---
kind: "section"
citation: "5 U.S.C. § 8412"
title: "5"
title_heading: "Government Organization and Employees"
number: "8412"
heading: "Immediate retirement"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/5/8412"
units:
  - "Part III — Employees"
  - "Subpart G — Insurance and Annuities"
  - "Chapter 84 — Federal Employees’ Retirement System"
  - "Subchapter II — Basic Annuity"
---

# §8412. Immediate retirement

- (a) An [employee](/usc/5/4701.md?p=a-2) or [Member](/usc/5/8401.md?p=20) who is separated from the [service](/usc/5/8401.md?p=26) after attaining the applicable minimum retirement age under [subsection (h)](#h) and completing 30 years of [service](/usc/5/8401.md?p=26) is entitled to an annuity.
- (b) An [employee](/usc/5/4701.md?p=a-2) or [Member](/usc/5/8401.md?p=20) who is separated from the [service](/usc/5/8401.md?p=26) after becoming 60 years of age and completing 20 years of [service](/usc/5/8401.md?p=26) is entitled to an annuity.
- (c) An [employee](/usc/5/4701.md?p=a-2) or [Member](/usc/5/8401.md?p=20) who is separated from the [service](/usc/5/8401.md?p=26) after becoming 62 years of age and completing 5 years of [service](/usc/5/8401.md?p=26) is entitled to an annuity.
- (d)
  - (1) An [employee](/usc/5/4701.md?p=a-2) who is separated from the [service](/usc/5/8401.md?p=26), except by removal for cause on charges of misconduct or delinquency—
    - (A) after completing 25 years of [service](/usc/5/8401.md?p=26) as a [law enforcement officer](/usc/5/8401.md?p=17), [member](/usc/5/8401.md?p=20) of the Capitol Police or Supreme [Court](/usc/5/8401.md?p=7) Police, [firefighter](/usc/5/7103.md?p=a-17), [nuclear materials courier](/usc/5/8401.md?p=33), or [customs and border protection officer](/usc/5/8401.md?p=36), or any combination of such [service](/usc/5/8401.md?p=26) totaling at least 25 years, or
    - (B) after becoming 50 years of age and completing 20 years of [service](/usc/5/8401.md?p=26) as a [law enforcement officer](/usc/5/8401.md?p=17), [member](/usc/5/8401.md?p=20) of the Capitol Police or Supreme [Court](/usc/5/8401.md?p=7) Police, [firefighter](/usc/5/7103.md?p=a-17), [nuclear materials courier](/usc/5/8401.md?p=33), or [customs and border protection officer](/usc/5/8401.md?p=36), or any combination of such [service](/usc/5/8401.md?p=26) totaling at least 20 years,

    is entitled to an annuity.

  - (2)
    - (A) In this paragraph—
      - (i) the term “affected individual” means an individual covered under this chapter who—
        - (I) is performing [service](/usc/5/8401.md?p=26) 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 under paragraph (1) of this subsection or [subsection (e)](#e), as applicable;
        - (III) because of the illness or injury described in [subclause (II)](#d-2-A-i-II), is permanently unable to render useful and efficient [service](/usc/5/8401.md?p=26) in the [employee](/usc/5/4701.md?p=a-2)’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/5/8401.md?p=26) 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/5/8401.md?p=17), [customs and border protection officer](/usc/5/8401.md?p=36), [firefighter](/usc/5/7103.md?p=a-17), [air traffic controller](/usc/5/8401.md?p=35), [nuclear materials courier](/usc/5/8401.md?p=33), [member](/usc/5/8401.md?p=20) of the Capitol Police, or [member](/usc/5/8401.md?p=20) of the Supreme [Court](/usc/5/8401.md?p=7) Police.
    - (B) Unless an affected individual files an election described in [subparagraph (E)](#d-2-E), creditable [service](/usc/5/8401.md?p=26) by the affected individual in a [position](/usc/5/5102.md?p=a-3) described in [subparagraph (A)(i)(IV)](#d-2-A-i-IV) shall be treated as creditable [service](/usc/5/8401.md?p=26) 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 8422.
    - (C) [Subparagraph (B)](#d-2-B) shall only apply if the affected [employee](/usc/5/4701.md?p=a-2) transitions to a [position](/usc/5/5102.md?p=a-3) described in [subparagraph (A)(i)(IV)](#d-2-A-i-IV) without a break in [service](/usc/5/8401.md?p=26) exceeding 3 days.
    - (D) The [service](/usc/5/8401.md?p=26) of an affected individual shall no longer be [eligible](/usc/5/4701.md?p=a-3) for treatment under [subparagraph (B)](#d-2-B) if such [service](/usc/5/8401.md?p=26) 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/5/8401.md?p=26) requirements that would subject the individual to mandatory separation under [section 8425](/usc/5/8425.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/5/8401.md?p=8) 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/5/8401.md?p=26) performed by the affected individual treated in accordance with this chapter without regard to [subparagraph (B)](#d-2-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).
- (e) An [employee](/usc/5/4701.md?p=a-2) who is separated from the [service](/usc/5/8401.md?p=26), except by removal for cause on charges of misconduct or delinquency—
  - (1) after completing 25 years of [service](/usc/5/8401.md?p=26) as an [air traffic controller](/usc/5/8401.md?p=35), or
  - (2) after becoming 50 years of age and completing 20 years of [service](/usc/5/8401.md?p=26) as an [air traffic controller](/usc/5/8401.md?p=35),

  is entitled to an annuity.

