
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 1132(a)(3)]
[CITE: 5USC8339]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                   Subpart G--Insurance and Annuities
 
                         CHAPTER 83--RETIREMENT
 
                SUBCHAPTER III--CIVIL SERVICE RETIREMENT
 
Sec. 8339. Computation of annuity

    (a) Except as otherwise provided by this section, the annuity of an 
employee retiring under this subchapter is--
        (1) 1\1/2\ percent of his average pay multiplied by so much of 
    his total service as does not exceed 5 years; plus
        (2) 1\3/4\ percent of his average pay multiplied by so much of 
    his total service as exceeds 5 years but does not exceed 10 years; 
    plus
        (3) 2 percent of his average pay multiplied by so much of his 
    total service as exceeds 10 years.

However, when it results in a larger annuity, 1 percent of his average 
pay plus $25 is substituted for the percentage specified by paragraph 
(1), (2), or (3) of this subsection, or any combination thereof.
    (b) The annuity of a Congressional employee, or former Congressional 
employee, retiring under this subchapter is computed under subsection 
(a) of this section, except, if he has had--
        (1) at least 5 years' service as a Congressional employee or 
    Member or any combination thereof; and
        (2) deductions withheld from his pay or has made deposit 
    covering his last 5 years of civilian service;

his annuity is computed with respect to his service as a Congressional 
employee, his military service not exceeding 5 years, and any Member 
service, by multiplying 2\1/2\ percent of his average pay by the years 
of that service.
    (c) The annuity of a Member, or former Member with title to Member 
annuity, retiring under this subchapter is computed under subsection (a) 
of this section, except, if he has had at least 5 years' service as a 
Member or Congressional employee or any combination thereof, his annuity 
is computed with respect to--
        (1) his service as a Member and so much of his military service 
    as is creditable for the purpose of this paragraph; and
        (2) his Congressional employee service;

by multiplying 2\1/2\ percent of his average pay by the years of that 
service.
    (d)(1) The annuity of an employee retiring under section 8335(b) or 
8336(c) of this title is--
        (A) 2\1/2\ percent of his average pay multiplied by so much of 
    his total service as does not exceed 20 years; plus
        (B) 2 percent of his average pay multiplied by so much of his 
    total service as exceeds 20 years.

    (2) The annuity of an employee retiring under this subchapter who 
was employed by the Panama Canal Company or Canal Zone Government on 
September 30, 1979, is computed with respect to the period of continuous 
Panama Canal service from that date, disregarding any break in service 
of not more than 3 days, by adding--
        (A) 2\1/2\ percent of the employee's average pay multiplied by 
    so much of that service as does not exceed 20 years; plus
        (B) 2 percent of the employee's average pay multiplied by so 
    much of that service as exceeds 20 years.

    (3) The annuity of an employee retiring under this subchapter who is 
employed by the Panama Canal Commission at any time during the period 
beginning October 1, 1990, and ending December 31, 1999, is computed, 
with respect to any period of service with the Panama Canal Commission, 
by adding--
        (A) 2\1/2\ percent of the employee's average pay multiplied by 
    so much of that service as does not exceed 20 years; plus
        (B) 2 percent of the employee's average pay multiplied by so 
    much of that service as exceeds 20 years.

    (4)(A) In the case of an employee who has service as a law 
enforcement officer or firefighter to which paragraph (2) of this 
subsection applies, the annuity of that employee is increased by $8 for 
each full month of that service which is performed in the Republic of 
Panama.
    (B) In the case of an employee retiring under this subchapter who--
        (i) was employed as a law enforcement officer or firefighter by 
    the Panama Canal Company or Canal Zone Government at any time during 
    the period beginning March 31, 1979, and ending September 30, 1979; 
    and
        (ii) does not meet the age and service requirements of section 
    8336(c) of this title;

the annuity of that employee is increased by $12 for each full month of 
that service which occurred before October 1, 1979.
    (C) An annuity increase under this paragraph does not apply with 
respect to service performed after completion of 20 years of service (or 
any combination of service) as a law enforcement officer or firefighter.
    (5) For the purpose of this subsection--
        (A) ``Panama Canal service'' means--
            (i) service as an employee of 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 Republic of Panama; 
        and

        (B) ``Executive agency'' includes the Smithsonian Institution.

    (6) The annuity of an employee retiring under section 8336(j) of 
this title is computed under subsection (a) of this section, except that 
with respect to service on or after December 21, 1972, the employee's 
annuity is--
        (A) 2\1/2\ percent of the employee's average pay multiplied by 
    so much of the employee's service on or after that date as does not 
    exceed 20 years; plus
        (B) 2 percent of the employee's average pay multiplied by so 
    much of the employee's service on or after that date as exceeds 20 
    years.

    (7) The annuity of an employee who is a judge of the United States 
Court of Appeals for the Armed Forces, or a former judge of such court, 
retiring under this subchapter is computed under subsection (a) of this 
section, except, with respect to his service as a judge of such court, 
his service as a Member, his congressional employee service, and his 
military service (not exceeding 5 years) creditable under section 8332 
of this title, his annuity is computed by multiplying 2\1/2\ percent of 
his average pay by the years of that service.
    (e) The annuity of an employee retiring under section 8336(e) of 
this title is computed under subsection (a) of this section. That 
annuity may not be less than 50 percent of the average pay of the 
employee unless such employee has received, pursuant to section 8342 of 
this title, payment of the lump-sum credit attributable to deductions 
under section 8334(a) of this title during any period of employment as 
an air traffic controller and such employee has not deposited in the 
Fund the amount received, with interest, pursuant to section 8334(d)(1) 
of this title.
    (f) The annuity computed under subsections (a) through (e), (n), 
(q), (r), and (s) may not exceed 80 percent of--
        (1) the average pay of the employee; or
        (2) the greatest of--
            (A) the final basic pay of the Member;
            (B) the average pay of the Member; or
            (C) the final basic pay of the appointive position of a 
        former Member who elects to have his annuity computed or 
        recomputed under section 8344(d)(1) of this title.

    (g) The annuity of an employee or Member retiring under section 8337 
of this title is at least the smaller of--
        (1) 40 percent of his average pay; or
        (2) the sum obtained under subsections (a) through (c), (n), 
    (q), (r), or (s) after increasing his service of the type last 
    performed by the period elapsing between the date of separation and 
    the date he becomes 60 years of age.

However, if an employee or Member retiring under section 8337 of this 
title is receiving retired pay or retainer pay for military service 
(except that specified in section 8332(c)(1) or (2) of this title) or 
pension or compensation from the Department of Veterans Affairs in lieu 
of such retired or retainer pay, the annuity of that employee or Member 
shall be computed under subsection (a), (b), (c), (n), (q), (r), or (s), 
as appropriate, excluding credit for military service from that 
computation. If the amount of the annuity so computed, plus the retired 
or retainer pay which is received, or which would be received but for 
the pension or compensation from the Department of Veterans Affairs in 
lieu of such retired or retainer pay, is less than the smaller of the 
annuity otherwise payable under paragraph (1) or (2) of this subsection, 
an amount equal to the difference shall be added to the annuity payable 
under subsection (a), (b), (c), (n), (q), (r), or (s), as appropriate.
    (h) The annuity computed under subsections (a), (b), (d)(5), and (f) 
of this section for an employee retiring under section 8336(d), (h), 
(j), or (o) of this title is reduced by \1/6\ of 1 percent for each full 
month the employee is under 55 years of age at the date of separation, 
except that such reduction shall not apply in the case of an employee 
retiring under section 8336(h) for failure to be recertified as a senior 
executive. The annuity computed under subsections (c) and (f) of this 
section for a Member retiring under the second or third sentence of 
section 8336(g) of this title or the third sentence of section 8338(b) 
of this title is reduced by \1/12\ of 1 percent for each full month not 
in excess of 60 months, and \1/6\ of 1 percent for each full month in 
excess of 60 months the Member is under 60 years of age at the date of 
separation. The annuity computed under subsections (a), (d)(6), and (f) 
of this section for a judge of the United States Court of Appeals for 
the Armed Forces retiring under the second sentence of section 8336(k) 
of this title or the third sentence of section 8338(c) of this title is 
reduced by \1/12\ of 1 percent for each full month not in excess of 60 
months, and \1/6\ of 1 percent for each full month in excess of 60 
months, the judge is under 60 years of age at the date of separation.
    (i) For the purposes of subsections (a)-(h), (n), (q), (r), or (s), 
the total service of any employee or Member shall not include any period 
of civilian service after July 31, 1920, for which retirement deductions 
or deposits have not been made under section 8334(a) of this title 
unless--
        (1) the employee or Member makes a deposit for such period as 
    provided in section 8334(c) or (d)(1) of this title; or
        (2) no deposit is required for such service, as provided under 
    section 8334(g) of this title or under any statute.

    (j)(1) The annuity computed under subsections (a)-(i), (n), (q), 
(r), and (s) (or a portion of the annuity, if jointly designated for 
this purpose by the employee or Member and the spouse of the employee or 
Member under procedures prescribed by the Office of Personnel 
Management) for an employee or Member who is married at the time of 
retiring under this subchapter is reduced as provided in paragraph (4) 
of this subsection in order to provide a survivor annuity for the spouse 
under section 8341(b) of this title, unless the employee or Member and 
the spouse jointly waive the spouse's right to a survivor annuity in a 
written election filed with the Office at the time that the employee or 
Member retires. Each such election shall be made in accordance with such 
requirements as the Office shall, by regulation, prescribe, and shall be 
irrevocable. The Office shall provide, by regulation, that an employee 
or Member may waive the survivor annuity without the spouse's consent if 
the employee or Member establishes to the satisfaction of the Office--
        (A) that the spouse's whereabouts cannot be determined, or
        (B) that, due to exceptional circumstances, requiring the 
    employee or Member to seek the spouse's consent would otherwise be 
    inappropriate.

    (2) If an employee or Member has a former spouse who is entitled to 
a survivor annuity as provided in section 8341(h) of this title, the 
annuity of the employee or Member computed under subsections (a)-(i), 
(n), (q), (r), and (s) (or any designated portion of the annuity, in the 
event that the former spouse is entitled to less than 55 percent of the 
employee or Member's annuity) is reduced as provided in paragraph (4) of 
this subsection.
    (3) An employee or Member who has a former spouse may elect, under 
procedures prescribed by the Office, to have the annuity computed under 
subsections (a)-(i), (n), (q), (r), and (s) or a portion thereof reduced 
as provided in paragraph (4) of this subsection in order to provide a 
survivor annuity for such former spouse under section 8341(h) of this 
title, unless all rights to survivor benefits for such former spouse 
under this subchapter based on marriage to such employee or Member were 
waived under paragraph (1) of this subsection. An election under this 
paragraph shall be made at the time of retirement or, if later, within 2 
years after the date on which the marriage of the former spouse to the 
employee or Member is dissolved, subject to a deposit in the Fund by the 
retired employee or Member of an amount determined by the Office, as 
nearly as may be administratively feasible, to reflect the amount by 
which the annuity of such employee or Member would have been reduced if 
the election had been continuously in effect since the date the annuity 
commenced, plus interest. For the purposes of the preceding sentence, 
the annual rate of interest for each year during which the annuity would 
have been reduced if the election had been in effect since the date the 
annuity commenced shall be 6 percent. The Office shall, by regulation, 
provide for payment of the deposit required under this paragraph by a 
reduction in the annuity of the employee or Member. The reduction shall, 
to the extent practicable, be designed so that the present value of the 
future reduction is actuarially equivalent to the deposit required under 
this paragraph, except that the total reductions in the annuity of an 
employee or Member to pay deposits required by the provisions of this 
paragraph, paragraph (5), or subsection (k)(2) shall not exceed 25 
percent of the annuity computed under subsections (a) through (i), (n), 
(q), and (r), including adjustments under section 8340. The reduction, 
which shall be effective on the same date as the election under this 
paragraph, shall be permanent and unaffected by any future termination 
of the entitlement of the former spouse. Such reduction shall be 
independent of and in addition to the reduction required under the first 
sentence of this paragraph. An election under this paragraph--
        (A) shall not be effective to the extent that it--
            (i) conflicts with--
                (I) any court order or decree referred to in subsection 
            (h)(1) of section 8341 of this title, which was issued 
            before the date of such election; or
                (II) any agreement referred to in such subsection which 
            was entered into before such date; or

            (ii) would cause the total of survivor annuities payable 
        under subsections (b), (d), (f), and (h) of section 8341 of this 
        title based on the service of the employee or Member to exceed 
        55 percent of the annuity to which the employee or Member is 
        entitled under subsections (a)-(i), (n), (q), (r), and (s); and

        (B) shall not be effective, in the case of an employee or Member 
    who is then married, unless it is made with the spouse's written 
    consent.

The Office shall provide by regulation that subparagraph (B) of this 
paragraph may be waived for either of the reasons set forth in the last 
sentence of paragraph (1) of this subsection. In the case of a retired 
employee or Member whose annuity is being reduced in order to provide a 
survivor annuity for a former spouse, an election to provide or increase 
a survivor annuity for any other former spouse (and to continue an 
appropriate reduction) may be made within the same period that, and 
subject to the same conditions under which, an election could be made 
under paragraph (5)(B) of this subsection for a current spouse (subject 
to the provisions of this paragraph relating to consent of a current 
spouse, if the retired employee or Member is then married). The 
opportunity to make an election under the preceding sentence is in 
addition to any opportunity otherwise afforded under this paragraph.
    (4) In order to provide a survivor annuity or combination of 
survivor annuities under subsections (b), (d), (f), and (h) of section 
8341 of this title, the annuity of an employee or Member (or any 
designated portion or portions thereof) is reduced by 2\1/2\ percent of 
the first $3,600 thereof plus 10 percent of so much thereof as exceeds 
$3,600.
    (5)(A) Any reduction in an annuity for the purpose of providing a 
survivor annuity for the current spouse of a retired employee or Member 
shall be terminated for each full month--
        (i) after the death of the spouse, or
        (ii) after the dissolution of the spouse's marriage to the 
    employee or Member, except that an appropriate reduction shall be 
    made thereafter if the spouse is entitled, as a former spouse, to a 
    survivor annuity under section 8341(h) of this title.

    (B) Any reduction in an annuity for the purpose of providing a 
survivor annuity for a former spouse of a retired employee or Member 
shall be terminated for each full month after the former spouse 
remarries before reaching age 55 or dies. This reduction shall be 
replaced by an appropriate reduction or reductions under paragraph (4) 
of this subsection if the retired employee or Member has (i) another 
former spouse who is entitled to a survivor annuity under section 
8341(h) of this title, (ii) a current spouse to whom the employee or 
Member was married at the time of retirement and with respect to whom a 
survivor annuity was not jointly waived under paragraph (1) of this 
subsection, or (iii) a current spouse whom the employee or Member 
married after retirement and with respect to whom an election has been 
made under subparagraph (C) of this paragraph or subsection (k)(2) of 
this section.
    (C)(i) Upon remarriage, a retired employee or Member who was married 
at the time of retirement (including an employee or Member whose annuity 
was not reduced to provide a survivor annuity for the employee or 
Member's spouse or former spouse as of the time of retirement) may 
irrevocably elect during such marriage, in a signed writing received by 
the Office within 2 years after such remarriage or, if later, within 2 
years after the death or remarriage of any former spouse of such 
employee or Member who was entitled to a survivor annuity under section 
8341(h) of this title (or of the last such surviving former spouse, if 
there was more than one), a reduction in the employee or Member's 
annuity under paragraph (4) of this subsection for the purpose of 
providing an annuity for such employee or Member's spouse in the event 
such spouse survives the employee or Member.
    (ii) Such election and reduction shall be effective the first day of 
the second month after the election is received by the Office, but not 
less than 9 months after the date of the remarriage, and the retired 
employee or Member shall deposit in the Fund an amount determined by the 
Office of Personnel Management, as nearly as may be administratively 
feasible, to reflect the amount by which the annuity of such retired 
employee or Member would have been reduced if the election had been in 
effect since the date of retirement or, if later, the date the previous 
reduction in such retired employee or Member's annuity was terminated 
under subparagraph (A) or (B) of this paragraph, plus interest. For the 
purposes of the preceding sentence, the annual rate of interest for each 
year during which an annuity would have been reduced if the election had 
been in effect on and after the applicable date referred to in such 
sentence shall be 6 percent.
    (iii) The Office shall, by regulation, provide for payment of the 
deposit required under clause (ii) by a reduction in the annuity of the 
employee or Member. The reduction shall, to the extent practicable, be 
designed so that the present value of the future reduction is 
actuarially equivalent to the deposit required under clause (ii), except 
that total reductions in the annuity of an employee or Member to pay 
deposits required by the provisions of this paragraph or paragraph (3) 
shall not exceed 25 percent of the annuity computed under subsections 
(a) through (i), (n), (q), and (r), including adjustments under section 
8340. The reduction required by this clause, which shall be effective on 
the same date as the election under clause (i), shall be permanent and 
unaffected by any future termination of the marriage. Such reduction 
shall be independent of and in addition to the reduction required under 
clause (i).
    (iv) Notwithstanding any other provision of this subparagraph, an 
election under this subparagraph may not be made for the purpose of 
providing an annuity in the case of a spouse by remarriage if such 
spouse was married to the employee or Member at the time of such 
employee or Member's retirement, and all rights to survivor benefits for 
such spouse under this subchapter based on marriage to such employee or 
Member were then waived under paragraph (1) of this subsection or a 
similar prior provision of law.
    (v) An election to provide a survivor annuity to a person under this 
subparagraph--
        (I) shall prospectively void any election made by the employee 
    or Member under subsection (k)(1) of this section with respect to 
    such person; or
        (II) shall, if an election was made by the employee or Member 
    under such subsection (k)(1) with respect to a different person, 
    prospectively void such election if appropriate written application 
    is made by such employee or Member at the time of making the 
    election under this subparagraph.

    (vi) The deposit provisions of clauses (ii) and (iii) of this 
subparagraph shall not apply if--
        (I) the employee or Member makes an election under this 
    subparagraph after having made an election under subsection (k)(1) 
    of this section; and
        (II) the election under such subsection (k)(1) becomes void 
    under clause (v) of this subparagraph.

    (k)(1) At the time of retiring under section 8336 or 8338 of this 
title, an employee or Member who is found to be in good health by the 
Office may elect a reduced annuity instead of an annuity computed under 
subsections (a)-(i), (n), (q), (r), and (s) and name in writing an 
individual having an insurable interest in the employee or Member to 
receive an annuity under section 8341(c) of this title after the death 
of the retired employee or Member. The annuity of the employee or Member 
making the election is reduced by 10 percent, and by 5 percent for each 
full 5 years the individual named is younger than the retiring employee 
or Member. However, the total reduction may not exceed 40 percent. An 
annuity which is reduced under this paragraph or any similar prior 
provision of law shall, effective the first day of the month following 
the death of the individual named under this paragraph, be recomputed 
and paid as if the annuity had not been so reduced. In the case of a 
married employee or Member, an election under this paragraph on behalf 
of the spouse may be made only if any right of such spouse to a survivor 
annuity based on the service of such employee or Member is waived in 
accordance with subsection (j)(1) of this section.
    (2)(A) An employee or Member, who is unmarried at the time of 
retiring under a provision of law which permits election of a reduced 
annuity with a survivor annuity payable to such employee or Member's 
spouse and who later marries, may irrevocably elect, in a signed writing 
received in the Office within 2 years after such employee or Member 
marries or, if later, within 2 years after the death or remarriage of 
any former spouse of such employee or Member who was entitled to a 
survivor annuity under section 8341(h) of this title (or of the last 
such surviving former spouse, if there was more than one), a reduction 
in the retired employee or Member's current annuity as provided in 
subsection (j) of this section.
    (B)(i) The election and reduction shall take effect on the first day 
of the first month beginning after the expiration of the 9-month period 
beginning on the date of marriage. Any such election to provide a 
survivor annuity for a person--
        (I) shall prospectively void any election made by the employee 
    or Member under paragraph (1) of this subsection with respect to 
    such person; or
        (II) shall, if an election was made by the employee or Member 
    under such paragraph with respect to a different person, 
    prospectively void such election if appropriate written application 
    is made by such employee or Member at the time of making the 
    election under this paragraph.

    (ii) The retired employee or Member shall deposit in the Fund an 
amount determined by the Office of Personnel Management, as nearly as 
may be administratively feasible, to reflect the amount by which the 
retired employee or Member's annuity would have been reduced under 
subsection (j)(4) of this section since the commencing date of the 
annuity, if the employee or Member had been married at the time of 
retirement and had elected to provide a survivor annuity at that time, 
plus interest. For the purposes of the preceding sentence, the annual 
rate of interest for each year during which the annuity would have been 
reduced if the election had been in effect since the date of the annuity 
commenced shall be 6 percent.
    (C) The Office shall, by regulation, provide for payment of the 
deposit required under subparagraph (B)(ii) by a reduction in the 
annuity of the employee or Member. The reduction shall, to the extent 
practicable, be designed so that the present value of the future 
reduction is actuarially equivalent to the deposit required under 
subparagraph (B)(ii), except that total reductions in the annuity of an 
employee or Member to pay deposits required by this subsection or 
subsection (j)(3) shall not exceed 25 percent of the annuity computed 
under subsections (a) through (i), (n), (q), and (r), including 
adjustments under section 8340. The reduction required by this 
subparagraph, which shall be effective on the same date as the election 
under subparagraph (A), shall be permanent and unaffected by any future 
termination of the marriage. Such reduction shall be independent of and 
in addition to the reduction required under subparagraph (A).
    (D) Subparagraphs (B)(ii) and (C) of this paragraph shall not apply 
if--
        (i) the employee or Member makes an election under this 
    paragraph after having made an election under paragraph (1) of this 
    subsection; and
        (ii) the election under such paragraph (1) becomes void under 
    subparagraph (B)(i) of this paragraph.

    (l) The annuity computed under subsections (a)-(k), (n), (q), (r), 
and (s) for an employee who is a citizen of the United States is 
increased by $36 for each year of service in the employ of--
        (1) the Alaska Engineering Commission, or The Alaska Railroad, 
    in Alaska between March 12, 1914, and July 1, 1923; or
        (2) the Isthmian Canal Commission, or the Panama Railroad 
    Company, on the Isthmus of Panama between May 4, 1904, and April 1, 
    1914.

