---
kind: "section"
citation: "5 U.S.C. § 8336"
title: "5"
title_heading: "Government Organization and Employees"
number: "8336"
heading: "Immediate retirement"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/5/8336"
units:
  - "Part III — Employees"
  - "Subpart G — Insurance and Annuities"
  - "Chapter 83 — Retirement"
  - "Subchapter III — Civil Service Retirement"
---

# §8336. Immediate retirement

- (a) An [employee](/usc/5/8311.md?p=1) who is separated from the [service](/usc/5/8331.md?p=12) after becoming 55 years of age and completing 30 years of [service](/usc/5/8331.md?p=12) is entitled to an [annuity](/usc/5/8311.md?p=2).
- (b) An [employee](/usc/5/8311.md?p=1) who is separated from the [service](/usc/5/8331.md?p=12) after becoming 60 years of age and completing 20 years of [service](/usc/5/8331.md?p=12) is entitled to an [annuity](/usc/5/8311.md?p=2).
- (c)
  - (1) An [employee](/usc/5/8311.md?p=1) who is separated from the [service](/usc/5/8331.md?p=12) after becoming 50 years of age and completing 20 years of [service](/usc/5/8331.md?p=12) as a [law enforcement officer](/usc/5/8331.md?p=20), [firefighter](/usc/5/8331.md?p=21), [nuclear materials courier](/usc/5/8401.md?p=33), or [customs and border protection officer](/usc/5/8331.md?p=31), or any combination of such [service](/usc/5/8331.md?p=12) totaling at least 20 years, is entitled to an [annuity](/usc/5/8311.md?p=2).
  - (2) An [employee](/usc/5/8311.md?p=1) is entitled to an [annuity](/usc/5/8311.md?p=2) if the [employee](/usc/5/8311.md?p=1)—
    - (A) was a [law enforcement officer](/usc/5/8331.md?p=20) or [firefighter](/usc/5/8331.md?p=21) employed by the Panama Canal Company or the Canal Zone [Government](/usc/5/8331.md?p=7) at any time during the period beginning March 31, 1979, and ending September 30, 1979; and
    - (B) is separated from the [service](/usc/5/8331.md?p=12) before January 1, 2000, after becoming 48 years of age and completing 18 years of [service](/usc/5/8331.md?p=12) as a [law enforcement officer](/usc/5/8331.md?p=20) or [firefighter](/usc/5/8331.md?p=21), or any combination of such [service](/usc/5/8331.md?p=12) totaling at least 18 years.
  - (3)
    - (A) In this paragraph—
      - (i) the term “affected individual” means an individual covered under this subchapter who—
        - (I) is performing [service](/usc/5/8331.md?p=12) in a covered [position](/usc/5/5102.md?p=a-3);
        - (II) while on duty, becomes ill or is injured as a direct result of the performance of such duties before the date on which the individual becomes entitled to an [annuity](/usc/5/8311.md?p=2) under paragraph (1) of this subsection or subsection [(e)](#e), [(m)](#m), or [(n)](#n), as applicable;
        - (III) because of the illness or injury described in [subclause (II)](#c-3-A-i-II), is permanently unable to render useful and efficient [service](/usc/5/8331.md?p=12) in the [employee](/usc/5/8311.md?p=1)’s covered [position](/usc/5/5102.md?p=a-3), as determined by the [agency](/usc/5/3132.md?p=a-1) in which the individual was serving when such individual incurred the illness or injury; and
        - (IV) is appointed to a [position](/usc/5/5102.md?p=a-3) in the civil [service](/usc/5/8331.md?p=12) that—
          - (aa) is not a covered [position](/usc/5/5102.md?p=a-3); and
          - (bb) is within an [agency](/usc/5/3132.md?p=a-1) that regularly appoints individuals to supervisory or administrative [positions](/usc/5/5102.md?p=a-3) related to the activities of the former covered [position](/usc/5/5102.md?p=a-3) of the individual;
      - (ii) the term “covered [position](/usc/5/5102.md?p=a-3)” means a [position](/usc/5/5102.md?p=a-3) as a [law enforcement officer](/usc/5/8331.md?p=20), [customs and border protection officer](/usc/5/8331.md?p=31), [firefighter](/usc/5/8331.md?p=21), [air traffic controller](/usc/5/8331.md?p=30), [nuclear materials courier](/usc/5/8401.md?p=33), [member](/usc/5/8331.md?p=2) of the Capitol Police, or [member](/usc/5/8331.md?p=2) of the Supreme [Court](/usc/5/8401.md?p=7) Police.
    - (B) Unless an affected individual files an election described in [subparagraph (E)](#c-3-E), creditable [service](/usc/5/8331.md?p=12) by the affected individual in a [position](/usc/5/5102.md?p=a-3) described in [subparagraph (A)(i)(IV)](#c-3-A-i-IV) shall be treated as creditable [service](/usc/5/8331.md?p=12) in a covered [position](/usc/5/5102.md?p=a-3) for purposes of this chapter and determining the amount to be deducted and withheld from the [pay](/usc/5/7511.md?p=a-4) of the affected individual under section 8334.
    - (C) [Subparagraph (B)](#c-3-B) shall only apply if the affected [employee](/usc/5/8311.md?p=1) transitions to a [position](/usc/5/5102.md?p=a-3) described in [subparagraph (A)(i)(IV)](#c-3-A-i-IV) without a break in [service](/usc/5/8331.md?p=12) exceeding 3 days.
    - (D) The [service](/usc/5/8331.md?p=12) of an affected individual shall no longer be [eligible](/usc/5/4701.md?p=a-3) for treatment under [subparagraph (B)](#c-3-B) if such [service](/usc/5/8331.md?p=12) occurs after the individual—
      - (i) is transferred to a supervisory or administrative [position](/usc/5/5102.md?p=a-3) related to the activities of the former covered [position](/usc/5/5102.md?p=a-3) of the individual; or
      - (ii) meets the age and [service](/usc/5/8331.md?p=12) requirements that would subject the individual to mandatory separation under [section 8335](/usc/5/8335.md) if such individual had remained in the former covered [position](/usc/5/5102.md?p=a-3).
    - (E) In accordance with procedures established by the [Director](/usc/5/8331.md?p=32) of the [Office](/usc/5/5402.md?p=3) of Personnel Management, an affected individual may file an election to have any creditable [service](/usc/5/8331.md?p=12) performed by the affected individual treated in accordance with this chapter without regard to [subparagraph (B)](#c-3-B).
    - (F) Nothing in this paragraph shall be construed to apply to such affected individual any other [pay](/usc/5/7511.md?p=a-4)-related laws or regulations applicable to a covered [position](/usc/5/5102.md?p=a-3).
- (d) An [employee](/usc/5/8311.md?p=1) who—
  - (1) is separated from the [service](/usc/5/8331.md?p=12) involuntarily, except by removal for cause on charges of misconduct or delinquency; or
  - (2)
    - (A) has been employed continuously, by the [agency](/usc/5/3132.md?p=a-1) in which the [employee](/usc/5/8311.md?p=1) is serving, for at least the 31-day period ending on the date on which such [agency](/usc/5/3132.md?p=a-1) requests the determination referred to in [subparagraph (D)](#d-2-D);
    - (B) is serving under an appointment that is not time limited;
    - (C) has not been duly notified that such [employee](/usc/5/8311.md?p=1) is to be involuntarily separated for misconduct or unacceptable performance;
    - (D) is separated from the [service](/usc/5/8331.md?p=12) voluntarily during a period in which, as determined by the [office](/usc/5/5402.md?p=3)[^1] of Personnel Management (upon request of the [agency](/usc/5/3132.md?p=a-1)) under regulations prescribed by the [Office](/usc/5/5402.md?p=3)—
      - (i) such [agency](/usc/5/3132.md?p=a-1) (or, if applicable, the component in which the [employee](/usc/5/8311.md?p=1) is serving) is undergoing substantial delayering, substantial reorganization, substantial reductions in force, substantial transfer of function, or other substantial workforce restructuring (or shaping);
      - (ii) a significant percentage of [employees](/usc/5/8311.md?p=1) servicing[^2] in such [agency](/usc/5/3132.md?p=a-1) (or component) are likely to be separated or subject to an immediate reduction in the rate of [basic pay](/usc/5/8331.md?p=3) (without regard to subchapter VI of [chapter 53](/usc/5/chptIII/sptD/ch53.md), or comparable provisions); or
      - (iii) identified as being in [positions](/usc/5/5102.md?p=a-3) which are becoming surplus or excess to the [agency](/usc/5/3132.md?p=a-1)’s future ability to carry out its mission effectively; and
    - (E) as determined by the [agency](/usc/5/3132.md?p=a-1) under regulations prescribed by the [Office](/usc/5/5402.md?p=3), is within the scope of the offer of voluntary early retirement, which may be made on the basis of—
      - (i) 1 or more organizational units;
      - (ii) 1 or more occupational series or levels;
      - (iii) 1 or more geographical locations;
      - (iv) specific periods;
      - (v) skills, knowledge, or other factors related to a [position](/usc/5/5102.md?p=a-3); or
      - (vi) any appropriate combination of such factors;

