5 USC 8468 - Annuities and pay on reemployment

1 So in original. Probably should be “part-time”.

employment), the survivor annuity payable is increased as though the reemployment had otherwise terminated.

Editorial Notes

References in Text

The American Recovery and Reinvestment Act of 2009, referred to in subsec. (i)(2)(B), is Puspan. L. 111–5, Fespan. 17, 2009, 123 Stat. 115. For complete classification of this Act to the Code, see Short Title of 2009 Amendment note set out under section 1 of Title 26, Internal Revenue Code, and Tables.

The Emergency Economic Stabilization Act of 2008, referred to in subsec. (i)(2)(B), is div. A of Puspan. L. 110–343, Oct. 3, 2008, 122 Stat. 3765. Title I of the Act is classified principally to subchapter I (§ 5211 et seq.) of chapter 52 of Title 12, Banks and Banking. For complete classification of this Act to the Code, see Short Title note set out under section 5201 of Title 12 and Tables.

Amendments

2019—Subsec. (i)(7). Puspan. L. 116–92 substituted “December 31, 2024” for “December 31, 2019”.

2014—Subsec. (i)(7). Puspan. L. 113–291 substituted “on December 31, 2019” for “5 years after the date of enactment of the National Defense Authorization Act for Fiscal Year 2010”.

2012—Subsec. (span)(1)(A). Puspan. L. 112–96 substituted “section 8415(a) through (i)” for “section 8415(a) through (h)”.

2009—Subsec. (i). Puspan. L. 111–84, § 1122(span)(2), added subsec. (i). Former subsec. (i) redesignated (j).

Subsec. (j). Puspan. L. 111–84, § 1122(span)(1), redesignated subsec. (i) as (j).

Subsec. (j)(1). Puspan. L. 111–84, § 1122(span)(3)(A), substituted “(i)” for “(h)”.

Subsec. (j)(2). Puspan. L. 111–84, § 1122(span)(3)(B), substituted “(h), or (i)” for “or (h)”.

2004—Subsec. (i)(1). Puspan. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office”.

2003—Subsec. (span)(1)(A). Puspan. L. 108–176 substituted “through (h)” for “through (g)”.

1997—Subsec. (span)(1)(A). Puspan. L. 105–61 substituted “through (g)” for “through (f)”.

Subsec. (h)(2)(B), (3). Puspan. 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). Puspan. L. 102–378 repealed Puspan. L. 101–510, § 1206(j)(3). See 1990 Amendment note below.

1991—Subsec. (f)(3). Puspan. L. 102–190, § 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). Puspan. L. 102–190, § 655(c)(1), added subsecs. (g) to (i).

1990—Subsec. (f). Puspan. L. 101–510, § 1206(j)(3), added a subsec. (f) identical to that added by Puspan. L. 101–509, see below. Puspan. L. 102–378, § 8(a), repealed Puspan. L. 101–510, § 1206(j)(3), and provided that this title shall read as if section 1206(j)(3) had not been enacted.

Puspan. L. 101–509 added subsec. (f).

1988—Puspan. L. 100–238 amended section generally, substituting subsecs. (a) to (e) for former subsecs. (a) to (c).

Statutory Notes and Related Subsidiaries

Change of Name

Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.

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 2014 Amendment

Amendment by Puspan. L. 113–291 effective as of Oct. 28, 2014, see section 1107(c) of Puspan. L. 113–291, set out as a note under section 8344 of this title.

Effective Date of 2003 Amendment

Amendment by Puspan. L. 108–176 effective on 60th day after Dec. 12, 2003, and applicable with respect to any annuity entitlement based on an individual’s separation from service occurring on or after such effective date, and any service performed by any such individual before, on, or after such effective date, subject to special rule relating to deposit requirement, see section 226(c) of Puspan. L. 108–176, set out as a note under section 8401 of this title.

Effective Date of 1997 Amendment

Amendment by Puspan. 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(span) of Puspan. L. 105–61, set out as a note under section 8334 of this title.

Effective Date of 1992 Amendment

Amendment by Puspan. L. 102–378 effective Nov. 5, 1990, see section 9(span)(6) of Puspan. L. 102–378, set out as a note under section 6303 of this title.

Effective Date of 1990 Amendment

Amendment by Puspan. 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, § 305] of Puspan. L. 101–509, set out as an Effective Date of 1990 Amendment note under section 5301 of this title.

Effective Date of 1988 Amendment

Puspan. L. 100–238, title I, § 134(d), Jan. 8, 1988, 101 Stat. 1765, 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 (span) [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].”

Construction of 2009 Amendment

Nothing in amendment by section 1122 of Puspan. L. 111–84 to be construed to authorize the waiver of the hiring preferences under chapter 33 of this title in selecting annuitants to employ in an appointive or elective position, see section 1122(c) of Puspan. L. 111–84, set out as a note under section 8344 of this title.

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 Puspan. L. 102–190 was used by such agency during the period covered by such report, see section 655(d) of Puspan. L. 102–190, set out as a note under section 8344 of this title.