---
kind: "section"
citation: "5 U.S.C. § 8413"
title: "5"
title_heading: "Government Organization and Employees"
number: "8413"
heading: "Deferred retirement"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/5/8413"
units:
  - "Part III — Employees"
  - "Subpart G — Insurance and Annuities"
  - "Chapter 84 — Federal Employees’ Retirement System"
  - "Subchapter II — Basic Annuity"
---

# §8413. Deferred 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), or transferred to a [position](/usc/5/5102.md?p=a-3) in which the [employee](/usc/5/4701.md?p=a-2) or [Member](/usc/5/8401.md?p=20) does not continue subject to this chapter, after completing 5 years of [service](/usc/5/8401.md?p=26) is entitled to an annuity beginning at the age of 62 years.
- (b)
  - (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), or transferred to a [position](/usc/5/5102.md?p=a-3) in which the [employee](/usc/5/4701.md?p=a-2) or [Member](/usc/5/8401.md?p=20) does not continue subject to this chapter, after completing 10 years of [service](/usc/5/8401.md?p=26) but before attaining the applicable minimum retirement age under [section 8412(h)](/usc/5/8412.md?p=h) is entitled to an annuity beginning on the date designated by the [employee](/usc/5/4701.md?p=a-2) or [Member](/usc/5/8401.md?p=20) in a written election under this subsection. The date designated under this subsection may not precede the date on which the [employee](/usc/5/4701.md?p=a-2) or [Member](/usc/5/8401.md?p=20) attains such minimum retirement age 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.
  - (2) The election of an annuity under this subsection shall not be effective unless—
    - (A) it is made at such time and in such manner as the [Office](/usc/5/5402.md?p=3) shall by regulation prescribe; and
    - (B) the [employee](/usc/5/4701.md?p=a-2) or [Member](/usc/5/8401.md?p=20) will not otherwise be [eligible](/usc/5/4701.md?p=a-3) to receive an annuity within 31 days after filing the election.
  - (3) The election of an annuity under this subsection extinguishes the right of the [employee](/usc/5/4701.md?p=a-2) or [Member](/usc/5/8401.md?p=20) to receive any other annuity based on the [service](/usc/5/8401.md?p=26) on which the annuity under this subsection is based.

## Source credit

(Added Pub. L. 99–335, title I, § 101(a), June 6, 1986, 100 Stat. 525; amended Pub. L. 99–556, title I, § 105(b)(1), Oct. 27, 1986, 100 Stat. 3132.)

## Notes

### Editorial Notes

### Amendments

1986—Subsec. (b)(1). Pub. L. 99–556 inserted “but before attaining the applicable minimum retirement age under section 8412(h)” in first sentence and substituted “such minimum retirement age” for “the applicable minimum retirement age under section 8412(h)” in second sentence.