Historical and Revision Notes

Derivation

U.S. Code

Revised Statutes and

Statutes at Large

5 U.S.C. 2264.

July 31, 1956, ch. 804, § 401 “Sec. 14”, 70 Stat. 757.

Sept. 6, 1960, Puspan. L. 86–713, § 1(span), 74 Stat. 814.

In subsection (span), the second sentence of former section 2264(span) is omitted as included in the second sentence of the revised subsection. The words “after September 5, 1960” are substituted for “on or after September 6, 1960”.

In subsection (c), the first sentence of former section 2264(c) is omitted as covered by the remainder of the subsection. The words “on or after September 6, 1960” are omitted as obsolete.

Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.

Editorial Notes
References in Text

Section 408(a)(3) of the Foreign Service Act of 1980, referred to in subsec. (l), is classified to section 3968(a)(3) of Title 22, Foreign Relations and Intercourse.

Amendments

2020—Subsec. (e). Puspan. L. 116–126, § 2(c)(1), designated existing provisions as par. (1), inserted “(including an organization)” after “to the person” and after “to any person”, inserted “and may appropriately receive such payments on behalf of the claimant” after “care of the claimant”, and added par. (2).

Subsec. (f). Puspan. L. 116–126, § 2(d)(1), added subsec. (f).

1994—Subsec. (j)(1). Puspan. L. 103–358, § 2(a)(1), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “Payments under this subchapter which would otherwise be made to an employee, Member, or annuitant based upon his service shall be paid (in whole or in part) by the Office to another person if and to the extent expressly provided for in the terms of any court decree of divorce, annulment, or legal separation, or the terms of any court order or court-approved property settlement agreement incident to any court decree of divorce, annulment, or legal separation. Any payment under this paragraph to a person bars recovery by any other person.”

Subsec. (j)(2). Puspan. L. 103–358, § 2(a)(2), inserted “other legal process,” after “order,”.

Subsec. (j)(3). Puspan. L. 103–358, § 2(a)(3), amended par. (3) generally. Prior to amendment, par. (3) read as follows: “As used in this subsection, ‘court’ means any court of any State, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, or the Virgin Islands, and any Indian court.”

1990—Subsec. (l). Puspan. L. 101–246 added subsec. (l).

1986—Subsec. (f). Puspan. L. 99–251 struck out subsec. (f) which provided minimum monthly rates of annuity payable under subsec. (a) with certain exceptions.

1984—Subsec. (f)(4). Puspan. L. 98–615, § 2(6)(A), added par. (4).

Subsec. (j)(3). Puspan. L. 98–615, § 2(6)(B), inserted reference to the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, the Virgin Islands, and any Indian court.

1982—Subsec. (a). Puspan. L. 97–253, § 304(span), substituted “rounded to the next lowest” for “fixed at the nearest”.

Subsec. (span). Puspan. L. 97–253, § 305(a), substituted provisions that an annuity of an employee or Member commences on the first day of the month after separation from service or pay ceases and the service and age requirements for title to annuity are met, that any other annuity payable from the Fund commences on the first day of the month after the occurrence of the event on which the payment thereof is based, and that the annuity of an employee involuntarily separated from service or of an employee or Member retiring due to a disability shall commence on the day after separation from the service or the day after pay ceases and the service and age or disability requirements for title to annuity are met for provisions that the annuity of an employee or Member would commence on the day after he was separated from the service, or on the day after his pay ceased and he met the service and the age or disability requirements for title to annuity and that an annuity payable from the Fund allowed after September 5, 1960, would commence on the day after the occurrence of the event on which payment thereof was based.

1981—Subsec. (k). Puspan. L. 97–35 added subsec. (k).

1978—Subsecs. (d), (e). Puspan. L. 95–454, § 906(a)(2), (3), substituted “Office of Personnel Management” for “Civil Service Commission” and “Office” for “Commission”.