  after completing 25 years of [service](/usc/5/8331.md?p=12) or after becoming 50 years of age and completing 20 years of [service](/usc/5/8331.md?p=12) is entitled to an [annuity](/usc/5/8311.md?p=2). For purposes of paragraph (1) of this subsection, separation for failure to accept a directed reassignment to a [position](/usc/5/5102.md?p=a-3) outside the commuting area of the [employee](/usc/5/8311.md?p=1) concerned or to accompany a [position](/usc/5/5102.md?p=a-3) outside of such area pursuant to a transfer of function shall not be considered to be a removal for cause on charges of misconduct or delinquency. Notwithstanding the first sentence of this subsection, an [employee](/usc/5/8311.md?p=1) described in paragraph (1) of this subsection is not entitled to an [annuity](/usc/5/8311.md?p=2) under this subsection if the [employee](/usc/5/8311.md?p=1) has declined a reasonable offer of another [position](/usc/5/5102.md?p=a-3) in the [employee](/usc/5/8311.md?p=1)’s [agency](/usc/5/3132.md?p=a-1) for which the [employee](/usc/5/8311.md?p=1) is qualified, which is not lower than 2 [grades](/usc/5/5102.md?p=a-5) (or [pay](/usc/5/7511.md?p=a-4) levels) below the [employee](/usc/5/8311.md?p=1)’s [grade](/usc/5/5102.md?p=a-5) (or [pay](/usc/5/7511.md?p=a-4) level), and which is within the [employee](/usc/5/8311.md?p=1)’s commuting area.