    (m) In computing any annuity under subsections (a) through (e), (n), 
(q), (r), and (s), the total service of an employee who retires on an 
immediate annuity or dies leaving a survivor or survivors entitled to 
annuity includes, without regard to the limitations imposed by 
subsection (f) of this section, the days of unused sick leave to his 
credit under a formal leave system, except that these days will not be 
counted in determining average pay or annuity eligible under this 
subchapter. For the purpose of this subsection, in the case of any such 
employee who is excepted from subchapter I of chapter 63 of this title 
under section 6301(2)(x)-(xiii) of this title, the days of unused sick 
leave to his credit include any unused sick leave standing to his credit 
when he was excepted from such subchapter.
    (n) The annuity of an employee who is a Court of Federal Claims 
judge, bankruptcy judge, or United States magistrate judge is computed, 
with respect to service as a Court of Federal Claims judge, as a 
commissioner of the Court of Claims, as a referee in bankruptcy, as a 
bankruptcy judge, as a United States magistrate judge, and as a United 
States commissioner, and with respect to the military service of any 
such individual (not exceeding 5 years) creditable under section 8332 of 
this title, by multiplying 2\1/2\ percent of the individual's average 
pay by the years of that service.
    (o)(1)(A) An employee or Member--
        (i) who, at the time of retirement, is married, and
        (ii) who notifies the Office at such time (in accordance with 
    subsection (j)) that a survivor annuity under section 8341(b) of 
    this title is not desired,

may, during the 18-month period beginning on the date of the retirement 
of such employee or Member, elect to have a reduction under subsection 
(j) made in the annuity of the employee or Member (or in such portion 
thereof as the employee or Member may designate) in order to provide a 
survivor annuity for the spouse of such employee or Member.
    (B) An employee or Member--
        (i) who, at the time of retirement, is married, and
        (ii) who at such time designates (in accordance with subsection 
    (j)) that a limited portion of the annuity of such employee or 
    Member is to be used as the base for a survivor annuity under 
    section 8341(b) of this title,

may, during the 18-month period beginning on the date of the retirement 
of such employee or Member, elect to have a greater portion of the 
annuity of such employee or Member so used.
    (2)(A) An election under subparagraph (A) or (B) of paragraph (1) of 
this subsection shall not be considered effective unless the amount 
specified in subparagraph (B) of this paragraph is deposited into the 
Fund before the expiration of the applicable 18-month period under 
paragraph (1).
    (B) The amount to be deposited with respect to an election under 
this subsection is an amount equal to the sum of--
        (i) the additional cost to the System which is associated with 
    providing a survivor annuity under subsection (b)(2) of this section 
    and results from such election taking into account (I) the 
    difference (for the period between the date on which the annuity of 
    the participant or former participant commences and the date of the 
    election) between the amount paid to such participant or former 
    participant under this subchapter and the amount which would have 
    been paid if such election had been made at the time the participant 
    or former participant applied for the annuity, and (II) the costs 
    associated with providing for the later election; and
        (ii) interest on the additional cost determined under clause (i) 
    of this subparagraph computed using the interest rate specified or 
    determined under section 8334(e) of this title for the calendar year 
    in which the amount to be deposited is determined.

    (3) An election by an employee or Member under this subsection voids 
prospectively any election previously made in the case of such employee 
or Member under subsection (j).
    (4) An annuity which is reduced in connection with an election under 
this subsection shall be reduced by the same percentage reductions as 
were in effect at the time of the retirement of the employee or Member 
whose annuity is so reduced.
    (5) Rights and obligations resulting from the election of a reduced 
annuity under this subsection shall be the same as the rights and 
obligations which would have resulted had the employee or Member 
involved elected such annuity at the time of retiring.
    (6) The Office shall, on an annual basis, inform each employee or 
Member who is eligible to make an election under this subsection of the 
right to make such election and the procedures and deadlines applicable 
to such election.
    (p)(1) In computing an annuity under this subchapter for an employee 
whose service includes service that was performed on a part-time basis--
        (A) the average pay of the employee, to the extent that it 
    includes pay for service performed in any position on a part-time 
    basis, shall be determined by using the annual rate of basic pay 
    that would be payable for full-time service in the position; and
        (B) the benefit so computed shall then be multiplied by a 
    fraction equal to the ratio which the employee's actual service, as 
    determined by prorating an employee's total service to reflect the 
    service that was performed on a part-time basis, bears to the total 
    service that would be creditable for the employee if all of the 
    service had been performed on a full-time basis.

    (2) For the purpose of this subsection, employment on a part-time 
basis shall not be considered to include employment on a temporary or 
intermittent basis.
    (q) The annuity of a member of the Capitol Police, or former member 
of the Capitol Police, retiring under this subchapter is computed in 
accordance with subsection (b), except that, in the case of a member who 
retires under section 8335(c) or 8336(m), and who meets the requirements 
of subsection (b)(2), the annuity of such member is--
        (1) 2\1/2\ percent of the member's average pay multiplied by so 
    much of such member's total service as does not exceed 20 years; 
    plus
        (2) 2 percent of the member's average pay multiplied by so much 
    of such member's total service as exceeds 20 years.

    (r) The annuity of a member of the Supreme Court Police, or former 
member of the Supreme Court Police, retiring under this subchapter is 
computed in accordance with subsection (d).
    (s) \1\ The annuity of a Member who has served in a position in the 
executive branch for which the rate of basic pay was reduced for the 
duration of the service of the Member in that position to remove the 
impediment to the appointment of the Member imposed by article I, 
section 6, clause 2 of the Constitution, shall, subject to a deposit in 
the Fund as provided under section 8334(m), be computed as though the 
rate of basic pay which would otherwise have been in effect during that 
period of service had been in effect.
---------------------------------------------------------------------------
    \1\ So in original. Two subsecs. (s) have been enacted.
---------------------------------------------------------------------------
    (s)(1) \1\ For purposes of this subsection, the term ``physicians 
comparability allowance'' refers to an amount described in section 
8331(3)(H).
    (2) Except as otherwise provided in this subsection, no part of a 
physicians comparability allowance shall be treated as basic pay for 
purposes of any computation under this section unless, before the date 
of the separation on which entitlement to annuity is based, the 
separating individual has completed at least 15 years of service as a 
Government physician (whether performed before, on, or after the date of 
the enactment of this subsection).
    (3) If the condition under paragraph (2) is met, then, any amounts 
received by the individual in the form of a physicians comparability 
allowance shall (for the purposes referred to in paragraph (2)) be 
treated as basic pay, but only to the extent that such amounts are 
attributable to service performed on or after the date of the enactment 
of this subsection, and only to the extent of the percentage allowable, 
which shall be determined as follows:

If the total amount of service
  performed, on or after the date of                  Then, the percent-
  the enactment of this subsection,                    age allowable is:
  as a Government physician is:
    Less than 2 years...................                               0
    At least 2 but less than 4 years....                              25
    At least 4 but less than 6 years....                              50
    At least 6 but less than 8 years....                              75
    At least 8 years....................                            100.

    (4) Notwithstanding any other provision of this subsection, 100 
percent of all amounts received as a physicians comparability allowance 
shall, to the extent attributable to service performed on or after the 
date of the enactment of this subsection, be treated as basic pay 
(without regard to any of the preceding provisions of this subsection) 
for purposes of computing--
        (A) an annuity under subsection (g); and
        (B) a survivor annuity under section 8341, if based on the 
    service of an individual who dies before separating from service.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 574; Pub. L. 90-83, Sec. 1(78), 
Sept. 11, 1967, 81 Stat. 214; Pub. L. 90-206, title II, Sec. 224(b), 
Dec. 16, 1967, 81 Stat. 642; Pub. L. 90-486, Sec. 5(c), Aug. 13, 1968, 
82 Stat. 757; Pub. L. 91-93, title II, Sec. 203, Oct. 20, 1969, 83 Stat. 
139; Pub. L. 91-658, Sec. 2, Jan. 8, 1971, 84 Stat. 1961; Pub. L. 92-
297, Secs. 6, 7(3), May 16, 1972, 86 Stat. 144; Pub. L. 93-260, 
Sec. 2(a), Apr. 9, 1974, 88 Stat. 76; Pub. L. 93-350, Sec. 6, July 12, 
1974, 88 Stat. 356; Pub. L. 93-474, Sec. 1, Oct. 26, 1974, 88 Stat. 
1438; Pub. L. 94-126, Sec. 1(b), Nov. 12, 1975, 89 Stat. 679; Pub. L. 
94-397, Sec. 1(d), Sept. 3, 1976, 90 Stat. 1203; Pub. L. 95-256, 
Sec. 5(d), Apr. 6, 1978, 92 Stat. 191; Pub. L. 95-317, Secs. 1(a), (c), 
2, July 10, 1978, 92 Stat. 382; Pub. L. 95-454, title IV, Sec. 412(b), 
title IX, Sec. 906(a)(2), (3), Oct. 13, 1978, 92 Stat. 1175, 1224; Pub. 
L. 95-519, Sec. 3, Oct. 25, 1978, 92 Stat. 1819; Pub. L. 95-598, title 
III, Sec. 338(a), Nov. 6, 1978, 92 Stat. 2681; Pub. L. 96-54, 
Sec. 2(a)(49), Aug. 14, 1979, 93 Stat. 384; Pub. L. 96-70, title I, 
Sec. 1242(a), Sept. 27, 1979, 93 Stat. 472; Pub. L. 96-135, Sec. 1(b), 
(c), Dec. 5, 1979, 93 Stat. 1057; Pub. L. 96-391, Sec. 1, Oct. 7, 1980, 
94 Stat. 1557; Pub. L. 96-499, title IV, Sec. 404(a), Dec. 5, 1980, 94 
Stat. 2606; Pub. L. 97-253, title III, Sec. 303(b), Sept. 8, 1982, 96 
Stat. 794; Pub. L. 97-276, Sec. 151(f), Oct. 2, 1982, 96 Stat. 1202; 
Pub. L. 98-94, title XII, Sec. 1256(e), Sept. 24, 1983, 97 Stat. 702; 
Pub. L. 98-249, Sec. 3(a), Mar. 31, 1984, 98 Stat. 117; Pub. L. 98-271, 
Sec. 3(a), Apr. 30, 1984, 98 Stat. 163; Pub. L. 98-299, Sec. 3(a), May 
25, 1984, 98 Stat. 214; Pub. L. 98-325, Sec. 3(a), June 20, 1984, 98 
Stat. 268; Pub. L. 98-353, title I, Secs. 112, 116(d), 121(f), July 10, 
1984, 98 Stat. 343, 344, 346; Pub. L. 98-531, Sec. 2(c), Oct. 19, 1984, 
98 Stat. 2704; Pub. L. 98-615, Sec. 2(3), Nov. 8, 1984, 98 Stat. 3195; 
Pub. L. 99-251, title II, Sec. 203(a)-(c), title III, Sec. 307(a), Feb. 
27, 1986, 100 Stat. 23, 24, 28; Pub. L. 99-272, title XV, 
Sec. 15204(a)(1), Apr. 7, 1986, 100 Stat. 334; Pub. L. 100-53, 
Sec. 2(d), June 18, 1987, 101 Stat. 368; Pub. L. 101-194, title V, 
Sec. 506(b)(8), Nov. 30, 1989, 103 Stat. 1759; Pub. L. 101-428, 
Sec. 2(c)(1), (d)(2)-(6), Oct. 15, 1990, 104 Stat. 928, 929; Pub. L. 
101-508, title VII, Sec. 7001(b)(2)(B), (C), Nov. 5, 1990, 104 Stat. 
1388-329; Pub. L. 101-510, div. C, title XXXV, Sec. 3506(b), Nov. 5, 
1990, 104 Stat. 1847; Pub. L. 101-650, title III, Secs. 306(c)(4), 321, 
Dec. 1, 1990, 104 Stat. 5110, 5117; Pub. L. 102-54, Sec. 13(b)(4), June 
13, 1991, 105 Stat. 274; Pub. L. 102-198, Sec. 7(b), Dec. 9, 1991, 105 
Stat. 1624; Pub. L. 102-378, Sec. 2(62), Oct. 2, 1992, 106 Stat. 1354; 
Pub. L. 102-572, title IX, Sec. 902(b)(2), Oct. 29, 1992, 106 Stat. 
4516; Pub. L. 103-66, title XI, Sec. 11004(a)(1), (2), Aug. 10, 1993, 
107 Stat. 410, 411; Pub. L. 103-337, div. A, title IX, 
Sec. 924(d)(1)(A), Oct. 5, 1994, 108 Stat. 2832; Pub. L. 104-106, div. 
A, title XV, Sec. 1505(b)(3), Feb. 10, 1996, 110 Stat. 514; Pub. L. 105-
61, title V, Sec. 516(a)(3), Oct. 10, 1997, 111 Stat. 1306; Pub. L. 105-
261, div. A, title XI, Sec. 1109(c)(1), Oct. 17, 1998, 112 Stat. 2145; 
Pub. L. 106-58, title VI, Sec. 651(b), Sept. 29, 1999, 113 Stat. 480; 
Pub. L. 106-398, Sec. 1 [[div. A], title X, Sec. 1087(f)(4), title XI, 
Sec. 1152(c)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A-293, 1654A-322; 
Pub. L. 106-553, Sec. 1(a)(2) [title III, Sec. 308(b)(4), (h)(2)-(6)], 
Dec. 21, 2000, 114 Stat. 2762, 2762A-87 to 2762A-89; Pub. L. 106-554, 
Sec. 1(a)(4) [div. B, title I, Sec. 141(b)], Dec. 21, 2000, 114 Stat. 
2763, 2763A-235; Pub. L. 106-571, Sec. 3(b)(1), Dec. 28, 2000, 114 Stat. 
3055.)

