
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: 5USC8316]

 
             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. 8316. Refund of contributions and deposits

    (a) When payment of annuity or retired pay is denied under this 
subchapter because an individual was convicted of an offense named by 
section 8312 of this title, to the extent provided by that section, or 
violated section 8314 or 8315 of this title--
        (1) the amount, except employment taxes, contributed by the 
    individual toward the annuity, less the amount previously refunded 
    or paid as annuity benefits; and
        (2) deposits made under section 1438 of title 10 or section 5 of 
    the Uniformed Services Contingency Option Act of 1953 (67 Stat. 504) 
    to provide the eligible beneficiary with annuity for any period, 
    less the amount previously paid as retired pay benefits;

shall be refunded, on appropriate application therefor--
        (A) to the individual;
        (B) if the individual is dead, to the beneficiary designated to 
    receive refunds by or under the statute, regulation, or agreement 
    under which the annuity, the benefits of which are denied under this 
    subchapter, would have been payable; or
        (C) if a beneficiary is not designated, in the order of 
    precedence prescribed by section 8342(c) of this title or section 
    2771 of title 10, as the case may be.

    (b) A refund under subsection (a) of this section shall be made with 
interest at the rate and for the period provided under the statute, 
regulation, or agreement under which the annuity would have been 
payable. However, interest may not be computed--
        (1) if the individual was convicted of an offense named by 
    section 8312(b) of this title, or violated section 8314 or 
    8315(a)(1) of this title, for the period after the conviction or 
    commission of the violation, or after September 1, 1954, whichever 
    is later; or
        (2) if the individual was convicted of an offense named by 
    section 8312(c) of this title, or violated section 8315(a)(2) of 
    this title, for the period after the conviction or commission of the 
    violation, or after September 26, 1961, whichever is later.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 563.)

                      Historical and Revision Notes
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
                     5 U.S.C. 2284(a), (b).        Sept. 26, 1961, Pub.
                                                    L. 87-299, Sec.  1
                                                    ``Sec. 4(a), (b)'',
                                                    75 Stat. 644.
                     5 U.S.C. 2284a(b).            Sept. 26, 1961, Pub.
                                                    L. 87-299, Sec.  1
                                                    ``Sec. 5(b)'', 75
                                                    Stat. 645.
------------------------------------------------------------------------

    This section is reorganized for clarity and conciseness.
    The words ``and section 3282 of Title 18'' in former section 2284(a) 
are 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.

                       References in Text

    Section 5 of the Uniform Services Contingency Option Act of 1953 (67 
Stat. 504), referred to in text, is covered by section 1438 of Title 10, 
Armed Forces.

                  Section Referred to in Other Sections

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