- (e) An [employee](/usc/5/8311.md?p=1) who is voluntarily or involuntarily separated from the [service](/usc/5/8331.md?p=12), except by removal for cause on charges of misconduct or delinquency, after completing 25 years of [service](/usc/5/8331.md?p=12) as an [air traffic controller](/usc/5/8331.md?p=30) or after becoming 50 years of age and completing 20 years of [service](/usc/5/8331.md?p=12) as an [air traffic controller](/usc/5/8331.md?p=30), is entitled to an [annuity](/usc/5/8311.md?p=2).
- (f) An [employee](/usc/5/8311.md?p=1) who is separated from the [service](/usc/5/8331.md?p=12) after becoming 62 years of age and completing 5 years of [service](/usc/5/8331.md?p=12) is entitled to an [annuity](/usc/5/8311.md?p=2).
- (g) A [Member](/usc/5/8331.md?p=2) who is separated from the [service](/usc/5/8331.md?p=12) after becoming 62 years of age and completing 5 years of civilian [service](/usc/5/8331.md?p=12) or after becoming 60 years of age and completing 10 years of [Member service](/usc/5/8331.md?p=14) is entitled to an [annuity](/usc/5/8311.md?p=2). A [Member](/usc/5/8331.md?p=2) who is separated from the [service](/usc/5/8331.md?p=12) after becoming 55 years of age (but before becoming 60 years of age) and completing 30 years of [service](/usc/5/8331.md?p=12) is entitled to a reduced [annuity](/usc/5/8311.md?p=2). A [Member](/usc/5/8331.md?p=2) who is separated from the [service](/usc/5/8331.md?p=12), except by resignation or expulsion, after completing 25 years of [service](/usc/5/8331.md?p=12) or after becoming 50 years of age and (1) completing 20 years of [service](/usc/5/8331.md?p=12) or (2) serving in 9 Congresses is entitled to an [annuity](/usc/5/8311.md?p=2).
- (h)
  - (1) A [member](/usc/5/8331.md?p=2) of the [Senior Executive](/usc/5/3132.md?p=a-3) [Service](/usc/5/8331.md?p=12) who is removed from the [Senior Executive](/usc/5/3132.md?p=a-3) [Service](/usc/5/8331.md?p=12) for less than fully successful executive performance (as determined under subchapter II of [chapter 43](/usc/5/chptIII/sptC/ch43.md) of this title) after completing 25 years of [service](/usc/5/8331.md?p=12) or after becoming 50 years of age and completing 20 years of [service](/usc/5/8331.md?p=12) is entitled to an [annuity](/usc/5/8311.md?p=2).
  - (2) A [member](/usc/5/8331.md?p=2) of the Defense Intelligence [Senior Executive](/usc/5/3132.md?p=a-3) [Service](/usc/5/8331.md?p=12) or the Senior Cryptologic Executive [Service](/usc/5/8331.md?p=12) who is removed from such [service](/usc/5/8331.md?p=12) for failure to be recertified as a [senior executive](/usc/5/3132.md?p=a-3) or for less than fully successful executive performance after completing 25 years of [service](/usc/5/8331.md?p=12) or after becoming 50 years of age and completing 20 years of [service](/usc/5/8331.md?p=12) is entitled to an [annuity](/usc/5/8311.md?p=2).
  - (3) A [member](/usc/5/8331.md?p=2) of the Federal Bureau of Investigation and Drug Enforcement [Administration](/usc/5/9801.md?p=1) [Senior Executive](/usc/5/3132.md?p=a-3) [Service](/usc/5/8331.md?p=12) who is removed from such [service](/usc/5/8331.md?p=12) for failure to be recertified as a [senior executive](/usc/5/3132.md?p=a-3) or for less than fully successful executive performance after completing 25 years of [service](/usc/5/8331.md?p=12) or after becoming 50 years of age and completing 20 years of [service](/usc/5/8331.md?p=12) is entitled to an [annuity](/usc/5/8311.md?p=2).
- (i)
  - (1) An [employee](/usc/5/8311.md?p=1) of the Panama Canal Commission or of an [Executive agency](/usc/5/6501.md?p=2) conducting operations in the Canal Zone or Republic of Panama who is separated from the [service](/usc/5/8331.md?p=12) before January 1, 2000, who was employed by the Canal Zone [Government](/usc/5/8331.md?p=7) or the Panama Canal Company at any time during the period beginning March 31, 1979, and ending September 30, 1979, and who has had continuous Panama Canal [service](/usc/5/8331.md?p=12), without a break in [service](/usc/5/8331.md?p=12) of more than 3 days, from that time until separation, is entitled to an [annuity](/usc/5/8311.md?p=2) if the [employee](/usc/5/8311.md?p=1) is separated—
    - (A) involuntarily, after completing 20 years of [service](/usc/5/8331.md?p=12) or after becoming 48 years of age and completing 18 years of [service](/usc/5/8331.md?p=12), if the separation is a result of the implementation of any provision of the Panama Canal Treaty of 1977 and related agreements; or
    - (B) voluntarily, after completing 23 years of [service](/usc/5/8331.md?p=12) or after becoming 48 years of age and completing 18 years of [service](/usc/5/8331.md?p=12).
  - (2) An [employee](/usc/5/8311.md?p=1) of the Panama Canal Commission or of an [Executive agency](/usc/5/6501.md?p=2) conducting operations in the Canal Zone or Republic of Panama who is separated from the [service](/usc/5/8331.md?p=12) before January 1, 2000, who was employed, at a permanent duty station in the Canal Zone, by any [Executive agency](/usc/5/6501.md?p=2) other than the Canal Zone [Government](/usc/5/8331.md?p=7) or the Panama Canal Company at any time during the period beginning March 31, 1979, and ending September 30, 1979, and who has had continuous Panama Canal [service](/usc/5/8331.md?p=12), without a break in [service](/usc/5/8331.md?p=12) of more than 3 days, from that time until separation, is entitled to an [annuity](/usc/5/8311.md?p=2) if—
    - (A) the [employee](/usc/5/8311.md?p=1) is separated involuntarily, after completing 20 years of [service](/usc/5/8331.md?p=12) or after becoming 48 years of age and completing 18 years of [service](/usc/5/8331.md?p=12); and
    - (B) the separation is the result of the implementation of any provision of the Panama Canal Treaty of 1977 and related agreements.
  - (3) An [employee](/usc/5/8311.md?p=1) of the Panama Canal Commission employed by that body after September 30, 1979, who is separated from the Panama Canal Commission before January 1, 2000, and who at the time of separation has a minimum of 11 years of continuous employment with the Commission (disregarding any break in [service](/usc/5/8331.md?p=12) of 3 days or less) is entitled to an [annuity](/usc/5/8311.md?p=2) if the [employee](/usc/5/8311.md?p=1) is separated—
    - (A) involuntarily, after completing 20 years of [service](/usc/5/8331.md?p=12) or after becoming 48 years of age and completing 18 years of [service](/usc/5/8331.md?p=12), if the separation is a result of the implementation of any provision of the Panama Canal Treaty of 1977 and related agreements; or
    - (B) voluntarily, after completing 23 years of [service](/usc/5/8331.md?p=12) or after becoming 48 years of age and completing 18 years of [service](/usc/5/8331.md?p=12).
  - (4) For the purpose of this subsection—
    - (A) “Panama Canal [service](/usc/5/8331.md?p=12)” means—
      - (i) [service](/usc/5/8331.md?p=12) as an [employee](/usc/5/8311.md?p=1) of the Canal Zone [Government](/usc/5/8331.md?p=7), the Panama Canal Company, or the Panama Canal Commission; or
      - (ii) [service](/usc/5/8331.md?p=12) at a permanent duty station in the Canal Zone or Republic of Panama as an [employee](/usc/5/8311.md?p=1) of an [Executive agency](/usc/5/6501.md?p=2) conducting operations in the Canal Zone or the Republic of Panama; and
    - (B) “[Executive agency](/usc/5/6501.md?p=2)” includes the [United States](/usc/5/7103.md?p=a-18) District [Court](/usc/5/8401.md?p=7) for the District of the Canal Zone and the Smithsonian Institution.
- (j)
  - (1) Except as provided in [paragraph (3)](#j-3), an [employee](/usc/5/8311.md?p=1) is entitled to an [annuity](/usc/5/8311.md?p=2) if he—
    - (A)
      - (i) is separated from the [service](/usc/5/8331.md?p=12) after completing 25 years of [service](/usc/5/8331.md?p=12) or after becoming 50 years of age and completing 20 years of [service](/usc/5/8331.md?p=12), or
      - (ii) is involuntarily separated, except by removal for cause on charges of misconduct or delinquency, during the 2-year period before the date on which he would meet the years of [service](/usc/5/8331.md?p=12) and age requirements under [clause (i)](#j-1-A-i),
    - (B) was employed in the Bureau of Indian Affairs, the Indian Health [Service](/usc/5/8331.md?p=12), a tribal organization (to the extent provided in [paragraph (2)](#j-2)), or any combination thereof, continuously from December 21, 1972, to the date of his separation, and
    - (C) is not entitled to preference under the Indian preference laws.
  - (2) Employment in a tribal organization may be considered for purposes of paragraph (1)(B) of this subsection only if—
    - (A) the [employee](/usc/5/8311.md?p=1) was employed by the tribal organization after January 4, 1975, and immediately before such employment he was an [employee](/usc/5/8311.md?p=1) of the Bureau of Indian Affairs or the Indian Health [Service](/usc/5/8331.md?p=12), and
    - (B) at the time of such employment such [employee](/usc/5/8311.md?p=1) and the tribal organization were [eligible](/usc/5/4701.md?p=a-3) to elect, and elected, to have the [employee](/usc/5/8311.md?p=1) retain the coverage, rights, and benefits of this chapter under [section 105(e)(2)](/usc/5/105.md) of the Indian Self-Determination Act ([25 U.S.C. 450i(a)(2)](/usc/25/450i.md);[^3] 88 Stat. 2209).
  - (3)
    - (A) The provisions of paragraph (1) of this subsection shall not apply with respect to any separation of any [employee](/usc/5/8311.md?p=1) which occurs after the date 10 years after—
      - (i) the date the [employee](/usc/5/8311.md?p=1) first meets the years of [service](/usc/5/8331.md?p=12) and age requirements of [paragraph (1)(A)(i)](#j-1-A-i), or
      - (ii) the date of the enactment of this paragraph, if the [employee](/usc/5/8311.md?p=1) met those requirements before that date.
    - (B) For purposes of applying this paragraph with respect to any [employee](/usc/5/8311.md?p=1) of the Bureau of Indian Affairs in the [Department](/usc/5/10101.md?p=4) of the Interior or of the Indian Health [Service](/usc/5/8331.md?p=12) in the [Department](/usc/5/10101.md?p=4) of Health, Education, and Welfare, the [Secretary](/usc/5/9901.md?p=2) of the [department](/usc/5/10101.md?p=4) involved may postpone the date otherwise applicable under [subparagraph (A)](#j-3-A) if—
      - (i) such [employee](/usc/5/8311.md?p=1) consents to such postponement, and
      - (ii) the [Secretary](/usc/5/9901.md?p=2) finds that such postponement is necessary for the continued effective operation of the [agency](/usc/5/3132.md?p=a-1).

      The period of any postponement under this subparagraph shall not exceed 12 months and the total period of all postponements with respect to any [employee](/usc/5/8311.md?p=1) shall not exceed 5 years.

