For provisions relating to delayed applicability of amendment by Pub. L. 117–225, see Effective Date of 2022 Amendment note below.
Historical and Revision Notes | ||
|---|---|---|
1966 Act | ||
Derivation | U.S. Code | Revised Statutes and 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. |
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| July 7, 1960, Pub. L. 86–604, § 1(b), 74 Stat. 358. |
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| 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) 8336(b) | 5 App.: 2256(a). 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.
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),
The date of the enactment of this paragraph, referred to in subsec. (j)(3)(A)(ii), is
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.
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.
“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.
Pub. L. 117–225, § 3(f), “(1) shall take effect on the date of enactment of this Act [“(2) 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.”
Amendment by Pub. L. 110–161 effective on the later of
Amendment by Pub. L. 107–296 effective 60 days after
Amendment by Pub. L. 106–553 effective on the first day of the first applicable pay period that begins on
Pub. L. 105–261, div. A, title XI, § 1109(d),
Amendment by section 3154(e) of Pub. L. 105–261 effective at the beginning of the first pay period that begins after
Amendment by Pub. L. 102–572 effective
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
Amendment by Pub. L. 101–194 effective
Amendment by Pub. L. 100–53 effective
Amendment by Pub. L. 98–615 effective
Amendment by Pub. L. 98–531 effective
Amendment by Pub. L. 98–353 effective
Section 308(b) of Pub. L. 97–253 provided that:
Amendment by Pub. L. 97–89 effective
Section 1(d) of Pub. L. 96–135 provided that:
Section 1241(b)(1) of Pub. L. 96–70 provided that:
Amendment by section 306 of Pub. L. 95–454 effective 90 days after
Amendment by section 412 of Pub. L. 95–454 effective 9 months after
Amendment by Pub. L. 93–350 effective
Amendment by Pub. L. 92–297 effective on 90th day after
Pub. L. 117–225, § 3(e), “(1) Not later than 1 year after the date of enactment of this Act [“(2) 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].“(3) The Secretary of State shall promulgate regulations to carry out the amendment made by subsection (d) [amending section 4046 of Title 22].“(4) 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—“(A) was incurred in the course of the employee’s or special agent’s duties; and“(B) 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.“(5) 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.“(6) 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),
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
Pub. L. 117–225, § 2, “(1) 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“(2) 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.”
Pub. L. 107–296, title XIII, § 1313(b)(3),
Pub. L. 106–303, § 1, “ ‘(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;’. “ ‘(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;’.“(a) Effective “(b) Effective “(c) 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.“(d) 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—“(1) geographic area, organizational unit, or occupational series or level;“(2) skills, knowledge, or performance; or“(3) 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.“(e) 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.”
Pub. L. 105–174, title III, § 7001(a),
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.
Section 1241(b)(2) of Pub. L. 96–70 provided that: