
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 107-107 Section 1048(i)(5)]
[CITE: 5USC8336]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                   Subpart G--Insurance and Annuities
 
                         CHAPTER 83--RETIREMENT
 
                SUBCHAPTER III--CIVIL SERVICE RETIREMENT
 
Sec. 8336. Immediate retirement

    (a) An employee who is separated from the service after becoming 55 
years of age and completing 30 years of service is entitled to an 
annuity.
    (b) An employee who is separated from the service after becoming 60 
years of age and completing 20 years of service is entitled to an 
annuity.
    (c)(1) An employee who is separated from the service after becoming 
50 years of age and completing 20 years of service as a law enforcement 
officer, firefighter, or nuclear materials courier, or any combination 
of such service totaling at least 20 years, is entitled to an annuity.
    (2) An employee is entitled to an annuity if the employee--
        (A) was a law enforcement officer or firefighter employed by the 
    Panama Canal Company or the Canal Zone Government at any time during 
    the period beginning March 31, 1979, and ending September 30, 1979; 
    and
        (B) is separated from the service before January 1, 2000, after 
    becoming 48 years of age and completing 18 years of service as a law 
    enforcement officer or firefighter, or any combination of such 
    service totaling at least 18 years.

    (d) An employee who--
        (1) is separated from the service involuntarily, except by 
    removal for cause on charges of misconduct or delinquency; or
        (2) except in the case of an employee who is separated from the 
    service under a program carried out under subsection (o),\1\ while 
    serving in a geographic area designated by the Office of Personnel 
    Management, is separated from the service voluntarily during a 
    period in which the Office determines that--
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    \1\ Probably means the subsec. (o) relating to Department of Defense 
employees.
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            (A) the agency in which the employee is serving is 
        undergoing a major reorganization, a major reduction in force, 
        or a major transfer of function; and
            (B) a significant percent of the employees serving in such 
        agency will be separated or subject to an immediate reduction in 
        the rate of basic pay (without regard to subchapter VI of 
        chapter 53 of this title or comparable provisions);

after completing 25 years of service or after becoming 50 years of age 
and completing 20 years of service is entitled to an annuity. For 
purposes of paragraph (1) of this subsection, separation for failure to 
accept a directed reassignment to a position outside the commuting area 
of the employee concerned or to accompany a position outside of such 
area pursuant to a transfer of function shall not be considered to be a 
removal for cause on charges of misconduct or delinquency. 
Notwithstanding the first sentence of this subsection, an employee 
described in paragraph (1) of this subsection is not entitled to an 
annuity under this subsection if the employee has declined a reasonable 
offer of another position in the employee's agency for which the 
employee is qualified, which is not lower than 2 grades (or pay levels) 
below the employee's grade (or pay level), and which is within the 
employee's commuting area.
    (e) An employee who is voluntarily or involuntarily separated from 
the service, except by removal for cause on charges of misconduct or 
delinquency, after completing 25 years of service as an air traffic 
controller or after becoming 50 years of age and completing 20 years of 
service as an air traffic controller, is entitled to an annuity.
    (f) An employee who is separated from the service after becoming 62 
years of age and completing 5 years of service is entitled to an 
annuity.
    (g) A Member who is separated from the service after becoming 62 
years of age and completing 5 years of civilian service or after 
becoming 60 years of age and completing 10 years of Member service is 
entitled to an annuity. A Member who is separated from the service after 
becoming 55 years of age (but before becoming 60 years of age) and 
completing 30 years of service is entitled to a reduced annuity. A 
Member who is separated from the service, except by resignation or 
expulsion, after completing 25 years of service or after becoming 50 
years of age and (1) completing 20 years of service or (2) serving in 9 
Congresses is entitled to an annuity.
    (h)(1) A member of the Senior Executive Service who is removed from 
the Senior Executive Service for failure to be recertified as a senior 
executive under section 3393a or for less than fully successful 
executive performance (as determined under subchapter II of chapter 43 
of this title) after completing 25 years of service or after becoming 50 
years of age and completing 20 years of service is entitled to an 
annuity.
    (2) A member of the Defense Intelligence Senior Executive Service or 
the Senior Cryptologic Executive Service who is removed from such 
service for failure to be recertified as a senior executive or for less 
than fully successful executive performance after completing 25 years of 
service or after becoming 50 years of age and completing 20 years of 
service is entitled to an annuity.
    (3) A member of the Federal Bureau of Investigation and Drug 
Enforcement Administration Senior Executive Service who is removed from 
such service for failure to be recertified as a senior executive or for 
less than fully successful executive performance after completing 25 
years of service or after becoming 50 years of age and completing 20 
years of service is entitled to an annuity.
    (i)(1) An employee of the Panama Canal Commission or of an Executive 
agency conducting operations in the Canal Zone or Republic of Panama who 
is separated from the service before January 1, 2000, who was employed 
by the Canal Zone Government or the Panama Canal Company at any time 
during the period beginning March 31, 1979, and ending September 30, 
1979, and who has had continuous Panama Canal service, without a break 
in service of more than 3 days, from that time until separation, is 
entitled to an annuity if the employee is separated--
        (A) involuntarily, after completing 20 years of service or after 
    becoming 48 years of age and completing 18 years of service, if the 
    separation is a result of the implementation of any provision of the 
    Panama Canal Treaty of 1977 and related agreements; or
        (B) voluntarily, after completing 23 years of service or after 
    becoming 48 years of age and completing 18 years of service.

