
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: 5USC8313]

 
             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. 8313. Absence from the United States to avoid prosecution

    (a) An individual, or his survivor or beneficiary, may not be paid 
annuity or retired pay on the basis of the service of the individual 
which is creditable toward the annuity or retired pay, subject to the 
exceptions in section 8311(2) and (3) of this title, if the individual--
        (1) is under indictment, or has outstanding against him charges 
    preferred under the Uniform Code of Military Justice--
            (A) after July 31, 1956, for an offense named by section 
        8312(b) of this title; or
            (B) after September 26, 1961, for an offense named by 
        section 8312(c) of this title; and

        (2) willfully remains outside the United States, or its 
    territories and possessions including the Commonwealth of Puerto 
    Rico, for more than 1 year with knowledge of the indictment or 
    charges, as the case may be.

    (b) The prohibition on payment of annuity or retired pay under 
subsection (a) of this section applies to the period after the end of 
the 1-year period and continues until--
        (1) a nolle prosequi to the entire indictment is entered on the 
    record or the charges are dismissed by competent authority;
        (2) the individual returns and thereafter the indictment or 
    charges is or are dismissed; or
        (3) after trial by court or court-martial, the accused is found 
    not guilty of the offense or offenses.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 561.)

                      Historical and Revision Notes
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
                     5 U.S.C. 2283a.               Sept. 26, 1961, Pub.
                                                    L. 87-299, Sec.  1,
                                                    ``Sec. 3'', 75 Stat.
                                                    643.
------------------------------------------------------------------------

    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

    The Uniform Code of Military Justice, referred to in text, is 
classified to chapter 47 (Sec. 801 et seq.) of Title 10, Armed Forces.


  Suspension of Payment of Retired Pay of Members Who Are Absent From 
                   United States To Avoid Prosecution

    Pub. L. 104-201, div. A, title VI, Sec. 633, Sept. 23, 1996, 110 
Stat. 2550, provided that:
    ``(a) Development of Procedures for Suspension.--The Secretary of 
Defense shall develop uniform procedures under which the Secretary of a 
military department may suspend the payment of the retired pay of a 
member or former member of the Armed Forces during periods in which the 
member willfully remains outside the United States to avoid criminal 
prosecution or civil liability. The procedures shall address the types 
of criminal offenses and civil proceedings for which the procedures may 
be used, including the offenses specified in section 8312 of title 5, 
United States Code, and the manner by which a member, upon the return of 
the member to the United States, may obtain retired pay withheld during 
the member's absence.
    ``(b) Report to Congress.--The Secretary of Defense shall submit to 
Congress a report describing the procedures developed under subsection 
(a). The report shall include recommendations regarding changes to 
existing provisions of law (including section 8313 of title 5, United 
States Code) that the Secretary determines are necessary to fully 
implement the procedures.
    ``(c) Retired Pay Defined.--For purposes of this section, the term 
`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.
    ``(d) Effective Date.--The uniform procedures required by subsection 
(a) shall be developed not later than 30 days after the date of the 
enactment of this Act [Sept. 23, 1996].''

                  Section Referred to in Other Sections

    This section is referred to in section 8318 of this title.
