---
kind: "section"
citation: "5 U.S.C. § 8333"
title: "5"
title_heading: "Government Organization and Employees"
number: "8333"
heading: "Eligibility for annuity"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/5/8333"
units:
  - "Part III — Employees"
  - "Subpart G — Insurance and Annuities"
  - "Chapter 83 — Retirement"
  - "Subchapter III — Civil Service Retirement"
---

# §8333. Eligibility for annuity

- (a) An [employee](/usc/5/8311.md?p=1) must complete at least 5 years of civilian [service](/usc/5/8331.md?p=12) before he is [eligible](/usc/5/4701.md?p=a-3) for an [annuity](/usc/5/8311.md?p=2) under this subchapter.
- (b) An [employee](/usc/5/8311.md?p=1) or [Member](/usc/5/8331.md?p=2) must complete, within the last 2 years before any separation from [service](/usc/5/8331.md?p=12), except a separation because of death or disability, at least 1 year of creditable civilian [service](/usc/5/8331.md?p=12) during which he is subject to this subchapter before he or his [survivors](/usc/5/8331.md?p=10) are [eligible](/usc/5/4701.md?p=a-3) for [annuity](/usc/5/8311.md?p=2) under this subchapter based on the separation. If an [employee](/usc/5/8311.md?p=1) or [Member](/usc/5/8331.md?p=2), except an [employee](/usc/5/8311.md?p=1) or [Member](/usc/5/8331.md?p=2) separated from the [service](/usc/5/8331.md?p=12) because of death or disability, fails to meet the [service](/usc/5/8331.md?p=12) requirement of the preceding sentence, the amounts deducted from his [pay](/usc/5/7511.md?p=a-4) during the [service](/usc/5/8331.md?p=12) for which no eligibility for [annuity](/usc/5/8311.md?p=2) is established based on the separation shall be returned to him on the separation. Failure to meet this [service](/usc/5/8331.md?p=12) requirement does not deprive the individual or his [survivors](/usc/5/8331.md?p=10) of [annuity](/usc/5/8311.md?p=2) rights which attached on a previous separation.
- (c) A [Member](/usc/5/8331.md?p=2) or his [survivor](/usc/5/8331.md?p=10) is [eligible](/usc/5/4701.md?p=a-3) for an [annuity](/usc/5/8311.md?p=2) under this subchapter only if the amounts named by [section 8334 of this title](/usc/5/8334.md) have been deducted or deposited with respect to his last 5 years of civilian [service](/usc/5/8331.md?p=12), or, in the case of a [survivor](/usc/5/8331.md?p=10) [annuity](/usc/5/8311.md?p=2) under [section 8341(d)](/usc/5/8341.md?p=d) or (e)(1) of this title, with respect to his total [service](/usc/5/8331.md?p=12).

## Source credit

(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 569; Pub. L. 91–93, title II, § 201(b), Oct. 20, 1969, 83 Stat. 138; Pub. L. 94–183, § 2(34), Dec. 31, 1975, 89 Stat. 1058.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Derivation | U.S. Code | Revised Statutes and<br>Statutes at Large |
| (a), (b) | 5 U.S.C. 2253(f), (g). | July 31, 1956, ch. 804, § 401 “Sec. 3(f), (g)”, 70 Stat. 746. |
| (c) | 5 U.S.C. 2256(f) (last sentence). | July 31, 1956, ch. 804, § 401 “Sec. 6(f) (last sentence)”, 70 Stat. 750.<br>Aug. 27, 1958, Pub. L. 85–772, § 1(a), 72 Stat. 930. |

In subsection (c), the words “eligible for” are substituted for “entitled to”.

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

### Amendments

1975—Subsec. (c). Pub. L. 94–183 substituted “of this title” for “of title 5” and “of this title” for “of this chapter”.

1969—Subsec. (c). Pub. L. 91–93 provided for eligibility for a survivor annuity under section 8341(d) or (e)(1) of this title only if the requisite amounts are deducted or deposited with respect to total service period.

### Statutory Notes and Related Subsidiaries

### Effective Date of 1969 Amendment

Amendment by Pub. L. 91–93 inapplicable in cases of persons retired or otherwise separated prior to Oct. 20, 1969, their rights and of their survivors continued as if such amendment had not been enacted, see section 207(a) of Pub. L. 91–93, set out as a note under section 8331 of this title.