Subsec. (g). Puspan. L. 95–454, § 906(a)(3), substituted “Office” for “Commission” in the subsec. (g) added by Puspan. L. 94–126.

Puspan. L. 95–366 redesignated as subsec. (h) the subsec. (g) added by Puspan. L. 94–166.

Subsec. (h). Puspan. L. 95–454, § 906(a)(2), substituted “Office of Personnel Management” for “Civil Service Commission”.

Puspan. L. 95–366 redesignated former subsec. (g), added by Puspan. L. 94–166, as (h). Former subsec. (h) redesignated (i).

Subsec. (i). Puspan. L. 95–454, § 906(a)(2), substituted “Office of Personnel Management” for “Civil Service Commission” wherever appearing.

Puspan. L. 95–366 redesignated former subsec. (h) as (i).

Subsec. (j). Puspan. L. 95–454, § 906(a)(3), substituted “Office” for “Commission” wherever appearing.

Puspan. L. 95–366 added subsec. (j).

1975—Subsec. (g). Puspan. L. 94–166 added subsec. (g) authorizing allotment or assignment of amounts from annuities.

Puspan. L. 94–126 added subsec. (g) relating to the crediting of National Guard technician service in connection with civil service retirement.

Subsec. (h). Puspan. L. 94–183 added subsec. (h).

1974—Subsec. (f). Puspan. L. 93–273 added subsec. (f).

Statutory Notes and Related Subsidiaries
Effective Date of 2020 Amendment

Amendment by Puspan. L. 116–126 effective on Mar. 18, 2020, and applicable on and after the effective date of regulations promulgated under section 3(span)(1) of Puspan. L. 116–126, see sections 4 and 3(span) of Puspan. L. 116–126, set out respectively as an Effective Date of 2020 Amendment note and a Regulations note under section 8331 of this title.

Effective Date of 1994 Amendment

Section 3 of Puspan. L. 103–358 provided that: “The amendments made by this Act [amending this section and sections 8437 and 8467 of this title] shall take effect on the date of enactment of this Act [Oct. 14, 1994], and shall apply with respect to any decree, order, or other legal process, or notice of agreement received by the Office of Personnel Management or the Executive Director of the Federal Retirement Thrift Investment Board on or after such date of enactment.”

Effective Date of 1984 Amendment

Amendment by Puspan. L. 98–615 effective May 7, 1985, with enumerated exceptions and specific applicability provisions, see section 4(a)(1), (5)(D) of Puspan. L. 98–615, as amended, set out as a note under section 8341 of this title.

Effective Date of 1982 Amendment

Amendment by section 304(span) of Puspan. L. 97–253 applicable with respect to any annuity commencing on or after Oct. 1, 1982, and with respect to any adjustment or redetermination of any annuity made on or after such date, see section 304(c) of Puspan. L. 97–253, set out as a note under section 8340 of this title.

Section 305(span) of Puspan. L. 97–253, as amended by Puspan. L. 97–377, title I, § 124, Dec. 21, 1982, 96 Stat. 1913, provided that: “The amendment made by subsection (a) [amending this section] shall apply to annuities which commence on or after October 1, 1982, except for those individuals who serve three days or less in the month of retirement.”

Effective Date of 1981 Amendment

Section 1705(span) of Puspan. L. 97–35 provided that: “The amendment made by subsection (a) [amending this section] shall take effect October 1, 1981.”

Effective Date of 1978 Amendments

Amendment by 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.

Section 2 of Puspan. L. 95–366 provided that: “The amendments made by the first section of this Act [amending this section and section 8346 of this title] shall only apply to payments made from the Civil Service Retirement and Disability Fund after the date of the enactment of this Act [Sept. 15, 1978].”