    (2) An employee of the Panama Canal Commission or of an Executive 
agency conducting operations in the Canal Zone or Republic of Panama who 
is separated from the service before January 1, 2000, who was employed, 
at a permanent duty station in the Canal Zone, by any Executive agency 
other than the Canal Zone Government or the Panama Canal Company at any 
time during the period beginning March 31, 1979, and ending September 
30, 1979, and who has had continuous Panama Canal service, without a 
break in service of more than 3 days, from that time until separation, 
is entitled to an annuity if--
        (A) the employee is separated involuntarily, after completing 20 
    years of service or after becoming 48 years of age and completing 18 
    years of service; and
        (B) the separation is the result of the implementation of any 
    provision of the Panama Canal Treaty of 1977 and related agreements.

    (3) An employee of the Panama Canal Commission employed by that body 
after September 30, 1979, who is separated from the Panama Canal 
Commission before January 1, 2000, and who at the time of separation has 
a minimum of 11 years of continuous employment with the Commission 
(disregarding any break in service of 3 days or less) is entitled to an 
annuity if the employee is separated--
        (A) involuntarily, after completing 20 years of service or after 
    becoming 48 years of age and completing 18 years of service, if the 
    separation is a result of the implementation of any provision of the 
    Panama Canal Treaty of 1977 and related agreements; or
        (B) voluntarily, after completing 23 years of service or after 
    becoming 48 years of age and completing 18 years of service.

    (4) For the purpose of this subsection--
        (A) ``Panama Canal service'' means--
            (i) service as an employee of the Canal Zone Government, the 
        Panama Canal Company, or the Panama Canal Commission; or
            (ii) service at a permanent duty station in the Canal Zone 
        or Republic of Panama as an employee of an Executive agency 
        conducting operations in the Canal Zone or the Republic of 
        Panama; and

        (B) ``Executive agency'' includes the United States District 
    Court for the District of the Canal Zone and the Smithsonian 
    Institution.

    (j)(1) Except as provided in paragraph (3), an employee is entitled 
to an annuity if he--
        (A)(i) is separated from the service after completing 25 years 
    of service or after becoming 50 years of age and completing 20 years 
    of service, or
        (ii) is involuntarily separated, except by removal for cause on 
    charges of misconduct or delinquency, during the 2-year period 
    before the date on which he would meet the years of service and age 
    requirements under clause (i),
        (B) was employed in the Bureau of Indian Affairs, the Indian 
    Health Service, a tribal organization (to the extent provided in 
    paragraph (2)), or any combination thereof, continuously from 
    December 21, 1972, to the date of his separation, and
        (C) is not entitled to preference under the Indian preference 
    laws.

    (2) Employment in a tribal organization may be considered for 
purposes of paragraph (1)(B) of this subsection only if--
        (A) the employee was employed by the tribal organization after 
    January 4, 1975, and immediately before such employment he was an 
    employee of the Bureau of Indian Affairs or the Indian Health 
    Service, and
        (B) at the time of such employment such employee and the tribal 
    organization were eligible to elect, and elected, to have the 
    employee retain the coverage, rights, and benefits of this chapter 
    under section 105(e)(2) of the Indian Self-Determination Act (25 
    U.S.C. 450i(a)(2); \2\ 88 Stat. 2209).
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    \2\ See References in Text note below.

    (3)(A) The provisions of paragraph (1) of this subsection shall not 
apply with respect to any separation of any employee which occurs after 
the date 10 years after--
        (i) the date the employee first meets the years of service and 
    age requirements of paragraph (1)(A)(i), or
        (ii) the date of the enactment of this paragraph, if the 
    employee met those requirements before that date.

    (B) For purposes of applying this paragraph with respect to any 
employee of the Bureau of Indian Affairs in the Department of the 
Interior or of the Indian Health Service in the Department of Health, 
Education, and Welfare, the Secretary of the department involved may 
postpone the date otherwise applicable under subparagraph (A) if--
        (i) such employee consents to such postponement, and
        (ii) the Secretary finds that such postponement is necessary for 
    the continued effective operation of the agency.

