§8312. Conviction of certain offenses — Inbound Citations
5 U.S.C. § 8312
Cited by 18 provisions in release 119-102.
Citations to 5 U.S.C. § 8312 as a whole
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(B) may deny such payment in the case of any individual who is convicted of an offense described in subsection (b) or (c) of section 8312 of this title committed—(i) during the period of captivity of such individual; and(ii) related to the captive status of such individual.
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(i) was convicted of an offense named by subsection (b) of section 8312 of this title, to the extent provided by that subsection; or
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(i) was convicted of an offense named by subsection (c) of section 8312 of this title, to the extent provided by that subsection; or
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(i) was convicted of an offense named by subsection (b) of section 8312 of this title, to the extent provided by that subsection; or
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(i) was convicted of an offense named by subsection (c) of section 8312 of this title, to the extent provided by that subsection; or
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(i) was convicted of an offense named by section 8312 of this title, to the extent provided by that section; or
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(B) conviction of an offense named by subsection (b) of section 8312 of this title, to the extent provided by that subsection; or
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(2) before, on, or after September 26, 1961, concerning his conviction of an offense named by subsection (c) of section 8312 of this title, to the extent provided by that subsection;
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(a) When payment of annuity or retired pay is denied under this subchapter because an individual was convicted of an offense named by section 8312 of this title, to the extent provided by that section, or violated section 8314 or 8315 of this title—(1) the amount, except employment taxes, contributed by the individual toward the annuity, less the amount previously refunded or paid as annuity benefits; and(2) deposits made under section 1438 of title 10 or section 5 of the Uniformed Services Contingency Option Act of 1953 (67 Stat. 504) to provide the eligible beneficiary with annuity for any period, less the amount previously paid as retired pay benefits;shall be refunded, on appropriate application therefor—(A) to the individual;(B) if the individual is dead, to the beneficiary designated to receive refunds by or under the statute, regulation, or agreement under which the annuity, the benefits of which are denied under this subchapter, would have been payable; or(C) if a beneficiary is not designated, in the order of precedence prescribed by section 8342(c) of this title or section 2771 of title 10, as the case may be.
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(1) an offense named by section 8312 of this title; or
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(e) The spouse of an individual whose annuity or retired pay is forfeited under section 8312 or 8313 after the date of enactment of this subsection shall be eligible for spousal pension benefits if the Attorney General of the United States determines that the spouse fully cooperated with Federal authorities in the conduct of a criminal investigation and subsequent prosecution of the individual which resulted in such forfeiture.
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(1) was convicted of an offense named by section 8312 of this title; or
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Under procedures prescribed by the Secretary, the Secretary may suspend the payment of the retired pay of a member or former member during periods in which the member willfully remains outside the United States to avoid criminal prosecution or civil liability. The procedures shall address the types of criminal offenses and civil proceedings for which the procedures may be used, including the offenses specified in section 8312 of title 5, and the manner by which a member, upon the return of the member to the United States, may obtain retired pay withheld during the member’s absence.
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(I) referred to in subsection (b) or (c) of section 8312 of title 5; or
Citations to §8312(b)
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(A) after July 31, 1956, for an offense named by section 8312(b) of this title; or
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(1) if the individual was convicted of an offense named by section 8312(b) of this title, or violated section 8314 or 8315(a)(1) of this title, for the period after the conviction or commission of the violation, or after September 1, 1954, whichever is later; or
Citations to §8312(c)
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(B) after September 26, 1961, for an offense named by section 8312(c) of this title; and
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(2) if the individual was convicted of an offense named by section 8312(c) of this title, or violated section 8315(a)(2) of this title, for the period after the conviction or commission of the violation, or after September 26, 1961, whichever is later.