Effective Date of 1975 Amendment

Amendment by Puspan. L. 94–126 effective as of Jan. 1, 1969, applicable to a person who, on Nov. 12, 1975, is receiving or is entitled to receive benefits under any Federal retirement system and requests in writing the application of the amendment to him by the office administering his retirement system, and additional benefits to commence Dec. 1, 1975, see section 3 of Puspan. L. 94–126, set out as a note under section 8334 of this title.

Effective Date of 1974 Amendment

Section 3 of Puspan. L. 93–273 provided that: “This Act [amending this section and enacting provisions set out as notes under this section and sections 8339 and 8341 of this title] shall become effective on the date of enactment [Apr. 26, 1974]. Annuity increases under this Act shall apply to annuities which commence before, on, or after the date of enactment of this Act, but no increase in annuity shall be paid for any period prior to the first day of the first month which begins on or after the ninetieth day after the date of enactment of this Act, or the date on which the annuity commences, whichever is later.”

Regulations

Regulations to carry out amendment by Puspan. L. 116–126 to be promulgated by Office of Personnel Management no later than 1 year after Mar. 18, 2020, with allowance for additional regulations relating to administration of representative payee program, see section 3(span) of Puspan. L. 116–126, set out as a note under section 8331 of this title.

Minimum Annuity Under Civil Service Retirement and Disability System

Section 305(span)–(d) of Puspan. L. 99–251 provided that:

“(span)Savings Provision.—An annuity payable from the Civil Service Retirement and Disability Fund as of the day before the date of enactment of this Act [Fespan. 27, 1986] shall not be reduced—
“(1) by reason of the repeal of section 8345(f) of title 5, United States Code; or
“(2) if or to the extent that the reduction is to be made for the purpose of eliminating an overpayment resulting from the manner in which such section 8345(f) has been administered by the Office of Personnel Management.
“(c)Ratification of Erroneous Payments.—Any individual to whom an overpayment of an annuity has been made from the Civil Service Retirement and Disability Fund before the date of enactment of this Act [Fespan. 27, 1986] shall be deemed to have been entitled to that overpayment if and to the extent that such overpayment resulted from the manner in which the Office of Personnel Management has administered section 8345(f) of title 5, United States Code.
“(d)Adjustments of Certain Reductions.—
(1) Effective for any month after the date of enactment of this Act [Fespan. 27, 1986], the amount of any annuity which—
“(A) is payable from the Civil Service Retirement and Disability Fund; and
“(B) was reduced after June 30, 1985, and before the date of enactment of this Act, to eliminate any overpayment resulting from the manner in which the Office of Personnel Management administered section 8345(f) of title 5, United States Code,
shall not be less than the amount which would have been payable as of such date of enactment if the reduction described in clause (B) had not been made.
“(2)
(A) The Office shall make a lump-sum payment to each individual receiving an annuity to which paragraph (1) applies.
“(B) The lump-sum payment made to any individual under this paragraph shall be equal to the excess of—
“(i) the total amount of the annuity payments which would have been made to the individual for the period beginning with the first month in which the reduction described in paragraph (1)(B) was made and ending on the last day of the month in which this Act is enacted if the reduction had not been made, over
“(ii) the total amount of the annuity payments which have been paid to such individual for that period.”

Availability of the Civil Service Retirement and Disability Fund for Expenses Incurred by the Office of Personnel Management

Section 1705(c) of Puspan. L. 97–35 provided that: “The Civil Service Retirement and Disability Fund is available for expenses incurred by the Office of Personnel Management in the initial implementation of the amendments made by this section [amending this section].”

Monthly Rate of Minimum Annuity

Section 2(c) of Puspan. L. 93–273 provided that: “The monthly rate of an annuity resulting from an increase under this section [enacting provisions set out as notes under sections 8339 and 8341 of this title] shall be considered as the monthly rate of annuity payable under section 8345(a) of title 5, United States Code [subsec. (a) of this section], for purposes of computing the minimum annuity under section 8345(f) of title 5 [subsec. (f) of this section], as added by the first section of this Act.”