
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC8344]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                   Subpart G--Insurance and Annuities
 
                         CHAPTER 83--RETIREMENT
 
                SUBCHAPTER III--CIVIL SERVICE RETIREMENT
 
Sec. 8344. Annuities and pay on reemployment

    (a) If an annuitant receiving annuity from the Fund, except--
        (1) a disability annuitant whose annuity is terminated because 
    of his recovery or restoration of earning capacity;
        (2) an annuitant whose annuity, based on an involuntary 
    separation (other than an automatic separation or an involuntary 
    separation for cause on charges of misconduct or delinquency), is 
    terminated under subsection (b) of this section;
        (3) an annuitant whose annuity is terminated under subsection 
    (c) of this section; or
        (4) a Member receiving annuity from the Fund;

becomes employed in an appointive or elective position, his service on 
and after the date he is so employed is covered by this subchapter. 
Deductions for the Fund may not be withheld from his pay unless the 
individual elects to have such deductions withheld under subparagraph 
(A). An amount equal to the annuity allocable to the period of actual 
employment shall be deducted from his pay, except for lump-sum leave 
payment purposes under section 5551 of this title. The amounts so 
deducted shall be deposited in the Treasury of the United States to the 
credit of the Fund. If the annuitant serves on a full-time basis, except 
as President, for at least 1 year, on a part-time basis for periods 
equivalent to at least 1 year of full-time service, in employment not 
excluding him from coverage under section 8331(1)(i) or (ii) of this 
title--
        (A) deductions for the Fund may be withheld from his pay (if the 
    employee so elects), and his annuity on termination of employment is 
    increased by an annuity computed under section 8339(a), (b), (d), 
    (e), (h), (i), (n), (q), (r), and (s) as may apply based on the 
    period of employment and the basic pay, before deduction, averaged 
    during that employment; and
        (B) his lump-sum credit may not be reduced by annuity paid 
    during that employment.

If the annuitant is receiving a reduced annuity as provided in section 
8339(j) or section 8339(k)(2) of this title, the increase in annuity 
payable under subparagraph (A) of this subsection is reduced by 10 
percent and the survivor annuity payable under section 8341(b) of this 
title is increased by 55 percent of the increase in annuity payable 
under such subparagraph (A), unless, at the time of claiming the 
increase payable under such subparagraph (A), the annuitant notifies the 
Office of Personnel Management in writing that he does not desire the 
survivor annuity to be increased. If the annuitant dies while still 
reemployed, the survivor annuity payable is increased as though the 
reemployment had otherwise terminated. If the described employment of 
the annuitant continues for at least 5 years, or the equivalent of 5 
years in the case of part-time employment, he may elect, instead of the 
benefit provided by subparagraph (A) of this subsection, to deposit in 
the Fund (to the extent deposits or deductions have not otherwise been 
made) an amount computed under section 8334(c) of this title covering 
that employment and have his rights redetermined under this subchapter. 
If the annuitant dies while still reemployed and the described 
employment had continued for at least 5 years, or the equivalent of 5 
years in the case of part-time employment, the person entitled to 
survivor annuity under section 8341(b) of this title may elect to 
deposit in the Fund and have his rights redetermined under this 
subchapter.
    (b) If an annuitant, other than a Member receiving an annuity from 
the Fund, whose annuity is based on an involuntary separation (other 
than an automatic separation or an involuntary separation for cause or 
charges on misconduct or delinquency) is reemployed in a position in 
which he is subject to this subchapter, payment of the annuity 
terminates on reemployment.
    (c) If an annuitant, other than a Member receiving an annuity from 
the Fund, is appointed by the President to a position in which he is 
subject to this subchapter, or is elected as a Member, payment of the 
annuity terminates on reemployment. Upon separation from such position, 
an individual whose annuity is so terminated is entitled to have his 
rights redetermined under this subchapter, except that the amount of the 
annuity resulting from such redetermination shall be at least equal to 
the amount of the terminated annuity plus any increases under section 
8340 of this title occurring after the termination and before the 
commencement of the redetermined annuity.
    (d) If a Member receiving annuity from the Fund becomes employed in 
an appointive or elective position, annuity payments are discontinued 
during the employment and resumed on termination of the employment in 
the amount equal to the sum of the amount of the annuity the member was 
receiving immediately before the commencement of the employment and the 
amount of the increases which would have been made in the amount of the 
annuity under section 8340 of this title during the period of the 
employment if the annuity had been payable during that period, except 
that--
        (1) the retired Member or Member separated with title to 
    immediate or deferred annuity, who serves at any time after 
    separation as a Member in an appointive position in which he is 
    subject to this subchapter, is entitled, if he so elects, to have 
    his Member annuity computed or recomputed as if the service had been 
    performed before his separation as a Member and the annuity as so 
    computed or recomputed is effective--
            (A) the day Member annuity commences; or
            (B) the day after the date of separation from the appointive 
        position;

