
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: 5USC8414]

 
             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. 8414. Early retirement

    (a)(1) A member of the Senior Executive Service who is removed from 
the Senior Executive Service for failure to be recertified as a senior 
executive under section 3393a or for less than fully successful 
executive performance (as determined under subchapter II of chapter 43 
of this title) after completing 25 years of service, or after becoming 
50 years of age and completing 20 years of service, is entitled to an 
annuity.
    (2) A member of the Defense Intelligence Senior Executive Service or 
the Senior Cryptologic Executive Service who is removed from such 
service for failure to be recertified as a senior executive or for less 
than fully successful executive performance after completing 25 years of 
service, or after becoming 50 years of age and completing 20 years of 
service, is entitled to an annuity.
    (3) A member of the Federal Bureau of Investigation and Drug 
Enforcement Administration Senior Executive Service who is removed from 
such service for failure to be recertified as a senior executive or for 
less than fully successful executive performance after completing 25 
years of service or after becoming 50 years of age and completing 20 
years of service is entitled to an annuity.
    (b)(1) Except as provided in paragraphs (2) and (3), an employee 
who--
        (A) is separated from the service involuntarily, except by 
    removal for cause on charges of misconduct or delinquency; or
        (B) except in the case of an employee who is separated from the 
    service under a program carried out under subsection (d), while 
    serving in a geographic area designated by the Director, is 
    separated from the service voluntarily during a period in which (as 
    determined by the Director)--
            (i) the agency in which the employee is serving is 
        undergoing a major reorganization, a major reduction in force, 
        or a major transfer of function; and
            (ii) a significant percentage of the total number of 
        employees serving in such agency will be separated or subject to 
        an immediate reduction in the rate of basic pay (without regard 
        to subchapter VI of chapter 53 of this title or comparable 
        provisions);

after completing 25 years of service, or after becoming 50 years of age 
and completing 20 years of service, is entitled to an annuity.
    (2) An employee under paragraph (1) who is separated as described in 
subparagraph (A) of such paragraph is not entitled to an annuity under 
this subsection if the employee has declined a reasonable offer of 
another position in the employee's agency for which the employee is 
qualified, and the offered position is not lower than 2 grades (or pay 
levels) below the employee's grade (or pay level) and is within the 
employee's commuting area.
    (3) Paragraph (1) shall not apply to an employee entitled to an 
annuity under subsection (d) or (e) of section 8412.
    (c)(1) An employee who was hired as a military reserve technician on 
or before February 10, 1996 (under the provisions of this title in 
effect before that date), and who is separated from technician service, 
after becoming 50 years of age and completing 25 years of service, by 
reason of being separated from the Selected Reserve of the employee's 
reserve component or ceasing to hold the military grade specified by the 
Secretary concerned for the position held by the employee is entitled to 
an annuity.
    (2) An employee who is initially hired as a military technician 
(dual status) after February 10, 1996, and who is separated from the 
Selected Reserve or ceases to hold the military grade specified by the 
Secretary concerned for the position held by the technician--
        (A) after completing 25 years of service as a military 
    technician (dual status), or
        (B) after becoming 50 years of age and completing 20 years of 
    service as a military technician (dual status),

is entitled to an annuity.
    (d)(1) The Secretary of Defense may, during fiscal years 2002 and 
2003, carry out a program under which an employee of the Department of 
Defense may be separated from the service entitled to an immediate 
annuity under this subchapter if the employee--
        (A) has--
            (i) completed 25 years of service; or
            (ii) become 50 years of age and completed 20 years of 
        service; and

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

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

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

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

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

(Added Pub. L. 99-335, title I, Sec. 101(a), June 6, 1986, 100 Stat. 
526; amended Pub. L. 100-325, Sec. 2(m), May 30, 1988, 102 Stat. 583; 
Pub. L. 101-194, title V, Sec. 506(b)(9), Nov. 30, 1989, 103 Stat. 1759; 
Pub. L. 105-261, div. A, title XI, Sec. 1109(b), Oct. 17, 1998, 112 
Stat. 2144; Pub. L. 106-58, title VI, Sec. 651(b), Sept. 29, 1999, 113 
Stat. 480; Pub. L. 106-65, div. A, title V, Sec. 522(b), Oct. 5, 1999, 
113 Stat. 597; Pub. L. 106-398, Sec. 1 [[div. A], title XI, 
Sec. 1152(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A-321.)

                   Application of Subsection (b)(1)(B)

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

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

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

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

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

                      (I) one or more organizational units;

                 (II) one or more occupational series or levels;

                    (III) one or more geographical locations;

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

                (V) any appropriate combination of such factors;


                               Amendments

    2000--Subsec. (b)(1)(B). Pub. L. 106-398, Sec. 1 [[div. A], title 
XI, Sec. 1152(b)(1)], inserted ``except in the case of an employee who 
is separated from the service under a program carried out under 
subsection (d),'' before ``while serving'' in introductory provisions.
    Subsec. (d). Pub. L. 106-398, Sec. 1 [[div. A], title XI, 
Sec. 1152(b)(2)], added subsec. (d).
    1999--Subsec. (b)(1)(B). Pub. L. 106-58 repealed Pub. L. 105-261, 
Sec. 1109(b)(1). See 1998 Amendment note below.
    Subsec. (c). Pub. L. 106-65 amended subsec. (c) generally. Prior to 
amendment, subsec. (c) read as follows: ``A military reserve technician 
who is separated from technician service, after becoming 50 years of age 
and completing 25 years of service, by reason of ceasing to satisfy the 
condition described in section 8401(30)(B) is entitled to an annuity.''
    Subsec. (d). Pub. L. 106-58 repealed Pub. L. 105-261, 
Sec. 1109(b)(2). See 1998 Amendment note below.
    1998--Subsec. (b)(1)(B). Pub. L. 105-261, Sec. 1109(b)(1), which 
directed insertion of ``except in the case of an employee described in 
subsection (d)(1),'' after ``(B)'', was repealed by Pub. L. 106-58.
    Subsec. (d). Pub. L. 105-261, Sec. 1109(b)(2), which directed 
addition of subsec. (d), relating to authority of Department of Defense 
to offer employees voluntary early retirement, was repealed by Pub. L. 
106-58.
    1989--Subsec. (a)(1). Pub. L. 101-194, Sec. 506(b)(9)(A), 
substituted ``for failure to be recertified as a senior executive under 
section 3393a or for'' for ``for''.
    Subsec. (a)(2), (3). Pub. L. 101-194, Sec. 506(b)(9)(B), (C), 
substituted ``for failure to be recertified as a senior executive or 
for'' for ``for''.
    1988--Subsec. (a)(3). Pub. L. 100-325 added par. (3).


                    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.


          General Accounting Office: Voluntary Early Retirement

    For provisions relating to the application of subsection (b)(1)(B) 
of this section to officers and employees of the General Accounting 
Office during the period beginning on Oct. 13, 2000 and ending on Dec. 
31, 2003, see section 1 of Pub. L. 106-303, set out as a note under 
section 8336 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 5597, 6302, 8420, 8421, 
8421a, 8456, 8462, 8464, 8901 of this title; title 10 section 10218; 
title 50 sections 2053, 2442.