                      Historical and Revision Notes
                                1966 Act
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
                     5 U.S.C. 2259.                July 31, 1956, ch.
                                                    804, Sec.  401
                                                    ``Sec. 9'', 70 Stat.
                                                    752.
                     ............................  July 7, 1960, Pub. L.
                                                    86-604, Sec.  1(d),
                                                    (e), 74 Stat. 358.
                     ............................  July 12, 1960, Pub.
                                                    L. 86-622, Sec.
                                                    2(b), 74 Stat. 410.
                     ............................  Oct. 4, 1961, Pub. L.
                                                    87-350, Sec.  6, 75
                                                    Stat. 772.
                     ............................  Oct. 11, 1962, Pub.
                                                    L. 87-793, Sec.
                                                    1103(a), 76 Stat.
                                                    870.
------------------------------------------------------------------------

    The section is reorganized to eliminate repetition.
    In subsection (f)(2), the words ``service of the type last 
performed'' are substituted for ``total service'' in former section 
2259(a), ``service as a Congressional employee'' in former section 
2259(b), and ``Member service'' in former section 2259(c).
    In subsection (i), the words ``by the employee or Member at the time 
of retirement'' are added on authority of former section 2260(a)(1), 
which is carried into section 8341(b).
    In subsection (j), the words ``an annuity computed as provided in 
section 2259 of this title'' and ``an annuity so computed'' are omitted 
as unnecessary as former sections 2256 and 2258, which are carried into 
this title as sections 8336 and 8338, respectively, expressly require 
that the annuities authorized thereby must be computed under former 
section 2259, which is carried into this section.
    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
------------------------------------------------------------------------
                                                    Source (Statutes at
 Section of title 5       Source (U.S. Code)               Large)
------------------------------------------------------------------------
8339(g)............  5 App.: 2259(d).              July 18, 1966, Pub.
                                                    L. 89-504, Sec.
                                                    505, 80 Stat. 301.
------------------------------------------------------------------------

                       References in Text

    The date of the enactment of this subsection, referred to in subsec. 
(s), is the date of enactment of Pub. L. 106-571, which was approved 
Dec. 28, 2000.


