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Code · U.S. Code · Title 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES · CHAPTER 83— RETIREMENT · SUBCHAPTER III— CIVIL SERVICE RETIREMENT · § 8338

§ 8338. Deferred retirement

468 words·~2 min read·/usc/title-5/section-8338

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)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.
(b)A Member who, after December 31, 1955, 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.
(c)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.
(d)An annuity or reduced annuity authorized by this section is computed under section 8339 of this title.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 574; Pub. L. 90–83, § 1(77), Sept. 11, 1967, 81 Stat. 214; Pub. L. 98–94, title XII, § 1256(d), Sept. 24, 1983, 97 Stat. 702; Pub. L. 103–337, div. A, title IX, § 924(d)(1)(A), Oct. 5, 1994, 108 Stat. 2832.)
In subsection (b), the words “after December 31, 1955” are substituted for “on or after January 1, 1956”. 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.
Connections12 cite this · traces to 2
12 references not yet in our index
  • Pub. L. 89–554
  • 80 Stat. 574
  • Pub. L. 90–83, § 1(77)
  • 81 Stat. 214
  • Pub. L. 98–94, title XII, § 1256(d)
  • 97 Stat. 702
  • Pub. L. 103–337, div. A, title IX, § 924(d)(1)(A)
  • 108 Stat. 2832
  • Pub. L. 103–337
  • Pub. L. 98–94
  • Pub. L. 90–83, § 10(a)
  • 81 Stat. 222
Citation graph
cites case law
§ 8338
Deferred retirement
U.S.C.×10
Stat.×2
Pub. L.Pub. L. 89–554
Stat.80 Stat. 574
Pub. L.Pub. L. 90–83, § 1(77)
Stat.81 Stat. 214
Pub. L.Pub. L. 98–94, title XII, § 1256(d)
Cites 14 · showing 7Cited by 12 across 2 sources
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