§ 8333. Eligibility for annuity

Statutory text

An employee must complete at least 5 years of civilian service before he is eligible for an annuity under this subchapter.

An employee or Member must complete, within the last 2 years before any separation from service, except a separation because of death or disability, at least 1 year of creditable civilian service during which he is subject to this subchapter before he or his survivors are eligible for annuity under this subchapter based on the separation. If an employee or Member, except an employee or Member separated from the service because of death or disability, fails to meet the service requirement of the preceding sentence, the amounts deducted from his pay during the service for which no eligibility for annuity is established based on the separation shall be returned to him on the separation. Failure to meet this service requirement does not deprive the individual or his survivors of annuity rights which attached on a previous separation.

A Member or his survivor is eligible for an annuity under this subchapter only if the amounts named by section 8334 of this title have been deducted or deposited with respect to his last 5 years of civilian service, or, in the case of a survivor annuity under section 8341(d) or (e)(1) of this title, with respect to his total service.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1966
Pub. L. 89–554 · 80 Stat. 378
Enacted · 5 U.S.C. § 8333
Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 569
Source evidence
Code source credit
Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 569
1969
Pub. L. 91–93 title II § 201(b) · 83 Stat. 136
Changed · 5 U.S.C. § 8333(c)
Pub. L. 91–93 provided for eligibility for a survivor annuity under section 8341(d) or (e)(1) of this title only if the requisite amounts are deducted or deposited with respect to total service period
Source evidence
Code amendment note
Subsec. (c). Pub. L. 91–93 provided for eligibility for a survivor annuity under section 8341(d) or (e)(1) of this title only if the requisite amounts are deducted or deposited with respect to total service period.
Enacted provision · exact public law section
(b) Subsection (c) of section 8333 of title 5, United States Code, is amended to read as follows: “(c) A Member or his survivor is eligible for an annuity under this Ante, p. 136. subchapter only if the amounts named by section 8334 of title 5 have been deducted or deposited with respect to his last 5 years of civilian service, or, in the case of a survivor annuity under section 8341 (d) or (e) (1) of this chapter, with respect to his total service.”
Effective date note
Amendment by Pub. L. 91–93 inapplicable in cases of persons retired or otherwise separated prior to Oct. 20, 1969, their rights and of their survivors continued as if such amendment had not been enacted, see section 207(a) of Pub. L. 91–93, set out as a note under section 8331 of this title.
1975
Pub. L. 94–183 § 2(34) · 89 Stat. 1057
1. Substituted · 5 U.S.C. § 8333(c)
  Pub. L. 94–183 substituted “of this title” for “of title 5”
2. Substituted · 5 U.S.C. § 8333(c)
  Pub. L. 94–183 substituted “of this title” for “of this chapter”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 94–183 substituted “of this title” for “of title 5” and “of this title” for “of this chapter”.
Enacted provision · exact public law section
(34) In section 8333 (c)— (A) strike out “of title 5” and insert “of this title” in place thereof; (B) strike out “of this chapter” and insert “of this title” in place thereof;

3 of 4 references resolved to an enrolled provision · 1 partial

Notes

historicalAndRevision

Historical and Revision Notes
Derivation	U.S. Code	Revised Statutes andStatutes at Large
(a), (b)	5 U.S.C. 2253(f), (g).	July 31, 1956, ch. 804, § 401 “Sec. 3(f), (g)”, 70 Stat. 746.
(c)	5 U.S.C. 2256(f) (last sentence).	July 31, 1956, ch. 804, § 401 “Sec. 6(f) (last sentence)”, 70 Stat. 750.Aug. 27, 1958, Pub. L. 85–772, § 1(a), 72 Stat. 930.

In subsection (c), the words “eligible for” are substituted for “entitled to”.

Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.

Editorial Notes

Amendments1969–1975 · 2 rounds

1975

Subsec. (c). Pub. L. 94–183 substituted “of this title” for “of title 5” and “of this title” for “of this chapter”.

1969

Subsec. (c). Pub. L. 91–93 provided for eligibility for a survivor annuity under section 8341(d) or (e)(1) of this title only if the requisite amounts are deducted or deposited with respect to total service period.

Statutory Notes and Related Subsidiaries

Effective Date of 1969 Amendment

Amendment by Pub. L. 91–93 inapplicable in cases of persons retired or otherwise separated prior to Oct. 20, 1969, their rights and of their survivors continued as if such amendment had not been enacted, see section 207(a) of Pub. L. 91–93, set out as a note under section 8331 of this title.

Credits

1966–1975 · 3 acts

1966Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 569
1969Pub. L. 91–93, title II, § 201(b), Oct. 20, 1969, 83 Stat. 138
1975Pub. L. 94–183, § 2(34), Dec. 31, 1975, 89 Stat. 1058.

Show as published

(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 569; Pub. L. 91–93, title II, § 201(b), Oct. 20, 1969, 83 Stat. 138; Pub. L. 94–183, § 2(34), Dec. 31, 1975, 89 Stat. 1058.)