
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-27 Section 2(a)]
[Document affected by Public Law 107-67 Section 640(a)]
[Document affected by Public Law 107-67 Section 640(b)]
[CITE: 5USC8335]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                   Subpart G--Insurance and Annuities
 
                         CHAPTER 83--RETIREMENT
 
                SUBCHAPTER III--CIVIL SERVICE RETIREMENT
 
Sec. 8335. Mandatory separation

    (a) An air traffic controller shall be separated from the service on 
the last day of the month in which he becomes 56 years of age. The 
Secretary, under such regulations as he may prescribe, may exempt a 
controller having exceptional skills and experience as a controller from 
the automatic separation provisions of this subsection until that 
controller becomes 61 years of age. The Secretary shall notify the 
controller in writing of the date of separation at least 60 days before 
that date. Action to separate the controller is not effective, without 
the consent of the controller, until the last day of the month in which 
the 60-day notice expires.
    (b) A firefighter who is otherwise eligible for immediate retirement 
under section 8336(c) shall be separated from the service on the last 
day of the month in which such firefighter becomes 55 years of age or 
completes 20 years of service if then over that age. A law enforcement 
officer or nuclear materials courier who is otherwise eligible for 
immediate retirement under section 8336(c) shall be separated from the 
service on the last day of the month in which that officer or courier, 
as the case may be, becomes 57 years of age or completes 20 years of 
service if then over that age. The head of the agency, when in his 
judgment the public interest so requires, may exempt such an employee 
from automatic separation under this subsection until that employee 
becomes 60 years of age. The employing office shall notify the employee 
in writing of the date of separation at least 60 days in advance 
thereof. Action to separate the employee is not effective, without the 
consent of the employee, until the last day of the month in which the 
60-day notice expires.
    (c) A member of the Capitol Police who is otherwise eligible for 
immediate retirement under section 8336(m) shall be separated from the 
service on the last day of the month in which such member becomes 57 
years of age or completes 20 years of service if then over that age. The 
Capitol Police Board, when in its judgment the public interest so 
requires, may exempt such a member from automatic separation under this 
subsection until that member becomes 60 years of age. The Board shall 
notify the member in writing of the date of separation at least 60 days 
in advance thereof. Action to separate the member is not effective, 
without the consent of the member, until the last day of the month in 
which the 60-day notice expires.
    (d) A member of the Supreme Court Police who is otherwise eligible 
for immediate retirement under section 8336(n) shall be separated from 
the service on the last day of the month in which such member becomes 57 
years of age or completes 20 years of service if then over that age. The 
Marshal of the Supreme Court of the United States, when in his judgment 
the public interest so requires, may exempt such a member from automatic 
separation under this subsection until that member becomes 60 years of 
age. The Marshal shall notify the member in writing of the date of 
separation at least 60 days in advance thereof. Action to separate the 
member is not effective, without the consent of the member, until the 
last day of the month in which the 60-day notice expires.
    (f) \1\ The President, by Executive order, may exempt an employee 
(other than a member of the Capitol Police or the Supreme Court Police) 
from automatic separation under this section when he determines the 
public interest so requires.
---------------------------------------------------------------------------
    \1\ So in original. Probably should be ``(e)''.
---------------------------------------------------------------------------

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 571; Pub. L. 92-297, Sec. 4, 
May 16, 1972, 86 Stat. 144; Pub. L. 93-350, Sec. 4, July 12, 1974, 88 
Stat. 356; Pub. L. 95-256, Sec. 5(c), Apr. 6, 1978, 92 Stat. 191; Pub. 
L. 96-70, title III, Sec. 3302(e)(3), Sept. 27, 1979, 93 Stat. 498; Pub. 
L. 96-347, Sec. 1(b), Sept. 12, 1980, 94 Stat. 1150; Pub. L. 101-428, 
Sec. 2(b)(1)(A), (2), Oct. 15, 1990, 104 Stat. 928; Pub. L. 101-509, 
title V, Sec. 529 [title IV, Sec. 409(a)], Nov. 5, 1990, 104 Stat. 1427, 
1468; Pub. L. 102-378, Sec. 2(60), Oct. 2, 1992, 106 Stat. 1354; Pub. L. 
103-283, title III, Sec. 307(a), July 22, 1994, 108 Stat. 1441; Pub. L. 
105-261, div. C, title XXXI, Sec. 3154(d), Oct. 17, 1998, 112 Stat. 
2255; Pub. L. 106-553, Sec. 1(a)(2) [title III, Sec. 308(b)(2)], Dec. 
21, 2000, 114 Stat. 2762, 2762A-87; Pub. L. 106-554, Sec. 1(a)(4) [div. 
B, title I, Sec. 141(a)], Dec. 21, 2000, 114 Stat. 2763, 2763A-235.)