                               Amendments

    2000--Subsec. (f). Pub. L. 106-553, Sec. 1(a)(2) [title III, 
Sec. 308(h)(2)], substituted ``subsections (a) through (e), (n), (q), 
(r), and (s)'' for ``subsections (a)-(e), (n), (q), and (r)'' in 
introductory provisions.
    Subsec. (g). Pub. L. 106-553, Sec. 1(a)(2) [title III, 
Sec. 308(h)(3)(B)], substituted ``(q), (r), or (s)'' for ``(q), or (r)'' 
in two places in concluding provisions.
    Pub. L. 106-398, Sec. 1 [[div. A], title X, Sec. 1087(f)(4)], struck 
out ``the application of the limitation in section 5532 of this title, 
or'' after ``received but for'' in concluding provisions.
    Subsec. (g)(2). Pub. L. 106-553, Sec. 1(a)(2) [title III, 
Sec. 308(h)(3)(A)], substituted ``subsections (a) through (c), (n), (q), 
(r), or (s)'' for ``subsections (a)-(c), (n), (q), or (r)''.
    Subsec. (h). Pub. L. 106-398, Sec. 1 [[div. A], title XI, 
Sec. 1152(c)(1)], substituted ``(j), or (o)'' for ``or (j)'' in first 
sentence.
    Subsec. (i). Pub. L. 106-553, Sec. 1(a)(2) [title III, 
Sec. 308(h)(4)], substituted ``(a)-(h), (n), (q), (r), or (s)'' for 
``(a)-(h), (n), (q), and (r)'' in introductory provisions.
    Subsecs. (j), (k)(1). Pub. L. 106-553, Sec. 1(a)(2) [title III, 
Sec. 308(h)(5)], substituted ``(a)-(i), (n), (q), (r), and (s)'' for 
``(a)-(i), (n), (q), and (r)'' wherever appearing.
    Subsec. (l). Pub. L. 106-553, Sec. 1(a)(2) [title III, 
Sec. 308(h)(6)], substituted ``(a)-(k), (n), (q), (r), and (s)'' for 
``(a)-(k), (n), (q), and (r)'' in introductory provisions.
    Subsec. (m). Pub. L. 106-553, Sec. 1(a)(2) [title III, 
Sec. 308(h)(2)], substituted ``subsections (a) through (e), (n), (q), 
(r), and (s)'' for `subsections (a)-(e), (n), (q), and (r)''.
    Subsec. (q). Pub. L. 106-554 substituted ``8335(c)'' for 
``8335(d)''.
    Subsec. (r). Pub. L. 106-553, Sec. 1(a)(2) [title III, 
Sec. 308(b)(4)], added subsec. (r). Former subsec. (r), relating to the 
annuity of a Member who has served in a position in the executive 
branch, redesignated (s).
    Subsec. (s). Pub. L. 106-571 added subsec. (s), relating to 
physicians comparability allowance.
    Pub. L. 106-553, Sec. 1(a)(2) [title III, Sec. 308(b)(4)], 
redesignated subsec. (r), relating to computation of annuity of a Member 
who has served in a position in the executive branch, as (s).
    1999--Subsec. (h). Pub. L. 106-58 repealed Pub. L. 105-261, 
Sec. 1109(c)(1). See 1998 Amendment note below.
    1998--Subsec. (h). Pub. L. 105-261, Sec. 1109(c)(1), which directed 
substitution of ``(j), or (o)'' for ``or (j)'' in the first sentence, 
was repealed by Pub. L. 106-58.
    1997--Subsec. (f). Pub. L. 105-61, Sec. 516(a)(3)(A), substituted 
``(q), and (r)'' for ``and (q) of this section''.
    Subsec. (g). Pub. L. 105-61, Sec. 516(a)(3)(B), substituted ``(q), 
or (r)'' for ``or (q) of this section'' in par. (2) and in two places in 
concluding provisions.
    Subsecs. (i) to (m). Pub. L. 105-61, Sec. 516(a)(3)(A), substituted 
``(q), and (r)'' for ``and (q)'' and ``and (q) of this section'' 
wherever appearing.
    Subsec. (r). Pub. L. 105-61, Sec. 516(a)(3)(C), added subsec. (r).
    1996--Subsec. (d)(7). Pub. L. 104-106 substituted ``Court of Appeals 
for the Armed Forces'' for ``Court of Military Appeals''.
    1994--Subsec. (d)(6). Pub. L. 103-337, which directed amendment of 
par. (6) by substituting ``Court of Appeals for the Armed Forces'' for 
``Court of Military Appeals'', could not be executed because the words 
``Court of Military Appeals'' did not appear in par. (6).
    Subsec. (h). Pub. L. 103-337 substituted ``Court of Appeals for the 
Armed Forces'' for ``Court of Military Appeals''.
    1993--Subsec. (j)(3). Pub. L. 103-66, Sec. 11004(a)(1)(A)(i), struck 
out ``, within such 2-year period,'' after ``retired employee or 
Member'' in second sentence.
    Pub. L. 103-66, Sec. 11004(a)(1)(A)(ii), substituted fourth through 
seventh sentences for former fourth sentence which read as follows: ``If 
the employee or Member does not make such a deposit, the Office shall 
collect the amount of the deposit by offset against the employee or 
Member's annuity, up to a maximum of 25 percent of the net annuity 
otherwise payable to the employee or Member, and the employee or Member 
is deemed to consent to such offset.''
    Subsec. (j)(5)(C)(ii). Pub. L. 103-66, Sec. 11004(a)(1)(B)(i), 
struck out ``, within 2 years after the date of the remarriage or, if 
later, the death or remarriage of the former spouse (or of the last such 
surviving former spouse),'' after ``employee or Member shall''.
    Subsec. (j)(5)(C)(iii). Pub. L. 103-66, Sec. 11004(a)(1)(B)(ii), 
amended cl. (iii) generally. Prior to amendment, cl. (iii) read as 
follows: ``If the employee or Member does not make such deposit, the 
Office shall collect such amount by offset against the employee or 
Member's annuity, up to a maximum of 25 percent of the net annuity 
otherwise payable to the employee or Member, and the employee or Member 
is deemed to consent to such offset.''
    Subsec. (k)(2)(B)(ii). Pub. L. 103-66, Sec. 11004(a)(2)(A), which 
directed amendment of cl. (ii) by substituting in first sentence ``The 
retired employee'' for ``Within 2 years after the date of the marriage, 
the retired employee'', was executed by making the substitution for 
``Within 2 years after the date of marriage, the retired employee'' to 
reflect the probable intent of Congress.
    Subsec. (k)(2)(C). Pub. L. 103-66, Sec. 11004(a)(2)(B), amended 
subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: 
``If the employee or Member does not make such deposit, the Office shall 
collect such amount by offset against the employee or Member's annuity, 
up to a maximum of 25 percent of the net annuity otherwise payable to 
the employee or Member, and the employee or Member is deemed to consent 
to such offset.''
    1992--Subsec. (n). Pub. L. 102-572 substituted ``Court of Federal 
Claims'' for ``Claims Court'' in two places.
    Subsecs. (o), (p). Pub. L. 102-378, Sec. 2(62), redesignated subsec. 
(o), relating to employee whose service includes service performed on 
part-time basis, as (p).
    1991--Subsec. (g). Pub. L. 102-54 substituted ``pension or 
compensation from the Department of Veterans Affairs'' for ``Veterans' 
Administration pension or compensation'' in second and third sentences.
    Subsec. (n). Pub. L. 102-198 inserted a comma after ``United States 
commissioner''.
    1990--Subsec. (d)(3) to (7). Pub. L. 101-510 added par. (3) and 
redesignated former pars. (3) to (6) as (4) to (7), respectively.
    Subsec. (e). Pub. L. 101-508, Sec. 7001(b)(2)(C), substituted 
``8334(d)(1)'' for ``8334(d)''.
    Subsec. (f). Pub. L. 101-428, Sec. 2(d)(2), substituted ``(a)-(e), 
(n), and (q)'' for ``(a)-(e) and (n)''.
    Subsec. (g). Pub. L. 101-428, Sec. 2(d)(3)(B), substituted ``(c), 
(n), or (q)'' for ``(c), or (n)'' wherever appearing in closing 
provisions.
    Subsec. (g)(2). Pub. L. 101-428, Sec. 2(d)(3)(A), substituted ``(a)-
(c), (n), or (q)'' for ``(a)-(c) or (n)''.
    Subsec. (i). Pub. L. 101-428, Sec. 2(d)(4), substituted ``(a)-(h), 
(n), and (q)'' for ``(a)-(h) and (n)''.
    Subsec. (i)(1). Pub. L. 101-508, Sec. 7001(b)(2)(B), substituted 
``(d)(1)'' for ``(d)''.
    Subsec. (j). Pub. L. 101-428, Sec. 2(d)(5), substituted ``(a)-(i), 
(n), and (q)'' for ``(a)-(i) and (n)'' in pars. (1) and (2), and in 
introductory provisions and subpar. (A)(ii) of par. (3).
    Subsec. (k)(1). Pub. L. 101-428, Sec. 2(d)(5), substituted ``(a)-
(i), (n), and (q)'' for ``(a)-(i) and (n)''.
    Subsec. (l). Pub. L. 101-428, Sec. 2(d)(6), substituted ``(a)-(k), 
(n), and (q)'' for ``(a)-(k) and (n)''.
    Subsec. (m). Pub. L. 101-428, Sec. 2(d)(2), substituted ``(a)-(e), 
(n), and (q)'' for ``(a)-(e) and (n)''.
    Subsec. (n). Pub. L. 101-650 amended subsec. (n) generally. Prior to 
amendment, subsec. (n) read as follows: ``The annuity of an employee who 
is a bankruptcy judge or United States magistrate is computed, with 
respect to service as a referee in bankruptcy, as a bankruptcy judge, as 
a United States magistrate, and as a United States commissioner and with 
respect to the military service of any such individual (not exceeding 5 
years) creditable under section 8332 of this title, by multiplying 2\1/
2\ percent of the individual's average pay by the years of that 
service.''
    Subsec. (q). Pub. L. 101-428, Sec. 2(c)(1), added subsec. (q).
    1989--Subsec. (h). Pub. L. 101-194 inserted ``, except that such 
reduction shall not apply in the case of an employee retiring under 
section 8336(h) for failure to be recertified as a senior executive'' 
before period at end of first sentence.
    1987--Subsec. (n). Pub. L. 100-53 amended subsec. (n) generally. 
Prior to amendment, subsec. (n) read as follows: ``The annuity of an 
employee who is a bankruptcy judge is computed with respect to service 
after as a referee in bankruptcy and as a bankruptcy judge and his 
military service (not exceeding five years) creditable under section 
8332 of this title by multiplying 2\1/2\ percent of his average annual 
pay by the years of that service.''
    1986--Subsec. (j)(3). Pub. L. 99-251, Sec. 203(a), inserted ``, 
unless all rights to survivor benefits for such former spouse under this 
subchapter based on marriage to such employee or Member were waived 
under paragraph (1) of this subsection'' at end of first sentence.
    Subsec. (j)(5)(B). Pub. L. 99-251, Sec. 203(b), amended subpar. (B) 
generally. Prior to amendment, subpar. (B) read as follows:
    ``(B)(i) Any reduction in an annuity for the purpose of providing a 
survivor annuity for a former spouse of a retired employee or Member 
shall be terminated for each full month after the former spouse 
remarries before reaching age 55 or dies, unless the employee or Member 
elects, within 2 years after the former spouse's death or remarriage, to 
continue the reduction in order to provide a survivor annuity or 
increase the survivor annuity for the current spouse of the retired 
employee or Member.
    ``(ii) Notwithstanding clause (i) of this subparagraph--
        ``(I) a reduction in an annuity shall not be terminated under 
    such clause, and
        ``(II) an election made under such clause with respect to a 
    current spouse after a remarriage before age 55 or the death of a 
    former spouse shall not be effective,
if, and to the extent that, continuation of the reduction is necessary 
in order to provide for any survivor annuity, or any increase in a 
survivor annuity, which becomes payable under section 8341(h)(2) of this 
title to any other former spouse as a result of such remarriage or 
death.''
    Subsec. (j)(5)(C)(v), (vi). Pub. L. 99-251, Sec. 203(c)(1), added 
cls. (v) and (vi).
    Subsec. (k)(1). Pub. L. 99-251, Sec. 203(c)(2), inserted at end ``In 
the case of a married employee or Member, an election under this 
paragraph on behalf of the spouse may be made only if any right of such 
spouse to a survivor annuity based on the service of such employee or 
Member is waived in accordance with subsection (j)(1) of this section.''
    Subsec. (k)(2)(B)(i). Pub. L. 99-251, Sec. 203(c)(3)(A), substituted 
provisions directing that the election and reduction shall take effect 
on the first day of the first month beginning after the expiration of 
the 9-month period beginning on the date of marriage and that any such 
election to provide a survivor annuity for a person shall prospectively 
void any election made by the employee or Member under paragraph (1) of 
this subsection with respect to such person, or shall, if an election 
was made by the employee or Member under such paragraph with respect to 
a different person, prospectively void such election if appropriate 
written application is made by such employee or Member at the time of 
making the election under this paragraph, for provisions which directed 
that the election and reduction had to take effect the first day of the 
first month beginning 9 months after the date of marriage and would 
prospectively void any election previously made under paragraph (1) of 
this subsection.
    Subsec. (k)(2)(B)(ii). Pub. L. 99-251, Sec. 203(c)(3)(B), struck out 
``(other than an employee or Member who made a previous election under 
paragraph (1) of this subsection)'' after ``retired employee or 
Member''.
    Subsec. (k)(2)(D). Pub. L. 99-251, Sec. 203(c)(3)(C), added subpar. 
(D).
    Subsec. (o). Pub. L. 99-272 added subsec. (o), set out second, 
relating to computation of annuities for part-time service.
    Pub. L. 99-251, Sec. 307(a), added subsec. (o), set out first, 
relating to 18-month period for election of survivor annuities.
    1984--Subsec. (f). Pub. L. 98-353, Sec. 112, substituted ``and (n)'' 
for ``and (o)''.
    Subsec. (g). Pub. L. 98-353, Sec. 116(d)(1), (2), inserted ``or 
(n)'' after ``(c)'' in par. (2), and substituted ``(c), or (n)'' for 
``or (c)'' in two places in provisions following par. (2).
    Subsec. (j)(1). Pub. L. 98-615, Sec. 2(3)(A), substituted provisions 
that at the time of retirement an employee's pension will be reduced to 
provide survivor benefits to the spouse unless the employee or Member 
and the spouse jointly waive the spouse's right to the survivor annuity 
in a written statement filed with the Office of Personnel Management 
which shall be made in accordance with such requirements as prescribed 
by the Office by regulation and which shall be irrevocable and that the 
Office, by regulation, must provide that an employee may waive the 
survivor annuity without the spouse's consent only when the spouse's 
whereabouts are unknown to the employee or, due to exceptional 
circumstances it would be inappropriate to require the employee to seek 
the spouse's consent for provisions that at the time of retirement an 