The period of any postponement under this subparagraph shall not exceed 
12 months and the total period of all postponements with respect to any 
employee shall not exceed 5 years.
    (4) For the purpose of this subsection--
        (A) ``Bureau of Indian Affairs'' means (i) the Bureau of Indian 
    Affairs and (ii) all other organizational units in the Department of 
    the Interior directly and primarily related to providing services to 
    Indians and in which positions are filled in accordance with the 
    Indian preference laws.
        (B) ``Indian preference laws'' means section 12 of the Act of 
    June 18, 1934 (25 U.S.C. 472; 48 Stat. 986), or any other provision 
    of law granting a preference to Indians in promotions or other 
    Federal personnel actions.

    (k) A bankruptcy judge, United States magistrate judge, or Court of 
Federal Claims judge who is separated from service, except by removal, 
after becoming 62 years of age and completing 5 years of civilian 
service, or after becoming 60 years of age and completing 10 years of 
service as a bankruptcy judge, United States magistrate judge, or Court 
of Federal Claims judge, is entitled to an annuity.
    (l) A judge of the United States Court of Appeals for the Armed 
Forces who is separated from the service after becoming 62 years of age 
and completing 5 years of civilian service or after completing the term 
of service for which he was appointed as a judge of such court is 
entitled to an annuity. A judge who is separated from the service before 
becoming 60 years of age is entitled to a reduced annuity.
    (m) A member of the Capitol Police who is separated from the service 
after becoming 50 years of age and completing 20 years of service as a 
member of the Capitol Police or as a law enforcement officer, or any 
combination of such service totaling at least 20 years, is entitled to 
an annuity.
    (n) A member of the Supreme Court Police who is separated from the 
service after becoming 50 years of age and completing 20 years of 
service as a member of the Supreme Court Police or as a law enforcement 
officer, or any combination of such service totaling at least 20 years, 
is entitled to an annuity.
    (o) \3\ An annuity or reduced annuity authorized by this section is 
computed under section 8339 of this title.
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    \3\ So in original. Two subsecs. (o) have been enacted.
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    (o)(1) \3\ The Secretary of Defense may, during fiscal years 2002 
and 2003, carry out a program under which an employee of the Department 
of Defense may be separated from the service entitled to an immediate 
annuity under this subchapter if the employee--
        (A) has--
            (i) completed 25 years of service; or
            (ii) become 50 years of age and completed 20 years of 
        service; and

        (B) is eligible for the annuity under paragraph (2) or (3).

    (2)(A) For the purposes of paragraph (1), an employee referred to in 
that paragraph is eligible for an immediate annuity under this paragraph 
if the employee--
        (i) is separated from the service involuntarily other than for 
    cause; and
        (ii) has not declined a reasonable offer of another position in 
    the Department of Defense for which the employee is qualified, which 
    is not lower than 2 grades (or pay levels) below the employee's 
    grade (or pay level), and which is within the employee's commuting 
    area.

    (B) For the purposes of paragraph (2)(A)(i), a separation for 
failure to accept a directed reassignment to a position outside the 
commuting area of the employee concerned or to accompany a position 
outside of such area pursuant to a transfer of function may not be 
considered to be a removal for cause.
    (3) For the purposes of paragraph (1), an employee referred to in 
that paragraph is eligible for an immediate annuity under this paragraph 
if the employee satisfies all of the following conditions:
        (A) The employee is separated from the service voluntarily 
    during a period in which the organization within the Department of 
    Defense in which the employee is serving is undergoing a major 
    organizational adjustment.
        (B) The employee has been employed continuously by the 
    Department of Defense for more than 30 days before the date on which 
    the head of the employee's organization requests the determinations 
    required under subparagraph (A).
        (C) The employee is serving under an appointment that is not 
    limited by time.
        (D) The employee is not in receipt of a decision notice of 
    involuntary separation for misconduct or unacceptable performance.
        (E) The employee is within the scope of an offer of voluntary 
    early retirement, as defined on the basis of one or more of the 
    following objective criteria:
            (i) One or more organizational units.
            (ii) One or more occupational groups, series, or levels.
            (iii) One or more geographical locations.
            (iv) Any other similar objective and nonpersonal criteria 
        that the Office of Personnel Management determines appropriate.

    (4) Under regulations prescribed by the Office of Personnel 
Management, the determinations of whether an employee meets--
        (A) the requirements of subparagraph (A) of paragraph (3) shall 
    be made by the Office, upon the request of the Secretary of Defense; 
    and
        (B) the requirements of subparagraph (E) of such paragraph shall 
    be made by the Secretary of Defense.

