Title 5 — Government Organization and Employees
Part III · Chapter 83 — Retirement
§ 8338. Deferred retirement
Statutory text
An employee who is separated from the service or transferred to a position in which he does not continue subject to this subchapter after completing 5 years of civilian service is entitled to an annuity beginning at the age of 62 years.
A Member who, after , is separated from the service as a Member after completing 5 years of civilian service is entitled to an annuity beginning at the age of 62 years. A Member who is separated from the service after completing 10 or more years of Member service is entitled to an annuity beginning at the age of 60 years. A Member who is separated from the service after completing 20 or more years of service, including 10 or more years of Member service, is entitled to a reduced annuity beginning at the age of 50 years.
A judge of the United States Court of Appeals for the Armed Forces who is separated from the service after completing 5 years of civilian service is entitled to an annuity beginning at the age of 62 years. A judge of such court who is separated from the service after completing the term of service for which he was appointed is entitled to an annuity. If an annuity is elected before the judge becomes 60 years of age, it shall be a reduced annuity.
An annuity or reduced annuity authorized by this section is computed under section 8339 of this title.
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.
Pub. L. 89–554 · 80 Stat. 378
Enacted · 5 U.S.C. § 8338
Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 574
Source evidence
Code source credit
Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 574Department of Defense Authorization Act, 1984
Pub. L. 98–94 title XII § 1256(d) · 97 Stat. 614
Added · 5 U.S.C. § 8338(c); 5 U.S.C. § 8338(d)
Pub. L. 98–94 added subsec. (c)
Redesignated · 5 U.S.C. § 8338(c); 5 U.S.C. § 8338(d)
Pub. L. 98–94 redesignated former subsec. (c) as (d)
Source evidence
Code amendment note
Subsecs. (c), (d). Pub. L. 98–94 added subsec. (c), and redesignated former subsec. (c) as (d).National Defense Authorization Act for Fiscal Year 1995
Pub. L. 103–337 div. A title IX § 924(d)(1)(A) · 108 Stat. 2663
Substituted · 5 U.S.C. § 8338(c)
Pub. L. 103–337 substituted “Court of Appeals for the Armed Forces” for “Court of Military Appeals”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 103–337 substituted “Court of Appeals for the Armed Forces” for “Court of Military Appeals”.Enacted provision · exact public law section
(A) In title 5, sections 8334(a)(1), 8336(1), 8337(a), 8338(c), 8339(d)(6), and 8339(h) and the table in section 8334(c).
1 of 4 references resolved to an enrolled provision · 3 partial
Notes
historicalAndRevision
| Historical and Revision Notes | ||
|---|---|---|
| 1966 Act | ||
| Derivation | U.S. Code | Revised Statutes andStatutes at Large |
| 5 U.S.C. 2258. | July 31, 1956, ch. 804, § 401 “Sec. 8”, 70 Stat. 751.July 7, 1960, Pub. L. 86–604, § 1(c), 74 Stat. 358.July 12, 1960, Pub. L. 86–622, § 2(a), 74 Stat. 410. | |
In subsection (b), the words “after ” are substituted for “on or after ”. The word “hereafter” is omitted as unnecessary.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
1967 Act
This section amends 5 U.S.C. 8338(a) for consistency within the subchapter and to reflect that it is the individual, rather than the position, that is subject to the subchapter.
Editorial Notes
Amendments1983–1994 · 2 rounds
1994
Subsec. (c). Pub. L. 103–337 substituted “Court of Appeals for the Armed Forces” for “Court of Military Appeals”.
1983
Subsecs. (c), (d). Pub. L. 98–94 added subsec. (c), and redesignated former subsec. (c) as (d).
Statutory Notes and Related Subsidiaries
Savings Provisions Deferred Annuities Under Laws Repealed by Pub. L. 90–83
Pub. L. 90–83, § 10(a), , 81 Stat. 222, provided that: “The right to a deferred annuity on satisfaction of the conditions attached thereto is continued notwithstanding the repeal by this Act of the law conferring the right.”