    whichever is later;
        (2) if the retired Member becomes employed after December 31, 
    1958, in an appointive position on an intermittent-service basis--
            (A) his annuity continues during the employment and is not 
        increased as a result of service performed during that 
        employment;
            (B) retirement deductions may not be withheld from his pay;
            (C) an amount equal to the annuity allocable to the period 
        of actual employment shall be deducted from his pay, except for 
        lump-sum leave payment purposes under section 5551 of this 
        title; and
            (D) the amounts so deducted shall be deposited in the 
        Treasury of the United States to the credit of the Fund;

        (3) if the retired Member becomes employed after December 31, 
    1958, in an appointive position without pay on a full-time or 
    substantially full-time basis, his annuity continues during the 
    employment and is not increased as a result of service performed 
    during the employment; and
        (4) if the retired Member takes office as Member and gives 
    notice as provided by section 8331(2) of this title, his service as 
    Member during that period shall be credited in determining his right 
    to and the amount of later annuity.

    (e) This section does not apply to an individual appointed to serve 
as a Governor of the Board of Governors of the United States Postal 
Service.
    (f) Notwithstanding the provisions of subsection (a) of this 
section, if an annuitant receiving annuity from the Fund, except a 
Member receiving annuity from the Fund, becomes employed as a justice or 
judge of the United States, as defined by section 451 of title 28, 
annuity payments are discontinued during such employment and are resumed 
in the same amount upon resignation or retirement from regular active 
service as such a justice or judge.
    (g) A former employee or a former Member who becomes employed as a 
justice or judge of the United States, as defined by section 451 of 
title 28, may, at any time prior to resignation or retirement from 
regular active service as such a justice or judge, apply for and be 
paid, in accordance with section 8342(a) of this title, the amount (if 
any) by which the lump-sum credit exceeds the total annuity paid, 
notwithstanding the time limitation contained in such section for filing 
an application for payment.
    (h)(1) Subject to paragraph (2) of this subsection, subsections (a), 
(b), (c), and (d) of this section shall not apply to any annuitant 
receiving an annuity from the Fund while such annuitant is employed, 
during any period described in section 5532(f) of this title (as in 
effect before the repeal of that section by section 651(a) of Public Law 
106-65) or any portion thereof, under the administrative authority of 
the Administrator, Federal Aviation Administration, or the Secretary of 
Defense to perform duties in the operation of the air traffic control 
system or to train other individuals to perform such duties: Provided, 
however, That the amount such an annuitant may receive in pay, excluding 
premium pay, in any pay period when aggregated with the annuity payable 
during that same period shall not exceed the rate payable for level V of 
the Executive Schedule.
    (2) Paragraph (1) of this subsection shall apply only in the case of 
any annuitant receiving an annuity from the Fund who, before December 
31, 1987, applied for retirement or separated from the service while 
being entitled to an annuity under this chapter.
    (i)(1) The Director of the Office of Personnel Management may, at 
the request of the head of an Executive agency--
        (A) waive the application of the preceding provisions of this 
    section on a case-by-case basis for employees in positions for which 
    there is exceptional difficulty in recruiting or retaining a 
    qualified employee; or
        (B) grant authority to the head of such agency to waive the 
    application of the preceding provisions of this section, on a case-
    by-case basis, for an employee serving on a temporary basis, but 
    only if, and for so long as, the authority is necessary due to an 
    emergency involving a direct threat to life or property or other 
    unusual circumstances.

    (2) The Office shall prescribe regulations for the exercise of any 
authority under this subsection, including criteria for any exercise of 
authority and procedures for terminating a delegation of authority under 
paragraph (1)(B).
    (j)(1) If warranted by circumstances described in subsection 
(i)(1)(A) or (B) (as applicable), the Director of the Administrative 
Office of the United States Courts shall, with respect to an employee in 
the judicial branch, have the same waiver authority as would be 
available to the Director of the Office of Personnel Management, or a 
duly authorized agency head, under subsection (i) with respect to an 
employee of an Executive agency.
    (2) Authority under this subsection may not be exercised with 
respect to a justice or judge of the United States, as defined in 
section 451 of title 28.
    (k)(1) If warranted by circumstances described in subsection 
(i)(1)(A) or (B) (as applicable), an official or committee designated in 
paragraph (2) shall, with respect to the employees specified in the 
applicable subparagraph of such paragraph, have the same waiver 
authority as would be available to the Director of the Office of 
Personnel Management, or a duly authorized agency head, under subsection 
(i) with respect to an employee of an Executive agency.
    (2) Authority under this subsection may be exercised--
        (A) with respect to an employee of an agency in the legislative 
    branch, by the head of such agency;
        (B) with respect to an employee of the House of Representatives, 
    by the Committee on House Oversight of the House of Representatives; 
    and
        (C) with respect to an employee of the Senate, by the Committee 
    on Rules and Administration of the Senate.

    (3) Any exercise of authority under this subsection shall be in 
conformance with such written policies and procedures as the agency 
head, the Committee on House Oversight of the House of Representatives, 
or the Committee on Rules and Administration of the Senate (as 
applicable) shall prescribe, consistent with the provisions of this 
subsection.
    (4) For the purpose of this subsection, ``agency in the legislative 
branch'', ``employee of the House of Representatives'', ``employee of 
the Senate'', and ``congressional employee'' each has the meaning given 
to it in section 5531 of this title.
    (l)(1) For the purpose of subsections (i) through (k), ``Executive 
agency'' shall not include the General Accounting Office.
    (2) An employee as to whom a waiver under subsection (i), (j), or 
(k) is in effect shall not be considered an employee for purposes of 
this chapter or chapter 84 of this title.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 581; Pub. L. 90-83, Sec. 1(83), 
Sept. 11, 1967, 81 Stat. 217; Pub. L. 91-375, Sec. 6(c)(20), Aug. 12, 
1970, 84 Stat. 776; Pub. L. 91-658, Sec. 4, Jan. 8, 1971, 84 Stat. 1962; 
Pub. L. 92-297, Sec. 7(5), May 16, 1972, 86 Stat. 145; Pub. L. 94-397, 
Sec. 1(a)-(c), Sept. 3, 1976, 90 Stat. 1202, 1303; Pub. L. 95-454, title 
IX, Sec. 906(a)(14), Oct. 13, 1978, 92 Stat. 1226; Pub. L. 95-598, title 
III, Sec. 338(d), Nov. 6, 1978, 92 Stat. 2681; Pub. L. 96-179, Sec. 4, 
Jan. 2, 1980, 93 Stat. 1299; Pub. L. 96-504, Sec. 1, Dec. 5, 1980, 94 
Stat. 2741; Pub. L. 97-141, Sec. 5(a), Dec. 29, 1981, 95 Stat. 1719; 
Pub. L. 97-276, Sec. 151(g), Oct. 2, 1982, 96 Stat. 1202; Pub. L. 97-
346, Sec. 3(j)(2), Oct. 15, 1982, 96 Stat. 1649; Pub. L. 98-353, title 
I, Sec. 112, July 10, 1984, 98 Stat. 343; Pub. L. 98-396, title I, Aug. 
22, 1984, 98 Stat. 1403; Pub. L. 98-525, title XV, Sec. 1537(e), Oct. 
19, 1984, 98 Stat. 2636; Pub. L. 99-88, title I, Sec. 100, Aug. 15, 
1985, 99 Stat. 351; Pub. L. 99-500, Sec. 101(l), Oct. 18, 1986, 100 
Stat. 1783-308, and Pub. L. 99-591, Sec. 101(l), Oct. 30, 1986, 100 
Stat. 3341-308; Pub. L. 100-202, Secs. 101(l) [title I], 106, Dec. 22, 
1987, 101 Stat. 1329-358, 1329-362, 1329-433; Pub. L. 100-457, title I, 
Sept. 30, 1988, 102 Stat. 2129; Pub. L. 101-428, Sec. 2(d)(8), Oct. 15, 
1990, 104 Stat. 929; Pub. L. 101-509, title V, Sec. 529 [title I, 
Sec. 108(b)], Nov. 5, 1990, 104 Stat. 1427, 1450; Pub. L. 101-510, div. 
A, title XII, Sec. 1206(j)(2), Nov. 5, 1990, 104 Stat. 1664; Pub. L. 
102-190, div. A, title VI, Sec. 655(b), Dec. 5, 1991, 105 Stat. 1391; 
Pub. L. 102-378, Sec. 8(a), Oct. 2, 1992, 106 Stat. 1359; Pub. L. 105-
55, title I, Sec. 107, Oct. 7, 1997, 111 Stat. 1184; Pub. L. 105-61, 
title V, Sec. 516(a)(6), Oct. 10, 1997, 111 Stat. 1306; Pub. L. 106-398, 
Sec. 1 [[div. A], title X, Sec. 1087(f)(5)], Oct. 30, 2000, 114 Stat. 
1654, 1654A-293; Pub. L. 106-553, Sec. 1(a)(2) [title III, 
Sec. 308(h)(8)], Dec. 21, 2000, 114 Stat. 2762, 2762A-89.)

                      Historical and Revision Notes
                                1966 Act
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
                     5 U.S.C. 2263 (less (a)).     July 31, 1956, ch.
                                                    804, Sec.  401
                                                    ``Sec. 13 (less
                                                    (a))'', 70 Stat.
                                                    757.
                     ............................  July 7, 1960, Pub. L.
                                                    86-604, Sec.  1(f),
                                                    74 Stat. 358.
                     ............................  July 12, 1960, Pub.
                                                    L. 86-622, Sec.
                                                    3(a), 74 Stat. 410.
                     ............................  Oct. 4, 1961, Pub. L.
                                                    87-350, Sec.  5, 75
                                                    Stat. 771.
------------------------------------------------------------------------

    In subsections (a) and (b), the words ``except for lump-sum leave 
payment purposes under section 61b of this title'' are omitted as 
unnecessary as section 5551(a) provides that a ``lump-sum leave payment 
is considered pay for taxation purposes only''.
    In subsection (a), the words ``after September 30, 1956'' are 
substituted for ``hereafter'' on authority of Sec. 406 of the Act of 
July 31, 1956, ch. 804, 70 Stat. 761. In paragraph (2), the words 
``other than an automatic separation'' are substituted for ``excluding a 
separation under the automatic separation provisions of this chapter''. 
In the third sentence, the words ``and this provision concerning the 
lump-sum leave payments shall also be effective in the case of each 
retired employee separated from reemployment after December 15, 1953, 
and before the effective date of the Civil Service Retirement Act 
Amendments of 1956'' are omitted as executed, and any existing rights 
are preserved by technical section 8. In the fourth sentence, the words 
``except as President'' are added to preserve the exception stated in 
former section 2252(b). In the penultimate sentence, the words ``after 
October 3, 1961'' are substituted for ``on or after October 4, 1961''. 
In the last sentence, the words ``in any manner'' are omitted as 
unnecessary.
    In subsection (b), the words ``receiving annuity from the Fund'' are 
substituted for ``heretofore or hereafter retired under this chapter''. 
The word ``hereafter'' is omitted as unnecessary. In paragraph (1)(B), 
the words ``the day after'' are substituted for ``the first day of the 
month following'' on authority of former section 2264(b), which is 
carried into section 8345(b). In paragraph (1), former clause (C) is 
omitted as obsolete. In paragraph (2)(D), the words ``of the United 
States'' are omitted as unnecessary.
    Standard changes are made to conform with the definitions applicable 
and the style of this title as outlined in the preface to the report.