    (5) A determination of which employees are within the scope of an 
offer of early retirement shall be made only on the basis of consistent 
and well-documented application of the relevant criteria.
    (6) In this subsection, the term ``major organizational adjustment'' 
means any of the following:
        (A) A major reorganization.
        (B) A major reduction in force.
        (C) A major transfer of function.
        (D) A workforce restructuring--
            (i) to meet mission needs;
            (ii) to achieve one or more reductions in strength;
            (iii) to correct skill imbalances; or
            (iv) to reduce the number of high-grade, managerial, 
        supervisory, or similar positions.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 571; Pub. L. 90-83, Sec. 1(75), 
Sept. 11, 1967, 81 Stat. 214; Pub. L. 92-297, Sec. 5, May 16, 1972, 86 
Stat. 144; Pub. L. 92-382, Aug. 14, 1972, 86 Stat. 539; Pub. L. 93-39, 
June 12, 1973, 87 Stat. 73; Pub. L. 93-350, Sec. 5, July 12, 1974, 88 
Stat. 356; Pub. L. 94-183, Sec. 2(40), (41), Dec. 31, 1975, 89 Stat. 
1059; Pub. L. 95-454, title III, Sec. 306, title IV, Sec. 412(a), Oct. 
13, 1978, 92 Stat. 1147, 1175; Pub. L. 96-70, title I, Sec. 1241(a), 
Sept. 27, 1979, 93 Stat. 471; Pub. L. 96-135, Sec. 1(a), Dec. 5, 1979, 
93 Stat. 1056; Pub. L. 97-89, title VIII, Sec. 803, Dec. 4, 1981, 95 
Stat. 1161; Pub. L. 97-253, title III, Sec. 308(a), Sept. 8, 1982, 96 
Stat. 798; Pub. L. 98-94, title XII, Sec. 1256(b), Sept. 24, 1983, 97 
Stat. 701; Pub. L. 98-353, title I, Sec. 116(c), July 10, 1984, 98 Stat. 
344; Pub. L. 98-531, Sec. 2(b), Oct. 19, 1984, 98 Stat. 2704; Pub. L. 
98-615, title III, Sec. 304(d), Nov. 8, 1984, 98 Stat. 3219; Pub. L. 99-
190, Sec. 101(d) [title III, Sec. 315], Dec. 19, 1985, 99 Stat. 1224, 
1266; Pub. L. 100-53, Sec. 2(c), June 18, 1987, 101 Stat. 368; Pub. L. 
100-325, Sec. 2(l), May 30, 1988, 102 Stat. 582; Pub. L. 101-194, title 
V, Sec. 506(b)(7), Nov. 30, 1989, 103 Stat. 1758; Pub. L. 101-428, 
Sec. 2(a), Oct. 15, 1990, 104 Stat. 928; Pub. L. 101-510, div. C, title 
XXXV, Sec. 3506(a), Nov. 5, 1990, 104 Stat. 1846; Pub. L. 101-650, title 
III, Secs. 306(c)(3), 321, Dec. 1, 1990, 104 Stat. 5110, 5117; Pub. L. 
102-572, title IX, Sec. 902(b)(2), Oct. 29, 1992, 106 Stat. 4516; Pub. 
L. 103-337, div. A, title IX, Sec. 924(d)(1)(A), Oct. 5, 1994, 108 Stat. 
2832; Pub. L. 105-261, div. A, title XI, Sec. 1109(a), div. C, title 
XXXI, Sec. 3154(e), Oct. 17, 1998, 112 Stat. 2143, 2255; Pub. L. 106-58, 
title VI, Sec. 651(b), Sept. 29, 1999, 113 Stat. 480; Pub. L. 106-398, 
Sec. 1 [[div. A], title XI, Sec. 1152(a)], Oct. 30, 2000, 114 Stat. 
1654, 1654A-320; Pub. L. 106-553, Sec. 1(a)(2) [title III, 
Sec. 308(b)(3)], Dec. 21, 2000, 114 Stat. 2762, 2762A-87.)

                    Application of Subsection (d)(2)

        Pub. L. 105-174, title III, Sec. 7001(a), May 1, 1998, 112 Stat. 
    91, as amended by Pub. L. 106-58, title VI, Sec. 651(a), Sept. 29, 
    1999, 113 Stat. 480, provided that, effective May 1, 1998, 
    subsection (d)(2) of this section shall be applied as if it had been 
    amended to read as follows:

    (2)(A) has been employed continuously, by the agency in which the 
employee is serving, for at least the 31-day period ending on the date 
on which such agency requests the determination referred to in 
subparagraph (D);
    (B) is serving under an appointment that is not time limited;
    (C) has not been duly notified that such employee is to be 
involuntarily separated for misconduct or unacceptable performance;
    (D) is separated from the service voluntarily during a period in 
which, as determined by the Office of Personnel Management (upon request 
of the agency) under regulations prescribed by the Office--

         (i) such agency (or, if applicable, the component in which the 
     employee is serving) is undergoing a major reorganization, a major 
          reduction in force, or a major transfer of function; and

         (ii) a significant percentage of the employees serving in such 
     agency (or component) will be separated or subject to an immediate 
    reduction in the rate of basic pay (without regard to subchapter VI 
                of chapter 53, or comparable provisions); and

    (E) as determined by the agency under regulations prescribed by the 
Office, is within the scope of the offer of voluntary early retirement, 
which may be made on the basis of--

                      (i) one or more organizational units;

