applicable percent change computed under subsection (b), multiplied by

(B)

the number of months (not to exceed 12 months, counting any portion of a month as a month)—

(i)

for which the annuity was payable from the Fund before the effective date of the increase; or

(ii)

in the case of a survivor of a deceased annuitant whose annuity has not been so increased, since the annuity was first payable to the deceased annuitant.

(2)

Effective from its commencing date, an annuity payable from the Fund to an annuitant’s survivor (other than a widow or widower whose annuity is computed under section 8442(g) or a child under section 8443) shall be increased by the total percentage by which the deceased annuitant’s annuity had been increased under this section during the period beginning on the date the deceased annuitant’s annuity commenced and ending on the date of the deceased annuitant’s death.

(3)
(A)

An adjustment under subsection (b) for any year shall not be effective with respect to the annuity of an annuitant who is under 62 years of age as of the date on which such adjustment would otherwise first take effect.

(B)
(i)

Except as provided in clause (ii), this paragraph applies only with respect to an annuitant under section 8412, 8413, or 8414.

(ii)

This paragraph does not apply with respect to an annuitant under subsection (d)(1) or (e) of section 8412 or (in the case of an annuitant separated from service as a military reserve technician as a result of disability) under section 8414(c).

(4)

The first increase (if any) made under subsection (b) to an annuity which is payable from the Fund to a widow or widower whose annuity is computed under section 8442(g) shall be equal to the product (adjusted to the nearest one-tenth of 1 percent) of—

(A)

one-twelfth of the applicable percent change computed under subsection (b), multiplied by

(B)

the number of months (not to exceed 12 months, counting any portion of a month as a month) since—

(i)

the effective date of the adjustment last made under this section in the annuity of the annuitant on whose service on the widow’s or widower’s annuity is based; or

(ii)

if the annuity of the annuitant (referred to in clause (i)) has not been increased under this section, the commencement date of such annuitant’s annuity (determined subject to section 8452(a)(1)(B)).

(d)

The monthly installment of an annuity after adjustment under this section shall be rounded to the next lowest dollar. However, the monthly installment shall, after adjustment, reflect an increase of at least $1.

(e)

The $15,000 amount referred to in section 8442(b)(1)(A)(ii) shall be increased at the same time that, and by the same percent as the percentage by which, annuities under subchapter III of chapter 83 are increased.

Source credit: (Added Pub. L. 99–335, title I, § 101(a), June 6, 1986, 100 Stat. 572; amended Pub. L. 99–556, title I, § 117(b), Oct. 27, 1986, 100 Stat. 3134; Pub. L. 117–225, § 3(b)(2)(A)(vi), Dec. 9, 2022, 136 Stat. 2296.)

history & why it existsrecord from the source credit
  • 1986Enacted · Pub. L. 99-335 · 100 Stat. 572
  • 1986Amended · Pub. L. 99-556 · 100 Stat. 3134
  • 2022Amended · Pub. L. 117-225 · 136 Stat. 2296

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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