---
kind: "section"
citation: "5 U.S.C. § 8414"
title: "5"
title_heading: "Government Organization and Employees"
number: "8414"
heading: "Early retirement"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/5/8414"
units:
  - "Part III — Employees"
  - "Subpart G — Insurance and Annuities"
  - "Chapter 84 — Federal Employees’ Retirement System"
  - "Subchapter II — Basic Annuity"
---

# §8414. Early retirement

- (a)
  - (1) A [member](/usc/5/8401.md?p=20) of the [Senior Executive](/usc/5/3132.md?p=a-3) [Service](/usc/5/8401.md?p=26) who is removed from the [Senior Executive](/usc/5/3132.md?p=a-3) [Service](/usc/5/8401.md?p=26) 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/5/8401.md?p=26), or after becoming 50 years of age and completing 20 years of [service](/usc/5/8401.md?p=26), is entitled to an annuity.
  - (2) A [member](/usc/5/8401.md?p=20) of the Defense Intelligence [Senior Executive](/usc/5/3132.md?p=a-3) [Service](/usc/5/8401.md?p=26) or the Senior Cryptologic Executive [Service](/usc/5/8401.md?p=26) who is removed from such [service](/usc/5/8401.md?p=26) 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/5/8401.md?p=26), or after becoming 50 years of age and completing 20 years of [service](/usc/5/8401.md?p=26), is entitled to an annuity.
  - (3) A [member](/usc/5/8401.md?p=20) 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/5/8401.md?p=26) who is removed from such [service](/usc/5/8401.md?p=26) 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/5/8401.md?p=26) or after becoming 50 years of age and completing 20 years of [service](/usc/5/8401.md?p=26) is entitled to an annuity.
- (b)
  - (1) Except as provided in paragraphs [(2)](#b-2) and [(3)](#b-3), an [employee](/usc/5/4701.md?p=a-2) who—
    - (A) is separated from the [service](/usc/5/8401.md?p=26) involuntarily, except by removal for cause on charges of misconduct or delinquency; or
    - (B)
      - (i) has been employed continuously, by the [agency](/usc/5/3132.md?p=a-1) in which the [employee](/usc/5/4701.md?p=a-2) 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 [clause (iv)](#b-1-B-iv);
      - (ii) is serving under an appointment that is not time limited;
      - (iii) has not been duly notified that such [employee](/usc/5/4701.md?p=a-2) is to be involuntarily separated for misconduct or unacceptable performance;
      - (iv) is separate[^1] from the [service](/usc/5/8401.md?p=26) voluntarily during a period in which, as determined by the [Office](/usc/5/5402.md?p=3) 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/5/4701.md?p=a-2) 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/5/4701.md?p=a-2) serving 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/5/8401.md?p=4) (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
      - (v) 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.[^2]

    after completing 25 years of [service](/usc/5/8401.md?p=26), or after becoming 50 years of age and completing 20 years of [service](/usc/5/8401.md?p=26), is entitled to an annuity.