                 (ii) one or more occupational series or levels;

                    (iii) one or more geographical locations;

          (iv) other similar nonpersonal factors the Office determines 
                               appropriate; or

                (v) any appropriate combination of such factors;

                      Historical and Revision Notes
                                1966 Act
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
                     5 U.S.C. 2256 (less last      July 31, 1956, ch.
                      sentence in (f)).             804, Sec.  401
                                                    ``Sec. 6 (less last
                                                    sentence in (f))'',
                                                    70 Stat. 749.
                     ............................  July 7, 1960, Pub. L.
                                                    86-604, Sec.  1(b),
                                                    74 Stat. 358.
                     ............................  July 12, 1960, Pub.
                                                    L. 86-622, Sec.
                                                    3(b), 74 Stat. 410.
------------------------------------------------------------------------

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

                                1967 Act
------------------------------------------------------------------------
                                                    Source (Statutes at
 Section of title 5       Source (U.S. Code)               Large)
------------------------------------------------------------------------
8336(a)............  5 App.: 2256(a).              July 18, 1966, Pub.
8336(b)............  5 App.: 2256(b).               L. 89-504, Sec.
                                                    504, 80 Stat. 301.
------------------------------------------------------------------------

    In subsections (a) and (b), the words ``is entitled to'' are 
substituted for ``shall * * * be paid''. The words ``computed as 
provided in section 9'' are omitted as unnecessary in view of 5 U.S.C. 
8339.

                       References in Text

    Section 105(e)(2) of the Indian Self-Determination Act (25 U.S.C. 
450i(a)(2); 88 Stat. 2209), referred to in subsec. (j)(2)(B), was 
renumbered section 104(e)(2) of that Act by Pub. L. 100-472, title II, 
Sec. 203(a), Oct. 5, 1988, 102 Stat. 2290, without corresponding 
amendment to this section. Section 104(e)(2) of the Indian Self-
Determination Act is classified to section 450i(e)(2) of Title 25, 
Indians. Section 105 of that Act is classified to section 450j of Title 
25.
    The date of the enactment of this paragraph, referred to in subsec. 
(j)(3)(A)(ii), is Dec. 5, 1979, the date of the enactment of Pub. L. 96-
135, which was approved Dec. 5, 1979.


