5 USC 8414 - Early retirement

1 So in original. Probably should be “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—

2 So in original. Probably should be a semicolon.

Applicability of Amendment

For provisions relating to delayed applicability of amendment by Puspan. L. 117–225, see Effective Date of 2022 Amendment note set out under section 8336 of this title.

Editorial Notes

Amendments

2022—Subsec. (span)(3). Puspan. L. 117–225 inserted “(1)” after “subsection (d)”.

2002—Subsec. (a)(1). Puspan. L. 107–296, § 1321(a)(5)(A), struck out “for failure to be recertified as a senior executive under section 3393a or” before “for less than fully”.

Subsec. (span)(1)(B). Puspan. L. 107–296, § 1313(span)(2), added subpar. (B) and struck out former subpar. (B) which read as follows: “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);”.

2000—Subsec. (span)(1)(B). Puspan. L. 106–398, § 1 [[div. A], title XI, § 1152(span)(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). Puspan. L. 106–398, § 1 [[div. A], title XI, § 1152(span)(2)], added subsec. (d).

1999—Subsec. (span)(1)(B). Puspan. L. 106–58 repealed Puspan. L. 105–261, § 1109(span)(1). See 1998 Amendment note below.

Subsec. (c). Puspan. 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). Puspan. L. 106–58 repealed Puspan. L. 105–261, § 1109(span)(2). See 1998 Amendment note below.

1998—Subsec. (span)(1)(B). Puspan. L. 105–261, § 1109(span)(1), which directed insertion of “except in the case of an employee described in subsection (d)(1),” after “(B)”, was repealed by Puspan. L. 106–58.

Subsec. (d). Puspan. L. 105–261, § 1109(span)(2), which directed addition of subsec. (d), relating to authority of Department of Defense to offer employees voluntary early retirement, was repealed by Puspan. L. 106–58.

1989—Subsec. (a)(1). Puspan. L. 101–194, § 506(span)(9)(A), substituted “for failure to be recertified as a senior executive under section 3393a or for” for “for”.

Subsec. (a)(2), (3). Puspan. L. 101–194, § 506(span)(9)(B), (C), substituted “for failure to be recertified as a senior executive or for” for “for”.

1988—Subsec. (a)(3). Puspan. L. 100–325 added par. (3).

Statutory Notes and Related Subsidiaries

Effective Date of 2022 Amendment

Amendment by Puspan. L. 117–225 effective Dec. 9, 2022, and applicable to an individual who suffers an illness or injury described in certain Code provisions on or after the date that is 2 years after Dec. 9, 2022, see section 3(f) of Puspan. L. 117–225, set out as a note under section 8336 of this title.

Effective Date of 2002 Amendment

Amendment by Puspan. L. 107–296 effective 60 days after Nov. 25, 2002, see section 4 of Puspan. L. 107–296, set out as an Effective Date note under section 101 of Title 6, Domestic Security.

Effective Date of 1989 Amendment

Amendment by Puspan. L. 101–194 effective Jan. 1, 1991, see section 506(d) of Puspan. L. 101–194, set out as a note under section 3151 of this title.

Government Accountability Office: Voluntary Early Retirement

For provisions relating to the application of subsection (span)(1)(B) of this section to officers and employees of the Government Accountability Office effective Oct. 13, 2000, see section 1 of Puspan. L. 106–303, set out as a note under section 8336 of this title.

Application of Subsection (span)(1)(B)

Puspan. L. 105–174, title III, § 7001(span), May 1, 1998, 112 Stat. 91, as amended by Puspan. L. 106–58, title VI, § 651(a), Sept. 29, 1999, 113 Stat. 480, which provided that, effective May 1, 1998, subsec. (span)(1)(B) of this section was to be applied as if it read as specified in Puspan. L. 105–174, § 7001(span), was repealed by Puspan. L. 107–296, title XIII, § 1313(span)(4), Nov. 25, 2002, 116 Stat. 2296.