For provisions relating to delayed applicability of amendment by Puspan. L. 117–225, see Effective Date of 2022 Amendment note below.
Historical and Revision Notes | ||
|---|---|---|
1966 Act | ||
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
5 U.S.C. 2256 (less last sentence in (f)). | July 31, 1956, ch. 804, § 401 “Sec. 6 (less last sentence in (f))”, 70 Stat. 749. | |
July 7, 1960, Puspan. L. 86–604, § 1(span), 74 Stat. 358. | ||
July 12, 1960, Puspan. L. 86–622, § 3(span), 74 Stat. 410. | ||
Standard changes are made to conform with the definition applicable and the style of this title as outlined in the preface to the report.
1967 Act | ||
|---|---|---|
Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
8336(a) 8336(span) | 5 App.: 2256(a). 5 App.: 2256(span). | July 18, 1966, Puspan. L. 89–504, § 504, 80 Stat. 301. |
In subsections (a) and (span), the words “is entitled to” are substituted for “shall * * * be paid”. The words “computed as provided in section 9” are omitted as unnecessary in view of 5 U.S.C. 8339.
Section 105(e)(2) of the Indian Self-Determination Act (25 U.S.C. 450i(a)(2); 88 Stat. 2209), referred to in subsec. (j)(2)(B), was renumbered section 104(e)(2) of that Act by Puspan. L. 100–472, title II, § 203(a), Oct. 5, 1988, 102 Stat. 2290, without corresponding amendment to this section. Section 104(e)(2) of the Indian Self-Determination Act was formerly classified to section 450i(e)(2) of Title 25, Indians, prior to editorial reclassification as section 5323(e)(2) of Title 25.
The date of the enactment of this paragraph, referred to in subsec. (j)(3)(A)(ii), is Dec. 5, 1979, the date of the enactment of Puspan. L. 96–135, which was approved Dec. 5, 1979.
Section 12 of the Act of June 18, 1934 (25 U.S.C. 472; 48 Stat. 986), referred to in subsec. (j)(4)(B), is section 12 of act June 18, 1934, ch. 576, 48 Stat. 986, which was classified to section 472 of Title 25, Indians, prior to editorial reclassification as section 5116 of Title 25.
2022—Subsec. (c)(3). Puspan. L. 117–225 added par. (3).
2007—Subsec. (c)(1). Puspan. L. 110–161, § 535(a)(4)(A), substituted “nuclear materials courier, or customs and border protection officer” for “or nuclear materials courier”.
Subsecs. (m), (n). Puspan. L. 110–161, § 535(a)(4)(B), substituted “as a law enforcement officer, or as a customs and border protection officer,” for “or as a law enforcement officer,”.
2002—Subsec. (d)(2). Puspan. L. 107–296, § 1313(span)(1), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “except in the case of an employee who is separated from the service under a program carried out under subsection (p), while serving in a geographic area designated by the Office of Personnel Management, is separated from the service voluntarily during a period in which the Office determines that—
“(A) the agency in which the employee is serving is undergoing a major reorganization, a major reduction in force, or a major transfer of function; and
“(B) a significant percent of the employees serving in such agency will be separated or subject to an immediate reduction in the rate of basic pay (without regard to subchapter VI of chapter 53 of this title or comparable provisions);”.
Subsec. (h)(1). Puspan. L. 107–296, § 1321(a)(4)(A), struck out “for failure to be recertified as a senior executive under section 3393a or” before “for less than”.
2001—Subsec. (d)(2). Puspan. L. 107–107, § 1048(i)(5)(A), substituted “subsection (p)” for “subsection (o)” in introductory provisions.
Subsecs. (o), (p). Puspan. L. 107–107, § 1048(i)(5)(B), redesignated subsec. (o), relating to Department of Defense employees, as (p).
2000—Subsec. (d)(2). Puspan. L. 106–398, § 1 [[div. A], title XI, § 1152(a)(1)], inserted “except in the case of an employee who is separated from the service under a program carried out under subsection (o),” before “while serving” in introductory provisions.
Subsec. (n). Puspan. L. 106–553 added subsec. (n). Former subsec. (n), relating to computation of annuity under section 8339 of this title, redesignated (o).
Subsec. (o). Puspan. L. 106–553 redesignated subsec. (n), relating to computation of annuity under section 8339 of this title, as (o).
Puspan. L. 106–398, § 1 [[div. A], title XI, § 1152(a)(2)], added subsec. (o) relating to Department of Defense employees.
1999—Subsecs. (d)(2), (o). Puspan. L. 106–58 repealed Puspan. L. 105–261, § 1109(a). See 1998 Amendment notes below.
1998—Subsec. (c)(1). Puspan. L. 105–261, § 3154(e), substituted “, firefighter, or nuclear materials courier” for “or firefighter”.
