5 U.S.C. § 8336: Immediate retirement

An employee who is separated from the service after becoming 55 years of age and completing 30 years of service is entitled to an annuity. An employee who is separated from the service after becoming 60 years of age and completing 20 years of service is entitled to an annuity. An employee who is separated from the service after becoming 50 years of age and completing 20 years of service as a law enforcement officer, firefighter, nuclear materials courier, or customs and border protection officer, or any combination of such service totaling at least 20 years, is entitled to an annuity. was a law enforcement officer or firefighter employed by the Panama Canal Company or the Canal Zone Government at any time during the period beginning March 31, 1979 , and ending September 30, 1979 ; and is separated from the service before January 1, 2000 , after becoming 48 years of age and completing 18 years of service as a law enforcement officer or firefighter, or any combination of such service totaling at least 18 years. is performing service in a covered position; while on duty, becomes ill or is injured as a direct result of the performance of such duties before the date on which the individual becomes entitled to an annuity under paragraph (1) of this subsection or subsection (e), (m), or (n), as applicable; because of the illness or injury described in subclause (II), is permanently unable to render useful and efficient service in the employee’s covered position, as determined by the agency in which the individual was serving when such individual incurred the illness or injury; and is not a covered position; and is within an agency that regularly appoints individuals to supervisory or administrative positions related to the activities of the former covered position of the individual; the term “covered position” means a position as a law enforcement officer, customs and border protection officer, firefighter, air traffic controller, nuclear materials courier, member of the Capitol Police, or member of the Supreme Court Police. Unless an affected individual files an election described in subparagraph (E), creditable service by the affected individual in a position described in subparagraph (A)(i)(IV) shall be treated as creditable service in a covered position for purposes of this chapter and determining the amount to be deducted and withheld from the pay of the affected individual under section 8334. Subparagraph (B) shall only apply if the affected employee transitions to a position described in subparagraph (A)(i)(IV) without a break in service exceeding 3 days. is transferred to a supervisory or administrative position related to the activities of the former covered position of the individual; or meets the age and service requirements that would subject the individual to mandatory separation under section 8335 if such individual had remained in the former covered position. In accordance with procedures established by the Director of the Office of Personnel Management, an affected individual may file an election to have any creditable service performed by the affected individual treated in accordance with this chapter without regard to subparagraph (B). Nothing in this paragraph shall be construed to apply to such affected individual any other pay-related laws or regulations applicable to a covered position. is separated from the service involuntarily, except by removal for cause on charges of misconduct or delinquency; or has been employed continuously, by the agency in which the employee is serving, for at least the 31-day period ending on the date on which such agency requests the determination referred to in subparagraph (D); is serving under an appointment that is not time limited; has not been duly notified that such employee is to be involuntarily separated for misconduct or unacceptable performance; such agency (or, if applicable, the component in which the employee is serving) is undergoing substantial delayering, substantial reorganization, substantial reductions in force, substantial transfer of function, or other substantial workforce restructuring (or shaping); a significant percentage of employees servicing 2 in such agency (or component) are likely to be separated or subject to an immediate reduction in the rate of basic pay (without regard to subchapter VI of chapter 53, or comparable provisions); or 2 So in original. Probably should be “serving”. identified as being in positions which are becoming surplus or excess to the agency’s future ability to carry out its mission effectively; and 1 or more organizational units; 1 or more occupational series or levels; 1 or more geographical locations; specific periods; skills, knowledge, or other factors related to a position; or any appropriate combination of such factors; An employee who is voluntarily or involuntarily separated from the service, except by removal for cause on charges of misconduct or delinquency, after completing 25 years of service as an air traffic controller or after becoming 50 years of age and completing 20 years of service as an air traffic controller, is entitled to an annuity. An employee who is separated from the service after becoming 62 years of age and completing 5 years of service is entitled to an annuity. A Member who is separated from the service after becoming 62 years of age and completing 5 years of civilian service or after becoming 60 years of age and completing 10 years of Member service is entitled to an annuity. A Member who is separated from the service after becoming 55 years of age (but before becoming 60 years of age) and completing 30 years of service is entitled to a reduced annuity. A Member who is separated from the service, except by resignation or expulsion, after completing 25 years of service or after becoming 50 years of age and (1) completing 20 years of service or (2) serving in 9 Congresses is entitled to an annuity. A member of the Senior Executive Service who is removed from the Senior Executive Service for less than fully successful executive performance (as determined under subchapter II of chapter 43 of this title) after completing 25 years of service or after becoming 50 years of age and completing 20 years of service is entitled to an annuity. A member of the Defense Intelligence Senior Executive Service or the Senior Cryptologic Executive Service who is removed from such service for failure to be recertified as a senior executive or for less than fully successful executive performance after completing 25 years of service or after becoming 50 years of age and completing 20 years of service is entitled to an annuity. A