  - (4) For the purpose of this subsection—
    - (A) “Bureau of Indian Affairs” means (i) the Bureau of Indian Affairs and (ii) all other organizational units in the [Department](/usc/5/10101.md?p=4) of the Interior directly and primarily related to providing [services](/usc/5/8331.md?p=12) to Indians and in which [positions](/usc/5/5102.md?p=a-3) are filled in accordance with the Indian preference laws.
    - (B) “Indian preference laws” means section 12 of the Act of June 18, 1934 ([25 U.S.C. 472](/usc/25/472.md); 48 Stat. 986),[^3] or any other provision of law granting a preference to Indians in promotions or other Federal personnel actions.
- (k) A [bankruptcy judge](/usc/5/8331.md?p=22), [United States](/usc/5/7103.md?p=a-18) magistrate judge, or [Court of Federal Claims judge](/usc/5/8331.md?p=26) who is separated from [service](/usc/5/8331.md?p=12), except by removal, after becoming 62 years of age and completing 5 years of civilian [service](/usc/5/8331.md?p=12), or after becoming 60 years of age and completing 10 years of [service](/usc/5/8331.md?p=12) as a [bankruptcy judge](/usc/5/8331.md?p=22), [United States](/usc/5/7103.md?p=a-18) magistrate judge, or [Court of Federal Claims judge](/usc/5/8331.md?p=26), is entitled to an [annuity](/usc/5/8311.md?p=2).
- (l) A judge of the [United States](/usc/5/7103.md?p=a-18) [Court](/usc/5/8401.md?p=7) of Appeals for the Armed Forces who is separated from the [service](/usc/5/8331.md?p=12) after becoming 62 years of age and completing 5 years of civilian [service](/usc/5/8331.md?p=12) or after completing the term of [service](/usc/5/8331.md?p=12) for which he was appointed as a judge of such [court](/usc/5/8401.md?p=7) is entitled to an [annuity](/usc/5/8311.md?p=2). A judge who is separated from the [service](/usc/5/8331.md?p=12) before becoming 60 years of age is entitled to a reduced [annuity](/usc/5/8311.md?p=2).
- (m) A [member](/usc/5/8331.md?p=2) of the Capitol Police who is separated from the [service](/usc/5/8331.md?p=12) after becoming 50 years of age and completing 20 years of [service](/usc/5/8331.md?p=12) as a [member](/usc/5/8331.md?p=2) of the Capitol Police as a [law enforcement officer](/usc/5/8331.md?p=20), or as a [customs and border protection officer](/usc/5/8331.md?p=31), or any combination of such [service](/usc/5/8331.md?p=12) totaling at least 20 years, is entitled to an [annuity](/usc/5/8311.md?p=2).
- (n) A [member](/usc/5/8331.md?p=2) of the Supreme [Court](/usc/5/8401.md?p=7) Police who is separated from the [service](/usc/5/8331.md?p=12) after becoming 50 years of age and completing 20 years of [service](/usc/5/8331.md?p=12) as a [member](/usc/5/8331.md?p=2) of the Supreme [Court](/usc/5/8401.md?p=7) Police as a [law enforcement officer](/usc/5/8331.md?p=20), or as a [customs and border protection officer](/usc/5/8331.md?p=31), or any combination of such [service](/usc/5/8331.md?p=12) totaling at least 20 years, is entitled to an [annuity](/usc/5/8311.md?p=2).
- (o) An [annuity](/usc/5/8311.md?p=2) or reduced [annuity](/usc/5/8311.md?p=2) authorized by this section is computed under [section 8339 of this title](/usc/5/8339.md).
- (p)
  - (1) The [Secretary](/usc/5/9901.md?p=2) of Defense may, during fiscal years 2002 and 2003, carry out a program under which an [employee](/usc/5/8311.md?p=1) of the [Department](/usc/5/10101.md?p=4) of Defense may be separated from the [service](/usc/5/8331.md?p=12) entitled to an immediate [annuity](/usc/5/8311.md?p=2) under this subchapter if the [employee](/usc/5/8311.md?p=1)—
    - (A) has—
      - (i) completed 25 years of [service](/usc/5/8331.md?p=12); or
      - (ii) become 50 years of age and completed 20 years of [service](/usc/5/8331.md?p=12); and
    - (B) is [eligible](/usc/5/4701.md?p=a-3) for the [annuity](/usc/5/8311.md?p=2) under paragraph [(2)](#p-2) or [(3)](#p-3).
  - (2)
    - (A) For the purposes of [paragraph (1)](#p-1), an [employee](/usc/5/8311.md?p=1) referred to in that paragraph is [eligible](/usc/5/4701.md?p=a-3) for an immediate [annuity](/usc/5/8311.md?p=2) under this paragraph if the [employee](/usc/5/8311.md?p=1)—
      - (i) is separated from the [service](/usc/5/8331.md?p=12) involuntarily other than for cause; and
      - (ii) has not declined a reasonable offer of another [position](/usc/5/5102.md?p=a-3) in the [Department](/usc/5/10101.md?p=4) of Defense for which the [employee](/usc/5/8311.md?p=1) is qualified, which is not lower than 2 [grades](/usc/5/5102.md?p=a-5) (or [pay](/usc/5/7511.md?p=a-4) levels) below the [employee](/usc/5/8311.md?p=1)’s [grade](/usc/5/5102.md?p=a-5) (or [pay](/usc/5/7511.md?p=a-4) level), and which is within the [employee](/usc/5/8311.md?p=1)’s commuting area.
    - (B) For the purposes of [paragraph (2)(A)(i)](#p-2-A-i), a separation for failure to accept a directed reassignment to a [position](/usc/5/5102.md?p=a-3) outside the commuting area of the [employee](/usc/5/8311.md?p=1) concerned or to accompany a [position](/usc/5/5102.md?p=a-3) outside of such area pursuant to a transfer of function may not be considered to be a removal for cause.
  - (3) For the purposes of [paragraph (1)](#p-1), an [employee](/usc/5/8311.md?p=1) referred to in that paragraph is [eligible](/usc/5/4701.md?p=a-3) for an immediate [annuity](/usc/5/8311.md?p=2) under this paragraph if the [employee](/usc/5/8311.md?p=1) satisfies all of the following conditions:
    - (A) The [employee](/usc/5/8311.md?p=1) is separated from the [service](/usc/5/8331.md?p=12) voluntarily during a period in which the organization within the [Department](/usc/5/10101.md?p=4) of Defense in which the [employee](/usc/5/8311.md?p=1) is serving is undergoing a major organizational adjustment.
    - (B) The [employee](/usc/5/8311.md?p=1) has been employed continuously by the [Department](/usc/5/10101.md?p=4) of Defense for more than 30 days before the date on which the head of the [employee](/usc/5/8311.md?p=1)’s organization requests the determinations required under [subparagraph (A)](#p-3-A).
    - (C) The [employee](/usc/5/8311.md?p=1) is serving under an appointment that is not limited by time.
    - (D) The [employee](/usc/5/8311.md?p=1) is not in receipt of a decision notice of involuntary separation for misconduct or unacceptable performance.
    - (E) The [employee](/usc/5/8311.md?p=1) is within the scope of an offer of voluntary early retirement, as defined on the basis of one or more of the following objective criteria:
      - (i) One or more organizational units.
      - (ii) One or more occupational groups, series, or levels.
      - (iii) One or more geographical locations.
      - (iv) Any other similar objective and nonpersonal criteria that the [Office](/usc/5/5402.md?p=3) of Personnel Management determines appropriate.
  - (4) Under regulations prescribed by the [Office](/usc/5/5402.md?p=3) of Personnel Management, the determinations of whether an [employee](/usc/5/8311.md?p=1) meets—
    - (A) the requirements of [subparagraph (A)](#p-3-A) of paragraph (3) shall be made by the [Office](/usc/5/5402.md?p=3), upon the request of the [Secretary](/usc/5/9901.md?p=2) of Defense; and
    - (B) the requirements of subparagraph (E) of such paragraph shall be made by the [Secretary](/usc/5/9901.md?p=2) of Defense.
  - (5) A determination of which [employees](/usc/5/8311.md?p=1) are within the scope of an offer of early retirement shall be made only on the basis of consistent and well-documented application of the relevant criteria.
  - (6) In this subsection, the term “major organizational adjustment” means any of the following:
    - (A) A major reorganization.
    - (B) A major reduction in force.
    - (C) A major transfer of function.
    - (D) A workforce restructuring—
      - (i) to meet mission needs;
      - (ii) to achieve one or more reductions in strength;
      - (iii) to correct skill imbalances; or
      - (iv) to reduce the number of high-[grade](/usc/5/5102.md?p=a-5), managerial, supervisory, or similar [positions](/usc/5/5102.md?p=a-3).

