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50 U.S.C. § 2056 — Eligibility for annuity

submitted 34 years ago by Pub. L. 88-643 to r/title-50-WAR-AND-NATIONAL-DEFENSE · 173 words · no verdicts yet

in plain englishAI-generated · not legal advice

A participant generally must have at least one year of qualifying, paid civilian service during the last two years before separation to qualify for an annuity based on that separation. Contributions deducted during an ineligible period must be refunded, but earlier separation-based annuity rights remain.

(a) Except for separation because of death or disability, during the last two years before separation a participant must complete at least one year of creditable civilian service while covered by this subchapter and in pay status. This must happen before the participant or survivors can receive an annuity under this subchapter based on that separation. (b) If a participant not separated for death or disability fails this requirement, amounts deducted from pay during the period that gives no eligibility based on the separation must be returned at separation. (c) Failing this requirement does not take away an annuity to which the participant or survivors are entitled under this subchapter based on an earlier separation..

the actual law source: uscode.house.gov ↗public domain
(a) One-out-of-two requirement

A participant must complete, within the last two years before any separation from service (except a separation because of death or disability) at least one year of creditable civilian service during which the participant is subject to this subchapter and in a pay status before the participant or the participant’s survivors are eligible for an annuity under this subchapter based on that separation.

(b) Refund of contributions for time not allowed for credit

If a participant (other than a participant separated from the service because of death or disability) fails to meet the service and pay status requirement of subsection (a), any amounts deducted from the participant’s pay during the period for which no eligibility is established based on the separation shall be returned to the participant on the separation.

(c) Exception

Failure to meet the service and pay status requirement of subsection (a) shall not deprive the participant or the participant’s survivors of any annuity to which they may be entitled under this subchapter based on a previous separation.

Source credit: (Pub. L. 88–643, title II, § 236, as added Pub. L. 102–496, title VIII, § 802, Oct. 24, 1992, 106 Stat. 3226.)

history & why it existsrecord from the source credit
  • 1992Enacted · Pub. L. 88-643 · 106 Stat. 3226

A history note hasn’t been published yet. The record shows enactment by Pub. L. 88-643 on 1992-10-24.

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