5 U.S.C. 8339: Computation of annuity

2009

• Pub. L. 111–84 added par. (3). (National Defense Authorization Act for Fiscal Year 2010) Law text · (p)

2002

• Pub. L. 107–296 struck out before period at end of first sentence ", except that such reduction shall not apply in the case of an employee retiring under section 8336(h) for failure to be recertified as a senior executive". (Homeland Security Act of 2002) Law text · (h)

2001

• Pub. L. 107–107 added subsec. (u). (National Defense Authorization Act for Fiscal Year 2002) Law text · (u)

2000

• Pub. L. 106–553, §1(a)(2) [title III, §308(h)(2)], substituted "subsections (a) through (e), (n), (q), (r), and (s)" for "subsections (a)–(e), (n), (q), and (r)" in introductory provisions. (District of Columbia Appropriations Act, 2001) Law text · (f)
• Pub. L. 106–553, §1(a)(2) [title III, §308(h)(3)(B)], substituted "(q), (r), or (s)" for "(q), or (r)" in two places in concluding provisions. (District of Columbia Appropriations Act, 2001) Law text · (g)
• Pub. L. 106–398, §1 [[div. A], title X, §1087(f)(4)], struck out "the application of the limitation in section 5532 of this title, or" after "received but for" in concluding provisions. (Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001) Law text · (g)
• Pub. L. 106–553, §1(a)(2) [title III, §308(h)(3)(A)], substituted "subsections (a) through (c), (n), (q), (r), or (s)" for "subsections (a)–(c), (n), (q), or (r)". (District of Columbia Appropriations Act, 2001) Law text · (g)
• Pub. L. 106–398, §1 [[div. A], title XI, §1152(c)(1)], substituted "(j), or (o)" for "or (j)" in first sentence. (Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001) Law text · (h)
• Pub. L. 106–553, §1(a)(2) [title III, §308(h)(4)], substituted "(a)–(h), (n), (q), (r), or (s)" for "(a)–(h), (n), (q), and (r)" in introductory provisions. (District of Columbia Appropriations Act, 2001) Law text · (i)
• Pub. L. 106–553, §1(a)(2) [title III, §308(h)(5)], substituted "(a)–(i), (n), (q), (r), and (s)" for "(a)–(i), (n), (q), and (r)" wherever appearing. (District of Columbia Appropriations Act, 2001) Law text · (j), (k)
• Pub. L. 106–553, §1(a)(2) [title III, §308(h)(6)], substituted "(a)–(k), (n), (q), (r), and (s)" for "(a)–(k), (n), (q), and (r)" in introductory provisions. (District of Columbia Appropriations Act, 2001) Law text · (l)
• Pub. L. 106–553, §1(a)(2) [title III, §308(h)(2)], substituted "subsections (a) through (e), (n), (q), (r), and (s)" for "subsections (a)–(e), (n), (q), and (r)". (District of Columbia Appropriations Act, 2001) Law text · (m)
• Pub. L. 106–554 substituted "8335(c)" for "8335(d)". (Consolidated Appropriations Act, 2001) Law text · (q)
• Pub. L. 106–553, §1(a)(2) [title III, §308(b)(4)], added subsec. (r). Former subsec. (r), relating to the annuity of a Member who has served in a position in the executive branch, redesignated (s). (District of Columbia Appropriations Act, 2001) Law text · (r)
• Pub. L. 106–571 added subsec. (s), relating to physicians comparability allowance. (Federal Physicians Comparability Allowance Amendments of 2000) Law text · (s)
• Pub. L. 106–553, §1(a)(2) [title III, §308(b)(4)], redesignated subsec. (r), relating to computation of annuity of a Member who has served in a position in the executive branch, as (s). (District of Columbia Appropriations Act, 2001) Law text · (s)

1999

• Pub. L. 106–58 repealed Pub. L. 105–261, §1109(c)(1). See 1998 Amendment note below. Law text · (h)

1998

• Pub. L. 105–261, §1109(c)(1), which directed substitution of "(j), or (o)" for "or (j)" in the first sentence, was repealed by Pub. L. 106–58. (Strom Thurmond National Defense Authorization Act for Fiscal Year 1999) Law text · (h)

