--- kind: "section" citation: "5 C.F.R. § 831.701" title: "5" number: "831.701" heading: "Effective dates of annuities." url: "https://uscodex.org/cfr/5/831.701" --- # §831.701. Effective dates of annuities. - (a) Except as provided in [paragraphs (b) through (d)](#b..d) of this section, an annuity of an employee or Member commences on the first day of the month after— - (1) Separation from the service; or - (2) Pay ceases and the service and age requirements for title to annuity are met, if earlier than the date of separation. - (b) **An annuity of—** - (1) An employee involuntarily separated from service (except by removal for cause on charges of misconduct or delinquency) and eligible for an immediate annuity based on that involuntary separation; - (2) An employee or Member retiring due to a disability; and - (3) **An employee or Member retiring after serving three days or less in the month of retirement—** 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. - (c) An annuity granted under [section 8338](/cfr/5/8338.md), [title 5](/cfr/5.md), United States Code, commences on the appropriate birthday of the employee or Member. - (d) A phased retirement annuity and a composite retirement annuity granted to an employee under [section 8336a](/usc/5/8336a.md) of title 5, United States Code, and defined under [§ 831.1702](/cfr/5/831.1702.md), commences as provided in [subpart Q](/cfr/5/subpartQ.md) of this part. - (e) Survivor annuities commence as provided in [§ 831.651](/cfr/5/831.651.md). - (f) Except as provided in [§ 831.502](/cfr/5/831.502.md), annuity terminates on the date of death or on the date of any other terminating event in each case when OPM terminates the annuity. - (g) **Annuity accrues on a daily basis, one-thirtieth of the monthly rate constituting the daily rate.** Annuity does not accrue for the thirty-first day of any month, except in the initial month if the employee's annuity commences on the 31st of a 31-day month. For accrual purposes, the last day of a 28-day month constitutes 3 days and the last day of a 29-day month constitutes 2 days. ## Notes ### Amendments [48 FR 38786, Aug. 26, 1983, as amended at 51 FR 31936, Sept. 8, 1986; 58 FR 52881, Oct. 13, 1993; 79 FR 46619, Aug. 8, 2014] ### Authority Authority: 5 U.S.C. 8347; Sec. 831.102 also issued under 5 U.S.C. 8334; Sec. 831.106 also issued under 5 U.S.C. 552a; Sec. 831.108 also issued under 5 U.S.C. 8336(d)(2); Sec. 831.114 also issued under 5 U.S.C. 8336(d)(2) and Sec. 1313(b)(5) of Pub. L. 107-296, 116 Stat. 2135; Sec. 831.201(b)(1) also issued under 5 U.S.C. 8347(g); Sec. 831.201(b)(6) also issued under 5 U.S.C. 7701(b)(2); Sec. 831.201(g) also issued under Secs. 11202(f), 11232(e), and 11246(b) of Pub. L. 105-33, 111 Stat. 251; Sec. 831.201(g) also issued under Secs. 7(b) and (e) of Pub. L. 105-274, 112 Stat. 2419; Sec. 831.201(i) also issued under Secs. 3 and 7(c) of Pub. L. 105-274, 112 Stat. 2419; Sec. 831.202 also issued under Sec. 111 of Pub. L. 99-500, 100 Stat. 1783, and Sec. 111 of Pub. L. 99-591, 100 Stat. 3341-348, and also Sec. 1 of Pub. L. 110-279, 122 Stat. 2602, as amended by Sec. 1(a) of Pub. L. 116-21, 133 Stat. 903; Sec. 831.204 also issued under Sec. 102(e) of Pub. L. 104-8, 109 Stat. 102, as amended by Sec. 153 of Pub. L. 104-134, 110 Stat. 1321; Sec. 831.205 also issued under Sec. 2207 of Pub. L. 106-265, 114 Stat. 784; Sec. 831.206 also issued under Sec. 1622(b) of Pub. L. 104-106, 110 Stat. 515; Sec. 831.301 also issued under Sec. 2203 of Pub. L. 106-265, 114 Stat. 780; Sec. 831.303 also issued under 5 U.S.C. 8334(d)(2) and Sec. 2203 of Pub. L. 106-235, 114 Stat. 780; Sec. 831.502 also issued under 5 U.S.C. 8337, and under Sec. 1(3), E.O. 11228, 3 CFR 1965-1965 Comp. p. 317; Sec. 831.663 also issued under 5 U.S.C. 8339(j) and (k)(2); Secs. 831.663 and 831.664 also issued under Sec. 11004(c)(2) of Pub. L. 103-66, 107 Stat. 412; Sec. 831.682 also issued under Sec. 201(d) of Pub. L. 99-251, 100 Stat. 23; Sec. 831.912 also issued under Sec. 636 of Appendix C to Pub. L. 106-554, 114 Stat. 2763A-164; Subpart P also issued under Sec. 535(d) of Title V of Division E of Pub. L. 110-161, 121 Stat. 2042; Subpart Q also issued under 5 U.S.C. 8336a; Subpart V also issued under 5 U.S.C. 8343a and Sec. 6001 of Pub. L. 100-203, 101 Stat. 1330-275; Sec. 831.2203 also issued under Sec. 7001(a)(4) of Pub. L. 101-508, 104 Stat. 1388-328; Pub. L. 115-352, 132 Stat. 5067 (5 U.S.C. 101). ### Source Source: 33 FR 12498, Sept. 4, 1968, unless otherwise noted. ### Amendments [48 FR 38786, Aug. 26, 1983, as amended at 51 FR 31936, Sept. 8, 1986; 58 FR 52881, Oct. 13, 1993; 79 FR 46619, Aug. 8, 2014]