  - (2) An [employee](/usc/5/4701.md?p=a-2) under [paragraph (1)](#b-1) who is separated as described in [subparagraph (A)](#b-1-A) of such paragraph is not entitled to an annuity under this subsection if the [employee](/usc/5/4701.md?p=a-2) has declined a reasonable offer of another [position](/usc/5/5102.md?p=a-3) in the [employee](/usc/5/4701.md?p=a-2)’s [agency](/usc/5/3132.md?p=a-1) for which the [employee](/usc/5/4701.md?p=a-2) is qualified, and the offered [position](/usc/5/5102.md?p=a-3) 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/5/4701.md?p=a-2)’s [grade](/usc/5/5102.md?p=a-5) (or [pay](/usc/5/7511.md?p=a-4) level) and is within the [employee](/usc/5/4701.md?p=a-2)’s commuting area.
  - (3) [Paragraph (1)](#b-1) shall not apply to an [employee](/usc/5/4701.md?p=a-2) entitled to an annuity under subsection (d)(1) or (e) of section 8412.
- (c)
  - (1) An [employee](/usc/5/4701.md?p=a-2) who was hired as a military reserve technician on or before February 10, 1996 (under the provisions of this title in effect before that date), and who is separated from technician [service](/usc/5/8401.md?p=26), after becoming 50 years of age and completing 25 years of [service](/usc/5/8401.md?p=26), by reason of being separated from the Selected Reserve of the [employee](/usc/5/4701.md?p=a-2)’s reserve component or ceasing to hold the military [grade](/usc/5/5102.md?p=a-5) specified by the [Secretary](/usc/5/9901.md?p=2) concerned for the [position](/usc/5/5102.md?p=a-3) held by the [employee](/usc/5/4701.md?p=a-2) is entitled to an annuity.
  - (2) An [employee](/usc/5/4701.md?p=a-2) who is initially hired as a [military technician (dual status)](/usc/5/8401.md?p=30) after February 10, 1996, and who is separated from the Selected Reserve or ceases to hold the military [grade](/usc/5/5102.md?p=a-5) specified by the [Secretary](/usc/5/9901.md?p=2) concerned for the [position](/usc/5/5102.md?p=a-3) held by the technician—
    - (A) after completing 25 years of [service](/usc/5/8401.md?p=26) as a [military technician (dual status)](/usc/5/8401.md?p=30), or
    - (B) after becoming 50 years of age and completing 20 years of [service](/usc/5/8401.md?p=26) as a [military technician (dual status)](/usc/5/8401.md?p=30),

    is entitled to an annuity.

- (d)
  - (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/5/4701.md?p=a-2) of the [Department](/usc/5/10101.md?p=4) of Defense may be separated from the [service](/usc/5/8401.md?p=26) entitled to an immediate annuity under this subchapter if the [employee](/usc/5/4701.md?p=a-2)—
    - (A) has—
      - (i) completed 25 years of [service](/usc/5/8401.md?p=26); or
      - (ii) become 50 years of age and completed 20 years of [service](/usc/5/8401.md?p=26); and
    - (B) is [eligible](/usc/5/4701.md?p=a-3) for the annuity under paragraph [(2)](#d-2) or [(3)](#d-3).
  - (2)
    - (A) For the purposes of [paragraph (1)](#d-1), an [employee](/usc/5/4701.md?p=a-2) referred to in that paragraph is [eligible](/usc/5/4701.md?p=a-3) for an immediate annuity under this paragraph if the [employee](/usc/5/4701.md?p=a-2)—
      - (i) is separated from the [service](/usc/5/8401.md?p=26) 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/5/4701.md?p=a-2) 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/5/4701.md?p=a-2)’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/5/4701.md?p=a-2)’s commuting area.
    - (B) For the purposes of [paragraph (2)(A)(i)](#d-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/5/4701.md?p=a-2) 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)](#d-1), an [employee](/usc/5/4701.md?p=a-2) referred to in that paragraph is [eligible](/usc/5/4701.md?p=a-3) for an immediate annuity under this paragraph if the [employee](/usc/5/4701.md?p=a-2) satisfies all of the following conditions:
    - (A) The [employee](/usc/5/4701.md?p=a-2) is separated from the [service](/usc/5/8401.md?p=26) voluntarily during a period in which the organization within the [Department](/usc/5/10101.md?p=4) of Defense in which the [employee](/usc/5/4701.md?p=a-2) is serving is undergoing a major organizational adjustment.
    - (B) The [employee](/usc/5/4701.md?p=a-2) 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/5/4701.md?p=a-2)’s organization requests the determinations required under [subparagraph (A)](#d-3-A).
    - (C) The [employee](/usc/5/4701.md?p=a-2) is serving under an appointment that is not limited by time.
    - (D) The [employee](/usc/5/4701.md?p=a-2) is not in receipt of a decision notice of involuntary separation for misconduct or unacceptable performance.
    - (E) The [employee](/usc/5/4701.md?p=a-2) 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/5/4701.md?p=a-2) meets—
    - (A) the requirements of [subparagraph (A)](#d-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/5/4701.md?p=a-2) 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 “separated”.
[^2]: So in original. Probably should be a semicolon.