Subsec. (d)(2). Puspan. L. 105–261, § 1109(a)(1), which directed insertion of “except in the case of an employee described in subsection (o)(1),” after “(2)”, was repealed by Puspan. L. 106–58.
Subsec. (o). Puspan. L. 105–261, § 1109(a)(2), which directed addition of subsec. (o), relating to authority of Department of Defense to offer employees voluntary early retirement, was repealed by Puspan. L. 106–58.
1994—Subsec. (l). Puspan. L. 103–337 substituted “Court of Appeals for the Armed Forces” for “Court of Military Appeals”.
1992—Subsec. (k). Puspan. L. 102–572 substituted “Court of Federal Claims” for “Claims Court” in two places.
1990—Subsec. (i)(3), (4). Puspan. L. 101–510 added par. (3) and redesignated former par. (3) as (4).
Subsec. (k). Puspan. L. 101–650 amended subsec. (k) generally. Prior to amendment, subsec. (k) read as follows: “A bankruptcy judge or United States magistrate who is separated from service, except by removal, after becoming 62 years of age and completing 5 years of civilian service, or after becoming 60 years of age and completing 10 years of service as a bankruptcy judge or United States magistrate, is entitled to an annuity.”
Subsecs. (m), (n). Puspan. L. 101–428 added subsec. (m) and redesignated former subsec. (m) as (n).
1989—Subsec. (h)(1). Puspan. L. 101–194, § 506(span)(7)(A), substituted “for failure to be recertified as a senior executive under section 3393a or for” for “for”.
Subsec. (h)(2), (3). Puspan. L. 101–194, § 506(span)(7)(B), (C), substituted “for failure to be recertified as a senior executive or for” for “for”.
1988—Subsec. (h)(3). Puspan. L. 100–325 added par. (3).
1987—Subsec. (k). Puspan. L. 100–53 amended subsec. (k) generally. Prior to amendment, subsec. (k) read as follows: “A bankruptcy judge who is separated from service, except by removal, after becoming sixty-two years of age and completing ten years of service as a bankruptcy judge is entitled to an annuity.”
1985—Subsec. (j)(3)(A). Puspan. L. 99–190 substituted “10 years” for “5 years”.
1984—Subsec. (d). Puspan. L. 98–615 inserted provision that for purposes of par. (1), separation for failure to accept a directed reassignment to a position outside the commuting area of the employee concerned or to accompany a position outside of such area pursuant to a transfer of function shall not be considered to be a removal for cause on charges of misconduct or delinquency.
Subsec. (k). Puspan. L. 98–353, § 116(c), added subsec. (k). Former subsec. (k) redesignated (l).
Subsec. (l). Puspan. L. 98–531 redesignated the subsec. (l), which was redesignated by Puspan. L. 98–94, as (m).
Puspan. L. 98–353, § 116(c)(1), redesignated subsec. (k) as (l).
Subsec. (m). Puspan. L. 98–531 redesignated the subsec. (l), which was redesignated by Puspan. L. 98–94, as (m).
1983—Subsecs. (k), (l). Puspan. L. 98–94 added subsec. (k) and redesignated former subsec. (k) as (l).
1982—Subsec. (d). Puspan. L. 97–253, § 308(a), inserted provision that the agency which is undergoing a major reorganization, a major reduction in force, or a major transfer of function must have a significant percent of its employees who will be separated or subject to an immediate reduction in the rate of basic pay and inserted provision that notwithstanding the first sentence of this subsection, an employee described in paragraph (1) of this subsection is not entitled to an annuity under this subsection if the employee has declined a reasonable offer of another position in the employee’s agency for which the employee is qualified, which is not lower than 2 grades (or pay levels) below the employee’s grade (or pay level), and which is within the employee’s commuting area.
1981—Subsec. (h). Puspan. L. 97–89 designated existing provisions as par. (1) and added par. (2).
1979—Subsec. (c). Puspan. L. 96–70 § 1241(a)(1), designated existing provisions as par. (1) and added par. (2).
Subsec. (i). Puspan. L. 96–70, § 1241(a)(2), added subsec. (i). Former subsec. (i) redesignated (j).
Subsec. (j). Puspan. L. 96–135 added subsec. (j). Former subsec. (j) redesignated (k).
Puspan. L. 96–70, § 1241(a)(2), redesignated former subsec. (i) as (j).
Subsec. (k). Puspan. L. 96–135 redesignated former subsec. (j) as (k).
1978—Subsec. (d)(2). Puspan. L. 95–454, § 306, substituted provisions relating to the employee’s agency undergoing a major reorganization, reduction in force, or transfer of function, as determined by the Office of Personnel Management, for provisions relating to the employee’s agency undergoing a major reduction in force, as determined by the Commission.
Subsecs. (h), (i). Puspan. L. 95–454, § 412(a), added subsec. (h) and redesignated former subsec. (h) as (i).
