Federal · Title 5 — Government Organization and Employees

5 U.S.C. § 8318: Restoration of annuity or retired pay

Civil

What this law says, in plain English

This statute permits the President to restore annuity or retired pay rights to individuals and beneficiaries whose benefits were denied under specified federal criminal forfeiture provisions, and establishes conditions for spousal pension eligibility.

Read the full statutory text

an offense named by section 8312 of this title ; or an offense constituting a violation of section 8314 or 8315 of this title; The President may restore, effective as of the date he prescribes, the right to receive annuity or retired pay which is denied, before, on, or after September 1, 1954 , under section 8314 or 8315 of this title, to the individual and to his survivor or beneficiary. the date of pardon referred to by subsection (a) of this section; or the effective date of restoration referred to by subsection (b) of this section. Credit for a period of service covered by a refund under section 8316 of this title is allowed only after the amount refunded has been redeposited. The spouse of an individual whose annuity or retired pay is forfeited under section 8312 or 8313 after the date of enactment of this subsection shall be eligible for spousal pension benefits if the Attorney General of the United States determines that the spouse fully cooperated with Federal authorities in the conduct of a criminal investigation and subsequent prosecution of the individual which resulted in such forfeiture.

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This page is legal information, not legal advice. Code text is sourced from official publications and may lag amendments — always confirm at the official source linked above. Plain-English summaries and relationship data are AI-derived and reviewed on an ongoing basis; verify with a licensed attorney before acting.