                                1967 Act
------------------------------------------------------------------------
                                                    Source (Statutes at
 Section of title 5       Source (U.S. Code)               Large)
------------------------------------------------------------------------
8344(a)............  5 App.: 2263(b) (last         Mar. 30, 1966, Pub.
                      sentence).                    L. 89-378, Sec.  1,
                                                    80 Stat. 93.
------------------------------------------------------------------------

    In subsection (a), the words ``after July 11, 1960'' are substituted 
for ``on or after July 12, 1960.'' In subsection (b)(1), the amendment 
is made for consistency within the subchapter.
    In the codification of 5 U.S.C. 8344 by Public Law 89-554, the words 
``except for lump-sum leave payment purposes under section 61b of this 
title'' were omitted from the third sentence of subsection (a) and from 
subsection (b)(2)(C) on the basis that they were unnecessary since 
former 5 U.S.C. 61b [now codified as 5 U.S.C. 5551(a)] provided that a 
lump-sum leave payment was considered pay for taxation purposes only. 
This amendment restores to 5 U.S.C. 8344 the language that was so 
omitted to conform to the source statute (section 13 of the Civil 
Service Retirement Act, as amended) and in recognition that the language 
was expressly placed in the source statute to overcome certain decisions 
of the Comptroller General of the United States (see 28 Comp. Gen. 294; 
33 id. 591, and 36 id. 209).

                       References in Text

    Level V of the Executive Schedule, referred to in subsec. (h)(1), is 
set out in section 5316 of this title.

                          Codification

    Amendment of subsec. (h)(2) by Pub. L. 99-500 and 99-591 is based on 
provisions under the subheading ``Federal Aviation Administration, 
Operations'', in title I of H.R. 5205 (Department of Transportation and 
Related Agencies Appropriations Act, 1987), as incorporated by reference 
by section 101(l) of Pub. L. 99-500 and 99-591, and enacted into law by 
section 106 of Pub. L. 100-202.
    Pub. L. 99-591 is a corrected version of Pub. L. 99-500.