                      Historical and Revision Notes
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
                     5 U.S.C. 2255.                July 31, 1956, ch.
                                                    804, Sec.  401
                                                    ``Sec. 5'', 70 Stat.
                                                    748.
                                                   Feb. 7, 1964, Pub. L.
                                                    88-267, Sec.  1
                                                    (less (a)-(c)), 78
                                                    Stat. 9.
------------------------------------------------------------------------

    Standard changes are made to conform with the definitions applicable 
and style of this title as outlined in the preface to the report.

                       References in Text

    For definition of Secretary, referred to in subsec. (a), see section 
2109 of this title.


                               Amendments

    2000--Subsec. (c). Pub. L. 106-554 redesignated subsec. (d) as (c) 
and struck out former subsec. (c) which read as follows: ``An employee 
of the Alaska Railroad in Alaska and an employee who is a citizen of the 
United States employed on the Isthmus of Panama by the Panama Canal 
Commission, who becomes 62 years of age and completes 15 years of 
service in Alaska or on the Isthmus of Panama shall be automatically 
separated from the service. The separation is effective on the last day 
of the month in which the employee becomes age 62 or completes 15 years 
of service in Alaska or on the Isthmus of Panama if then over that age. 
The employing office shall notify the employee in writing of the date of 
separation at least 60 days in advance thereof. Action to separate the 
employee is not effective, without the consent of the employee, until 
the last day of the month in which the 60-day notice expires.''
    Subsec. (d). Pub. L. 106-554, Sec. 1(a)(4) [div. B, title I, 
Sec. 141(a)(2)], redesignated subsec. (e) as (d). Former subsec. (d) 
redesignated (c).
    Subsec. (e). Pub. L. 106-554, Sec. 1(a)(4) [div. B, title I, 
Sec. 141(a)(2)], redesignated subsec. (e) as (d).
    Pub. L. 106-553, Sec. 1(a)(2) [title III, Sec. 308(b)(2)(A)], added 
subsec. (e). Former subsec. (e) redesignated (f).
    Subsec. (f). Pub. L. 106-553 redesignated subsec. (e) as (f) and 
substituted ``Police or the Supreme Court Police)'' for ``Police)''.
    1998--Subsec. (b). Pub. L. 105-261, in second sentence, inserted 
``or nuclear materials courier'' after ``law enforcement officer'' and 
``or courier, as the case may be,'' after ``that officer''.
    1994--Subsec. (d). Pub. L. 103-283 substituted ``57'' for ``55'' in 
first sentence.
    1992--Subsec. (b). Pub. L. 102-378 amended first sentence generally. 
Prior to amendment, first sentence read as follows: ``A firefighter who 
is otherwise eligible for immediate retirement under section 8336(c) of 
this title shall be separated from the service on the last day of the 
month in which he becomes 55 years of age or completes 20 years of 
service if then over that age.''
    1990--Subsec. (b). Pub. L. 101-509, Sec. 529 [title IV, 
Sec. 409(a)(1)], which directed that ``law enforcement officer of a'' be 
struck out before ``firefighter who is'', was executed by striking out 
``law enforcement officer or a'' as the probable intent of Congress.
    Pub. L. 101-509, Sec. 529 [title IV, Sec. 409(a)(2)], inserted after 
first sentence ``A law enforcement officer who is otherwise eligible for 
immediate retirement under section 8336(c) shall be separated from the 
service on the last day of the month in which that officer becomes 57 
years of age or completes 20 years of service if then over that age.''
    Subsec. (d). Pub. L. 101-428, Sec. 2(b)(1)(A), added subsec. (d). 
Former subsec. (d) redesignated (e).
    Subsec. (e). Pub. L. 101-428, Sec. 2(b)(2), inserted ``(other than a 
member of the Capitol Police)'' after ``employee''.
    Pub. L. 101-428, Sec. 2(b)(1)(A), redesignated subsec. (d) as (e).
    1980--Subsec. (a). Pub. L. 96-347 substituted ``Secretary'' for 
``Secretary of Transportation'' in two places.
    1979--Subsec. (c). Pub. L. 96-70, which directed substitution of 
``Panama Canal Commission'' for ``Panama Canal Company or the Canal Zone 
Government'' in subsec. (e), was executed to subsec. (c) to reflect the 
probable intent of Congress and Pub. L. 95-256 which struck out subsec. 
(e) and restated provisions thereof in subsec. (c).
    1978--Subsec. (a). Pub. L. 95-256, Sec. 5(c)(1), (2), redesignated 
subsec. (f) as (a). Former subsec. (a), relating to mandatory separation 
when an employee became 70 years of age and completed 15 years of 
service, was struck out.
    Subsec. (b). Pub. L. 95-256, Sec. 5(c)(1), (2), redesignated subsec. 
(g) as (b). Former subsec. (b), relating to notice by employing office 
of date of separation, was struck out.
    Subsec. (c). Pub. L. 95-256, Sec. 5(c)(1), (3), added subsec. (c) 
relating to provisions covered by former subsec. (e). Former subsec. 
(c), relating to exemption of an employee from automatic separation by 
President, was struck out. See subsec. (d).
    Subsec. (d). Pub. L. 95-256, Sec. 5(c)(1), (3), added subsec. (d). 
Former subsec. (d), relating to inapplicability of automatic separation 
provisions of this section, was struck out.
    Subsec. (e). Pub. L. 95-256, Sec. 5(c)(1), struck out subsec. (e) 
which related to applicability of provisions to employees of Alaskan 
Railroad, Panama Canal Company, and Canal Zone Government. See subsec. 
(c).
    Subsecs. (f), (g). Pub. L. 95-256, Sec. 5(c)(2), redesignated 
subsecs. (f) and (g) as (a) and (b), respectively.
    1974--Subsec. (g). Pub. L. 93-350 added subsec. (g).
    1972--Subsec. (f). Pub. L. 92-297 added subsec. (f).