1997

• Pub. L. 105–61, §516(a)(3)(A), substituted "(q), and (r)" for "and (q) of this section". (Treasury and General Government Appropriations Act, 1998) Law text · (f)
• Pub. L. 105–61, §516(a)(3)(B), substituted "(q), or (r)" for "or (q) of this section" in par. (2) and in two places in concluding provisions. (Treasury and General Government Appropriations Act, 1998) Law text · (g)
• Pub. L. 105–61, §516(a)(3)(A), substituted "(q), and (r)" for "and (q)" and "and (q) of this section" wherever appearing. (Treasury and General Government Appropriations Act, 1998) Law text · (i), (j), (k), (l), (m)
• Pub. L. 105–61, §516(a)(3)(C), added subsec. (r). (Treasury and General Government Appropriations Act, 1998) Law text · (r)

1996

• Pub. L. 104–106 substituted "Court of Appeals for the Armed Forces" for "Court of Military Appeals". (National Defense Authorization Act for Fiscal Year 1996) Law text · (d)

1994

• Pub. L. 103–337, which directed amendment of par. (6) by substituting "Court of Appeals for the Armed Forces" for "Court of Military Appeals", could not be executed because the words "Court of Military Appeals" did not appear in par. (6). · (d)
• Pub. L. 103–337 substituted "Court of Appeals for the Armed Forces" for "Court of Military Appeals". · (h)

1993

• Pub. L. 103–66, §11004(a)(1)(A)(i), struck out ", within such 2-year period," after "retired employee or Member" in second sentence. · (j)
• Pub. L. 103–66, §11004(a)(1)(A)(ii), substituted fourth through seventh sentences for former fourth sentence which read as follows: "If the employee or Member does not make such a deposit, the Office shall collect the amount of the deposit by offset against the employee or Member's annuity, up to a… · (j)
• Pub. L. 103–66, §11004(a)(1)(B)(i), struck out ", within 2 years after the date of the remarriage or, if later, the death or remarriage of the former spouse (or of the last such surviving former spouse)," after "employee or Member shall". · (j)
• Pub. L. 103–66, §11004(a)(1)(B)(ii), amended cl. (iii) generally. Prior to amendment, cl. (iii) read as follows: "If the employee or Member does not make such deposit, the Office shall collect such amount by offset against the employee or Member's annuity, up to a maximum of… · (j)
• Pub. L. 103–66, §11004(a)(2)(A), which directed amendment of cl. (ii) by substituting in first sentence "The retired employee" for "Within 2 years after the date of the marriage, the retired employee", was executed by making the substitution for "Within 2 years after the date… · (k)
• Pub. L. 103–66, §11004(a)(2)(B), amended subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: "If the employee or Member does not make such deposit, the Office shall collect such amount by offset against the employee or Member's annuity, up to a maximum of 25 p… · (k)

1992

• Pub. L. 102–572 substituted "Court of Federal Claims" for "Claims Court" in two places. · (n)
• Pub. L. 102–378, §2(62), redesignated subsec. (o), relating to employee whose service includes service performed on part-time basis, as (p). · (o), (p)

1991

• Pub. L. 102–54 substituted "pension or compensation from the Department of Veterans Affairs" for "Veterans' Administration pension or compensation" in second and third sentences. · (g)
• Pub. L. 102–198 inserted a comma after "United States commissioner". · (n)

1990

• Pub. L. 101–510 added par. (3) and redesignated former pars. (3) to (6) as (4) to (7), respectively. · (d)
• Pub. L. 101–508, §7001(b)(2)(C), substituted "8334(d)(1)" for "8334(d)". · (e)
• Pub. L. 101–428, §2(d)(2), substituted "(a)–(e), (n), and (q)" for "(a)–(e) and (n)". · (f)
• Pub. L. 101–428, §2(d)(3)(B), substituted "(c), (n), or (q)" for "(c), or (n)" wherever appearing in closing provisions. · (g)
• Pub. L. 101–428, §2(d)(3)(A), substituted "(a)–(c), (n), or (q)" for "(a)–(c) or (n)". · (g)
• Pub. L. 101–428, §2(d)(4), substituted "(a)–(h), (n), and (q)" for "(a)–(h) and (n)". · (i)
• Pub. L. 101–508, §7001(b)(2)(B), substituted "(d)(1)" for "(d)". · (i)
• Pub. L. 101–428, §2(d)(5), substituted "(a)–(i), (n), and (q)" for "(a)–(i) and (n)" in pars. (1) and (2), and in introductory provisions and subpar. (A)(ii) of par. (3). · (j)
• Pub. L. 101–428, §2(d)(5), substituted "(a)–(i), (n), and (q)" for "(a)–(i) and (n)". · (k)
• Pub. L. 101–428, §2(d)(6), substituted "(a)–(k), (n), and (q)" for "(a)–(k) and (n)". · (l)
• Pub. L. 101–428, §2(d)(2), substituted "(a)–(e), (n), and (q)" for "(a)–(e) and (n)". · (m)
• Pub. L. 101–650 amended subsec. (n) generally. Prior to amendment, subsec. (n) read as follows: "The annuity of an employee who is a bankruptcy judge or United States magistrate is computed, with respect to service as a referee in bankruptcy, as a bankruptcy judge, as a United States m… · (n)
• Pub. L. 101–428, §2(c)(1), added subsec. (q). · (q)

