---
kind: "section"
citation: "5 U.S.C. § 8318"
title: "5"
title_heading: "Government Organization and Employees"
number: "8318"
heading: "Restoration of annuity or retired pay"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/5/8318"
units:
  - "Part III — Employees"
  - "Subpart G — Insurance and Annuities"
  - "Chapter 83 — Retirement"
  - "Subchapter II — Forfeiture of Annuities and Retired Pay"
---

# §8318. Restoration of annuity or retired pay

- (a) If an individual who was convicted, before, on, or after September 1, 1954, of—
  - (1) an offense named by [section 8312 of this title](/usc/5/8312.md); or
  - (2) an offense constituting a violation of section [8314](/usc/5/8314.md) or [8315](/usc/5/8315.md) of this title;

  is pardoned by the President, the right of the individual and his [survivor](/usc/5/8401.md?p=28) or beneficiary to receive [annuity](/usc/5/8311.md?p=2) or [retired pay](/usc/5/8311.md?p=3) previously denied under this subchapter is restored as of the date of the pardon.

- (b) The President may restore, effective as of the date he prescribes, the right to receive [annuity](/usc/5/8311.md?p=2) or [retired pay](/usc/5/8311.md?p=3) which is denied, before, on, or after September 1, 1954, under section [8314](/usc/5/8314.md) or [8315](/usc/5/8315.md) of this title, to the individual and to his [survivor](/usc/5/8401.md?p=28) or beneficiary.
- (c) Payment of [annuity](/usc/5/8311.md?p=2) or [retired pay](/usc/5/8311.md?p=3) which results from pardon or restoration by the President under subsection [(a)](#a) or [(b)](#b) of this section may not be made for a period before—
  - (1) the date of pardon referred to by [subsection (a)](#a) of this section; or
  - (2) the effective date of restoration referred to by [subsection (b)](#b) of this section.
- (d) Credit for a period of [service](/usc/5/8401.md?p=26) covered by a refund under [section 8316 of this title](/usc/5/8316.md) is allowed only after the amount refunded has been redeposited.
- (e) The spouse of an individual whose [annuity](/usc/5/8311.md?p=2) or [retired pay](/usc/5/8311.md?p=3) is forfeited under section [8312](/usc/5/8312.md) or [8313](/usc/5/8313.md) after the date of enactment of this subsection shall be [eligible](/usc/5/4701.md?p=a-3) for spousal pension benefits if the Attorney General of the [United States](/usc/5/7103.md?p=a-18) determines that the spouse fully cooperated with Federal [authorities](/usc/5/7103.md?p=a-6) in the conduct of a criminal investigation and subsequent prosecution of the individual which resulted in such forfeiture.

## Source credit

(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 563; Pub. L. 104–93, title III, § 305, Jan. 6, 1996, 109 Stat. 965.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Derivation | U.S. Code | Revised Statutes and<br>Statutes at Large |
|  | 5 U.S.C. 2285(a), (b). | Sept. 26, 1961, Pub. L. 87–299, § 1 “Sec. 6(a), (b)”, 75 Stat. 645. |

The section is reorganized for clarity and conciseness.

The words “and section 3282 of Title 18” are omitted as unnecessary.

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

The date of enactment of this subsection, referred to in subsec. (e), is the date of enactment of Pub. L. 104–93, which was approved Jan. 6, 1996.

### Amendments

1996—Subsec. (e). Pub. L. 104–93 added subsec. (e).