                               Amendments

    2000--Subsec. (d)(2). Pub. L. 106-398, Sec. 1 [[div. A], title XI, 
Sec. 1152(a)(1)], inserted ``except in the case of an employee who is 
separated from the service under a program carried out under subsection 
(o),'' before ``while serving'' in introductory provisions.
    Subsec. (n). Pub. L. 106-553 added subsec. (n). Former subsec. (n), 
relating to computation of annuity under section 8339 of this title, 
redesignated (o).
    Subsec. (o). Pub. L. 106-553 redesignated subsec. (n), relating to 
computation of annuity under section 8339 of this title, as (o).
    Pub. L. 106-398, Sec. 1 [[div. A], title XI, Sec. 1152(a)(2)], added 
subsec. (o) relating to Department of Defense employees.
    1999--Subsecs. (d)(2), (o). Pub. L. 106-58 repealed Pub. L. 105-261, 
Sec. 1109(a). See 1998 Amendment notes below.
    1998--Subsec. (c)(1). Pub. L. 105-261, Sec. 3154(e), substituted ``, 
firefighter, or nuclear materials courier'' for ``or firefighter''.
    Subsec. (d)(2). Pub. L. 105-261, Sec. 1109(a)(1), which directed 
insertion of ``except in the case of an employee described in subsection 
(o)(1),'' after ``(2)'', was repealed by Pub. L. 106-58.
    Subsec. (o). Pub. L. 105-261, Sec. 1109(a)(2), which directed 
addition of subsec. (o), relating to authority of Department of Defense 
to offer employees voluntary early retirement, was repealed by Pub. L. 
106-58.
    1994--Subsec. (l). Pub. L. 103-337 substituted ``Court of Appeals 
for the Armed Forces'' for ``Court of Military Appeals''.
    1992--Subsec. (k). Pub. L. 102-572 substituted ``Court of Federal 
Claims'' for ``Claims Court'' in two places.
    1990--Subsec. (i)(3), (4). Pub. L. 101-510 added par. (3) and 
redesignated former par. (3) as (4).
    Subsec. (k). Pub. L. 101-650 amended subsec. (k) generally. Prior to 
amendment, subsec. (k) read as follows: ``A bankruptcy judge or United 
States magistrate who is separated from service, except by removal, 
after becoming 62 years of age and completing 5 years of civilian 
service, or after becoming 60 years of age and completing 10 years of 
service as a bankruptcy judge or United States magistrate, is entitled 
to an annuity.''
    Subsecs. (m), (n). Pub. L. 101-428 added subsec. (m) and 
redesignated former subsec. (m) as (n).
    1989--Subsec. (h)(1). Pub. L. 101-194, Sec. 506(b)(7)(A), 
substituted ``for failure to be recertified as a senior executive under 
section 3393a or for'' for ``for''.
    Subsec. (h)(2), (3). Pub. L. 101-194, Sec. 506(b)(7)(B), (C), 
substituted ``for failure to be recertified as a senior executive or 
for'' for ``for''.
    1988--Subsec. (h)(3). Pub. L. 100-325 added par. (3).
    1987--Subsec. (k). Pub. L. 100-53 amended subsec. (k) generally. 
Prior to amendment, subsec. (k) read as follows: ``A bankruptcy judge 
who is separated from service, except by removal, after becoming sixty-
two years of age and completing ten years of service as a bankruptcy 
judge is entitled to an annuity.''
    1985--Subsec. (j)(3)(A). Pub. L. 99-190 substituted ``10 years'' for 
``5 years''.
    1984--Subsec. (d). Pub. L. 98-615 inserted provision that for 
purposes of par. (1), separation for failure to accept a directed 
reassignment to a position outside the commuting area of the employee 
concerned or to accompany a position outside of such area pursuant to a 
transfer of function shall not be considered to be a removal for cause 
on charges of misconduct or delinquency.
    Subsec. (k). Pub. L. 98-353, Sec. 116(c), added subsec. (k). Former 
subsec. (k) redesignated (l).
    Subsec. (l). Pub. L. 98-531 redesignated the subsec. (l), which was 
redesignated by Pub. L. 98-94, as (m).
    Pub. L. 98-353, Sec. 116(c)(1), redesignated subsec. (k) as (l).
    Subsec. (m). Pub. L. 98-531 redesignated the subsec. (l), which was 
redesignated by Pub. L. 98-94, as (m).
    1983--Subsecs. (k), (l). Pub. L. 98-94 added subsec. (k) and 
redesignated former subsec. (k) as (l).
    1982--Subsec. (d). Pub. L. 97-253, Sec. 308(a), inserted provision 
that the agency which is undergoing a major reorganization, a major 
reduction in force, or a major transfer of function must have a 
significant percent of its employees who will be separated or subject to 
an immediate reduction in the rate of basic pay and inserted provision 
that notwithstanding the first sentence of this subsection, an employee 
described in paragraph (1) of this subsection is not entitled to an 
annuity under this subsection if the employee has declined a reasonable 
offer of another position in the employee's agency for which the 
employee is qualified, which is not lower than 2 grades (or pay levels) 
below the employee's grade (or pay level), and which is within the 
employee's commuting area.
    1981--Subsec. (h). Pub. L. 97-89 designated existing provisions as 
par. (1) and added par. (2).
    1979--Subsec. (c). Pub. L. 96-70 Sec. 1241(a)(1), designated 
existing provisions as par. (1) and added par. (2).
    Subsec. (i). Pub. L. 96-70, Sec. 1241(a)(2), added subsec. (i). 
Former subsec. (i) redesignated (j).
    Subsec. (j). Pub. L. 96-135 added subsec. (j). Former subsec. (j) 
redesignated (k).
     Pub. L. 96-70, Sec. 1241(a)(2), redesignated former subsec. (i) as 
(j).
    Subsec. (k). Pub. L. 96-135 redesignated former subsec. (j) as (k).
    1978--Subsec. (d)(2). Pub. L. 95-454, Sec. 306, substituted 
provisions relating to the employee's agency undergoing a major 
reorganization, reduction in force, or transfer of function, as 
determined by the Office of Personnel Management, for provisions 
relating to the employee's agency undergoing a major reduction in force, 
as determined by the Commission.
    Subsecs. (h), (i). Pub. L. 95-454, Sec. 412(a), added subsec. (h) 
and redesignated former subsec. (h) as (i).
    1975--Subsecs. (d), (g). Pub. L. 94-183 substituted ``an'' for ``a 
reduced'' after ``is entitled to''.
    1974--Subsec. (c). Pub. L. 93-350 substituted provisions granting 
annuity entitlement to employees separated from the service after 
becoming 50 years of age and completing 20 years of service as a law 
enforcement officer or firefighter or any combination of such service 
totaling at least 20 years for provisions requiring the head of the 
employing agency to recommend, and the Civil Service Commission to 
approve, the retirement of an otherwise eligible employee requiring the 
agency and the Commission to consider the degree of hazard the employee 
was subjected to in the performance of his duties, and defining 
``detention'' to include the duties of specified employees.
    1973--Subsec. (d). Pub. L. 93-39 reenacted existing provisions, 
designated part of such provisions as item (1) and added item (2).
    1972--Subsec. (c). Pub. L. 92-382 inserted reference to employees 
performing work directly connected with the control and extinguishment 
of fires or the maintenance and use of firefighting apparatus and 
equipment for the purpose of retirement benefits.
    Subsecs. (e) to (h). Pub. L. 92-297 added subsec. (e) and 
redesignated former subsecs. (e) to (g) as (f) to (h), respectively.