employee's pension would be reduced by 2\1/2\ percent of so much thereof 
as did not exceed $3,600 and by 10 percent of so much thereof as 
exceeded that amount, unless the employee or member notified the Office 
of Personnel Management in writing at the time of retirement that he did 
not desire any surviving spouse to receive an annuity under section 
8341(b) of this title, and struck out provisions for the restoration to 
the employee or Member of his full pension, as if such reduction had not 
taken place, for each full month in which such employee or Member was 
not married, and providing the employee or Member a right of irrevocable 
election of reduction for the benefit of a subsequent spouse, in the 
event of remarriage, in an amount equal to the prior reduction, to take 
effect 1 year after remarriage.
    Pub. L. 98-353, Sec. 112, substituted ``and (n)'' for ``and (o)''.
    Subsec. (j)(2). Pub. L. 98-615, Sec. 2(3)(A), substituted provision 
that if an employee or Member has a former spouse who is entitled to a 
survivor annuity as provided in section 8341(h) of this title, the 
annuity of the employee or Member computed under subsecs. (a)-(i) and 
(n) (or any designated portion of the annuity, in the event that the 
former spouse is entitled to less than 55 percent of the employee or 
Member's annuity) is reduced as provided in par. (4) for provision that 
any written notification (or designation) by any employee or Member 
under the first sentence of par. (1) would not be considered valid 
unless the employee or Member established to the satisfaction of the 
Office that the spouse had been notified of the loss of or reduction in 
survivor benefits or that the employee or Member had complied with such 
notification requirements as the Office would, by regulation, prescribe.
    Subsec. (j)(3) to (5). Pub. L. 98-615, Sec. 2(3)(A), added pars. (3) 
to (5).
    Subsec. (k)(1). Pub. L. 98-615, Sec. 2(3)(B), substituted ``an 
employee or Member'' for ``an unmarried employee or Member''.
    Pub. L. 98-353, Sec. 112, substituted ``and (n)'' for ``and (o)''.
    Subsec. (k)(2). Pub. L. 98-615, Sec. 2(3)(C), designated existing 
provisions as subpar. (A), substituted ``such employee or Member's 
spouse'' for ``his spouse'' and ``within 2 years after such employee or 
Member marries or, if later, within 2 years after the death or 
remarriage of any former spouse of such employee or Member who was 
entitled to a survivor annuity under section 8341(h) of this title (or 
of the last such surviving former spouse, if there was more than one), a 
reduction in the retired employee or Member's current annuity as 
provided in subsection (j) of this section'' for ``within 1 year after 
he marries, a reduction in his current annuity as provided in subsection 
(j) of this section. The reduced annuity shall be effective the first 
day of the first month beginning 1 year after the date of marriage. The 
election voids prospectively any election previously made under 
paragraph (1) of this subsection'', and added subpars. (B) and (C).
    Subsec. (l). Pub. L. 98-353, Sec. 112, substituted ``and (n)'' for 
``and (o)'' in provisions preceding par. (1).
    Subsec. (m). Pub. L. 98-353, Sec. 112, substituted ``and (n)'' for 
``and (o)''.
    Subsec. (n). Pub. L. 98-531 substituted ``as a referee in bankruptcy 
and'' for ``March 31, 1979, and before the date of the enactment of the 
Bankruptcy Amendments and Federal Judgeship Act of 1984''.
    Pub. L. 98-353, Sec. 121(f), substituted ``the date of enactment of 
the Bankruptcy Amendments and Federal Judgeship Act of 1984'' for ``June 
28, 1984''.
    Pub. L. 98-353, Sec. 116(d)(3), substituted ``as a referee in 
bankruptcy and'' for ``March 31, 1979, and before June 27, 1984,''.
    Pub. L. 98-325 substituted ``June 28, 1984'' for ``June 21, 1984''.
    Pub. L. 98-299 substituted ``June 21, 1984'' for ``May 26, 1984''.
    Pub. L. 98-271 substituted ``May 26, 1984'' for ``April 1, 1984''.
    Pub. L. 98-249 which purported to amend subsec. (o) by substituting 
``May 1, 1984'' for ``April 1, 1984'' was probably intended as an 
amendment of subsec. (n). See amendment of subsec. (n) by Pub. L. 98-
271.
    1983--Subsec. (d)(6). Pub. L. 98-94, Sec. 1256(e)(1), added par. 
(6).
    Subsec. (h). Pub. L. 98-94, Sec. 1256(e)(2), inserted provision that 
the annuity computed under subsections (a), (d)(6), and (f) of this 
section for a judge of the United States Court of Military Appeals 
retiring under the second sentence of section 8336(k) of this title or 
the third sentence of section 8338(c) of this title is reducted by \1/
12\ of 1 percent for each full month not in excess of 60 months, and \1/
6\ of 1 percent for each full month in excess of 60 months, the judge is 
under 60 years of age at the date of separation.
    1982--Subsec. (e). Pub. L. 97-276 inserted ``unless such employee 
has received, pursuant to section 8342 of this title, payment of the 
lump-sum credit attributable to deductions under section 8334(a) of this 
title during any period of employment as an air traffic controller and 
such employee has not deposited in the Fund the amount received, with 
interest, pursuant to section 8334(d) of this title''.
    Subsec. (i). Pub. L. 97-253 redesignated former unnumbered 
subsection into provisions preceding par. (1) and par. (1) and (2) and 
completely revised such provisions as so redesignated. Prior to 
amendment subsec. (i) read as follows: ``The annuity computed under 
subsections (a)-(h) and (o) of this section is reduced by 10 percent of 
a deposit described by section 8334(c) of this title remaining unpaid, 
unless the employee or Member elects to eliminate the service involved 
for the purpose of annuity computation.''
    1980--Subsec. (g). Pub. L. 96-499 provided for a minimum disability 
retirement annuity where an employee or Member retiring under section 
8337 of this title was receiving retired or retainer pay for military 
service or a Veterans' Administration pension or compensation.
    Subsec. (j). Pub. L. 96-391 redesignated existing provisions as par. 
(1) and added par. (2).
    1979--Subsec. (d). Pub. L. 96-70 designated existing provisions as 
par. (1) and added pars. (2) to (4).
    Subsec. (d)(5). Pub. L. 96-135, Sec. 1(b), added par. (5).
    Subsec. (h). Pub. L. 96-135, Sec. 1(c), inserted references to 
subsections (d)(5) and (j) of this section.
    Subsecs. (n), (o). Pub. L. 96-54 redesignated subsec. (o) as (n). 
Former subsec. (n) redesignated (m) by Pub. L. 94-126.
    1978--Subsec. (d). Pub. L. 95-256 substituted ``(b)'' for ``(g)''.
    Subsec. (f). Pub. L. 95-598, Sec. 338(a)(1), inserted reference to 
subsec. (o) of this section.
    Subsec. (h). Pub. L. 95-454, Sec. 412(b), substituted ``section 
8336(d) or (h)'' for ``section 8336(d)''.
    Subsec. (i). Pub. L. 95-598, Sec. 338(a)(2), inserted reference to 
subsec. (o) of this section.
    Subsec. (j). Pub. L. 95-598, Sec. 338(a)(3), inserted reference to 
subsec. (o) of this section.
    Pub. L. 95-454, Sec. 906(a)(2), (3), substituted ``Office of 
Personnel Management'' and ``Office'' for ``Civil Service Commission'' 
and ``Commission'', respectively.
    Pub. L. 95-317, Sec. 1(a), inserted ``(or is remarried if there is 
no election in effect under the following sentence)'' after ``or Member 
is not married'', and substituted provisions authorizing, upon 
remarriage, an irrevocable election in a signed writing received by the 
Commission within 1 year after remarriage for a reduction and 
computation of such reduction, for provisions authorizing the annuity, 
upon remarriage, to be reduced by the same percentage reductions in 
effect at the time of retirement.
    Subsec. (k). Pub. L. 95-454, Sec. 906(a)(3), substituted ``Office'' 
for ``Commission'' wherever appearing.
    Subsec. (k)(1). Pub. L. 95-598, Sec. 338(a)(3), inserted reference 
to subsec. (o) of this section.
    Pub. L. 95-317, Sec. 2, inserted provisions relating to 
recomputation and payment of an annuity reduced under this par. or any 
similar prior provision of law.
    Subsec. (k)(2). Pub. L. 95-317, Sec. 1(c), substituted ``The reduced 
annuity shall be effective the first day of the first month beginning 1 
year after the date of marriage'' for ``His reduced annuity is effective 
the first day of the month after his election is received in the 
Commission''.
    Subsec. (l). Pub. L. 95-598, Sec. 338(a)(4), inserted reference to 
subsec. (o) of this section.
    Subsec. (m). Pub. L. 95-598, Sec. 338(a)(5), inserted reference to 
subsec. (o) of this section.
    Pub. L. 95-519 inserted provision relating to computation of days of 
unused sick leave for employees excepted from subchapter I of chapter 63 
of this title.
    Subsec. (o). Pub. L. 95-598, Sec. 338(a)(6), added subsec. (o).
    1976--Subsec. (f)(2)(C). Pub. L. 94-397 substituted ``8344(d)(1)'' 
for ``8344(b)(1)''.
    1975--Subsecs. (m), (n). Pub. L. 94-126 struck out subsec. (m) which 
required that 45 per centum of each year, or fraction thereof, of 
service referred to in section 8332(b)(6) which was performed prior to 
the effective date of the National Guard Technicians Act of 1968, be 
disregarded in determining service for the purpose of computing an 
annuity under each paragraph of this section, and redesignated subsec. 
(n) as (m).
    1974--Subsec. (d). Pub. L. 93-350 inserted reference to employees 
retiring under section 8335(g) of this title and substituted a schedule 
of 2\1/2\ percent of his average pay multiplied by so much of his total 
service as does not exceed 20 years plus 2 percent of his average pay 
multiplied by so much of his total service as exceeds 20 years for a 
schedule of 2 percent of his average pay multiplied by his total 
service.
    Subsec. (f)(2). Pub. L. 93-260 substituted ``greatest'' for 
``greater'', redesignated cl. (B) as cl. (C), and added cl. (B).
    Subsec. (j). Pub. L. 93-474 inserted provision that an annuity 
reduced under this subsection or any similar provision of law shall be 
recomputed and paid as if the annuity had not been so reduced for each 
full month during which a retired employee or member is not married and 
that upon marriage the annuity shall be reduced by the same percentage 
reductions which were in effect at the time of retirement.
    1972--Subsec. (e). Pub. L. 92-297, Sec. 6(1), (2), added subsec. (e) 
and redesignated former subsec. (e) as (f).
    Subsec. (f). Pub. L. 92-297, Secs. 6(1), 7(3)(A), redesignated 
former subsec. (e) as (f) and substituted references to subsecs. (a) to 
(e) for references to subsecs. (a) to (d). Former subsec. (f) 
redesignated (g).
    Subsec. (g). Pub. L. 92-297, Sec. 6(1), redesignated former subsec. 
(f) as (g). Former subsec. (g) redesignated (h).
    Subsec. (h). Pub. L. 92-297, Secs. 6(1), 7(3)(B), redesignated 
former subsec. (g) as (h) and substituted ``subsections (a), (b), and 
(f)'', ``subsections (c) and (f)'', and ``section 8336(g)'' for 
``subsections (a), (b), and (e)'', ``subsections (c) and (e)'', and 
``section 8336(f)'' respectively. Former subsec. (h) redesignated (i).
    Subsec. (i). Pub. L. 92-297, Secs. 6(1), 7(3)(C), redesignated 
former subsec. (h) as (i) and substituted reference to subsections (a)-
(h) for reference to subsections (a)-(g). Former subsec. (i) 
redesignated (j).
    Subsec. (j). Pub. L. 92-297, Secs. 6(1), 7(3)(D), redesignated 
former subsec. (i) as (j) and substituted reference to subsections (a) 
to (i) for reference to subsections (a) to (h). Former subsec. (j) 
redesignated (k).
    Subsec. (k). Pub. L. 92-297, Secs. 6(1), 7(3)(E), redesignated 
former subsec. (j) as (k) and substituted ``subsections (a)-(i)'' and 
``subsection (j)'' for ``subsections (a)-(h)'' and ``subsection (i)'', 
respectively. Former subsec. (k) redesignated (l).
    Subsec. (l). Pub. L. 92-297, Secs. 6(1), 7(3)(F), redesignated 
former subsec. (k) as (l) and substituted ``subsections (a)-(e)'' for 
``subsections (a)-(j)''. Former subsec. (l) redesignated (m).
    Subsec. (m). Pub. L. 92-297, Sec. 6(1) redesignated former subsec. 
(l) as (m). Former subsec. (m) redesignated (n).
    Subsec. (n). Pub. L. 92-297, Secs. 6(1), 7(3)(G), redesignated 
former subsec. (m) as (n) and substituted ``subsections (a)-(e)'' and 
``subsection (f)'' for ``subsections (a)-(d)'' and ``subsection (e)'', 
respectively.
    1971--Subsec. (i). Pub. L. 91-658, Sec. 2(a), substituted ``any 
spouse surviving him'' for ``his spouse''.
    Subsec. (j). Pub. L. 91-658, Sec. 2(b), designated existing 
provisions as par. (1) and added par. (2).
    1969--Subsec. (b). Pub. L. 91-93, Sec. 203(1), substituted ``his 
service as a Congressional employee, his military service not exceeding 
5 years,'' for ``so much of his service as a Congressional employee and 
his military service as does not exceed a total of 15 years''.
    Subsec. (c)(2). Pub. L. 91-93, Sec. 203(2), struck out ``so much 
of'' and ``as does not exceed 15 years'' before and after ``his 
Congressional employee service''.
    Subsec. (f). Pub. L. 91-93, Sec. 203(3), struck out last sentence 
providing ``However, this subsection does not increase the annuity of a 
survivor.''
    Subsec. (i). Pub. L. 91-93, Sec. 203(4), struck out ``(excluding any 
increase because of retirement under section 8337 of this title)'' after 
``subsections (a)-(h) of this section''.
    Subsec. (m). Pub. L. 91-93, Sec. 203(5), added subsec. (m).
    1968--Subsec. (l). Pub. L. 90-486 added subsec. (l).
    1967--Subsec. (e)(2). Pub. L. 90-206 inserted provision for the use 
of the final basic pay of the appointive position of a former Member who 
elects to have his annuity computed or recomputed under section 
8344(b)(1) of this title inmaking the determination of the maximum 
allowable annuity.