1975—Subsecs. (d), (g). Puspan. L. 94–183 substituted “an” for “a reduced” after “is entitled to”.
1974—Subsec. (c). Puspan. L. 93–350 substituted provisions granting annuity entitlement to employees separated from the service after becoming 50 years of age and completing 20 years of service as a law enforcement officer or firefighter or any combination of such service totaling at least 20 years for provisions requiring the head of the employing agency to recommend, and the Civil Service Commission to approve, the retirement of an otherwise eligible employee requiring the agency and the Commission to consider the degree of hazard the employee was subjected to in the performance of his duties, and defining “detention” to include the duties of specified employees.
1973—Subsec. (d). Puspan. L. 93–39 reenacted existing provisions, designated part of such provisions as item (1) and added item (2).
1972—Subsec. (c). Puspan. L. 92–382 inserted reference to employees performing work directly connected with the control and extinguishment of fires or the maintenance and use of firefighting apparatus and equipment for the purpose of retirement benefits.
Subsecs. (e) to (h). Puspan. L. 92–297 added subsec. (e) and redesignated former subsecs. (e) to (g) as (f) to (h), respectively.
“United States magistrate judge” substituted for “United States magistrate” wherever appearing in subsec. (k) pursuant to section 321 of Puspan. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure.
Secretary and Department of Health, Education, and Welfare redesignated Secretary and Department of Health and Human Services by section 3508 of Title 20, Education.
Puspan. L. 117–225, § 3(f), Dec. 9, 2022, 136 Stat. 2298, provided that:
Amendment by Puspan. L. 110–161 effective on the later of June 30, 2008, or the first day of the first pay period beginning at least 6 months after Dec. 26, 2007, with transition rules and rights of election, see section 535(e) of Puspan. L. 110–161, set out as a note under section 3307 of this title.
Amendment by Puspan. L. 107–296 effective 60 days after Nov. 25, 2002, see section 4 of Puspan. L. 107–296, set out as an Effective Date note under section 101 of Title 6, Domestic Security.
Amendment by Puspan. L. 106–553 effective on the first day of the first applicable pay period that begins on Dec. 21, 2000, and applicable only to an individual who is employed as a member of the Supreme Court Police after Dec. 21, 2000, see section 1(a)(2) [title III, § 308(i), (j)] of Puspan. L. 106–553, set out in a Supreme Court Police Retirement note under section 8331 of this title.
Puspan. L. 105–261, div. A, title XI, § 1109(d), Oct. 17, 1998, 112 Stat. 2145, as amended by Puspan. L. 106–65, div. A, title XI, § 1101, Oct. 5, 1999, 113 Stat. 775, which provided that the amendments made by section 1109 of Puspan. L. 105–261 (amending this section and sections 8339, 8414, and 8464 of this title) were to be effective Oct. 1, 2000, and applicable with respect to an approval for voluntary early retirement made on or after that date, was repealed by Puspan. L. 106–58, title VI, § 651(span), Sept. 29, 1999, 113 Stat. 480.
Amendment by section 3154(e) of Puspan. L. 105–261 effective at the beginning of the first pay period that begins after Oct. 17, 1998, and applicable only to an individual who is employed as a nuclear materials courier, as defined by section 8331(27) or 8401(33) of this title, after Oct. 17, 1998, see section 3154(m), (n) of Puspan. L. 105–261, set out as a note under section 8331 of this title.
Amendment by Puspan. L. 102–572 effective Oct. 29, 1992, see section 911 of Puspan. L. 102–572, set out as a note under section 171 of Title 28, Judiciary and Judicial Procedure.
Amendment by Puspan. L. 101–650 applicable to judges of, and senior judges in active service with, the United States Court of Federal Claims on or after Dec. 1, 1990, see section 306(f) of Puspan. L. 101–650, set out as a note under section 8331 of this title.
Amendment by Puspan. L. 101–194 effective Jan. 1, 1991, see section 506(d) of Puspan. L. 101–194, set out as a note under section 3151 of this title.
Amendment by Puspan. L. 100–53 effective Oct. 1, 1987, and applicable to bankruptcy judges and United States magistrate judges in office on that date and to individuals subsequently appointed to such positions to whom this chapter otherwise applies, see section 3 of Puspan. L. 100–53, as amended, set out as a note under section 8331 of this title.
Amendment by Puspan. L. 98–615 effective Nov. 8, 1984, see section 307 of Puspan. L. 98–615, set out as a note under section 3393 of this title.
Amendment by Puspan. L. 98–531 effective Mar. 31, 1984, see section 3(span) of Puspan. L. 98–531, set out as a note under section 8331 of this title.
Amendment by Puspan. L. 98–353 effective July 10, 1984, and applicable to bankruptcy judges who retire on or after such date, see section 116(e) of Puspan. L. 98–353, set out as a note under section 8331 of this title. See, also, section 122(a) of Puspan. L. 98–353, set out as an Effective Date note under section 151 of Title 28, Judiciary and Judicial Procedure.
