
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC8311]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                   Subpart G--Insurance and Annuities
 
                         CHAPTER 83--RETIREMENT
 
         SUBCHAPTER II--FORFEITURE OF ANNUITIES AND RETIRED PAY
 
Sec. 8311. Definitions

    For the purpose of this subchapter--
        (1) ``employee'' means--
            (A) an employee as defined by section 2105 of this title:
            (B) a Member of Congress as defined by section 2106 of this 
        title and a Delegate to Congress;
            (C) a member or former member of a uniformed service; and
            (D) an individual employed by the government of the District 
        of Columbia;

        (2) ``annuity'' means a retirement benefit, including a 
    disability insurance benefit and a dependent's or survivor's benefit 
    under subchapter II of chapter 7 of title 42, and a monthly annuity 
    under section 228b or 228e of title 45, payable by an agency of the 
    Government of the United States or the government of the District of 
    Columbia on the basis of service as a civilian employee and other 
    service which is creditable to an employee toward the benefit under 
    the statute, regulation, or agreement which provides the benefit, 
    but does not include--
            (A) a benefit provided under statutes administered by the 
        Department of Veterans Affairs;
            (B) pay or compensation which may not be diminished under 
        section 1 of Article III of the Constitution of the United 
        States;
            (C) that portion of a benefit payable under subchapter II of 
        chapter 7 of title 42 which would be payable without taking into 
        account, for any of the purposes of that subchapter, including 
        determinations of periods of disability under section 416(i) of 
        title 42, pay for services as an employee;
            (D) monthly annuity awarded under section 228b or 228e of 
        title 45 before September 26, 1961, whether or not computed 
        under section 228c(e) of title 45;
            (E) that portion of an annuity awarded under section 228b or 
        228e of title 45 after September 25, 1961, which would be 
        payable without taking into account military service creditable 
        under section 228c-1 of title 45;
            (F) a retirement benefit, including a disability insurance 
        benefit and a dependent's or survivor's benefit under subchapter 
        II of chapter 7 of title 42, awarded before September 1, 1954, 
        to an individual or his survivor or beneficiary, insofar as the 
        individual, before September 1, 1954--
                (i) was convicted of an offense named by subsection (b) 
            of section 8312 of this title, to the extent provided by 
            that subsection; or
                (ii) violated section 8314 or 8315(a)(1) of this title; 
            or

            (G) a retirement benefit, including a disability insurance 
        benefit and a dependent's or survivor's benefit under subchapter 
        II of chapter 7 of title 42, awarded before September 26, 1961, 
        to an individual or his survivor or beneficiary, insofar as the 
        individual, before September 26, 1961--
                (i) was convicted of an offense named by subsection (c) 
            of section 8312 of this title, to the extent provided by 
            that subsection; or
                (ii) violated section 8315(a)(2) of this title; and

        (3) ``retired pay'' means retired pay, retirement pay, retainer 
    pay, or equivalent pay, payable under a statute to a member or 
    former member of a uniformed service, and an annuity payable to an 
    eligible beneficiary of the member or former member under chapter 73 
    of title 10 or section 5 of the Uniformed Services Contingency 
    Option Act of 1953 (67 Stat. 504), but does not include--
            (A) a benefit provided under statutes administered by the 
        Department of Veterans Affairs;
            (B) retired pay, retirement pay, retainer pay, or equivalent 
        pay, awarded before September 1, 1954, to an individual, insofar 
        as the individual, before September 1, 1954--
                (i) was convicted of an offense named by subsection (b) 
            of section 8312 of this title, to the extent provided by 
            that subsection; or
                (ii) violated section 8314 or 8315(a)(1) of this title;

            (C) retired pay, retirement pay, retainer pay, or equivalent 
        pay, awarded before September 26, 1961, to an individual, 
        insofar as the individual, before September 26, 1961--
                (i) was convicted of an offense named by subsection (c) 
            of section 8312 of this title, to the extent provided by 
            that subsection; or
                (ii) violated section 8315(a)(2) of this title; or

            (D) an annuity payable to an eligible beneficiary of an 
        individual under chapter 73 of title 10 or section 5 of the 
        Uniformed Services Contingency Option Act of 1953 (67 Stat. 
        504), if the annuity was awarded to the beneficiary, or if 
        retired pay was awarded to the individual, before September 26, 
        1961, insofar as the individual, on the basis of whose service 
        the annuity was awarded, before September 26, 1961--
                (i) was convicted of an offense named by section 8312 of 
            this title, to the extent provided by that section; or
                (ii) violated section 8314 or 8315 of this title.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 557; Pub. L. 102-54, 
Sec. 13(b)(1), June 13, 1991, 105 Stat. 274.)

                      Historical and Revision Notes
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
                     5 U.S.C. 2281.                Sept. 26, 1961, Pub.
                                                    L. 87-299, Sec.  1
                                                    ``Sec. 10'', 75
                                                    Stat. 646.
------------------------------------------------------------------------

    The words ``and section 3282 of Title 18'' are omitted as 
unnecessary.
    In paragraph (1)(A), the words ``an employee as defined by section 
2105 of this title'' are coextensive with and substituted for ``an 
officer or employee in or under the legislative, executive, or judicial 
branch of the Government of the United States''.
    In paragraph (1)(B), the reference to ``Resident Commissioner'' is 
omitted as included in ``Member of Congress'' in view of the definition 
of ``Member of Congress'' in section 2106.
    In paragraph (1)(C), the words ``uniformed service'' are coextensive 
with and substituted for ``armed forces, the Coast and Geodetic Survey, 
or the Public Health Service'' in view of the definition of ``uniformed 
services'' in section 2101.
    In paragraph (3), the words ``uniformed service'' are coextensive 
with and substituted for ``armed forces, the Coast and Geodetic Survey, 
and the Public Health Service'' in view of the definition of ``uniformed 
services'' in section 2101.
    The definition of ``armed forces'' in former section 2281(4) is 
omitted as unnecessary in view of the definition of ``armed forces'' in 
section 2101.
    Standard changes are made to conform with the definitions applicable 
and the style of this title as outlined in the preface to the report.

                       References in Text

    Subchapter II of chapter 7 of title 42, referred to in par. (2), is 
classified to section 401 et seq. of Title 42, The Public Health and 
Welfare.
    Sections 228b, 228c(e), 228c-1, and 228e of title 45, referred to in 
par. (2), are references to sections 2, 3(e), 4, and 5 of the Railroad 
Retirement Act of 1937. That Act was amended in its entirety and 
completely revised by Pub. L. 93-445, Oct. 16, 1974, 88 Stat. 1305. The 
Act, as thus amended and revised, was redesignated the Railroad 
Retirement Act of 1974, and is classified to subchapter IV (section 231 
et seq.) of chapter 9 of Title 45, Railroads.
    Section 5 of the Uniformed Services Contingency Option Act of 1953 
(67 Stat. 504), referred to in text, is covered by section 1438 of Title 
10, Armed Forces.


                               Amendments

    1991--Pars. (2)(A), (3)(A). Pub. L. 102-54 substituted ``Department 
of Veterans Affairs'' for ``Veterans' Administration''.

                  Section Referred to in Other Sections

    This section is referred to in sections 5531, 8312, 8313, 8314, 8315 
of this title.
