
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: 5USC8338]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                   Subpart G--Insurance and Annuities
 
                         CHAPTER 83--RETIREMENT
 
                SUBCHAPTER III--CIVIL SERVICE RETIREMENT
 
Sec. 8338. Deferred retirement

    (a) An employee who is separated from the service or transferred to 
a position in which he does not continue subject to this subchapter 
after completing 5 years of civilian service is entitled to an annuity 
beginning at the age of 62 years.
    (b) A Member who, after December 31, 1955, is separated from the 
service as a Member after completing 5 years of civilian service is 
entitled to an annuity beginning at the age of 62 years. A Member who is 
separated from the service after completing 10 or more years of Member 
service is entitled to an annuity beginning at the age of 60 years. A 
Member who is separated from the service after completing 20 or more 
years of service, including 10 or more years of Member service, is 
entitled to a reduced annuity beginning at the age of 50 years.
    (c) A judge of the United States Court of Appeals for the Armed 
Forces who is separated from the service after completing 5 years of 
civilian service is entitled to an annuity beginning at the age of 62 
years. A judge of such court who is separated from the service after 
completing the term of service for which he was appointed is entitled to 
an annuity. If an annuity is elected before the judge becomes 60 years 
of age, it shall be a reduced annuity.
    (d) An annuity or reduced annuity authorized by this section is 
computed under section 8339 of this title.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 574; Pub. L. 90-83, Sec. 1(77), 
Sept. 11, 1967, 81 Stat. 214; Pub. L. 98-94, title XII, Sec. 1256(d), 
Sept. 24, 1983, 97 Stat. 702; Pub. L. 103-337, div. A, title IX, 
Sec. 924(d)(1)(A), Oct. 5, 1994, 108 Stat. 2832.)

                      Historical and Revision Notes
                                1966 Act
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
                     5 U.S.C. 2258.                July 31, 1956, ch.
                                                    804, Sec.  401
                                                    ``Sec. 8'', 70 Stat.
                                                    751.
                                                   July 7, 1960, Pub. L.
                                                    86-604, Sec.  1(c),
                                                    74 Stat. 358.
                                                   July 12, 1960, Pub.
                                                    L. 86-622, Sec.
                                                    2(a), 74 Stat. 410.
------------------------------------------------------------------------

    In subsection (b), the words ``after December 31, 1955'' are 
substituted for ``on or after January 1, 1956''. The word ``hereafter'' 
is 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.

                            1967 Act

    This section amends 5 U.S.C. 8338(a) for consistency within the 
subchapter and to reflect that it is the individual, rather than the 
position, that is subject to the subchapter.


                               Amendments

    1994--Subsec. (c). Pub. L. 103-337 substituted ``Court of Appeals 
for the Armed Forces'' for ``Court of Military Appeals''.
    1983--Subsecs. (c), (d). Pub. L. 98-94 added subsec. (c), and 
redesignated former subsec. (c) as (d).


Savings Provisions Deferred Annuities Under Laws Repealed by Pub. L. 90-
                                   83

    Pub. L. 90-83, Sec. 10(a), Sept. 11, 1967, 81 Stat. 222, provided 
that: ``The right to a deferred annuity on satisfaction of the 
conditions attached thereto is continued notwithstanding the repeal by 
this Act of the law conferring the right.''

                  Section Referred to in Other Sections

    This section is referred to in sections 8339, 8341 of this title; 
title 22 section 4051.