                               Amendments

    2000--Subsec. (a)(A). Pub. L. 106-553 substituted ``(q), (r), and 
(s)'' for ``(q), and (r)''.
    Subsec. (h)(1). Pub. L. 106-398 inserted ``(as in effect before the 
repeal of that section by section 651(a) of Public Law 106-65)'' after 
``section 5532(f)(2) of this title''.
    1997--Subsec. (a)(A). Pub. L. 105-61 substituted ``(q), and (r)'' 
for ``and (q) of this title''.
    Subsec. (k)(2)(B), (3). Pub. L. 105-55 substituted ``the Committee 
on House Oversight of the House of Representatives'' for ``the Speaker 
of the House of Representatives''.
    1992--Subsec. (i). Pub. L. 102-378 repealed Pub. L. 101-510, 
Sec. 1206(j)(2). See 1990 Amendment note below.
    1991--Subsec. (i)(3). Pub. L. 102-190, Sec. 655(b)(2), struck out 
par. (3) which read as follows: ``An employee to whom a waiver under 
subparagraph (A) or (B) of paragraph (1) applies shall not be deemed an 
employee for the purposes of this chapter or chapter 84 while such 
waiver is in effect.''
    Subsecs. (j) to (l). Pub. L. 102-190, Sec. 655(b)(1), added subsecs. 
(j) to (l).
    1990--Subsec. (a)(A). Pub. L. 101-428 substituted ``(i), (n), and 
(q)'' for ``(i), and (n)''.
    Subsec. (i). Pub. L. 101-510, Sec. 1206(j)(2), added a subsec. (i) 
identical to that added by Pub. L. 101-509, see below. Pub. L. 102-378, 
Sec. 8(a), repealed Pub. L. 101-510, Sec. 1206(j)(2), and provided that 
this title shall read as if such section 1206(j)(2) had not been 
enacted.
    Pub. L. 101-509 added subsec. (i).
    1988--Subsec. (h)(2). Pub. L. 100-457 substituted ``1987'' for 
``1986''.
    1987--Subsec. (h)(2). Pub. L. 100-202, Sec. 101(l) [title I], 
substituted ``December 31, 1986'' for ``April 1, 1986''.
    For amendment by section 106 of Pub. L. 100-202, see 1986 Amendment 
note below.
    1986--Subsec. (h)(2). Pub. L. 99-500 and Pub. L. 99-591, 
Sec. 101(l), as enacted by Pub. L. 100-202, Sec. 106, substituted 
``April 1, 1986'' for ``April 1, 1985''. See Codification note above.
    1985--Subsec. (h)(1). Pub. L. 99-88 inserted proviso directing that 
the amount an annuitant may receive in pay, excluding premium pay, in 
any pay period when aggregated with the annuity payable during that same 
period shall not exceed the rate payable for level V of the Executive 
Schedule.
    Subsec. (h)(2). Pub. L. 99-88 substituted ``April 1, 1985'' for 
``August 3, 1981''.
    1984--Subsec. (a)(A). Pub. L. 98-353 substituted ``and (n)'' for 
``and (o)''.
    Subsec. (d). Pub. L. 98-396 substituted ``on termination of the 
employment in the amount equal to the sum of the amount of the annuity 
the member was receiving immediately before the commencement of the 
employment and the amount of the increases which would have been made in 
the amount of the annuity under section 8340 of this title during the 
period of the employment if the annuity had been payable during that 
period'' for ``in the same amount on termination of the employment''.
    Subsec. (h)(1). Pub. L. 98-525 inserted ``or the Secretary of 
Defense''.
    1982--Subsec. (a). Pub. L. 97-346 inserted ``unless the individual 
elects to have such deductions withheld under subparagraph (A)'' and 
``(to the extent deposits or deductions have not otherwise been made)''.
    Subsec. (a)(4)(A). Pub. L. 97-346 inserted ``deductions for the Fund 
may be withheld from his pay (if the employee so elects)''.
    Subsec. (h). Pub. L. 97-276 added subsec. (h).
    1981--Subsec. (c). Pub. L. 97-141 inserted provision that upon 
separation from such position, an individual whose annuity is so 
terminated is entitled to have his rights redetermined under this 
subchapter, except that the amount of the annuity resulting from such 
redetermination shall be at least equal to the amount of the terminated 
annuity plus any increases under section 8340 of this title occurring 
after the termination and before the commencement of the redetermined 
annuity.
    1980--Subsec. (c). Pub. L. 96-179 inserted ``or is elected as a 
Member,'' after ``subject to this subchapter,''.
    Subsecs. (f), (g). Pub. L. 96-504 added subsecs. (f) and (g).
    1978--Subsec. (a). Pub. L. 95-598 inserted reference to subsec. (o) 
of section 8339 of this title in par. (A).
    Pub. L. 95-454 substituted ``Office of Personnel Management'' for 
``Commission'' in provisions following par. (B).
    1976--Subsec. (a). Pub. L. 94-397, Sec. 1(a), inserted provisions 
requiring applicability to annuitants whose annuity is terminated under 
subsecs. (b) and (c) of this section, authorizing deducted amounts to be 
deposited in the Treasury to the credit of the Fund, and covering 
described employment continuing for the equivalent of five years in the 
case of part-time employment, and struck out provisions requiring 
employment after Sept. 30, 1956, or service on July 31, 1956, for 
application of coverage, and redetermination rights for an annuitant 
whose annuity is based on involuntary separation from the service and 
who is separated after July 11, 1960 for full-time employment began 
before Oct. 1, 1956.
    Subsecs. (b), (c). Pub. L. 94-397, Sec. 1(b), added subsecs. (b) and 
(c). Former subsecs. (b) and (c) redesignated (d) and (e), respectively.
    Subsec. (d). Pub. L. 94-397, Sec. 1(b), (c), redesignated former 
subsec. (b) as (d) and struck out prohibition of application of subsec. 
to a Member appointed by the President to a position not requiring 
confirmation by the Senate.
    Subsec. (e). Pub. L. 94-397, Sec. 1(b), redesignated former subsec. 
(c) as (e).
    1972--Subsec. (a). Pub. L. 92-297 substituted ``section 8339(a), 
(b), (d), (e), (h), and (i)'' for ``section 8339(a), (b), (d), (g), and 
(h)'', in subpar. (A), and ``section 8339(j) or section 8339(k)(2)'' for 
``section 8339(i) or section 8339(j)(2)'', in sentence following cl. 
(ii).
    1971--Subsec. (a). Pub. L. 91-658 substituted provisions respecting 
reemployed annuitants and reduction in their annuity and increase in 
survivor annuity, notice to Commission of a desire not to increase the 
survivor annuity, increase in survivor annuity where annuitant dies 
while still reemployed, and redetermination of rights to survivor 
annuity where reemployment continued for five or more years upon 
election to deposit in the Fund, for prior provision that employment of 
an annuitant did not create an annuity for or affect the annuity of a 
survivor.
    1970--Subsec. (c). Pub. L. 91-375 added subsec. (c).