1989

• Pub. L. 101–194 inserted ", except that such reduction shall not apply in the case of an employee retiring under section 8336(h) for failure to be recertified as a senior executive" before period at end of first sentence. · (h)

1987

• Pub. L. 100–53 amended subsec. (n) generally. Prior to amendment, subsec. (n) read as follows: "The annuity of an employee who is a bankruptcy judge is computed with respect to service after as a referee in bankruptcy and as a bankruptcy judge and his military service (not exceeding fi… · (n)

1986

• Pub. L. 99–251, §203(a), inserted ", unless all rights to survivor benefits for such former spouse under this subchapter based on marriage to such employee or Member were waived under paragraph (1) of this subsection" at end of first sentence. · (j)
• Pub. L. 99–251, §203(b), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: · (j)
• Pub. L. 99–251, §203(c)(1), added cls. (v) and (vi). · (j), (vi)
• Pub. L. 99–251, §203(c)(2), inserted at end "In the case of a married employee or Member, an election under this paragraph on behalf of the spouse may be made only if any right of such spouse to a survivor annuity based on the service of such employee or Member is waived in accordan… · (k)
• Pub. L. 99–251, §203(c)(3)(A), substituted provisions directing that the election and reduction shall take effect on the first day of the first month beginning after the expiration of the 9-month period beginning on the date of marriage and that any such election to provide a … · (k)
• Pub. L. 99–251, §203(c)(3)(B), struck out "(other than an employee or Member who made a previous election under paragraph (1) of this subsection)" after "retired employee or Member". · (k)
• Pub. L. 99–251, §203(c)(3)(C), added subpar. (D). · (k)
• Pub. L. 99–272 added subsec. (o), set out second, relating to computation of annuities for part-time service. · (o)
• Pub. L. 99–251, §307(a), added subsec. (o), set out first, relating to 18-month period for election of survivor annuities. · (o)

1984

• Pub. L. 98–353, §112, substituted "and (n)" for "and (o)". · (f)
• Pub. L. 98–353, §116(d)(1), (2), inserted "or (n)" after "(c)" in par. (2), and substituted "(c), or (n)" for "or (c)" in two places in provisions following par. (2). · (g)
• Pub. L. 98–615, §2(3)(A), substituted provisions that at the time of retirement an employee's pension will be reduced to provide survivor benefits to the spouse unless the employee or Member and the spouse jointly waive the spouse's right to the survivor annuity in a written stateme… · (j)
• Pub. L. 98–353, §112, substituted "and (n)" for "and (o)". · (j)
• Pub. L. 98–615, §2(3)(A), substituted provision that if an employee or Member has a former spouse who is entitled to a survivor annuity as provided in section 8341(h) of this title, the annuity of the employee or Member computed under subsecs. (a)–(i) and (n) (or any designated port… · (j)
• Pub. L. 98–615, §2(3)(A), added pars. (3) to (5). · (j)
• Pub. L. 98–615, §2(3)(B), substituted "an employee or Member" for "an unmarried employee or Member". · (k)
• Pub. L. 98–353, §112, substituted "and (n)" for "and (o)". · (k)
• Pub. L. 98–615, §2(3)(C), designated existing provisions as subpar. (A), substituted "such employee or Member's spouse" for "his spouse" and "within 2 years after such employee or Member marries or, if later, within 2 years after the death or remarriage of any former spouse of such … · (k)
• Pub. L. 98–353, §112, substituted "and (n)" for "and (o)" in provisions preceding par. (1). · (l)
• Pub. L. 98–353, §112, substituted "and (n)" for "and (o)". · (m)
• Pub. L. 98–531 substituted "as a referee in bankruptcy and" for "March 31, 1979, and before the date of the enactment of the Bankruptcy Amendments and Federal Judgeship Act of 1984". · (n)
• Pub. L. 98–353, §121(f), substituted "the date of enactment of the Bankruptcy Amendments and Federal Judgeship Act of 1984" for "June 28, 1984". · (n)
• Pub. L. 98–353, §116(d)(3), substituted "as a referee in bankruptcy and" for "March 31, 1979, and before June 27, 1984,". · (n)
• Pub. L. 98–325 substituted "June 28, 1984" for "June 21, 1984". · (n)
• Pub. L. 98–299 substituted "June 21, 1984" for "May 26, 1984". · (n)
• Pub. L. 98–271 substituted "May 26, 1984" for "April 1, 1984". · (n)
• Pub. L. 98–249 which purported to amend subsec. (o) by substituting "May 1, 1984" for "April 1, 1984" was probably intended as an amendment of subsec. (n). See amendment of subsec. (n) by Pub. L. 98–271. · (n)

