
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC8333]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                   Subpart G--Insurance and Annuities
 
                         CHAPTER 83--RETIREMENT
 
                SUBCHAPTER III--CIVIL SERVICE RETIREMENT
 
Sec. 8333. Eligibility for annuity

    (a) An employee must complete at least 5 years of civilian service 
before he is eligible for an annuity under this subchapter.
    (b) An employee or Member must complete, within the last 2 years 
before any separation from service, except a separation because of death 
or disability, at least 1 year of creditable civilian service during 
which he is subject to this subchapter before he or his survivors are 
eligible for annuity under this subchapter based on the separation. If 
an employee or Member, except an employee or Member separated from the 
service because of death or disability, fails to meet the service 
requirement of the preceding sentence, the amounts deducted from his pay 
during the service for which no eligibility for annuity is established 
based on the separation shall be returned to him on the separation. 
Failure to meet this service requirement does not deprive the individual 
or his survivors of annuity rights which attached on a previous 
separation.
    (c) A Member or his survivor is eligible for an annuity under this 
subchapter only if the amounts named by section 8334 of this title have 
been deducted or deposited with respect to his last 5 years of civilian 
service, or, in the case of a survivor annuity under section 8341(d) or 
(e)(1) of this title, with respect to his total service.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 569; Pub. L. 91-93, title II, 
Sec. 201(b), Oct. 20, 1969, 83 Stat. 138; Pub. L. 94-183, Sec. 2(34), 
Dec. 31, 1975, 89 Stat. 1058.)

                      Historical and Revision Notes
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
(a), (b)...........  5 U.S.C. 2253(f), (g).        July 31, 1956, ch.
                                                    804, Sec.  401
                                                    ``Sec. 3(f), (g)'',
                                                    70 Stat. 746.
(c)................  5 U.S.C. 2256(f) (last        July 31, 1956, ch.
                      sentence).                    804, Sec.  401
                                                    ``Sec. 6(f) (last
                                                    sentence)'', 70
                                                    Stat. 750.
                                                   Aug. 27, 1958, Pub.
                                                    L. 85-772, Sec.
                                                    1(a), 72 Stat. 930.
------------------------------------------------------------------------

    In subsection (c), the words ``eligible for'' are substituted for 
``entitled to''.
    Standard changes are made to conform with the definitions applicable 
and the style of this title as outlined in the preface to the report.


                               Amendments

    1975--Subsec. (c). Pub. L. 94-183 substituted ``of this title'' for 
``of title 5'' and ``of this title'' for ``of this chapter''.
    1969--Subsec. (c). Pub. L. 91-93 provided for eligibility for a 
survivor annuity under section 8341(d) or (e)(1) of this title only if 
the requisite amounts are deducted or deposited with respect to total 
service period.


                    Effective Date of 1969 Amendment

    Amendment by Pub. L. 91-93 inapplicable in cases of persons retired 
or otherwise separated prior to Oct. 20, 1969, their rights and of their 
survivors continued as if such amendment had not been enacted, see 
section 207(a) of Pub. L. 91-93, set out as a note under section 8331 of 
this title.

                  Section Referred to in Other Sections

    This section is referred to in title 22 section 4051.
