
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: 5USC8318]

 
             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. 8318. Restoration of annuity or retired pay

    (a) If an individual who was convicted, before, on, or after 
September 1, 1954, of--
        (1) an offense named by section 8312 of this title; or
        (2) an offense constituting a violation of section 8314 or 8315 
    of this title;

is pardoned by the President, the right of the individual and his 
survivor or beneficiary to receive annuity or retired pay previously 
denied under this subchapter is restored as of the date of the pardon.
    (b) The President may restore, effective as of the date he 
prescribes, the right to receive annuity or retired pay which is denied, 
before, on, or after September 1, 1954, under section 8314 or 8315 of 
this title, to the individual and to his survivor or beneficiary.
    (c) Payment of annuity or retired pay which results from pardon or 
restoration by the President under subsection (a) or (b) of this section 
may not be made for a period before--
        (1) the date of pardon referred to by subsection (a) of this 
    section; or
        (2) the effective date of restoration referred to by subsection 
    (b) of this section.

    (d) Credit for a period of service covered by a refund under section 
8316 of this title is allowed only after the amount refunded has been 
redeposited.
    (e) The spouse of an individual whose annuity or retired pay is 
forfeited under section 8312 or 8313 after the date of enactment of this 
subsection shall be eligible for spousal pension benefits if the 
Attorney General of the United States determines that the spouse fully 
cooperated with Federal authorities in the conduct of a criminal 
investigation and subsequent prosecution of the individual which 
resulted in such forfeiture.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 563; Pub. L. 104-93, title III, 
Sec. 305, Jan. 6, 1996, 109 Stat. 965.)

                      Historical and Revision Notes
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
                     5 U.S.C. 2285(a), (b).        Sept. 26, 1961, Pub.
                                                    L. 87-299, Sec.  1
                                                    ``Sec. 6(a), (b)'',
                                                    75 Stat. 645.
------------------------------------------------------------------------

    The section is reorganized for clarity and conciseness.
    The words ``and section 3282 of Title 18'' 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

    The date of enactment of this subsection, referred to in subsec. 
(e), is the date of enactment of Pub. L. 104-93, which was approved Jan. 
6, 1996.


                               Amendments

    1996--Subsec. (e). Pub. L. 104-93 added subsec. (e).