## Footnotes

[^1]: So in original. Probably should be capitalized.
[^2]: So in original. Probably should be “serving”.
[^3]: See References in Text note below.

## Source credit

(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 571; Pub. L. 90–83, § 1(75), Sept. 11, 1967, 81 Stat. 214; Pub. L. 92–297, § 5, May 16, 1972, 86 Stat. 144; Pub. L. 92–382, Aug. 14, 1972, 86 Stat. 539; Pub. L. 93–39, June 12, 1973, 87 Stat. 73; Pub. L. 93–350, § 5, July 12, 1974, 88 Stat. 356; Pub. L. 94–183, § 2(40), (41), Dec. 31, 1975, 89 Stat. 1059; Pub. L. 95–454, title III, § 306, title IV, § 412(a), Oct. 13, 1978, 92 Stat. 1147, 1175; Pub. L. 96–70, title I, § 1241(a), Sept. 27, 1979, 93 Stat. 471; Pub. L. 96–135, § 1(a), Dec. 5, 1979, 93 Stat. 1056; Pub. L. 97–89, title VIII, § 803, Dec. 4, 1981, 95 Stat. 1161; Pub. L. 97–253, title III, § 308(a), Sept. 8, 1982, 96 Stat. 798; Pub. L. 98–94, title XII, § 1256(b), Sept. 24, 1983, 97 Stat. 701; Pub. L. 98–353, title I, § 116(c), July 10, 1984, 98 Stat. 344; Pub. L. 98–531, § 2(b), Oct. 19, 1984, 98 Stat. 2704; Pub. L. 98–615, title III, § 304(d), Nov. 8, 1984, 98 Stat. 3219; Pub. L. 99–190, § 101(d) [title III, § 315], Dec. 19, 1985, 99 Stat. 1224, 1266; Pub. L. 100–53, § 2(c), June 18, 1987, 101 Stat. 368; Pub. L. 100–325, § 2(l), May 30, 1988, 102 Stat. 582; Pub. L. 101–194, title V, § 506(b)(7), Nov. 30, 1989, 103 Stat. 1758; Pub. L. 101–428, § 2(a), Oct. 15, 1990, 104 Stat. 928; Pub. L. 101–510, div. C, title XXXV, § 3506(a), Nov. 5, 1990, 104 Stat. 1846; Pub. L. 101–650, title III, §§ 306(c)(3), 321, Dec. 1, 1990, 104 Stat. 5110, 5117; Pub. L. 102–572, title IX, § 902(b)(2), Oct. 29, 1992, 106 Stat. 4516; Pub. L. 103–337, div. A, title IX, § 924(d)(1)(A), Oct. 5, 1994, 108 Stat. 2832; Pub. L. 105–261, div. A, title XI, § 1109(a), div. C, title XXXI, § 3154(e), Oct. 17, 1998, 112 Stat. 2143, 2255; Pub. L. 106–58, title VI, § 651(b), Sept. 29, 1999, 113 Stat. 480; Pub. L. 106–398, § 1 [[div. A], title XI, § 1152(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–320; Pub. L. 106–553, § 1(a)(2) [title III, § 308(b)(3)], Dec. 21, 2000, 114 Stat. 2762, 2762A–87; Pub. L. 107–107, div. A, title X, § 1048(i)(5), Dec. 28, 2001, 115 Stat. 1229; Pub. L. 107–296, title XIII, §§ 1313(b)(1), 1321(a)(4)(A), Nov. 25, 2002, 116 Stat. 2294, 2297; Pub. L. 110–161, div. E, title V, § 535(a)(4), Dec. 26, 2007, 121 Stat. 2075; Pub. L. 117–225, § 3(a), Dec. 9, 2022, 136 Stat. 2293.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| 1966 Act |  |  |
| Derivation | U.S. Code | Revised Statutes and<br>Statutes at Large |
|  | 5 U.S.C. 2256 (less last sentence in (f)). | July 31, 1956, ch. 804, § 401 “Sec. 6 (less last sentence in (f))”, 70 Stat. 749. |
|  |  | July 7, 1960, Pub. L. 86–604, § 1(b), 74 Stat. 358. |
|  |  | July 12, 1960, Pub. L. 86–622, § 3(b), 74 Stat. 410. |

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


| 1967 Act |  |  |
| --- | --- | --- |
| Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
| 8336(a)<br>8336(b) | 5 App.: 2256(a).<br>5 App.: 2256(b). | July 18, 1966, Pub. L. 89–504, § 504, 80 Stat. 301. |

In subsections (a) and (b), the words “is entitled to” are substituted for “shall * * * be paid”. The words “computed as provided in section 9” are omitted as unnecessary in view of 5 U.S.C. 8339.

### Editorial Notes

### References in Text

Section 105(e)(2) of the Indian Self-Determination Act (25 U.S.C. 450i(a)(2); 88 Stat. 2209), referred to in subsec. (j)(2)(B), was renumbered section 104(e)(2) of that Act by Pub. L. 100–472, title II, § 203(a), Oct. 5, 1988, 102 Stat. 2290, without corresponding amendment to this section. Section 104(e)(2) of the Indian Self-Determination Act was formerly classified to section 450i(e)(2) of Title 25, Indians, prior to editorial reclassification as section 5323(e)(2) of Title 25.

The date of the enactment of this paragraph, referred to in subsec. (j)(3)(A)(ii), is Dec. 5, 1979, the date of the enactment of Pub. L. 96–135, which was approved Dec. 5, 1979.

Section 12 of the Act of June 18, 1934 (25 U.S.C. 472; 48 Stat. 986), referred to in subsec. (j)(4)(B), is section 12 of act June 18, 1934, ch. 576, 48 Stat. 986, which was classified to section 472 of Title 25, Indians, prior to editorial reclassification as section 5116 of Title 25.

### Amendments

2022—Subsec. (c)(3). Pub. L. 117–225 added par. (3).

2007—Subsec. (c)(1). Pub. L. 110–161, § 535(a)(4)(A), substituted “nuclear materials courier, or customs and border protection officer” for “or nuclear materials courier”.

Subsecs. (m), (n). Pub. L. 110–161, § 535(a)(4)(B), substituted “as a law enforcement officer, or as a customs and border protection officer,” for “or as a law enforcement officer,”.