- (f) A [Member](/usc/5/8401.md?p=20) who is separated from the [service](/usc/5/8401.md?p=26), except by resignation or expulsion—
  - (1) after completing 25 years of [service](/usc/5/8401.md?p=26), or
  - (2) after becoming 50 years of age and completing 20 years of [service](/usc/5/8401.md?p=26),

  is entitled to an annuity.

- (g)
  - (1) An [employee](/usc/5/4701.md?p=a-2) or [Member](/usc/5/8401.md?p=20) who is separated from the [service](/usc/5/8401.md?p=26) after attaining the applicable minimum retirement age under [subsection (h)](#h) and completing 10 years of [service](/usc/5/8401.md?p=26) is entitled to an annuity. This subsection shall not apply to an [employee](/usc/5/4701.md?p=a-2) or [Member](/usc/5/8401.md?p=20) who is entitled to an annuity under any other provision of this section.
  - (2) An [employee](/usc/5/4701.md?p=a-2) or [Member](/usc/5/8401.md?p=20) entitled to an annuity under this subsection may defer the commencement of such annuity by written election. The date to which the commencement of the annuity is deferred may not precede the 31st day after the date of filing the election, and must precede the date on which the [employee](/usc/5/4701.md?p=a-2) or [Member](/usc/5/8401.md?p=20) becomes 62 years of age.
  - (3) The [Office](/usc/5/5402.md?p=3) shall prescribe regulations under which an election under [paragraph (2)](#g-2) shall be made.
- (h)
  - (1) The applicable minimum retirement age under this subsection is—
    - (A) for an individual whose date of birth is before January 1, 1948, 55 years of age;
    - (B) for an individual whose date of birth is after December 31, 1947, and before January 1, 1953, 55 years of age plus the number of months in the age increase factor determined under [paragraph (2)(A)](#h-2-A);
    - (C) for an individual whose date of birth is after December 31, 1952, and before January 1, 1965, 56 years of age;
    - (D) for an individual whose date of birth is after December 31, 1964, and before January 1, 1970, 56 years of age plus the number of months in the age increase factor determined under [paragraph (2)(B)](#h-2-B); and
    - (E) for an individual whose date of birth is after December 31, 1969, 57 years of age.
  - (2)
    - (A) For an individual whose date of birth occurs during the 5-year period consisting of calendar years 1948 through 1952, the age increase factor shall be equal to two-twelfths times the number of months in the period beginning with January 1948 and ending with December of the year in which the date of birth occurs.
    - (B) For an individual whose date of birth occurs during the 5-year period consisting of calendar years 1965 through 1969, the age increase factor shall be equal to two-twelfths times the number of months in the period beginning with January 1965 and ending with December of the year in which the date of birth occurs.

## Source credit

(Added Pub. L. 99–335, title I, § 101(a), June 6, 1986, 100 Stat. 524; amended Pub. L. 99–556, title I, § 105(a), Oct. 27, 1986, 100 Stat. 3131; Pub. L. 101–428, § 3(a), Oct. 15, 1990, 104 Stat. 929; Pub. L. 105–261, div. C, title XXXI, § 3154(g), Oct. 17, 1998, 112 Stat. 2255; Pub. L. 106–553, § 1(a)(2) [title III, § 308(c)(1)], Dec. 21, 2000, 114 Stat. 2762, 2762A–87; Pub. L. 110–161, div. E, title V, § 535(b)(2), Dec. 26, 2007, 121 Stat. 2076; Pub. L. 117–225, § 3(b)(1), Dec. 9, 2022, 136 Stat. 2294.)

## Notes

### Editorial Notes

### Amendments

2022—Subsec. (d). Pub. L. 117–225 designated existing provisions as par. (1), redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, of par. (1), and added par. (2).

2007—Subsec. (d)(1), (2). Pub. L. 110–161 substituted “nuclear materials courier, or customs and border protection officer,” for “or nuclear materials courier,”.

2000—Subsec. (d). Pub. L. 106–553 inserted “or Supreme Court Police” after “Capitol Police” in pars. (1) and (2).

1998—Subsec. (d)(1), (2). Pub. L. 105–261 substituted “firefighter, or nuclear materials courier” for “or firefighter”.

1990—Subsec. (d)(1), (2). Pub. L. 101–428 substituted “officer, member of the Capitol Police,” for “officer”.

1986—Subsec. (g). Pub. L. 99–556 designated existing provisions as par. (1) and added par. (2).

### Statutory Notes and Related Subsidiaries

### Effective Date of 2022 Amendment

Amendment by Pub. L. 117–225 effective Dec. 9, 2022, and applicable to an individual who suffers an illness or injury described in certain Code provisions on or after the date that is 2 years after Dec. 9, 2022, see section 3(f) of Pub. L. 117–225, set out as a note under section 8336 of this title.

### 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 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

Amendment by 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.

### Regulations

For provisions relating to promulgation of regulations to carry out the amendments made by Pub. L. 117–225, see section 3(e) of Pub. L. 117–225, set out as a note under section 8336 of this title.