
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC8413]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                   Subpart G--Insurance and Annuities
 
            CHAPTER 84--FEDERAL EMPLOYEES' RETIREMENT SYSTEM
 
                      SUBCHAPTER II--BASIC ANNUITY
 
Sec. 8413. Deferred retirement

    (a) An employee or Member who is separated from the service, or 
transferred to a position in which the employee or Member does not 
continue subject to this chapter, after completing 5 years of service is 
entitled to an annuity beginning at the age of 62 years.
    (b)(1) An employee or Member who is separated from the service, or 
transferred to a position in which the employee or Member does not 
continue subject to this chapter, after completing 10 years of service 
but before attaining the applicable minimum retirement age under section 
8412(h) is entitled to an annuity beginning on the date designated by 
the employee or Member in a written election under this subsection. The 
date designated under this subsection may not precede the date on which 
the employee or Member attains such minimum retirement age and must 
precede the date on which the employee or Member becomes 62 years of 
age.
    (2) The election of an annuity under this subsection shall not be 
effective unless--
        (A) it is made at such time and in such manner as the Office 
    shall by regulation prescribe; and
        (B) the employee or Member will not otherwise be eligible to 
    receive an annuity within 31 days after filing the election.

    (3) The election of an annuity under this subsection extinguishes 
the right of the employee or Member to receive any other annuity based 
on the service on which the annuity under this subsection is based.

(Added Pub. L. 99-335, title I, Sec. 101(a), June 6, 1986, 100 Stat. 
525; amended Pub. L. 99-556, title I, Sec. 105(b)(1), Oct. 27, 1986, 100 
Stat. 3132.)


                               Amendments

    1986--Subsec. (b)(1). Pub. L. 99-556 inserted ``but before attaining 
the applicable minimum retirement age under section 8412(h)'' in first 
sentence and substituted ``such minimum retirement age'' for ``the 
applicable minimum retirement age under section 8412(h)'' in second 
sentence.

                  Section Referred to in Other Sections

    This section is referred to in sections 8415, 8420, 8442, 8445, 
8462, 8464 of this title; title 22 section 4071d.