2002—Subsec. (d)(2). Pub. L. 107–296, § 1313(b)(1), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “except in the case of an employee who is separated from the service under a program carried out under subsection (p), while serving in a geographic area designated by the Office of Personnel Management, is separated from the service voluntarily during a period in which the Office determines that—

“(A) the agency in which the employee is serving is undergoing a major reorganization, a major reduction in force, or a major transfer of function; and

“(B) a significant percent of the employees serving in such agency will be separated or subject to an immediate reduction in the rate of basic pay (without regard to subchapter VI of chapter 53 of this title or comparable provisions);”.

Subsec. (h)(1). Pub. L. 107–296, § 1321(a)(4)(A), struck out “for failure to be recertified as a senior executive under section 3393a or” before “for less than”.

2001—Subsec. (d)(2). Pub. L. 107–107, § 1048(i)(5)(A), substituted “subsection (p)” for “subsection (o)” in introductory provisions.

Subsecs. (o), (p). Pub. L. 107–107, § 1048(i)(5)(B), redesignated subsec. (o), relating to Department of Defense employees, as (p).

2000—Subsec. (d)(2). Pub. L. 106–398, § 1 [[div. A], title XI, § 1152(a)(1)], inserted “except in the case of an employee who is separated from the service under a program carried out under subsection (o),” before “while serving” in introductory provisions.

Subsec. (n). Pub. L. 106–553 added subsec. (n). Former subsec. (n), relating to computation of annuity under section 8339 of this title, redesignated (o).

Subsec. (o). Pub. L. 106–553 redesignated subsec. (n), relating to computation of annuity under section 8339 of this title, as (o).

Pub. L. 106–398, § 1 [[div. A], title XI, § 1152(a)(2)], added subsec. (o) relating to Department of Defense employees.

1999—Subsecs. (d)(2), (o). Pub. L. 106–58 repealed Pub. L. 105–261, § 1109(a). See 1998 Amendment notes below.

1998—Subsec. (c)(1). Pub. L. 105–261, § 3154(e), substituted “, firefighter, or nuclear materials courier” for “or firefighter”.

Subsec. (d)(2). Pub. L. 105–261, § 1109(a)(1), which directed insertion of “except in the case of an employee described in subsection (o)(1),” after “(2)”, was repealed by Pub. L. 106–58.

Subsec. (o). Pub. L. 105–261, § 1109(a)(2), which directed addition of subsec. (o), relating to authority of Department of Defense to offer employees voluntary early retirement, was repealed by Pub. L. 106–58.

1994—Subsec. (l). Pub. L. 103–337 substituted “Court of Appeals for the Armed Forces” for “Court of Military Appeals”.

1992—Subsec. (k). Pub. L. 102–572 substituted “Court of Federal Claims” for “Claims Court” in two places.

1990—Subsec. (i)(3), (4). Pub. L. 101–510 added par. (3) and redesignated former par. (3) as (4).

Subsec. (k). Pub. L. 101–650 amended subsec. (k) generally. Prior to amendment, subsec. (k) read as follows: “A bankruptcy judge or United States magistrate who is separated from service, except by removal, after becoming 62 years of age and completing 5 years of civilian service, or after becoming 60 years of age and completing 10 years of service as a bankruptcy judge or United States magistrate, is entitled to an annuity.”

Subsecs. (m), (n). Pub. L. 101–428 added subsec. (m) and redesignated former subsec. (m) as (n).

1989—Subsec. (h)(1). Pub. L. 101–194, § 506(b)(7)(A), substituted “for failure to be recertified as a senior executive under section 3393a or for” for “for”.

Subsec. (h)(2), (3). Pub. L. 101–194, § 506(b)(7)(B), (C), substituted “for failure to be recertified as a senior executive or for” for “for”.

1988—Subsec. (h)(3). Pub. L. 100–325 added par. (3).

1987—Subsec. (k). Pub. L. 100–53 amended subsec. (k) generally. Prior to amendment, subsec. (k) read as follows: “A bankruptcy judge who is separated from service, except by removal, after becoming sixty-two years of age and completing ten years of service as a bankruptcy judge is entitled to an annuity.”

1985—Subsec. (j)(3)(A). Pub. L. 99–190 substituted “10 years” for “5 years”.

1984—Subsec. (d). Pub. L. 98–615 inserted provision that for purposes of par. (1), separation for failure to accept a directed reassignment to a position outside the commuting area of the employee concerned or to accompany a position outside of such area pursuant to a transfer of function shall not be considered to be a removal for cause on charges of misconduct or delinquency.

Subsec. (k). Pub. L. 98–353, § 116(c), added subsec. (k). Former subsec. (k) redesignated (l).

Subsec. (l). Pub. L. 98–531 redesignated the subsec. (l), which was redesignated by Pub. L. 98–94, as (m).

Pub. L. 98–353, § 116(c)(1), redesignated subsec. (k) as (l).

Subsec. (m). Pub. L. 98–531 redesignated the subsec. (l), which was redesignated by Pub. L. 98–94, as (m).

1983—Subsecs. (k), (l). Pub. L. 98–94 added subsec. (k) and redesignated former subsec. (k) as (l).

1982—Subsec. (d). Pub. L. 97–253, § 308(a), inserted provision that the agency which is undergoing a major reorganization, a major reduction in force, or a major transfer of function must have a significant percent of its employees who will be separated or subject to an immediate reduction in the rate of basic pay and inserted provision that notwithstanding the first sentence of this subsection, an employee described in paragraph (1) of this subsection is not entitled to an annuity under this subsection if the employee has declined a reasonable offer of another position in the employee’s agency for which the employee is qualified, which is not lower than 2 grades (or pay levels) below the employee’s grade (or pay level), and which is within the employee’s commuting area.

1981—Subsec. (h). Pub. L. 97–89 designated existing provisions as par. (1) and added par. (2).

1979—Subsec. (c). Pub. L. 96–70 § 1241(a)(1), designated existing provisions as par. (1) and added par. (2).

Subsec. (i). Pub. L. 96–70, § 1241(a)(2), added subsec. (i). Former subsec. (i) redesignated (j).

Subsec. (j). Pub. L. 96–135 added subsec. (j). Former subsec. (j) redesignated (k).

Pub. L. 96–70, § 1241(a)(2), redesignated former subsec. (i) as (j).

Subsec. (k). Pub. L. 96–135 redesignated former subsec. (j) as (k).

1978—Subsec. (d)(2). Pub. L. 95–454, § 306, substituted provisions relating to the employee’s agency undergoing a major reorganization, reduction in force, or transfer of function, as determined by the Office of Personnel Management, for provisions relating to the employee’s agency undergoing a major reduction in force, as determined by the Commission.

Subsecs. (h), (i). Pub. L. 95–454, § 412(a), added subsec. (h) and redesignated former subsec. (h) as (i).

1975—Subsecs. (d), (g). Pub. L. 94–183 substituted “an” for “a reduced” after “is entitled to”.

1974—Subsec. (c). Pub. L. 93–350 substituted provisions granting annuity entitlement to employees separated from the service after becoming 50 years of age and completing 20 years of service as a law enforcement officer or firefighter or any combination of such service totaling at least 20 years for provisions requiring the head of the employing agency to recommend, and the Civil Service Commission to approve, the retirement of an otherwise eligible employee requiring the agency and the Commission to consider the degree of hazard the employee was subjected to in the performance of his duties, and defining “detention” to include the duties of specified employees.

1973—Subsec. (d). Pub. L. 93–39 reenacted existing provisions, designated part of such provisions as item (1) and added item (2).

1972—Subsec. (c). Pub. L. 92–382 inserted reference to employees performing work directly connected with the control and extinguishment of fires or the maintenance and use of firefighting apparatus and equipment for the purpose of retirement benefits.