1983

• Pub. L. 98–94, §1256(e)(1), added par. (6). · (d)
• Pub. L. 98–94, §1256(e)(2), inserted provision that the annuity computed under subsections (a), (d)(6), and (f) of this section for a judge of the United States Court of Military Appeals retiring under the second sentence of section 8336(k) of this title or the third sentence of sectio… · (h)

1982

• Pub. L. 97–276 inserted "unless such employee has received, pursuant to section 8342 of this title, payment of the lump-sum credit attributable to deductions under section 8334(a) of this title during any period of employment as an air traffic controller and such employee has not depos… · (e)
• Pub. L. 97–253 redesignated former unnumbered subsection into provisions preceding par. (1) and par. (1) and (2) and completely revised such provisions as so redesignated. Prior to amendment subsec. (i) read as follows: "The annuity computed under subsections (a)–(h) and (o) of this se… · (i)

1980

• Pub. L. 96–499 provided for a minimum disability retirement annuity where an employee or Member retiring under section 8337 of this title was receiving retired or retainer pay for military service or a Veterans' Administration pension or compensation. · (g)
• Pub. L. 96–391 redesignated existing provisions as par. (1) and added par. (2). · (j)

1979

• Pub. L. 96–70 designated existing provisions as par. (1) and added pars. (2) to (4). · (d)
• Pub. L. 96–135, §1(b), added par. (5). · (d)
• Pub. L. 96–135, §1(c), inserted references to subsections (d)(5) and (j) of this section. · (h)
• Pub. L. 96–54 redesignated subsec. (o) as (n). Former subsec. (n) redesignated (m) by Pub. L. 94–126. · (n), (o)

1978

• Pub. L. 95–256 substituted "(b)" for "(g)". · (d)
• Pub. L. 95–598, §338(a)(1), inserted reference to subsec. (o) of this section. · (f)
• Pub. L. 95–454, §412(b), substituted "section 8336(d) or (h)" for "section 8336(d)". · (h)
• Pub. L. 95–598, §338(a)(2), inserted reference to subsec. (o) of this section. · (i)
• Pub. L. 95–598, §338(a)(3), inserted reference to subsec. (o) of this section. · (j)
• Pub. L. 95–454, §906(a)(2), (3), substituted "Office of Personnel Management" and "Office" for "Civil Service Commission" and "Commission", respectively. · (j)
• Pub. L. 95–317, §1(a), inserted "(or is remarried if there is no election in effect under the following sentence)" after "or Member is not married", and substituted provisions authorizing, upon remarriage, an irrevocable election in a signed writing received by the Commission within 1 year after re… · (j)
• Pub. L. 95–454, §906(a)(3), substituted "Office" for "Commission" wherever appearing. · (k)
• Pub. L. 95–598, §338(a)(3), inserted reference to subsec. (o) of this section. · (k)
• Pub. L. 95–317, §2, inserted provisions relating to recomputation and payment of an annuity reduced under this par. or any similar prior provision of law. · (k)
• Pub. L. 95–317, §1(c), substituted "The reduced annuity shall be effective the first day of the first month beginning 1 year after the date of marriage" for "His reduced annuity is effective the first day of the month after his election is received in the Commission". · (k)
• Pub. L. 95–598, §338(a)(4), inserted reference to subsec. (o) of this section. · (l)
• Pub. L. 95–598, §338(a)(5), inserted reference to subsec. (o) of this section. · (m)
• Pub. L. 95–519 inserted provision relating to computation of days of unused sick leave for employees excepted from subchapter I of chapter 63 of this title. · (m)
• Pub. L. 95–598, §338(a)(6), added subsec. (o). · (o)

