
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 107-27 Section 2(b)]
[CITE: 5USC8425]

 
             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. 8425. Mandatory separation

    (a) An air traffic controller who is otherwise eligible for 
immediate retirement under section 8412(e) shall be separated from the 
service on the last day of the month in which that air traffic 
controller becomes 56 years of age or completes 20 years of service if 
then over that age. The Secretary, under such regulations as the 
Secretary may prescribe, may exempt a controller having exceptional 
skills and experience as a controller from the automatic separation 
provisions of this subsection until that controller becomes 61 years of 
age. The Secretary shall notify the controller in writing of the date of 
separation at least 60 days before that date. Action to separate the 
controller is not effective, without the consent of the controller, 
until the last day of the month in which the 60-day notice expires.
    (b) A firefighter who is otherwise eligible for immediate retirement 
under section 8412(d) shall be separated from the service on the last 
day of the month in which such firefighter becomes 55 years of age or 
completes 20 years of service if then over that age. A law enforcement 
officer or nuclear materials courier who is otherwise eligible for 
immediate retirement under section 8412(d) shall be separated from the 
service on the last day of the month in which that law enforcement 
officer or nuclear materials courier becomes 57 years of age or 
completes 20 years of service if then over that age. If the head of the 
agency judges that the public interest so requires, that agency head may 
exempt such an employee from automatic separation under this subsection 
until that employee becomes 60 years of age. The employing office shall 
notify the employee in writing of the date of separation at least 60 
days before that date. Action to separate the employee is not effective, 
without the consent of the employee, until the last day of the month in 
which the 60-day notice expires.
    (c) A member of the Capitol Police who is otherwise eligible for 
immediate retirement under section 8412(d) shall be separated from the 
service on the last day of the month in which such member becomes 57 
years of age or completes 20 years of service if then over that age. The 
Capitol Police Board, when in its judgment the public interest so 
requires, may exempt such a member from automatic separation under this 
subsection until that member becomes 60 years of age. The Board shall 
notify the member in writing of the date of separation at least 60 days 
before that date. Action to separate the member is not effective, 
without the consent of the member, until the last day of the month in 
which the 60-day notice expires.
    (d) A member of the Supreme Court Police who is otherwise eligible 
for immediate retirement under section 8412(d) shall be separated from 
the service on the last day of the month in which such member becomes 57 
years of age or completes 20 years of service if then over that age. The 
Marshal of the Supreme Court of the United States, when in his judgment 
the public interest so requires, may exempt such a member from automatic 
separation under this subsection until that member becomes 60 years of 
age. The Marshal shall notify the member in writing of the date of 
separation at least 60 days before the date. Action to separate the 
member is not effective, without the consent of the member, until the 
last day of the month in which the 60-day notice expires.
    (e) The President, by Executive order, may exempt an employee (other 
than a member of the Capitol Police or Supreme Court Police) from 
automatic separation under this section if the President determines the 
public interest so requires.

(Added Pub. L. 99-335, title I, Sec. 101(a), June 6, 1986, 100 Stat. 
540; amended Pub. L. 101-428, Sec. 3(b)(1)(A), (2), Oct. 15, 1990, 104 
Stat. 929, 930; Pub. L. 101-509, title V, Sec. 529 [title IV, 
Sec. 409(b)], Nov. 5, 1990, 104 Stat. 1427, 1468; Pub. L. 102-378, 
Sec. 2(67), Oct. 2, 1992, 106 Stat. 1354; Pub. L. 103-283, title III, 
Sec. 307(b)(1), July 22, 1994, 108 Stat. 1441; Pub. L. 105-261, div. C, 
title XXXI, Sec. 3154(k), Oct. 17, 1998, 112 Stat. 2256; Pub. L. 106-
553, Sec. 1(a)(2) [title III, Sec. 308(c)(5)], Dec. 21, 2000, 114 Stat. 
2762, 2762A-87.)


                               Amendments

    2000--Subsec. (d). Pub. L. 106-553, Sec. 1(a)(2) [title III, 
Sec. 308(c)(5)(A)], added subsec. (d). Former subsec. (d) redesignated 
(e).
    Subsec. (e). Pub. L. 106-553, Sec. 1(a)(2) [title III, 
Sec. 308(c)(5)], redesignated subsec. (d) as (e) and substituted 
``Police or Supreme Court Police)'' for ``Police)''.
    1998--Subsec. (b). Pub. L. 105-261, in second sentence, inserted 
``or nuclear materials courier'' after ``law enforcement officer'' in 
two places.
    1994--Subsec. (b). Pub. L. 103-283, Sec. 307(b)(1)(A), struck out 
``member of the Capitol Police or'' before ``firefighter who is'' and 
``member or'' before ``firefighter becomes'' in first sentence.
    Subsecs. (c), (d). Pub. L. 103-283, Sec. 307(b)(1)(B), (C), added 
subsec. (c) and redesignated former subsec. (c) as (d).
    1992--Subsec. (b). Pub. L. 102-378 amended first sentence generally 
and, in second sentence, substituted ``becomes'' for ``become''. Prior 
to amendment, first sentence read as follows: ``A law enforcement 
officer, member of the Capitol Police, or firefighter who is otherwise 
eligible for immediate retirement under section 8412(d) shall be 
separated from the service on the last day of the month in which that 
law enforcement officer, member of the Capitol Police, or firefighter 
becomes 55 years of age or completes 20 years of service if then over 
that age.''
    1990--Subsec. (b). Pub. L. 101-509, Sec. 529 [title IV, 
Sec. 409(b)(1)], which directed the amendment of subsec. (b) by striking 
out ``law enforcement officer or'' wherever appearing in first sentence, 
could not be executed because of a prior amendment by Pub. L. 101-428, 
Sec. 3(b)(1)(A), see below.
    Pub. L. 101-509, Sec. 529 [title IV, Sec. 409(b)(2)], inserted after 
first sentence ``A law enforcement officer who is otherwise eligible for 
immediate retirement under section 8412(d) shall be separated from the 
service on the last day of the month in which that law enforcement 
officer become 57 years of age or completes 20 years of service if then 
over that age.''
    Pub. L. 101-428, Sec. 3(b)(1)(A), substituted ``officer, member of 
the Capitol Police, or'' for ``officer or'' in two places.
    Subsec. (c). Pub. L. 101-428, Sec. 3(b)(2), inserted ``(other than a 
member of the Capitol Police)'' after ``employee''.


                    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 1 year 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 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.


     Exception to Automatic Separation of Members of Capitol Police

    Section 3(b)(1)(B) of Pub. L. 101-428 provided that: ``Nothing in 
section 8425(b) of title 5, United States Code, as amended by 
subparagraph (A), shall require the automatic separation of any member 
of the Capitol Police before the end of the 2-year period beginning on 
the date of enactment of this Act [Oct. 15, 1990].''

                  Section Referred to in Other Sections

    This section is referred to in section 8415 of this title.