                    Effective Date of 2000 Amendment

    Amendment by Pub. L. 106-553 effective on the first day of the first 
applicable pay period that begins on Dec. 21, 2000, and applicable only 
to an individual who is employed as a member of the Supreme Court Police 
after Dec. 21, 2000, see section 1(a)(2) [title III, Sec. 308(i), (j)] 
of Pub. L. 106-553, set out in a Supreme Court Police Retirement note 
under section 8331 of this title.


                    Effective Date of 1998 Amendment

    Amendment by Pub. L. 105-261 effective 1 year after Oct. 17, 1998, 
and applicable only to an individual who is employed as a nuclear 
materials courier, as defined by section 8331(27) or 8401(33) of this 
title, after Oct. 17, 1998, see section 3154(m), (n) of Pub. L. 105-261, 
set out as a note under section 8331 of this title.


                    Effective Date of 1992 Amendment

    Amendment by section 2(60) of Pub. L. 102-378 effective Nov. 5, 
1990, see section 9(b)(6) of Pub. L. 102-378, set out as a note under 
section 6303 of this title.


                    Effective Date of 1990 Amendments

    Section 529 [title IV, Sec. 409(c)] of Pub. L. 101-509 provided 
that: ``For the purposes of this section [amending this section and 
section 8425 of this title], the effective date shall be the date of 
enactment of this Act [Nov. 5, 1990].''
    Section 2(b)(1)(B) of Pub. L. 101-428 provided that: ``The amendment 
made by subparagraph (A) [amending this section] shall take effect 2 
years after the date of enactment of this Act [Oct. 15, 1990].''


                    Effective Date of 1980 Amendment

    Amendment by Pub. L. 96-347 effective on 90th day after Sept. 12, 
1980, see section 3 of Pub. L. 96-347, set out as a note under section 
2109 of this title.


                    Effective Date of 1979 Amendment

    Amendment by Pub. L. 96-70 effective Oct. 1, 1979, see section 3304 
of Pub. L. 96-70, set out as an Effective Date note under section 3601 
of Title 22, Foreign Relations and Intercourse.


                    Effective Date of 1978 Amendment

    Amendment by Pub. L. 95-256 effective Sept. 30, 1978, see section 
5(f) of Pub. L. 95-256, set out as a note under section 633a of Title 
29, Labor.


                    Effective Date of 1974 Amendment

    Amendment by Pub. L. 93-350 effective Jan. 1, 1978, see section 7 of 
Pub. L. 93-350, set out as a note under section 3307 of this title.


                    Effective Date of 1972 Amendment

    Amendment by Pub. L. 92-297 effective on 90th day after May 16, 
1972, see section 10 of Pub. L. 92-297, set out as an Effective Date 
note under section 3381 of this title.


Nonapplicability of Subsection (a) to Air Traffic Controllers Appointed 
                         Before January 1, 1987

    Pub. L. 99-556, title V, Sec. 504, Oct. 27, 1986, 100 Stat. 3141, 
provided that:
    ``(a) In General.--Section 8335(a) of title 5, United States Code, 
shall not apply to any air traffic controller appointed before January 
1, 1987.
    ``(b) Definition.--For purposes of this section, the term `air 
traffic controller' means any individual who--
        ``(1) is an air traffic controller within the meaning of section 
    2109(1) of title 5, United States Code, as in effect on January 1, 
    1987; but
        ``(2) is not an air traffic controller within the meaning of 
    section 2109(1) of title 5, United States Code, as in effect on 
    December 31, 1986.''


Nonapplicability of Subsection (a) to Department of Defense Air Traffic 
             Controllers Appointed Before September 12, 1980

    Section 2 of Pub. L. 96-347 provided that: ``Section 8335(a) of 
title 5, United States Code shall not apply to an individual appointed 
as an air traffic controller in the Department of Defense before the 
date of the enactment of this Act [Sept. 12, 1980].''


Nonapplicability of Subsection (f) to Air Traffic Controllers Appointed 
                           Before May 16, 1972

    Section 8 of Pub. L. 92-297 provided that: ``Section 8335(f) of 
title 5, United States Code, as added by this Act, does not apply to a 
person appointed as an air traffic controller by the Department of 
Transportation before the date of enactment of this Act [May 16, 
1972].''

                  Section Referred to in Other Sections

    This section is referred to in section 8339 of this title; title 26 
section 7447.
