---
kind: "section"
citation: "5 U.S.C. § 8338"
title: "5"
title_heading: "Government Organization and Employees"
number: "8338"
heading: "Deferred retirement"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/5/8338"
units:
- "Part III — Employees"
- "Subpart G — Insurance and Annuities"
- "Chapter 83 — Retirement"
- "Subchapter III — Civil Service Retirement"
---
# §8338. Deferred retirement
- (a) An [employee](/usc/5/8311.md?p=1) who is separated from the [service](/usc/5/8331.md?p=12) or transferred to a [position](/usc/5/5102.md?p=a-3) in which he does not continue subject to this subchapter after completing 5 years of civilian [service](/usc/5/8331.md?p=12) is entitled to an [annuity](/usc/5/8311.md?p=2) beginning at the age of 62 years.
- (b) A [Member](/usc/5/8331.md?p=2) who, after December 31, 1955, is separated from the [service](/usc/5/8331.md?p=12) as a [Member](/usc/5/8331.md?p=2) after completing 5 years of civilian [service](/usc/5/8331.md?p=12) is entitled to an [annuity](/usc/5/8311.md?p=2) beginning at the age of 62 years. A [Member](/usc/5/8331.md?p=2) who is separated from the [service](/usc/5/8331.md?p=12) after completing 10 or more years of [Member service](/usc/5/8331.md?p=14) is entitled to an [annuity](/usc/5/8311.md?p=2) beginning at the age of 60 years. A [Member](/usc/5/8331.md?p=2) who is separated from the [service](/usc/5/8331.md?p=12) after completing 20 or more years of [service](/usc/5/8331.md?p=12), including 10 or more years of [Member service](/usc/5/8331.md?p=14), is entitled to a reduced [annuity](/usc/5/8311.md?p=2) beginning at the age of 50 years.
- (c) 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 completing 5 years of civilian [service](/usc/5/8331.md?p=12) is entitled to an [annuity](/usc/5/8311.md?p=2) beginning at the age of 62 years. A judge of such [court](/usc/5/8401.md?p=7) who is separated from the [service](/usc/5/8331.md?p=12) after completing the term of [service](/usc/5/8331.md?p=12) for which he was appointed is entitled to an [annuity](/usc/5/8311.md?p=2). If an [annuity](/usc/5/8311.md?p=2) is elected before the judge becomes 60 years of age, it shall be a reduced [annuity](/usc/5/8311.md?p=2).
- (d) 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).
## Source credit
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 574; Pub. L. 90–83, § 1(77), Sept. 11, 1967, 81 Stat. 214; Pub. L. 98–94, title XII, § 1256(d), Sept. 24, 1983, 97 Stat. 702; Pub. L. 103–337, div. A, title IX, § 924(d)(1)(A), Oct. 5, 1994, 108 Stat. 2832.)
## Notes
| Historical and Revision Notes | | |
| --- | --- | --- |
| 1966 Act | | |
| Derivation | U.S. Code | Revised Statutes and
Statutes at Large |
| | 5 U.S.C. 2258. | July 31, 1956, ch. 804, § 401 “Sec. 8”, 70 Stat. 751.
July 7, 1960, Pub. L. 86–604, § 1(c), 74 Stat. 358.
July 12, 1960, Pub. L. 86–622, § 2(a), 74 Stat. 410. |
In subsection (b), the words “after December 31, 1955” are substituted for “on or after January 1, 1956”. The word “hereafter” is 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.
### 1967 Act
This section amends 5 U.S.C. 8338(a) for consistency within the subchapter and to reflect that it is the individual, rather than the position, that is subject to the subchapter.
### Editorial Notes
### Amendments
1994—Subsec. (c). Pub. L. 103–337 substituted “Court of Appeals for the Armed Forces” for “Court of Military Appeals”.
1983—Subsecs. (c), (d). Pub. L. 98–94 added subsec. (c), and redesignated former subsec. (c) as (d).
### Statutory Notes and Related Subsidiaries
### Savings Provisions Deferred Annuities Under Laws Repealed by Pub. L. 90–83
Pub. L. 90–83, § 10(a), Sept. 11, 1967, 81 Stat. 222, provided that: “The right to a deferred annuity on satisfaction of the conditions attached thereto is continued notwithstanding the repeal by this Act of the law conferring the right.”