Subsecs. (e) to (h). Pub. L. 92–297 added subsec. (e) and redesignated former subsecs. (e) to (g) as (f) to (h), respectively.

### Statutory Notes and Related Subsidiaries

### Change of Name

“United States magistrate judge” substituted for “United States magistrate” wherever appearing in subsec. (k) pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure.

Secretary and Department of Health, Education, and Welfare redesignated Secretary and Department of Health and Human Services by section 3508 of Title 20, Education.

### Effective Date of 2022 Amendment

Pub. L. 117–225, § 3(f), Dec. 9, 2022, 136 Stat. 2298, provided that: “The amendments made by this Act [amending this section, sections 8412, 8414, 8415, 8421, 8421a, 8425, and 8462 of this title, sections 4045, 4046, and 4052 of Title 22, Foreign Relations and Intercourse, and section 2152 of Title 50, War and National Defense]— shall take effect on the date of enactment of this Act [Dec. 9, 2022]; and shall apply to an individual who suffers an illness or injury described in section 8336(c)(3)(A)(i)(II) or section 8412(d)(2)(A)(i)(II) of title 5, United States Code, as amended by this section, section 302(d)(1)(A)(ii) of the Central Intelligence Agency Retirement Act [50 U.S.C. 2152(d)(1)(A)(ii)], as amended by this section, or section 806(a)(6)(D)(i)(I)(bb) of the Foreign Service Act of 1980 [22 U.S.C. 4046(a)(6)(D)(i)(I)(bb)], as amended by this section, on or after the date that is 2 years after the date of enactment of this Act.”

### Effective Date of 2007 Amendment; Transition Rules

Amendment by Pub. L. 110–161 effective on the later of June 30, 2008, or the first day of the first pay period beginning at least 6 months after Dec. 26, 2007, with transition rules and rights of election, see section 535(e) of Pub. L. 110–161, set out as a note under section 3307 of this title.

### Effective Date of 2002 Amendment

Amendment by Pub. L. 107–296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an Effective Date note under section 101 of Title 6, Domestic Security.

### Effective Date of 2000 Amendment

Amendment by Pub. L. 106–553 effective on the first day of the first applicable pay period that begins on Dec. 21, 2000, and applicable only to an individual who is employed as a member of the Supreme Court Police after Dec. 21, 2000, see section 1(a)(2) [title III, § 308(i), (j)] of Pub. L. 106–553, set out in a Supreme Court Police Retirement note under section 8331 of this title.

### Effective Date of 1998 Amendment

Pub. L. 105–261, div. A, title XI, § 1109(d), Oct. 17, 1998, 112 Stat. 2145, as amended by Pub. L. 106–65, div. A, title XI, § 1101, Oct. 5, 1999, 113 Stat. 775, which provided that the amendments made by section 1109 of Pub. L. 105–261 (amending this section and sections 8339, 8414, and 8464 of this title) were to be effective Oct. 1, 2000, and applicable with respect to an approval for voluntary early retirement made on or after that date, was repealed by Pub. L. 106–58, title VI, § 651(b), Sept. 29, 1999, 113 Stat. 480.

Amendment by section 3154(e) of Pub. L. 105–261 effective at the beginning of the first pay period that begins after Oct. 17, 1998, and applicable only to an individual who is employed as a nuclear materials courier, as defined by section 8331(27) or 8401(33) of this title, after Oct. 17, 1998, see section 3154(m), (n) of Pub. L. 105–261, set out as a note under section 8331 of this title.

### Effective Date of 1992 Amendment

Amendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of Title 28, Judiciary and Judicial Procedure.

### Effective Date of 1990 Amendment

Amendment by Pub. L. 101–650 applicable to judges of, and senior judges in active service with, the United States Court of Federal Claims on or after Dec. 1, 1990, see section 306(f) of Pub. L. 101–650, set out as a note under section 8331 of this title.

### Effective Date of 1989 Amendment

Amendment by Pub. L. 101–194 effective Jan. 1, 1991, see section 506(d) of Pub. L. 101–194, set out as a note under section 3151 of this title.

### Effective Date of 1987 Amendment

Amendment by Pub. L. 100–53 effective Oct. 1, 1987, and applicable to bankruptcy judges and United States magistrate judges in office on that date and to individuals subsequently appointed to such positions to whom this chapter otherwise applies, see section 3 of Pub. L. 100–53, as amended, set out as a note under section 8331 of this title.

### Effective Date of 1984 Amendments

Amendment by Pub. L. 98–615 effective Nov. 8, 1984, see section 307 of Pub. L. 98–615, set out as a note under section 3393 of this title.

Amendment by Pub. L. 98–531 effective Mar. 31, 1984, see section 3(b) of Pub. L. 98–531, set out as a note under section 8331 of this title.

Amendment by Pub. L. 98–353 effective July 10, 1984, and applicable to bankruptcy judges who retire on or after such date, see section 116(e) of Pub. L. 98–353, set out as a note under section 8331 of this title. See, also, section 122(a) of Pub. L. 98–353, set out as an Effective Date note under section 151 of Title 28, Judiciary and Judicial Procedure.

### Effective Date of 1982 Amendment

Section 308(b) of Pub. L. 97–253 provided that: “The amendment made by subsection (a) [amending this section] shall take effect October 1, 1982.”

### Effective Date of 1981 Amendment

Amendment by Pub. L. 97–89 effective Oct. 1, 1981, see section 806 of Pub. L. 97–89, set out as an Effective Date note under section 1621 of Title 10, Armed Forces.

### Effective Date of 1979 Amendments

Section 1(d) of Pub. L. 96–135 provided that: “The amendments made by this section [amending this section and section 8339 of this title] shall take effect on the date of the enactment of this Act [Dec. 5, 1979].”

Section 1241(b)(1) of Pub. L. 96–70 provided that: “The amendments made by this section [amending this section] shall take effect on the date of the enactment of this Act [Sept. 27, 1979], but no amount of annuity under chapter 83 of title 5, United States Code, accruing by reason of those amendments shall be payable for any period before October 1, 1979.”

### Effective Date of 1978 Amendment

Amendment by section 306 of Pub. L. 95–454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as a note under section 1101 of this title.

Amendment by section 412 of Pub. L. 95–454 effective 9 months after Oct. 13, 1978, and congressional review of provisions of sections 401 through 412 of Pub. L. 95–454, see section 415 of Pub. L. 95–454, set out as an Effective Date note under section 3131 of this title.

### Effective Date of 1974 Amendment

Amendment by Pub. L. 93–350 effective July 12, 1974, see section 7 of Pub. L. 93–350, set out as a note under section 3307 of this title.

### Effective Date of 1972 Amendment

Amendment by Pub. L. 92–297 effective on 90th day after May 16, 1972, see section 10 of Pub. L. 92–297, set out as an Effective Date note under section 3381 of this title.