                         Change of Name

    ``United States magistrate judge'' substituted for ``United States 
magistrate'' wherever appearing in subsec. (n) pursuant to section 321 
of Pub. L. 101-650, set out as a note under section 631 of Title 28, 
Judiciary and Judicial Procedure.


                    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 1997 Amendment

    Amendment by Pub. L. 105-61 applicable to any annuity commencing 
before, on, or after Oct. 10, 1997, and effective with regard to any 
payment made after the first month following Oct. 10, 1997, see section 
516(b) of Pub. L. 105-61, set out as a note under section 8334 of this 
title.


                    Effective Date of 1993 Amendment

    Section 11004(c) of Pub. L. 103-66 provided that:
    ``(1) In general.--The amendments made by this section [amending 
this section and sections 8334 and 8418 of this title] shall take effect 
on the first day of the first month beginning at least 30 days after the 
date of the enactment of this Act [Aug. 10, 1993] and shall apply to all 
deposits required under section 8339(j)(3) or (5), 8339(k)(2), or 8418 
of title 5, United States Code, on which no payment has been made prior 
to such effective date.
    ``(2) Partial deposit.--For any deposit required under section 
8339(j)(3) or (5), 8339(k)(2), or 8418 of title 5, United States Code, 
or section 4(b) or (c) of the Civil Service Retirement Spouse Equity Act 
of 1984 [Pub. L. 98-615] (5 U.S.C. 8341 note) that has been partially, 
but not fully, paid before the effective date of this Act [probably 
should be ``the effective date of the amendments made by this 
section''], the Office shall by regulation provide for determining the 
remaining portion of the deposit and for payment of the remaining 
portion of the deposit by a prospective reduction in the annuity of the 
employee or Member. The reduction shall be similar to the reductions 
provided pursuant to the amendments made under this section.''


                    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 Amendments

    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.
    Amendment by Pub. L. 101-508 effective with respect to any annuity 
having a commencement date later than Dec. 1, 1990, see section 
7001(b)(3) of Pub. L. 101-508, set out as a note under section 8334 of 
this title.
    Section 2(c)(2) of Pub. L. 101-428 provided that:
    ``(A) The amendment made by paragraph (1) [amending this section] 
shall take effect 4 years after the date of enactment of this Act [Oct. 
15, 1990], and shall apply with respect to any annuity, entitlement to 
which is based on a separation occurring on or after that effective 
date, subject to subparagraph (B).
    ``(B) Nothing in this subsection or in the amendment made by this 
subsection [amending this section] shall, with respect to any service 
performed before the effective date of such amendment, have the effect 
of reducing the percentage applicable in computing any portion of an 
annuity based on such service below the percentage which would otherwise 
apply if this Act had not been enacted.''


                    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 1986 Amendments

    Section 15204(b), formerly 15204(c), of Pub. L. 99-272, as 
redesignated by Pub. L. 99-509, title VII, Sec. 7003(b), Oct. 21, 1986, 
100 Stat. 1949, provided that: ``The amendments made by this section 
[amending this section, section 8341 of this title, and former section 
4109 of Title 38, Veterans' Benefits] shall be effective with respect to 
service performed on or after the date of the enactment of this Act 
[Apr. 7, 1986].''
    Section 203(d) of Pub. L. 99-251 provided that: ``The amendments 
made by this section [amending this section] shall take effect May 7, 
1985.''
    Section 307(b) of Pub. L. 99-251 provided that:
    ``(1) The amendment made by subsection (a) [amending this section] 
shall take effect 3 months after the date of the enactment of this Act 
[Feb. 27, 1986].
    ``(2)(A) Subject to subparagraph (B), the amendment made by 
subsection (a) shall apply with respect to employees and Members who 
retire before, on, or after such amendment first takes effect.
    ``(B) For the purpose of applying the provisions of paragraph (1) of 
section 8339(o) of title 5, United States Code (as added by subsection 
(a) of this section) to employees and Members who retire before the date 
on which the amendment made by subsection (a) first takes effect--
        ``(i) the period referred to in subparagraph (A) or (B) of such 
    paragraph (as the case may be) shall be considered to begin on the 
    date on which such amendment first becomes effective; and
        ``(ii) the amount referred to in paragraph (2) of such section 
    8339(o) shall be computed without regard to the provisions of 
    subparagraph (B)(ii) of such paragraph (relating to interest).
    ``(3) For purposes of this subsection, the terms `employee' and 
`Member' each has the meaning given that term in sections 8331(1) and 
8331(2) of title 5, United States Code, respectively.''


                    Effective Date of 1984 Amendments

    Amendment by Pub. L. 98-615 effective May 7, 1985, with enumerated 
exceptions and specific applicability provisions, see section 4(a)(1), 
(4) of Pub. L. 98-615, as amended, set out as a note under section 8341 
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 Amendments

    Section 151(h)(3) of Pub. L. 97-276 provided that: ``The amendment 
made by subsection 152(f) [151(f)] of this joint resolution [amending 
this section] shall take effect on the date of the enactment of this 
joint resolution [Oct. 2, 1982].''
    Amendment by Pub. L. 97-253 effective with respect to deposits for 
service performed, on or after Oct. 1, 1982, and with respect to refunds 
for which application is received by Office of Personnel Management on 
or after Oct. 1, 1982, and provisions of section 8339(i) of title 5, as 
in effect the day before Sept. 7, 1982, to continue to apply with 
respect to periods of service and refunds occurring on or before Sept. 
30, 1982, see section 303(d)(1) of Pub. L. 97-253, as amended by Pub. L. 
97-346, Sec. 3(j)(1), Oct. 15, 1982, 96 Stat. 1649, set out as a note 
under section 8334 of this title.


                    Effective Date of 1980 Amendments

    Section 404(c) of Pub. L. 96-499 provided that: ``The amendments 
made by this section [amending this section and section 8347 of this 
title] shall take effect on the date of the enactment of this Act [Dec. 
5, 1980].''
    Section 3 of Pub. L. 96-391 provided that: ``The amendments made by 
the first section of this Act [amending this section] shall take effect 
with respect to notifications and designations made under the first 
sentence of section 8339(j) of title 5, United States Code, on or after 
the ninetieth day after the date of the enactment of this Act [Oct. 7, 
1980].''


                    Effective Date of 1979 Amendments

    Amendment by Pub. L. 96-135 effective Dec. 5, 1979, see section 1(d) 
of Pub. L. 96-135, set out as a note under section 8336 of this title.
    Section 1242(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.''
    Amendment by Pub. L. 96-54 effective July 12, 1979, see section 2(b) 
of Pub. L. 96-54, set out as a note under section 305 of this title.


                    Effective Date of 1978 Amendments

    Amendment by Pub. L. 95-598 effective Nov. 6, 1978, see section 
402(d) of Pub. L. 95-598, set out as an Effective Date note preceding 
section 101 of Title 11, Bankruptcy.
    Amendment by Pub. L. 95-519 applicable only with respect to 
employees who retire or die on or after Oct. 25, 1978, see section 4(b) 
of Pub. L. 95-519, set out as a note under section 5551 of this title.
    Amendment by section 412(b) 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.
    Amendment by section 906(a)(2), (3) 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 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 1978 Amendments; Survivor Annuities Subject to 
                             Reduction, Etc.

    Section 4 of Pub. L. 95-317 provided that:
    ``(a) This act [amending this section and section 8341 of this title 
and enacting provisions set out as notes under this section] shall take 
effect--
        ``(1) the first day of the first month which begins on or after 
    the date of the enactment of this Act [July 10, 1978], or
        ``(2) October 1, 1978,
whichever is later.
    ``(b) Except as provided under subsection (c) of this section, the 
amendments made by the first section and section 2 of this Act [amending 
this section and section 8341 of this title] shall apply with respect to 
annuities which commence before, on, or after the effective date of this 
Act, but no monetary benefit by reason of such amendments shall accrue 
for any period before such effective date.
    ``(c) The amendments made by the first section of this Act [amending 
this section and section 8341 of this title] shall not affect the 
eligibility of any individual to a survivor annuity under section 
8341(b) of title 5, United States Code, or the reduction therefor under 
section 8339(j) of such title, in the case of an annuitant who remarried 
before the effective date of this Act, unless the annuitant notifies the 
Civil Service Commission in a signed writing received in the Commission 
within one year after the effective date of this Act that such annuitant 
does not desire the spouse of the annuitant to receive a survivor 
annuity in the event of the annuitant's death. Such notification shall 
take effect the first day of the first month after it is received in the 
Commission.''


                    Effective Date of 1976 Amendment

    Amendment by Pub. L. 94-397 effective Oct. 1, 1976, and applicable 
to annuitants serving in appointive or elective positions on and after 
such date, see section 2 of Pub. L. 94-397, set out as a note under 
section 8344 of this title.


                    Effective Date of 1975 Amendment

    Amendment by Pub. L. 94-126 effective Jan. 1, 1969, applicable to a 
person who, on Nov. 12, 1975, is receiving or is entitled to receive 
benefits under any Federal retirement system and requests in writing the 
application of the amendment to him by the office administering his 
retirement system, and additional benefits to commence Dec. 1, 1975, see 
section 3 of Pub. L. 94-126, set out as a note under section 8334 of 
this title.


                    Effective Date of 1974 Amendments

    Section 2 of Pub. L. 93-474 provided that: ``The amendment made by 
this Act [amending this section] shall apply to annuities which commence 
before, on, or after the date of enactment of this Act [Oct. 26, 1974], 
but no increase in annuity shall be paid for any period prior to the 
first day of the first month which begins on or after the date of 
enactment of this Act.''
    Amendment by Pub. L. 93-350 effective on July 12, 1974, see section 
7 of Pub. L. 93-350, set out as a note under section 3307 of this title.
    Section 2(b) of Pub. L. 93-260 provided that: ``The amendments made 
by subsection (a) of this section [amending this section] shall apply to 
annuities paid for months beginning after the date of enactment of this 
Act [Apr. 9, 1974].''


                    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.


                    Effective Date of 1971 Amendment

    Section 5(b) of Pub. L. 91-658 provided that: ``The amendments made 
by section 2(a) and 3 of this Act [amending this section and section 
8341 of this title] shall not apply in the cases of employees, Members, 
or annuitants who died before the date of enactment of this Act [Jan. 8, 
1971]. The rights of such persons and their survivors shall continue in 
the same manner and to the same extent as if such amendments had not 
been enacted.''
    Section 5(c) of Pub. L. 91-658 provided that: ``The amendments made 
by section 2(b) of this Act [amending this section] shall apply to an 
annuitant who was unmarried at the time of retiring, but who later 
married, only if the election is made within 1 year after the date of 
enactment of this Act [Jan. 8, 1971].''


                    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.


                    Effective Date of 1968 Amendment

    Amendment by Pub. L. 90-486 effective Jan. 1, 1969, except that no 
deductions or withholding from salary which result therefrom shall 
commence before first day of first pay period that begins on or after 
Jan. 1, 1968, see section 11 of Pub. L. 90-486, set out as a note under 
section 709 of Title 32, National Guard.


                    Effective Date of 1967 Amendment

    Amendment by Pub. L. 90-206 effective Dec. 16, 1967, see section 
220(a)(1) of Pub. L. 90-206, set out as an Effective Date note under 
section 3110 of this title.


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

    Section 1242(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.''


Annual Notice to Annuitant of Rights of Election Under Subsecs. (j) and 
                         (k)(2) of This Section

    Section 3 of Pub. L. 95-317, as amended by 1978 Reorg. Plan No. 2, 
Sec. 102, 43 F.R. 36037, 92 Stat. 3783, provided that: ``The Director of 
the Office of Personnel Management shall, on an annual basis, inform 
each annuitant of such annuitant's rights of election under sections 
8339(j) and 8339(k)(2) of title 5, United States Code.''


   Increase in Annuity for Employees or Members Separated From Civil 
                     Service Prior to Oct. 20, 1969

    Section 2(a) of Pub. L. 93-273, Apr. 26, 1974, 88 Stat. 93, provided 
that: ``An annuity payable from the Civil Service Retirement and 
Disability Fund to a former employee or Member, which is based on a 
separation occurring prior to October 20, 1969, is increased by $240.''
    Section 3 of Pub. L. 93-273 provided in part that annuity increases 
under this provision shall apply to annuities which commence before, on, 
or after Apr. 26, 1974, but that no increase in annuity shall be paid 
for any period prior to the first day of the first month which begins on 
or after the ninetieth day after Apr. 26, 1974, or the date on which the 
annuity commences, whichever is later. See section 3 of Pub. L. 93-273, 
set out as a note under section 8345 of this title.