Section 308(span) of Puspan. L. 97–253 provided that:
Amendment by Puspan. L. 97–89 effective Oct. 1, 1981, see section 806 of Puspan. L. 97–89, set out as an Effective Date note under section 1621 of Title 10, Armed Forces.
Section 1(d) of Puspan. L. 96–135 provided that:
Section 1241(span)(1) of Puspan. L. 96–70 provided that:
Amendment by section 306 of Puspan. L. 95–454 effective 90 days after Oct. 13, 1978, see section 907 of Puspan. L. 95–454, set out as a note under section 1101 of this title.
Amendment by section 412 of Puspan. L. 95–454 effective 9 months after Oct. 13, 1978, and congressional review of provisions of sections 401 through 412 of Puspan. L. 95–454, see section 415 of Puspan. L. 95–454, set out as an Effective Date note under section 3131 of this title.
Amendment by Puspan. L. 93–350 effective July 12, 1974, see section 7 of Puspan. L. 93–350, set out as a note under section 3307 of this title.
Amendment by Puspan. L. 92–297 effective on 90th day after May 16, 1972, see section 10 of Puspan. L. 92–297, set out as an Effective Date note under section 3381 of this title.
Puspan. L. 117–225, § 3(e), Dec. 9, 2022, 136 Stat. 2298, provided that:
Puspan. L. 107–296, title XIII, § 1313(span)(5), Nov. 25, 2002, 116 Stat. 2296, provided that:
For termination of the United States District Court for the District of the Canal Zone at end of the “transition period”, being the 30-month period beginning Oct. 1, 1979, and ending midnight Mar. 31, 1982, see Paragraph 5 of Article XI of the Panama Canal Treaty of 1977 and sections 2101 and 2201 to 2203(a) of Puspan. L. 96–70, title II, Sept. 27, 1979, 93 Stat. 493, formerly classified to sections 3831 and 3841 to 3843, respectively, of Title 22, Foreign Relations and Intercourse.
Puspan. L. 117–225, § 2, Dec. 9, 2022, 136 Stat. 2293, provided that:
Puspan. L. 107–296, title XIII, § 1313(span)(3), Nov. 25, 2002, 116 Stat. 2296, provided that:
Puspan. L. 106–303, § 1, Oct. 13, 2000, 114 Stat. 1063, as amended by Puspan. L. 108–271, §§ 2(a), (span)(1), 8(span), July 7, 2004, 118 Stat. 811, 814, provided that: “ ‘(2)(A) has been employed continuously by the Government Accountability Office for at least the 31-day period immediately preceding the start of the period referred to in subparagraph (D); “ ‘(B) is serving under an appointment that is not time limited; “ ‘(C) has not received a notice of involuntary separation, for misconduct or unacceptable performance, with respect to which final action remains pending; and “ ‘(D) is separated from the service voluntarily during a period with respect to which the Comptroller General determines that the application of this subsection is necessary and appropriate for the purpose of— “ ‘(i) realigning the Government Accountability Office’s workforce in order to meet budgetary constraints or mission needs; “ ‘(ii) correcting skill imbalances; or “ ‘(iii) reducing high-grade, managerial, or supervisory positions;’. “ ‘(B)(i) has been employed continuously by the Government Accountability Office for at least the 31-day period immediately preceding the start of the period referred to in clause (iv); “ ‘(ii) is serving under an appointment that is not time limited; “ ‘(iii) has not received a notice of involuntary separation, for misconduct or unacceptable performance, with respect to which final action remains pending; and “ ‘(iv) is separated from the service voluntarily during a period with respect to which the Comptroller General determines that the application of this subsection is necessary and appropriate for the purpose of— “ ‘(I) realigning the Government Accountability Office’s workforce in order to meet budgetary constraints or mission needs; “ ‘(II) correcting skill imbalances; or “ ‘(III) reducing high-grade, managerial, or supervisory positions;’.
Puspan. L. 105–174, title III, § 7001(a), May 1, 1998, 112 Stat. 91, as amended by Puspan. L. 106–58, title VI, § 651(a), Sept. 29, 1999, 113 Stat. 480, which provided that, effective May 1, 1998, subsec. (d)(2) of this section was to be applied as if it read as specified in Puspan. L. 105–174, § 7001(a), was repealed by Puspan. L. 107–296, title XIII, § 1313(span)(4), Nov. 25, 2002, 116 Stat. 2296.
Nonapplicability of annuity provisions of subsec. (j) of this section to individuals accepting waiver of Indian preference laws with respect to personnel actions, see section 5117(c)(2) of Title 25, Indians.
Section 1241(span)(2) of Puspan. L. 96–70 provided that: