The law › Title 5, Government Organization and Employees › Chapter 84
5 U.S.C. 8433: Benefits and election of benefits
Created in 1986 by Public Law 99-335. Changed by 10 later laws. No bill we track in this Congress changes it.
12 other sections of the Code cite this one, including 5 U.S.C. 8351, 5 U.S.C. 8434, 5 U.S.C. 8435, 5 U.S.C. 8437, 5 U.S.C. 8440a.
3 parts of federal rules cite it as their authority, written by Federal Retirement Thrift Investment Board (3).
- past change
- enacted this Congress
- proposed
This Congress
No bill we track in the 119th Congress changes this section.
How it got here
2017
- Pub. L. 115–84, §2(a)(1), substituted "may make one or more withdrawals" for "and who has not made a withdrawal under subsection (h)(1)(A) may make one withdrawal" and "in the same manner as a single payment is made" for "as a single payment". Law text · (c)
- Pub. L. 115–84, §2(a)(2), added par. (5). Law text · (c)
- Pub. L. 115–84, §2(b)(1), inserted ", except that in the case of an election to receive an annuity, a former employee or Member may not change an election under this section on or after the date on which an annuity contract is purchased to provide for the annuity elected by the form… Law text · (d)
- Pub. L. 115–84, §2(b)(2), substituted "return a payment that was made pursuant to an" for "change an" and struck out before period at end "on or after the date on which a payment is made in accordance with such election or, in the case of an election to receive an annuity, the date … Law text · (d)
- Pub. L. 115–84, §2(c), struck out par. (1) designation before "Notwithstanding", substituted "this subsection" for "this paragraph", and struck out par. (2) which read as follows: "Unless otherwise elected under this section, and subject to paragraph (1), benefits under this subchapter… Law text · (f)
- Pub. L. 115–84, §2(d)(1), (2), redesignated par. (3) as (2) and struck out former par. (2) which read as follows: "A withdrawal under paragraph (1)(A) shall be available to each eligible participant one time only." Law text · (h)
- Pub. L. 115–84, §2(d)(2), (3), redesignated par. (4) as (3) and inserted "limitations or" before "conditions". Former par. (3) redesignated (2). Law text · (h)
- Pub. L. 115–84, §2(d)(2), redesignated pars. (4) and (5) as (3) and (4), respectively. Law text · (h), (5)
2009
- Pub. L. 111–31 designated existing provisions as par. (1) and added pars. (2) and (3). Law text · (e)
2004
- Pub. L. 108–469 substituted "paragraph (2)" for "paragraph (3)". Law text · (d)
1999
- Pub. L. 106–65 struck out "under section 8432(a) of this title" after "by the employee or Member". (National Defense Authorization Act for Fiscal Year 2000) Law text · (g), (h)
1996
- Pub. L. 104–208, §101(f) [title VI, §659 [title II, §203(a)(1)]], added subsec. (b) and struck out former subsec. (b) which read as follows: "Subject to section 8435 of this title, any employee or Member who separates from Government employment is entitled and may elect— (Magnuson-Stevens Fishery Conservation and Management Act) Law text · (b)
- Pub. L. 104–208, §101(f) [title VI, §659 [title II, §203(a)(1)]], added subsec. (c) and struck out former subsec. (c) which read as follows: (Magnuson-Stevens Fishery Conservation and Management Act) Law text · (c)
- Pub. L. 104–208, §101(f) [title VI, §659 [title II, §203(a)(2)(A)]], substituted "(3)" for "(3)(A)" after "Subject to paragraph". (Magnuson-Stevens Fishery Conservation and Management Act) Law text · (d)
- Pub. L. 104–208, §101(f) [title VI, §659 [title II, §203(a)(2)(C)]], struck out subpar. (A) designation before "A former employee" and struck out subpar. (B) which read as follows: "A modification of a date may not be made under paragraph (2) on or after the date on which an annuity… (Magnuson-Stevens Fishery Conservation and Management Act) Law text · (d)
- Pub. L. 104–208, §101(f) [title VI, §659 [title II, §203(a)(2)(B)]], redesignated par. (3) as (2) and struck out former par. (2) which read as follows: "Subject to paragraph (3)(B) and section 8435(c) of this title, a former employee or Member who has made an election pursuant to subsection (b)(2) … (Magnuson-Stevens Fishery Conservation and Management Act) Law text · (d)
- Pub. L. 104–208, §101(f) [title VI, §659 [title II, §203(a)(2)(B)]], redesignated par. (3) as (2). (Magnuson-Stevens Fishery Conservation and Management Act) Law text · (d)
- Pub. L. 104–208, §101(f) [title VI, §659 [title II, §203(a)(3)]], substituted "less than an amount that the Executive Director prescribes by regulation" for "$3,500 or less" and substituted a comma for "unless the employee or Member elects, at such time and otherwise in such manner … (Magnuson-Stevens Fishery Conservation and Management Act) Law text · (f)
- Pub. L. 104–208, §101(f) [title VI, §659 [title II, §203(a)(4)]], in introductory provisions substituted "April 1" for "February 1", in subpar. (A) substituted "70½" for "65" and inserted "or" after semicolon, redesignated subpar. (C) as (B), and struck out former subpar. (B) which … (Magnuson-Stevens Fishery Conservation and Management Act) Law text · (f)
- Pub. L. 104–208, §101(f) [title VI, §659 [title II, §203(a)(5)(A)]], struck out "after December 31, 1987, and" after "At any time", and inserted at end "Before a loan is issued, the Executive Director shall provide in writing the employee or Member with appropriate information conce… (Magnuson-Stevens Fishery Conservation and Management Act) Law text · (g)
