
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(b)(3)]
[Document affected by Public Law 107-135 Section 122(a)]
[Document affected by Public Law 107-135 Section 122(c)]
[CITE: 5USC8415]

 
             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. 8415. Computation of basic annuity

    (a) Except as otherwise provided in this section, the annuity of an 
employee retiring under this subchapter is 1 percent of that 
individual's average pay multiplied by such individual's total service.
    (b) The annuity of a Member, or former Member with title to a Member 
annuity, retiring under this subchapter is computed under subsection 
(a), except that if the individual has had at least 5 years of service 
as a Member or Congressional employee, or any combination thereof, so 
much of the annuity as is computed with respect to either such type of 
service (or a combination thereof), not exceeding a total of 20 years, 
shall be computed by multiplying 1\7/10\ percent of the individual's 
average pay by the years of such service.
    (c) The annuity of a Congressional employee, or former Congressional 
employee, retiring under this subchapter is computed under subsection 
(a), except that if the individual has had at least 5 years of service 
as a Congressional employee or Member, or any combination thereof, so 
much of the annuity as is computed with respect to either such type of 
service (or a combination thereof), not exceeding a total of 20 years, 
shall be computed by multiplying 1\7/10\ percent of the individual's 
average pay by the years of such service.
    (d) The annuity of an employee retiring under subsection (d) or (e) 
of section 8412 or under subsection (a), (b), or (c) of section 8425 
is--
        (1) 1\7/10\ percent of that individual's average pay multiplied 
    by so much of such individual's total service as does not exceed 20 
    years; plus
        (2) 1 percent of that individual's average pay multiplied by so 
    much of such individual's total service as exceeds 20 years.

    (e)(1) In computing an annuity under this subchapter for an employee 
whose service includes service 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 the 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.
    (f)(1) The annuity of an employee or Member retiring under section 
8412(g) or 8413(b) is computed in accordance with applicable provisions 
of this section, except that the annuity shall be reduced by five-
twelfths of 1 percent for each full month by which the commencement date 
of the annuity precedes the sixty-second anniversary of the birth of the 
employee or Member.
    (2)(A) Paragraph (1) does not apply in the case of an employee or 
Member retiring under section 8412(g) or 8413(b) if the employee or 
Member would satisfy the age and service requirements for title to an 
annuity under section 8412(a), (b), (d)(2), (e)(2), or (f)(2), 
determined as if the employee or Member had, as of the date of 
separation, attained the age specified in subparagraph (B).
    (B) A determination under subparagraph (A) shall be based on how old 
the employee or Member will be as of the date on which the annuity under 
section 8412(g) or 8413(b) is to commence.
    (g)(1) In applying subsection (a) with respect to an employee under 
paragraph (2), the percentage applied under such subsection shall be 1.1 
percent, rather than 1 percent.
    (2) This subsection applies in the case of an employee who--
        (A) retires entitled to an annuity under section 8412; and
        (B) at the time of the separation on which entitlement to the 
    annuity is based, is at least 62 years of age and has completed at 
    least 20 years of service;

but does not apply in the case of a Congressional employee, military 
technician (dual status), law enforcement officer, member of the Supreme 
Court Police, firefighter, nuclear materials courier, or air traffic 
controller.
    (h) 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 8422(g), 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.
    (i)(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 section 8452; and
        (B) a survivor annuity under subchapter IV, if based on the 
    service of an individual who dies before separating from service.

(Added Pub. L. 99-335, title I, Sec. 101(a), June 6, 1986, 100 Stat. 
527; amended Pub. L. 99-556, title I, Sec. 105(b)(2), Oct. 27, 1986, 100 
Stat. 3132; Pub. L. 103-283, title III, Sec. 307(b)(2), July 22, 1994, 
108 Stat. 1442; Pub. L. 105-61, title V, Sec. 516(a)(7), Oct. 10, 1997, 
111 Stat. 1306; Pub. L. 105-261, div. C, title XXXI, Sec. 3154(h), Oct. 
17, 1998, 112 Stat. 2255; Pub. L. 106-65, div. A, title V, 
Sec. 522(c)(1), Oct. 5, 1999, 113 Stat. 597; Pub. L. 106-553, 
Sec. 1(a)(2) [title III, Sec. 308(c)(2)], Dec. 21, 2000, 114 Stat. 2762, 
2762A-87; Pub. L. 106-571, Sec. 3(c)(1), Dec. 28, 2000, 114 Stat. 3055.)

                       References in Text

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


                               Amendments

    2000--Subsec. (g). Pub. L. 106-553 inserted ``member of the Supreme 
Court Police,'' after ``law enforcement officer,'' in concluding 
provisions.
    Subsec. (i). Pub. L. 106-571 added subsec. (i).
    1999--Subsec. (g)(2). Pub. L. 106-65 substituted ``military 
technician (dual status)'' for ``military reserve technician'' in 
concluding provisions.
    1998--Subsec. (g)(2). Pub. L. 105-261 inserted ``nuclear materials 
courier,'' after ``firefighter,'' in concluding provisions.
    1997--Subsec. (h). Pub. L. 105-61 added subsec. (h).
    1994--Subsec. (d). Pub. L. 103-283 substituted ``(a), (b), or (c)'' 
for ``(a) or (b)''.
    1986--Subsec. (f)(2). Pub. L. 99-556 inserted ``8412(g) or'' in 
subpars. (A) and (B).


                    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 1998 Amendment

    Amendment by Pub. L. 105-261 effective at the beginning of the first 
pay period that begins after Oct. 17, 1998, and applicable only to an 
individual who is employed as a nuclear materials courier, as defined by 
section 8331(27) or 8401(33) of this title, after Oct. 17, 1998, see 
section 3154(m), (n) of Pub. L. 105-261, set out as a 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.


 Clarification Relating to Consideration of Pre-1987 Service as an Air 
               Traffic Controller for Retirement Purposes

    See section 2 of Pub. L. 100-92, set out as a note under section 
8332 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 8418, 8419, 8420, 8420a, 
8421, 8442, 8452, 8468 of this title; title 22 sections 4045, 4046, 
4071d; title 38 section 7426; title 50 section 2153.
