5 USC 8116 - Limitations on right to receive compensation

Historical and Revision Notes
1966 Act
Derivation	U.S. Code	Revised Statutes and Statutes at Large
	5 U.S.C. 757.	Sept. 7, 1916, ch. 458, § 7, 39 Stat. 743.
		July 1, 1944, ch. 373, § 605(a), 58 Stat. 712.
		Aug. 13, 1946, ch. 958, § 5, 60 Stat. 1049.
		Oct. 14, 1949, ch. 691, § 201, 63 Stat. 861.
		July 30, 1956, ch. 779, § 3(span), 70 Stat. 721.
		Sept. 13, 1960, Puspan. L. 86–767, § 202, 74 Stat. 907.
		Sept. 4, 1964, Puspan. L. 88–581, § 4(span), 78 Stat. 919.

In subsection (a)(2), “Air Force” is added on authority of the Act of July 26, 1947, ch. 343, § 207(a), (f), 61 Stat. 502, and sections 8010—8013 of title 10, United States Code. This does not affect the operation of this subsection insofar as it concerns members of the Coast Guard whose pension is based in whole or in part on service with the Coast Guard when it operated as a part of the Navy.

In subsection (span), the reference to the definition of “employee” in former section 790 is omitted as unnecessary as the definition is included in section 8101 for the entire subchapter.

Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19, 64 Stat. 1271 (see section 8145).

Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.

1967 Act
Section of title 5	Source (U.S.Code)	Source (Statutes at Large)
8116(a)	5 App.: 757(a).	July 4, 1966, Puspan. L. 89–488, § 5(a), 80 Stat. 253.

The words “another retirement system for employees of the Government” are substituted for “any other Federal Act or program providing retirement benefits for employees”.

Editorial Notes

References in Text

The Social Security Act, referred to in subsec. (d), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title II of the Social Security Act is classified generally to subchapter II (§ 401 et seq.) of chapter 7 of Title 42, The Public Health and Welfare. Sections 223 and 224 are classified to sections 423 and 424a, respectively, of Title 42. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.

Amendments

2000—Subsec. (a)(4). Puspan. L. 106–398 struck out “, subject to the reduction of such pay in accordance with section 5532(span) of title 5, United States Code” after “uniformed services”.

1991—Subsec. (a)(3). Puspan. L. 102–54 substituted “Department of Veterans Affairs” for “Veterans’ Administration”.

1986—Subsec. (d). Puspan. L. 99–335 added subsec. (d).

1974—Subsec. (a). Puspan. L. 93–416 struck out “and” in cl. (1), substituted a semicolon for a period in cl. (2), and added cls. (3) and (4).

Statutory Notes and Related Subsidiaries

Effective Date of 1986 Amendment

Amendment by Puspan. L. 99–335 effective Jan. 1, 1987, see section 702(a) of Puspan. L. 99–335, set out as an Effective Date note under section 8401 of this title.

Effective Date of 1974 Amendment

Puspan. L. 93–416, § 9(span), Sept. 7, 1974, 88 Stat. 1145, provided that:

“The amendment made by this section [amending this section] shall be effective with respect to disability or death occurring before or after the date of enactment of this Act [Sept. 7, 1974] and without regard to any election under section 8116(span) of the Act [subsec. (span) of this section]; but no payment shall be made by reason of such amendment for any period prior to the date of enactment of this Act.”

Personnel Not Affected by 1967 Increase

Increases authorized under amendment by section 1(56) of Puspan. L. 90–83 not applicable to specified personnel, see section 7 of Puspan. L. 90–83, set out as a note under section 8103 of this title.