   1970 Increase in Pay Rates of Certain Employees of the Legislative 
                                 Branch

    Adjustment by the President pro tempore of the Senate with respect 
to the United States Senate, by the Finance Clerk of the House of 
Representatives with respect to the United States House of 
Representatives, and by the Architect of the Capitol with respect to the 
Office of the Architect of the Capitol, effective on the first day of 
the first pay period which begins on or after Dec. 27, 1969, of the 
rates of pay of employees of the legislative branch subject to section 
214 of Pub. L. 90-206 with certain exceptions, by the amounts of the 
adjustment for corresponding rates for employees subject to the General 
Schedule, set out in section 5332 of this title, which had been made by 
section 2 of Pub. L. 91-231 raising such rates by 6 percent, see Pub. L. 
91-231, set out as a note under section 5332 of this title.


         1967 Increase in Compensation as Part of Basic Pay Rate

    Section 214(d) of Pub. L. 90-206, title II, Dec. 16, 1967, 81 Stat. 
636, providing for the inclusion of the additional compensation pursuant 
to section 214 of Pub. L. 90-206 as part of basic pay for purposes of 
civil service retirement, was repealed by section 7(a)(4) of Pub. L. 90-
623, Oct. 22, 1968, 82 Stat. 1315, except with respect to rights and 
duties which matured, penalties that were incurred, and proceedings that 
were begun before Oct. 22, 1968.


                       1962 Increase in Annuities

    Section 1101 of Pub. L. 87-793, Oct. 11, 1962, 76 Stat. 868, 
provided that:
    ``(a) The annuity of each person who, on the effective date of this 
section [Jan. 1, 1963], is receiving or entitled to receive an annuity 
from the civil service retirement and disability fund shall be increased 
by 5 per centum of the amount of such annuity.
    ``(b) The annuity of each person who receives or is entitled to 
receive an annuity from the civil service retirement and disability fund 
commencing during the period which begins on the day following the 
effective date of this section [Jan. 1, 1963] and ends five years after 
such date, shall be increased in accordance with the following table:


------------------------------------------------------------------------
                                                           The annuity
         ``If the annuity commences between--               shall be
                                                         increased by--
------------------------------------------------------------------------
``January 2, 1963, and December 31, 1963..............      4 per centum
``January 1, 1964, and December 31, 1964..............      3 per centum
``January 1, 1965, and December 31, 1965..............      2 per centum
``January 1, 1966, and December 31, 1966..............      1 per centum
------------------------------------------------------------------------


    ``(c) In lieu of any other increase provided by this section, the 
annuity of a survivor of a retired employee or Member of Congress who 
received an increase under this section shall be increased by a 
percentage equal to the percentage by which the annuity of such employee 
or Member was so increased.
    ``(d) No increase provided by this section shall be computed on any 
additional annuity purchased at retirement by voluntary contributions.
    ``(e) The limitation reading `or (3) the sum necessary to increase 
such annuity, exclusive of annuity purchased by voluntary contributions 
under the second paragraph of section 10 of this Act, to $2,160' 
contained in section 8(c)(1) of the Civil Service Retirement Act of May 
29, 1930, as amended by the Acts of July 16, 1952 (66 Stat. 722; Public 
Law 555, Eighty-second Congress), and August 31, 1954 (68 Stat. 1043; 
Public Law 747, Eighty-third Congress), shall not be effective on or 
after the effective date of this section [Jan. 1, 1963].
    ``(f) The limitation contained in the next to the last sentence of 
section 8(d)(1) of the Civil Service Retirement Act of May 29, 1930, as 
amended, as enacted by the Act of August 11, 1955 (69 Stat. 692; Public 
Law 369, Eighty-fourth Congress) shall not be effective on and after the 
effective date of this section [Jan. 1, 1963].
    ``(g) The increases provided by this section shall take effect on 
the effective date of this section [Jan. 1, 1963], except that any 
increase under subsection (b) or (c) shall take effect on the beginning 
date of the annuity.
    ``(h) The monthly installment of annuity after adjustment under this 
section shall be fixed at the nearest dollar''.
    Section 1104 of Pub. L. 87-793 provided in part that section 1101 of 
Pub. L. 87-793 shall take effect on January 1, 1963.


                       1958 Increase in Annuities

    Pub. L. 85-465, June 25, 1958, 72 Stat. 218, as amended by Pub. L. 
86-604, Sec. 3(a), July 7, 1960, 74 Stat. 359; Pub. L. 87-114, July 31, 
1961, 75 Stat. 241, provided:
    ``That (a) the annuity of each retired employee or Member of 
Congress who, on August 1, 1958, is receiving or entitled to receive an 
annuity from the civil service retirement and disability fund based on 
service which terminated prior to October 1, 1956, shall be increased by 
10 per centum, but no such increase shall exceed $500 per annum.
    ``(b) The annuity otherwise payable from the civil service 
retirement and disability fund to--
        ``(1) each survivor who on August 1, 1958, is receiving or 
    entitled to receive an annuity based on service which terminated 
    prior to October 1, 1956, and
        ``(2) each survivor of a retired employee or Member of Congress 
    described in subsection (a) of this section,
shall be increased by 10 per centum. No increase provided by this 
subsection shall exceed $250 per annum.
    ``(c) No increase provided by this section shall be computed on any 
additional annuity purchased at retirement by voluntary contributions.
    ``Sec. 2. The unmarried widow or widower of an employee--
        ``(1) who had completed at least ten years of service creditable 
    for civil service retirement purposes.
        ``(2) who (A) died February 29, 1948, or (B), if retired under 
    the Alaska Railroad Retirement Act of June 29, 1936, as amended, or 
    under sections 91 to 107, inclusive, of title 2 of the Canal Zone 
    Code, approved June 19, 1934, as amended, died before April 1, 1948; 
    and
        ``(3) who was at the time of his death
            (A) subject to an Act under which annuities granted before 
        February 20, 1948, were or are now payable from the civil 
        service retirement and disability fund or (B) retired under such 
        an Act,
            (B) etc.
    shall be entitled to receive an annuity. In order to qualify for 
    such annuity, the widow or widower shall have been married to the 
    employee for at least five years immediately prior to his death and 
    must be not entitled to any other annuity from the civil service 
    retirement and disability fund based on the service of such 
    employee. Such annuity shall be equal to one-half of the annuity 
    which the employee was receiving on the date of his death if 
    retired, or would have been receiving if he had been retired for 
    disability on the date of his death, but shall not exceed $750 per 
    annum and shall not be increased by the provisions of this or any 
    other prior law. Any annuity granted under this section shall cease 
    upon the death or remarriage of the widow or widower.
    ``Sec. 3. (a) An increase in annuity provided by subsection (a), or 
clause (1) of subsection (b), of the first section of this Act shall 
take effect on August 1, 1958. An increase in annuity provided by clause 
(2) of such subsection (b) shall take effect on the commencing date of 
the survivor annuity.
    ``(b) An annuity provided by section 2 of this Act shall commence on 
August 1, 1958, or on the first day of the month in which application 
for such annuity is received in the Civil Service Commission, whichever 
occurs later.
    ``Sec. 4. Notwithstanding any other provision of law, the annuities 
and increases in annuities provided by the preceding sections of this 
Act shall be paid from the civil service retirement and disability fund.
    ``(c) The monthly installment of each annuity increased or provided 
by this Act shall be fixed at the nearest dollar.
    ``Sec. 5. (a) The amendments made by section 401 of the Civil 
Service Retirement Act Amendments of 1956 (70 Stat. 743-760; 5 U.S.C. 
2251-2267) [amending provisions covered by this subchapter] may apply at 
the option of any employee who, prior to July 31, 1956, was separated 
from the service under the automatic separation provisions of the Civil 
Service Retirement Act [this subchapter] but whose separation would not 
have taken effect until after July 30, 1965, if he had been permitted to 
remain in the service until the expiration of any accumulated or current 
accrued annual leave to his credit at the time of his separation from 
the service. Such option shall be exercised by a writing received in the 
Civil Service Commission before January 1, 1959.
    ``(b) No increase in annuity provided by this Act or any prior 
provision of law shall apply in the case of any retired employee who 
exercises the option permitted by subsection (a) of this section.''


           1962 and 1958 Increases in Annuities; Clarification

    Pub. L. 89-17, May 1, 1965, 79 Stat. 109, provided: ``That for the 
purposes of section 1(a) of the Act of June 25, 1958 (Public Law 85-465) 
[1958 Increase in Annuities note set out above], and section 1101(a) of 
the Act of October 11, 1962 (Public Law 87-793) [1962 Increase in 
Annuities note set out under this section], the words `entitled to 
receive an annuity' shall, from and after the respective effective dates 
(August 1, 1958, and January 1, 1963) of the annuity increases provided 
by such Acts, not include any person whose annuity commencing date 
occurs after the effective date of the annuity increase involved.''


   Payment of Annuities to Certain Unremarried Widows or Widowers of 
   Employees Retired Under Railroad Retirement Act or Canal Zone Code

    Section 3(b), (c) of Pub. L. 86-604, July 7, 1960, 74 Stat. 359, 
made section 4 of act June 25, 1958, set out in the 1958 Increase in 
Annuities note under this section, applicable to annuities authorized by 
section 2(2)(B) of act June 25, 1958, and provided that such annuities 
should commence Aug. 1, 1958, or on the first day of the month in which 
application therefor was received in the Civil Service Commission, 
whichever occurred later.


Estimates of Appropriations for Reimbursing Fund for Amounts Paid Under 
                       1958 Increase in Annuities

    Pub. L. 91-93, title I, Sec. 105, Oct. 20, 1969, 83 Stat. 138, 
repealed part of Pub. L. 87-141, title I, Sec. 101, Aug. 17, 1961, 75 
Stat. 345, which required the Civil Service Commission to include 
annually in its estimates to the Bureau of the Budget, estimates of 
appropriations necessary to reimburse the civil service retirement and 
disability fund for amounts paid out of the fund by reason of enactment 
of Pub. L. 85-465, set out in the 1958 Increase in Annuities note under 
this section, and the Bureau of the Budget to submit such estimates 
annually to the Congress.


                       Annuity of Director of FBI

    Pub. L. 86-734, Sec. 5, Sept. 8, 1960, 74 Stat. 868, provided that: 
``Any person who shall retire for age after serving at least thirty 
years as Director of the Federal Bureau of Investigation shall receive 
an annuity during the remainder of his life equal to the salary payable 
to him at the time of his retirement.''


                       National Guard Technicians

    Amendment by Pub. L. 90-486 not applicable to persons employed prior 
to Jan. 1, 1969, whose employment was covered by the civil service 
retirement provisions of section 8331 et seq. of this title, see section 
5(d) of Pub. L. 90-486, set out as a note under section 709 of Title 32, 
National Guard.

                  Section Referred to in Other Sections

    This section is referred to in sections 6129, 8332, 8334, 8336, 
8337, 8338, 8341, 8342, 8343a, 8344, 8348, 8901, 8905 of this title; 
title 10 sections 1450, 1452; title 22 sections 3671, 3691, 4045, 4046, 
4069-1; title 38 section 7426; title 50 section 403r.