## Source credit

(Added Pub. L. 99–335, title I, § 101(a), June 6, 1986, 100 Stat. 526; amended Pub. L. 100–325, § 2(m), May 30, 1988, 102 Stat. 583; Pub. L. 101–194, title V, § 506(b)(9), Nov. 30, 1989, 103 Stat. 1759; Pub. L. 105–261, div. A, title XI, § 1109(b), Oct. 17, 1998, 112 Stat. 2144; Pub. L. 106–58, title VI, § 651(b), Sept. 29, 1999, 113 Stat. 480; Pub. L. 106–65, div. A, title V, § 522(b), Oct. 5, 1999, 113 Stat. 597; Pub. L. 106–398, § 1 [[div. A], title XI, § 1152(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A–321; Pub. L. 107–296, title XIII, §§ 1313(b)(2), 1321(a)(5)(A), Nov. 25, 2002, 116 Stat. 2295, 2297; Pub. L. 117–225, § 3(b)(2)(A)(i), Dec. 9, 2022, 136 Stat. 2295.)

## Notes

### Editorial Notes

### Amendments

2022—Subsec. (b)(3). Pub. L. 117–225 inserted “(1)” after “subsection (d)”.

2002—Subsec. (a)(1). Pub. L. 107–296, § 1321(a)(5)(A), struck out “for failure to be recertified as a senior executive under section 3393a or” before “for less than fully”.

Subsec. (b)(1)(B). Pub. L. 107–296, § 1313(b)(2), added subpar. (B) and struck out former subpar. (B) which read as follows: “except in the case of an employee who is separated from the service under a program carried out under subsection (d), while serving in a geographic area designated by the Director, is separated from the service voluntarily during a period in which (as determined by the Director)—

“(i) 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

“(ii) a significant percentage of the total number of 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);”.

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

Subsec. (d). Pub. L. 106–398, § 1 [[div. A], title XI, § 1152(b)(2)], added subsec. (d).

1999—Subsec. (b)(1)(B). Pub. L. 106–58 repealed Pub. L. 105–261, § 1109(b)(1). See 1998 Amendment note below.

Subsec. (c). Pub. L. 106–65 amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “A military reserve technician who is separated from technician service, after becoming 50 years of age and completing 25 years of service, by reason of ceasing to satisfy the condition described in section 8401(30)(B) is entitled to an annuity.”

Subsec. (d). Pub. L. 106–58 repealed Pub. L. 105–261, § 1109(b)(2). See 1998 Amendment note below.

1998—Subsec. (b)(1)(B). Pub. L. 105–261, § 1109(b)(1), which directed insertion of “except in the case of an employee described in subsection (d)(1),” after “(B)”, was repealed by Pub. L. 106–58.

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

1989—Subsec. (a)(1). Pub. L. 101–194, § 506(b)(9)(A), substituted “for failure to be recertified as a senior executive under section 3393a or for” for “for”.

Subsec. (a)(2), (3). Pub. L. 101–194, § 506(b)(9)(B), (C), substituted “for failure to be recertified as a senior executive or for” for “for”.

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

### 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 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 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.

### Government Accountability Office: Voluntary Early Retirement

For provisions relating to the application of subsection (b)(1)(B) of this section to officers and employees of the Government Accountability Office effective Oct. 13, 2000, see section 1 of Pub. L. 106–303, set out as a note under section 8336 of this title.

### Application of Subsection (b)(1)(B)

Pub. L. 105–174, title III, § 7001(b), 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. (b)(1)(B) of this section was to be applied as if it read as specified in Pub. L. 105–174, § 7001(b), was repealed by Pub. L. 107–296, title XIII, § 1313(b)(4), Nov. 25, 2002, 116 Stat. 2296.