### Regulations

Pub. L. 117–225, § 3(e), Dec. 9, 2022, 136 Stat. 2298, provided that: Office of personnel management.—Not later than 1 year after the date of enactment of this Act [Dec. 9, 2022], the Director of the Office of Personnel Management shall promulgate regulations to carry out the amendments made by subsections (a) and (b) [amending this section, sections 8412, 8414, 8415, 8421, 8421a, 8425, and 8462 of this title, and sections 4045 and 4052 of Title 22, Foreign Relations and Intercourse]. CIA employees.—The Director of the Central Intelligence Agency shall promulgate regulations to carry out the amendment made by subsection (c) [amending section 2152 of Title 50, War and National Defense]. Foreign service retirement and disability system.—The Secretary of State shall promulgate regulations to carry out the amendment made by subsection (d) [amending section 4046 of Title 22]. Agency certification.—The regulations promulgated to carry out the amendments made by this Act [see amendments listed in pars. (1) to (3) above] shall include a requirement that the head of the agency at which an affected employee or special agent (as the case may be) incurred the applicable illness or injury certifies that such illness or injury— was incurred in the course of the employee’s or special agent’s duties; and permanently precludes the employee or special agent from rendering useful and efficient service in the covered position but would not preclude the employee or special agent from continuing to serve in the Federal service. Agency reappointment.—The regulations promulgated to carry out the amendments made by this Act shall ensure that, to the greatest extent possible, the head of each agency appoints affected employees or special agents to supervisory or administrative positions related to the activities of the former covered position of the employee or special agent. Treatment of service.—The regulations promulgated to carry out the amendments made by this Act shall ensure that the creditable service of an affected employee or special agent (as the case may be) that is not in a covered position pursuant to an election made under such amendments shall be treated as the same type of service as the covered position in which the employee or agent suffered the qualifying illness or injury.”

Pub. L. 107–296, title XIII, § 1313(b)(5), Nov. 25, 2002, 116 Stat. 2296, provided that: “The Office of Personnel Management may prescribe regulations to carry out this subsection [amending this section and section 8414 of this title, enacting provisions set out as notes under this section, and repealing provisions set out as notes under this section and section 8414 of this title].”

### Termination of United States District Court for the District of the Canal Zone

For termination of the United States District Court for the District of the Canal Zone at end of the “transition period”, being the 30-month period beginning Oct. 1, 1979, and ending midnight Mar. 31, 1982, see Paragraph 5 of Article XI of the Panama Canal Treaty of 1977 and sections 2101 and 2201 to 2203(a) of Pub. L. 96–70, title II, Sept. 27, 1979, 93 Stat. 493, formerly classified to sections 3831 and 3841 to 3843, respectively, of Title 22, Foreign Relations and Intercourse.

### Sense of Congress

Pub. L. 117–225, § 2, Dec. 9, 2022, 136 Stat. 2293, provided that: “It is the sense of Congress that— it is in the best national and homeland security interests of the United States for Federal agencies to retain the specialized knowledge and experience of individuals who suffer an injury or illness while serving in a covered position (as defined under the amendments made by this Act [see Effective Date of 2022 Amendment note set out above]); and Federal agencies should ensure, to the greatest extent possible, that an individual who can no longer carry out the duties of a covered position, and is reappointed to a position in the civil service that is not a covered position, is reappointed within the same Federal agency, in the same geographic location, and at a level of pay commensurate to the position which the individual held immediately prior to such injury or illness.”

### Government Accountability Office: Voluntary Early Retirement

Pub. L. 107–296, title XIII, § 1313(b)(3), Nov. 25, 2002, 116 Stat. 2296, provided that: “The amendments made by this subsection [amending this section and section 8414 of this title and repealing provisions set out as notes under this section and section 8414 of this title] shall not be construed to affect the authority under section 1 of Public Law 106–303 (5 U.S.C. 8336 note; 114 State. 1063).”

Pub. L. 106–303, § 1, Oct. 13, 2000, 114 Stat. 1063, as amended by Pub. L. 108–271, §§ 2(a), (b)(1), 8(b), July 7, 2004, 118 Stat. 811, 814, provided that: Civil Service Retirement System.—Effective October 13, 2000, paragraph (2) of section 8336(d) of title 5, United States Code, shall, with respect to officers and employees of the Government Accountability Office, be applied as if it had been amended to read as follows:

“ ‘(2)(A) has been employed continuously by the Government Accountability Office for at least the 31-day period immediately preceding the start of the period referred to in subparagraph (D);

“ ‘(B) is serving under an appointment that is not time limited;

“ ‘(C) has not received a notice of involuntary separation, for misconduct or unacceptable performance, with respect to which final action remains pending; and

“ ‘(D) is separated from the service voluntarily during a period with respect to which the Comptroller General determines that the application of this subsection is necessary and appropriate for the purpose of—

“ ‘(i) realigning the Government Accountability Office’s workforce in order to meet budgetary constraints or mission needs;

“ ‘(ii) correcting skill imbalances; or

“ ‘(iii) reducing high-grade, managerial, or supervisory positions;’.

Federal Employees’ Retirement System.—Effective October 13, 2000, subparagraph (B) of section 8414(b)(1) of title 5, United States Code, shall, with respect to officers and employees of the Government Accountability Office, be applied as if it had been amended to read as follows:

“ ‘(B)(i) has been employed continuously by the Government Accountability Office for at least the 31-day period immediately preceding the start of the period referred to in clause (iv);

“ ‘(ii) is serving under an appointment that is not time limited;

“ ‘(iii) has not received a notice of involuntary separation, for misconduct or unacceptable performance, with respect to which final action remains pending; and

“ ‘(iv) is separated from the service voluntarily during a period with respect to which the Comptroller General determines that the application of this subsection is necessary and appropriate for the purpose of—

“ ‘(I) realigning the Government Accountability Office’s workforce in order to meet budgetary constraints or mission needs;

“ ‘(II) correcting skill imbalances; or

“ ‘(III) reducing high-grade, managerial, or supervisory positions;’.

Numerical Limitation.—Not to exceed 10 percent of the Government Accountability Office’s workforce (as of the start of a fiscal year) shall be permitted to take voluntary early retirement in such fiscal year pursuant to this section. Regulations.—The Comptroller General shall prescribe any regulations necessary to carry out this section, including regulations under which an early retirement offer may be made to any employee or group of employees based on— geographic area, organizational unit, or occupational series or level; skills, knowledge, or performance; or such other similar factors (or combination of factors described in this or any other paragraph of this subsection) as the Comptroller General considers necessary and appropriate in order to achieve the purpose involved. Sense of Congress.—It is the sense of Congress that the implementation of this section is intended to reshape the Government Accountability Office workforce and not downsize the Government Accountability Office workforce.”

### Application of Subsection (d)(2)

Pub. L. 105–174, title III, § 7001(a), May 1, 1998, 112 Stat. 91, as amended by Pub. L. 106–58, title VI, § 651(a), Sept. 29, 1999, 113 Stat. 480, which provided that, effective May 1, 1998, subsec. (d)(2) of this section was to be applied as if it read as specified in Pub. L. 105–174, § 7001(a), was repealed by Pub. L. 107–296, title XIII, § 1313(b)(4), Nov. 25, 2002, 116 Stat. 2296.

### Indian Preference Laws Applicable to Bureau of Indian Affairs and Indian Health Service Positions

Nonapplicability of annuity provisions of subsec. (j) of this section to individuals accepting waiver of Indian preference laws with respect to personnel actions, see section 5117(c)(2) of Title 25, Indians.

### Individuals Entitled to Annuity Payments for Period Prior to October 1, 1979

Section 1241(b)(2) of Pub. L. 96–70 provided that: “Effective October 1, 1979, any individual who, but for paragraph (1) of this subsection [set out as an Effective Date of 1979 Amendment note above], would have been entitled to one or more annuity payments pursuant to the amendments made by this section [amending this section] for periods before October 1, 1979, shall be entitled, to such extent or in such amounts as are provided in advance in appropriation Acts, to a lump sum payment equal to the total amount of all such annuity payments.”