                         Change of Name

    Committee on House Oversight of House of Representatives changed to 
Committee on House Administration of House of Representatives by House 
Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999.


                    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 1992 Amendment

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


                    Effective Date of 1990 Amendment

    Amendment by Pub. L. 101-509 effective on such date as the President 
shall determine, but not earlier than 90 days, and not later than 180 
days, after Nov. 5, 1990, see section 529 [title III, Sec. 305] of Pub. 
L. 101-509, set out as an Effective Date of 1990 Amendment note under 
section 5301 of this title.


                    Effective Date of 1986 Amendment

    Section 106 of Pub. L. 100-202 provided that the amendment by Pub. 
L. 99-500 and 99-591 is effective on date of enactment [Oct. 18, 1986] 
of the ``pertinent joint resolution'' making continuing appropriations 
for fiscal year 1987 [Pub. L. 99-500 and 99-591].


                    Effective Date of 1984 Amendments

    Amendment by Pub. L. 98-525 effective Oct. 1, 1984, see section 
1537(f) of Pub. L. 98-525, set out as a note under section 4109 of this 
title.
    Amendment by Pub. L. 98-353 effective July 10, 1984, see section 
122(a) of Pub. L. 98-353, set out as an Effective Date note under 
section 151 of Title 28, Judiciary and Judicial Procedure.


                    Effective Date of 1982 Amendment

    Amendment by Pub. L. 97-276 effective at 5 o'clock ante meridian 
eastern daylight time, Aug. 3, 1981, see section 151(h)(1) of Pub. L. 
97-276, set out as an Effective Date note under section 5546a of this 
title.


                    Effective Date of 1981 Amendment

    Section 5(b) of Pub. L. 97-141 provided that:
    ``(1) Subject to paragraph (2), the amendment made by subsection (a) 
[amending this section] shall apply to individuals whose annuities 
terminate under section 8344(c) of title 5, United States Code, on or 
after October 1, 1976.
    ``(2) In the case of an individual whose reemployment ended before 
the date of the enactment of this Act [Dec. 29, 1981], the amendment 
shall apply only upon application by the individual to the Office of 
Personnel Management within one year after the date of enactment. Upon 
receipt of such application, the Office shall recompute the annuity, 
effective as of the day following the day reemployment ended.''


                    Effective Date of 1980 Amendment

    Section 6 of Pub. L. 96-504 provided that:
    ``(a) The provisions of this Act [amending this section, repealing 
section 375 of Title 28, Judiciary and Judicial Procedure, and enacting 
provisions set out as notes under sections 8342 of this title and 
section 376 of Title 28] shall take effect on--
        ``(1) the date of the enactment of this Act [Dec. 5, 1980], or
        ``(2) October 1, 1980,
whichever date is later.
    ``(b) The provisions of subsection (f) of section 8344 of title 5, 
United States Code, as added by the first section of this Act, shall 
apply only to an individual who becomes employed as a justice or judge 
of the United States on or after the effective date of this Act. The 
provisions of subsection (g) of such section, as added by the first 
section of this Act, shall apply to an individual employed as a justice 
or judge of the United States on the effective date of this Act and to 
an individual appointed as such a justice or judge on or after such 
effective date.''