- Pub. L. 104–208, §101(f) [title VI, §659 [title II, §203(a)(5)(B)]], redesignated pars. (3) to (5) as (2) to (4), respectively, and struck out former par. (2) which read as follows: "An application under this subsection may be approved only for— (Magnuson-Stevens Fishery Conservation and Management Act) Law text · (g)
- Pub. L. 104–208, §101(f) [title VI, §659 [title II, §203(a)(6)]], added subsec. (h). (Magnuson-Stevens Fishery Conservation and Management Act) Law text · (h)
1994
- Pub. L. 103–226, §9(b)(1), amended introductory provisions generally, substituting "Subject to section 8435 of this title, any employee or Member who separates from Government employment is entitled and may elect—" for "Subject to section 8435 of this title, any employee or Member who … · (b)
- Pub. L. 103–226, §9(i)(3), substituted "subsection (c)" for "subsection (e)". · (b)
- Pub. L. 103–226, §9(b)(2), redesignated subsec. (e) as (c) and struck out former subsec. (c) which related to permissible elections by employees separating from Government who are entitled to a deferred annuity. · (c)
- Pub. L. 103–226, §9(b)(3), substituted "directly to an eligible retirement plan or plans (as defined in section 402(c)(8) of the Internal Revenue Code of 1986)" for "or (c)(4) or required under subsection (d) directly to an eligible retirement plan or plans (as defined in section 40… · (c)
- Pub. L. 103–353, §4(b)(1), inserted before period at end ", unless an election under section 8432b(h)(2) is made to treat such separation for purposes of this subsection as if it had never occurred". · (d)
- Pub. L. 103–226, §9(b)(2), redesignated subsec. (f) as (d) and struck out former subsec. (d) which read as follows: "Subject to section 8435 of this title, any employee or Member who separates from Government employment before becoming entitled to a deferred annuity under subchapter II of this chap… · (d)
- Pub. L. 103–226, §9(i)(4), substituted "(c) of section 8435" for "(d) of section 8435". · (d)
- Pub. L. 103–226, §9(b)(4), (i)(5), substituted "section 8435(c)" for "section 8435(d)" and struck out "or (c)(2)" after "subsection (b)(2)". · (d)
- Pub. L. 103–226, §9(b)(2), (i)(6), redesignated subsec. (g) as (e) and substituted "section 8435(c)(2)" for "section 8435(d)(2)". Former subsec. (e) redesignated (c). · (e)
- Pub. L. 103–226, §9(b)(2), redesignated subsec. (h) as (f). Former subsec. (f) redesignated (d). · (f)
- Pub. L. 103–226, §9(b)(5)(A), (B), redesignated par. (2) as (1), substituted "Notwithstanding subsection (b), if an employee or Member separates from Government employment, and such employee's or Member's" for "Notwithstanding subsections (b) and (c), if an employee or Member separa… · (f)
- Pub. L. 103–226, §9(b)(5)(A), (C), redesignated par. (3) as (2) and substituted "paragraph (1)" for "paragraphs (1) and (2)" before ", benefits under this chapter". Former par. (2) redesignated (1). · (f)
- Pub. L. 103–226, §9(b)(5)(A), redesignated par. (3) as (2). · (f)
- Pub. L. 103–226, §9(b)(2), redesignated subsec. (i) as (g). Former subsec. (g) redesignated (e). · (g)
- Pub. L. 103–226, §9(i)(7), substituted "section 8435(e)" for "section 8435(f)". · (g)
- Pub. L. 103–226, §9(b)(2), redesignated subsec. (h) as (f). · (h)
- Pub. L. 103–353, §4(b)(2), inserted before period at end ", or unless an election under section 8432b(h)(2) is made to treat such separation for purposes of this paragraph as if it had never occurred". · (h), (2)
- Pub. L. 103–226, §9(b)(2), redesignated subsec. (i) as (g). · (i)
- Pub. L. 103–353, §5(e)(4), substituted "Internal Revenue Code of 1986" for "Internal Revenue Code of 1954". · (i)
1992
- Pub. L. 102–484 inserted "any employee who separates from Government employment pursuant to regulations under section 3502(a) of this title or procedures under section 3595(a) of this title in a reduction in force," after "chapter 81 of this title,". · (b)
1990
- Pub. L. 101–335, §5(a)(1), substituted "an annuity contract is purchased to provide for the annuity elected by the former employee or Member" for "an annuity elected by the former employee or Member commences". · (f)
- Pub. L. 101–335, §5(a)(2), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: "A modification of a date may not be made under paragraph (2) on or after such date and may not specify a date for the commencement of an annuity earlier than 1 month after … · (f)
- Pub. L. 101–335, §6(a)(2), amended subsec. (h) generally. Prior to amendment, subsec. (h) read as follows: "Unless otherwise elected under this section, benefits under this subchapter shall be paid as an annuity commencing for an employee, Member, former employee, or former Member on F… · (h)
1988
- Pub. L. 100–238 amended par. (3) generally. Prior to amendment, par. (3) read as follows: "Loans under this subsection shall be subject to such conditions as the Board may prescribe consistent with section 408(b)(1) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1… · (i)
Text, outline and history from the official U.S. Code (2024 edition) on GovInfo, published by the Office of the Law Revision Counsel. Changes made after that edition appear under This Congress.