
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: 5USC8468]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                   Subpart G--Insurance and Annuities
 
            CHAPTER 84--FEDERAL EMPLOYEES' RETIREMENT SYSTEM
 
          SUBCHAPTER VI--GENERAL AND ADMINISTRATIVE PROVISIONS
 
Sec. 8468. Annuities and pay on reemployment

    (a) If an annuitant, except a disability annuitant whose annuity is 
terminated because of the annuitant's recovery or restoration of earning 
capacity, becomes employed in an appointive or elective position, an 
amount equal to the annuity allocable to the period of actual employment 
shall be deducted from the annuitant's pay, except for lump-sum leave 
payment purposes under section 5551. Unless the annuitant's appointment 
is on an intermittent basis or is to a position as a justice or judge 
(as defined by section 451 of title 28) or as an employee subject to 
another retirement system for Government employees, or unless the 
annuitant is serving as President, deductions for the Fund shall be 
withheld from the annuitant's pay under section 8422(a) and 
contributions under section 8423 shall be made. The deductions and 
contributions referred to in the preceding provisions of this subsection 
shall be deposited in the Treasury of the United States to the credit of 
the Fund. The annuitant's lump-sum credit may not be reduced by annuity 
paid during the reemployment.
    (b)(1)(A) If an annuitant subject to deductions under the second 
sentence of subsection (a) serves on a full-time basis for at least 1 
year, or on a part-time basis for periods equivalent to at least 1 year 
of full-time service, the annuitant's annuity on termination of 
reemployment shall be increased by an annuity computed under section 
8415(a) through (g) as may apply based on the period of reemployment and 
the basic pay, before deduction, averaged during the reemployment.
    (B)(i) If the annuitant is receiving a reduced annuity as provided 
in section 8419, the increase in annuity payable under subparagraph (A) 
is reduced by 10 percent and the survivor annuity or combination of 
survivor annuities payable under section 8442 or 8445 (or both) is 
increased by 50 percent of the increase in annuity payable under 
subparagraph (A), unless, at the time of claiming the increase payable 
under subparagraph (A), the annuitant notifies the Office in writing 
that the annuitant does not desire the survivor annuity to be increased.
    (ii) If an annuitant who is subject to the deductions referred to in 
subparagraph (A) dies while still reemployed, after having been 
reemployed for not less than 1 year of full-time service (or the 
equivalent thereof, in the case of full-time \1\ employment), the 
survivor annuity payable is increased as though the reemployment had 
otherwise terminated.
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    \1\ So in original. Probably should be ``part-time''.
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    (2)(A) If an annuitant subject to deductions under the second 
sentence of subsection (a) serves on a full-time basis for at least 5 
years, or on a part-time basis for periods equivalent to at least 5 
years of full-time service, the annuitant may elect, instead of the 
benefit provided by paragraph (1), to have such annuitant's rights 
redetermined under this chapter.
    (B) If an annuitant who is subject to the deductions referred to in 
subparagraph (A) dies while still reemployed, after having been 
reemployed for at least 5 years of full-time service (or the equivalent 
thereof in the case of part-time employment), any person entitled to a 
survivor annuity under section 8442 or 8445 based on the service of such 
annuitant shall be permitted to elect, in accordance with regulations 
prescribed by the Office of Personnel Management, to have such person's 
rights under subchapter IV redetermined. A redetermined survivor annuity 
elected under this subparagraph shall be in lieu of an increased annuity 
which would otherwise be payable in accordance with paragraph 
(1)(B)(ii).
    (3) If an annuitant subject to deductions under the second sentence 
of subsection (a) serves on a full-time basis for a period of less than 
1 year, or on a part-time basis for periods equivalent to less than 1 
year of full-time service, the total amount withheld under section 
8422(a) from the annuitant's basic pay for the period or periods 
involved shall, upon written application to the Office, be payable to 
the annuitant (or the appropriate survivor or survivors, determined in 
the order set forth in section 8424(d)).
    (c) 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.
    (d) If an annuitant becomes employed as a justice or judge of the 
United States, as defined by section 451 of title 28, the annuitant 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 8424(a), 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.
    (e) A reference in this section to an ``annuity'' shall not be 
considered to include any amount payable from a source other than the 
Fund.
    (f)(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).
    (g)(1) If warranted by circumstances described in subsection 
(f)(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 (f) 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.
    (h)(1) If warranted by circumstances described in subsection 
(f)(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 
(f) 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.
    (i)(1) For the purpose of subsections (f) through (h), ``Executive 
agency'' shall not include the General Accounting Office.
    (2) An employee as to whom a waiver under subsection (f), (g), or 
(h) is in effect shall not be considered an employee for purposes of 
this chapter or chapter 83 of this title.

(Added Pub. L. 99-335, title I, Sec. 101(a), June 6, 1986, 100 Stat. 
576; amended Pub. L. 100-238, title I, Sec. 134(a), Jan. 8, 1988, 101 
Stat. 1762; Pub. L. 101-509, title V, Sec. 529 [title I, Sec. 108(c)], 
Nov. 5, 1990, 104 Stat. 1427, 1450; Pub. L. 101-510, div. A, title XII, 
Sec. 1206(j)(3), Nov. 5, 1990, 104 Stat. 1664; Pub. L. 102-190, div. A, 
title VI, Sec. 655(c), Dec. 5, 1991, 105 Stat. 1392; 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)(9), Oct. 10, 1997, 111 Stat. 1307.)


                               Amendments

    1997--Subsec. (b)(1)(A). Pub. L. 105-61 substituted ``through (g)'' 
for ``through (f)''.
    Subsec. (h)(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. (f). Pub. L. 102-378 repealed Pub. L. 101-510, 
Sec. 1206(j)(3). See 1990 Amendment note below.
    1991--Subsec. (f)(3). Pub. L. 102-190, Sec. 655(c)(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 chapter 83 or this chapter while such 
waiver is in effect.''
    Subsecs. (g) to (i). Pub. L. 102-190, Sec. 655(c)(1), added subsecs. 
(g) to (i).
    1990--Subsec. (f). Pub. L. 101-510, Sec. 1206(j)(3), added a subsec. 
(f) 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)(3), and provided 
that this title shall read as if section 1206(j)(3) had not been 
enacted.
    Pub. L. 101-509 added subsec. (f).
    1988--Pub. L. 100-238 amended section generally, substituting 
subsecs. (a) to (e) for former subsecs. (a) to (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 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 1988 Amendment

    Section 134(d) of Pub. L. 100-238 provided that:
    ``(1) Generally.--The amendments made by this section [amending this 
section and provisions set out as notes under section 8331 of this 
title] shall take effect on the date of the enactment of this Act [Jan. 
8, 1988], and as provided in paragraph (2), shall apply with respect to 
any individual who becomes a reemployed annuitant on or after such date.
    ``(2) Exception.--The amendment made by subsection (b) [amending 
provisions set out as a note under section 8331 of this title] shall 
apply with respect to any election made by a reemployed annuitant on or 
after the date of the enactment of this Act [Jan. 8, 1988].''


                        Annual Report to Congress

    Each agency in legislative branch to submit to Speaker of House of 
Representatives and Committee on Rules and Administration of Senate, for 
each calendar year, a written report on how authority made available as 
result of amendment by Pub. L. 102-190 was used by such agency during 
the period covered by such report, see section 655(d) of Pub. L. 102-
190, set out as a note under section 8344 of this title.

                  Section Referred to in Other Sections

    This section is referred to in title 2 section 61h-6; title 20 
section 4512; title 22 section 4064; title 39 section 1005.