                    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. 95-454 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.


                    Effective Date of 1976 Amendment

    Section 2 of Pub. L. 94-397 provided that:
    ``(a) Except as provided under subsection (b) of this section, the 
amendments made by this Act [amending this section and section 8339 of 
this title] shall become effective on the date of the enactment of this 
Act [Sept. 3, 1976] or October 1, 1976, whichever is later, and shall 
apply to annuitants serving in appointive or elective positions on and 
after such date.
    ``(b) The amendment made by subsection (c) of the first section of 
this Act [amending this section] shall become effective on the date of 
the enactment of this Act [Sept. 3, 1976] or October 1, 1976, whichever 
is later, but shall not apply to any annuitant reemployed before such 
date.''


                    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(d) of Pub. L. 91-658 provided that: ``The amendment made 
by section 4 of this Act [amending this section] shall apply only with 
respect to a reemployed annuitant whose employment terminates on or 
after the date of enactment of this Act [Jan. 8, 1971].''


                    Effective Date of 1970 Amendment

    Amendment by Pub. L. 91-375 effective within 1 year after Aug. 12, 
1970, on date established therefor by Board of Governors of United 
States Postal Service and published by it in Federal Register, see 
section 15(a) of Pub. L. 91-375, set out as an Effective Date note 
preceding section 101 of Title 39, Postal Service.


                    Effective Date of 1967 Amendment

    Amendment by section 1(83)(A), (D) of Pub. L. 90-83 effective as of 
Sept. 6, 1966, for all purposes, see section 9(h) of Pub. L. 90-83, set 
out as a note under section 5102 of this title.


                  Elimination of Duplicative Amendments

    Pub. L. 102-378, Sec. 8(a), Oct. 2, 1992, 106 Stat. 1359, provided 
that: ``Subsections (i) and (j) of section 1206 of the Defense 
Acquisition Workforce Improvement Act, as contained in the National 
Defense Authorization Act for Fiscal Year 1991 (Public Law 101-510; 104 
Stat. 1662, 1663) [enacting section 5380 of this title, amending this 
section and sections 5532 and 8468 of this title, and enacting 
provisions set out as notes under sections 5532 and 5380 of this title], 
are repealed, and title 5, United States Code, shall read as if such 
subsections had not been enacted.''


                        Annual Report to Congress

    Pub. L. 102-190, div. A, title VI, Sec. 655(d), Dec. 5, 1991, 105 
Stat. 1393, provided that:
    ``(1) For the purpose of this subsection, the term `agency in the 
legislative branch' has the meaning given such term by section 5531(4) 
of title 5, United States Code, as amended by subsection (a).
    ``(2) Each agency in the legislative branch shall submit to the 
Speaker of the House of Representatives and the Committee on Rules and 
Administration of the Senate, for each calendar year, a written report 
on how any authority made available as a result of the enactment of this 
section [amending this section and sections 5531, 5532, and 8468 of this 
title] was used by such agency during the period covered by such report.
    ``(3) A report under this subsection--
        ``(A) shall include the number of instances in which each type 
    of authority was exercised, the circumstances justifying the 
    exercise of authority, and, unless previously submitted, a 
    description of the policies and procedures governing each type of 
    authority exercised; and
        ``(B) shall be submitted not later than 30 days after the end of 
    the calendar year to which it relates.''


                Commission on the Operation of the Senate

    Pub. L. 94-252, Mar. 30, 1976, 90 Stat. 294, provided that: ``On and 
after the date of the enactment of the joint resolution [Mar. 30, 1976], 
the provisions of section 8344 of title 5, United States Code, shall not 
apply to any individual serving as a member of the Commission on the 
Operation of the Senate.''

                  Section Referred to in Other Sections

    This section is referred to in section 8339 of this title; title 16 
sections 463, 5958; title 20 section 4512; title 22 section 2512; title 
28 sections 625, 634; title 39 section 1005.