                         Change of Name

    ``United States magistrate judge'' substituted for ``United States 
magistrate'' wherever appearing in subsec. (k) pursuant to section 321 
of Pub. L. 101-650, set out as a note under section 631 of Title 28, 
Judiciary and Judicial Procedure.
    Secretary and Department of Health, Education, and Welfare 
redesignated Secretary and Department of Health and Human Services by 
section 3508 of Title 20, Education.


                    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

    Pub. L. 105-261, div. A, title XI, Sec. 1109(d), Oct. 17, 1998, 112 
Stat. 2145, as amended by Pub. L. 106-65, div. A, title XI, Sec. 1101, 
Oct. 5, 1999, 113 Stat. 775, which provided that the amendments made by 
section 1109 of Pub. L. 105-261 (amending this section and sections 
8339, 8414, and 8464 of this title) were to be effective Oct. 1, 2000, 
and applicable with respect to an approval for voluntary early 
retirement made on or after that date, was repealed by Pub. L. 106-58, 
title VI, Sec. 651(b), Sept. 29, 1999, 113 Stat. 480.
    Amendment by section 3154(e) of Pub. L. 105-261 effective at the 
beginning of the first pay period that begins 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 Pub. L. 102-572 effective Oct. 29, 1992, see section 
911 of Pub. L. 102-572, set out as a note under section 171 of Title 28, 
Judiciary and Judicial Procedure.


                    Effective Date of 1990 Amendment

    Amendment by Pub. L. 101-650 applicable to judges of, and senior 
judges in active service with, the United States Court of Federal Claims 
on or after Dec. 1, 1990, see section 306(f) of Pub. L. 101-650, set out 
as a note under section 8331 of this title.


                    Effective Date of 1989 Amendment

    Amendment by Pub. L. 101-194 effective Jan. 1, 1991, see section 
506(d) of Pub. L. 101-194, set out as a note under section 3151 of this 
title.


                    Effective Date of 1987 Amendment

    Amendment by Pub. L. 100-53 effective Oct. 1, 1987, and applicable 
to bankruptcy judges and United States magistrate judges in office on 
that date and to individuals subsequently appointed to such positions to 
whom this chapter otherwise applies, see section 3 of Pub. L. 100-53, as 
amended, set out as a note under section 8331 of this title.


                    Effective Date of 1984 Amendments

    Amendment by Pub. L. 98-615 effective Nov. 8, 1984, see section 307 
of Pub. L. 98-615, set out as a note under section 3393 of this title.
    Amendment by Pub. L. 98-531 effective Mar. 31, 1984, see section 
3(b) of Pub. L. 98-531, set out as a note under section 8331 of this 
title.
    Amendment by Pub. L. 98-353 effective July 10, 1984, and applicable 
to bankruptcy judges who retire on or after such date, see section 
116(e) of Pub. L. 98-353, set out as a note under section 8331 of this 
title. See, also, section 122(a) of Pub. L. 98-353, set out as an 
Effective Date note under section 151 of Title 28, Judiciary and 
Judicial Procedure.


                    Effective Date of 1982 Amendment

    Section 308(b) of Pub. L. 97-253 provided that: ``The amendment made 
by subsection (a) [amending this section] shall take effect October 1, 
1982.''


                    Effective Date of 1981 Amendment

    Amendment by Pub. L. 97-89 effective Oct. 1, 1981, see section 806 
of Pub. L. 97-89, set out as an Effective Date note under section 1621 
of Title 10, Armed Forces.


                    Effective Date of 1979 Amendments

    Section 1(d) of Pub. L. 96-135 provided that: ``The amendments made 
by this section [amending this section and section 8339 of this title] 
shall take effect on the date of the enactment of this Act [Dec. 5, 
1979].''
    Section 1241(b)(1) of Pub. L. 96-70 provided that: ``The amendments 
made by this section [amending this section] shall take effect on the 
date of the enactment of this Act [Sept. 27, 1979], but no amount of 
annuity under chapter 83 of title 5, United States Code, accruing by 
reason of those amendments shall be payable for any period before 
October 1, 1979.''


                    Effective Date of 1978 Amendment

    Amendment by section 306 of Pub. L. 95-454 effective 90 days after 
Oct. 13, 1978, see section 907 of Pub. L. 95-454, set out as a note 
under section 1101 of this title.
    Amendment by section 412 of Pub. L. 95-454 effective 9 months after 
Oct. 13, 1978, and congressional review of provisions of sections 401 
through 412 of Pub. L. 95-454, see section 415 of Pub. L. 95-454, set 
out as an Effective Date note under section 3131 of this title.


                    Effective Date of 1974 Amendment

    Amendment by Pub. L. 93-350 effective July 12, 1974, 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.