1976

• Pub. L. 94–397 substituted "8344(d)(1)" for "8344(b)(1)". · (f)

1975

• Pub. L. 94–126 struck out subsec. (m) which required that 45 per centum of each year, or fraction thereof, of service referred to in section 8332(b)(6) which was performed prior to the effective date of the National Guard Technicians Act of 1968, be disregarded in determining ser… · (m), (n)

1974

• Pub. L. 93–350 inserted reference to employees retiring under section 8335(g) of this title and substituted a schedule of 2½ percent of his average pay multiplied by so much of his total service as does not exceed 20 years plus 2 percent of his average pay multiplied by so much of his … · (d)
• Pub. L. 93–260 substituted "greatest" for "greater", redesignated cl. (B) as cl. (C), and added cl. (B). · (f)
• Pub. L. 93–474 inserted provision that an annuity reduced under this subsection or any similar provision of law shall be recomputed and paid as if the annuity had not been so reduced for each full month during which a retired employee or member is not married and that upon marriage the… · (j)

1972

• Pub. L. 92–297, §6(1), (2), added subsec. (e) and redesignated former subsec. (e) as (f). · (e)
• Pub. L. 92–297, §§6(1), 7(3)(A), redesignated former subsec. (e) as (f) and substituted references to subsecs. (a) to (e) for references to subsecs. (a) to (d). Former subsec. (f) redesignated (g). · (f)
• Pub. L. 92–297, §6(1), redesignated former subsec. (f) as (g). Former subsec. (g) redesignated (h). · (g)
• Pub. L. 92–297, §§6(1), 7(3)(B), redesignated former subsec. (g) as (h) and substituted "subsections (a), (b), and (f)", "subsections (c) and (f)", and "section 8336(g)" for "subsections (a), (b), and (e)", "subsections (c) and (e)", and "section 8336(f)" respectively. Former subsec. (… · (h)
• Pub. L. 92–297, §§6(1), 7(3)(C), redesignated former subsec. (h) as (i) and substituted reference to subsections (a)–(h) for reference to subsections (a)–(g). Former subsec. (i) redesignated (j). · (i)
• Pub. L. 92–297, §§6(1), 7(3)(D), redesignated former subsec. (i) as (j) and substituted reference to subsections (a) to (i) for reference to subsections (a) to (h). Former subsec. (j) redesignated (k). · (j)
• Pub. L. 92–297, §§6(1), 7(3)(E), redesignated former subsec. (j) as (k) and substituted "subsections (a)–(i)" and "subsection (j)" for "subsections (a)–(h)" and "subsection (i)", respectively. Former subsec. (k) redesignated (l). · (k)
• Pub. L. 92–297, §§6(1), 7(3)(F), redesignated former subsec. (k) as (l) and substituted "subsections (a)–(e)" for "subsections (a)–(j)". Former subsec. (l) redesignated (m). · (l)
• Pub. L. 92–297, §6(1) redesignated former subsec. (l) as (m). Former subsec. (m) redesignated (n). · (m)
• Pub. L. 92–297, §§6(1), 7(3)(G), redesignated former subsec. (m) as (n) and substituted "subsections (a)–(e)" and "subsection (f)" for "subsections (a)–(d)" and "subsection (e)", respectively. · (n)

1971

• Pub. L. 91–658, §2(a), substituted "any spouse surviving him" for "his spouse". · (i)
• Pub. L. 91–658, §2(b), designated existing provisions as par. (1) and added par. (2). · (j)

1969

• Pub. L. 91–93, §203(1), substituted "his service as a Congressional employee, his military service not exceeding 5 years," for "so much of his service as a Congressional employee and his military service as does not exceed a total of 15 years". · (b)
• Pub. L. 91–93, §203(2), struck out "so much of" and "as does not exceed 15 years" before and after "his Congressional employee service". · (c)
• Pub. L. 91–93, §203(3), struck out last sentence providing "However, this subsection does not increase the annuity of a survivor." · (f)
• Pub. L. 91–93, §203(4), struck out "(excluding any increase because of retirement under section 8337 of this title)" after "subsections (a)–(h) of this section". · (i)
• Pub. L. 91–93, §203(5), added subsec. (m). · (m)

1968

• Pub. L. 90–486 added subsec. (l). · (l)

1967

• Pub. L. 90–206 inserted provision for the use of the final basic pay of the appointive position of a former Member who elects to have his annuity computed or recomputed under section 8344(b)(1) of this title inmaking the determination of the maximum allowable annuity. · (e)