  Termination of United States District Court for the District of the 
                               Canal Zone

    For termination of the United States District Court for the District 
of the Canal Zone at end of the ``transition period'', being the 30-
month period beginning Oct. 1, 1979, and ending midnight Mar. 31, 1982, 
see Paragraph 5 of Article XI of the Panama Canal Treaty of 1977 and 
sections 2101 and 2201 to 2203(a) of Pub. L. 96-70, title II, Sept. 27, 
1979, 93 Stat. 493, formerly classified to sections 3831 and 3841 to 
3843, respectively, of Title 22, Foreign Relations and Intercourse.


          General Accounting Office: Voluntary Early Retirement

    Pub. L. 106-303, Sec. 1, Oct. 13, 2000, 114 Stat. 1063, provided 
that:
    ``(a) Civil Service Retirement System.--Effective for purposes of 
the period beginning on the date of the enactment of this Act [Oct. 13, 
2000] and ending on December 31, 2003, paragraph (2) of section 8336(d) 
of title 5, United States Code, shall, with respect to officers and 
employees of the General Accounting Office, be applied as if it had been 
amended to read as follows:
        ``(2)(A) has been employed continuously by the General 
    Accounting Office for at least the 31-day period immediately 
    preceding the start of the period referred to in subparagraph (D);
        ``(B) is serving under an appointment that is not time limited;
        ``(C) has not received a notice of involuntary separation, for 
    misconduct or unacceptable performance, with respect to which final 
    action remains pending; and
        ``(D) is separated from the service voluntarily during a period 
    with respect to which the Comptroller General determines that the 
    application of this subsection is necessary and appropriate for the 
    purpose of--
            ``(i) realigning the General Accounting Office's workforce 
        in order to meet budgetary constraints or mission needs;
            ``(ii) correcting skill imbalances; or
            ``(iii) reducing high-grade, managerial, or supervisory 
        positions;
    ``(b) Federal Employees' Retirement System.--Effective for purposes 
of the period beginning on the date of the enactment of this Act [Oct. 
13, 2000] and ending on December 31, 2003, subparagraph (B) of section 
8414(b)(1) of title 5, United States Code, shall, with respect to 
officers and employees of the General Accounting Office, be applied as 
if it had been amended to read as follows:
        ``(B)(i) has been employed continuously by the General 
    Accounting Office for at least the 31-day period immediately 
    preceding the start of the period referred to in clause (iv);
        ``(ii) is serving under an appointment that is not time limited;
        ``(iii) has not received a notice of involuntary separation, for 
    misconduct or unacceptable performance, with respect to which final 
    action remains pending; and
        ``(iv) is separated from the service voluntarily during a period 
    with respect to which the Comptroller General determines that the 
    application of this subsection is necessary and appropriate for the 
    purpose of--
            ``(I) realigning the General Accounting Office's workforce 
        in order to meet budgetary constraints or mission needs;
            ``(II) correcting skill imbalances; or
            ``(III) reducing high-grade, managerial, or supervisory 
        positions;
    ``(c) Numerical Limitation.--Not to exceed 10 percent of the General 
Accounting Office's workforce (as of the start of a fiscal year) shall 
be permitted to take voluntary early retirement in such fiscal year 
pursuant to this section.
    ``(d) Regulations.--The Comptroller General shall prescribe any 
regulations necessary to carry out this section, including regulations 
under which an early retirement offer may be made to any employee or 
group of employees based on--
        ``(1) geographic area, organizational unit, or occupational 
    series or level;
        ``(2) skills, knowledge, or performance; or
        ``(3) such other similar factors (or combination of factors 
    described in this or any other paragraph of this subsection) as the 
    Comptroller General considers necessary and appropriate in order to 
    achieve the purpose involved.''


Indian Preference Laws Applicable to Bureau of Indian Affairs and Indian 
                        Health Service Positions

    Nonapplicability of annuity provisions of subsec. (j) of this 
section to individuals accepting waiver of Indian preference laws with 
respect to personnel actions, see section 472a(c)(2) of Title 25, 
Indians.


Individuals Entitled to Annuity Payments for Period Prior to October 1, 
                                  1979

    Section 1241(b)(2) of Pub. L. 96-70 provided that: ``Effective 
October 1, 1979, any individual who, but for paragraph (1) of this 
subsection [set out as an Effective Date of 1979 Amendment note above], 
would have been entitled to one or more annuity payments pursuant to the 
amendments made by this section [amending this section] for periods 
before October 1, 1979, shall be entitled, to such extent or in such 
amounts as are provided in advance in appropriation Acts, to a lump sum 
payment equal to the total amount of all such annuity payments.''

                  Section Referred to in Other Sections

    This section is referred to in sections 3381, 3382, 3396, 5597, 
6302, 8335, 8339, 8348 of this title; title 10 section 10218; title 22 
sections 3671, 3691, 4045, 4046, 4051, 4052; title 24 section 225d; 
title 25 section 472a; title 45 section 1206; title 50 sections 2053, 
2442.