member of the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service who is removed from such service for failure to be recertified as a senior executive or for less than fully successful executive performance after completing 25 years of service or after becoming 50 years of age and completing 20 years of service is entitled to an annuity. involuntarily, after completing 20 years of service or after becoming 48 years of age and completing 18 years of service, if the separation is a result of the implementation of any provision of the Panama Canal Treaty of 1977 and related agreements; or voluntarily, after completing 23 years of service or after becoming 48 years of age and completing 18 years of service. the employee is separated involuntarily, after completing 20 years of service or after becoming 48 years of age and completing 18 years of service; and the separation is the result of the implementation of any provision of the Panama Canal Treaty of 1977 and related agreements. involuntarily, after completing 20 years of service or after becoming 48 years of age and completing 18 years of service, if the separation is a result of the implementation of any provision of the Panama Canal Treaty of 1977 and related agreements; or voluntarily, after completing 23 years of service or after becoming 48 years of age and completing 18 years of service. service as an employee of the Canal Zone Government, the Panama Canal Company, or the Panama Canal Commission; or service at a permanent duty station in the Canal Zone or Republic of Panama as an employee of an Executive agency conducting operations in the Canal Zone or the Republic of Panama; and “Executive agency” includes the United States District Court for the District of the Canal Zone and the Smithsonian Institution. is separated from the service after completing 25 years of service or after becoming 50 years of age and completing 20 years of service, or is involuntarily separated, except by removal for cause on charges of misconduct or delinquency, during the 2-year period before the date on which he would meet the years of service and age requirements under clause (i), was employed in the Bureau of Indian Affairs, the Indian Health Service, a tribal organization (to the extent provided in paragraph (2)), or any combination thereof, continuously from December 21, 1972 , to the date of his separation, and is not entitled to preference under the Indian preference laws. the employee was employed by the tribal organization after January 4, 1975 , and immediately before such employment he was an employee of the Bureau of Indian Affairs or the Indian Health Service, and at the time of such employment such employee and the tribal organization were eligible to elect, and elected, to have the employee retain the coverage, rights, and benefits of this chapter under section 105(e)(2) of the Indian Self-Determination Act ( 25 U.S.C. 450i(a)(2) ; 3 3 See References in Text note below. 88 Stat. 2209 ). the date the employee first meets the years of service and age requirements of paragraph (1)(A)(i), or the date of the enactment of this paragraph, if the employee met those requirements before that date. such employee consents to such postponement, and the Secretary finds that such postponement is necessary for the continued effective operation of the agency. “Bureau of Indian Affairs” means (i) the Bureau of Indian Affairs and (ii) all other organizational units in the Department of the Interior directly and primarily related to providing services to Indians and in which positions are filled in accordance with the Indian preference laws. “Indian preference laws” means section 12 of the Act of June 18, 1934 ( 25 U.S.C. 472 ; 48 Stat. 986 ), 3 or any other provision of law granting a preference to Indians in promotions or other Federal personnel actions. A bankruptcy judge, United States magistrate judge, or Court of Federal Claims judge who is separated from service, except by removal, after becoming 62 years of age and completing 5 years of civilian service, or after becoming 60 years of age and completing 10 years of service as a bankruptcy judge, United States magistrate judge, or Court of Federal Claims judge, is entitled to an annuity. A judge of the United States Court of Appeals for the Armed Forces who is separated from the service after becoming 62 years of age and completing 5 years of civilian service or after completing the term of service for which he was appointed as a judge of such court is entitled to an annuity. A judge who is separated from the service before becoming 60 years of age is entitled to a reduced annuity. A member of the Capitol Police who is separated from the service after becoming 50 years of age and completing 20 years of service as a member of the Capitol Police as a law enforcement officer, or as a customs and border protection officer, or any combination of such service totaling at least 20 years, is entitled to an annuity. A member of the Supreme Court Police who is separated from the service after becoming 50 years of age and completing 20 years of service as a member of the Supreme Court Police as a law enforcement officer, or as a customs and border protection officer, or any combination of such service totaling at least 20 years, is entitled to an annuity. An annuity or reduced annuity authorized by this section is computed under section 8339 of this title . completed 25 years of service; or become 50 years of age and completed 20 years of service; and is eligible for the annuity under paragraph (2) or (3). is separated from the service involuntarily other than for cause; and has not declined a reasonable offer of another position in the Department of Defense for which the employee is qualified, which is not lower than 2 grades (or pay levels) below the employee’s grade (or pay level), and which is within the employee’s commuting area. For the purposes of paragraph (2)(A)(i), a separation for failure to accept a directed reassignment to a position outside the commuting area of the employee concerned or to accompany a position outside of such area pursuant to a transfer of function may not be considered to be a removal for cause. The employee is separated from the service voluntarily during a period in which the organization within the Department of Defense in which the employee is serving is undergoing a major organizational adjustment. The employee has been employed continuously by the Department of Defense for more than 30 days before the date on which the head of the employee’s organization requests the determinations required under subparagraph (A). The employee is serving under an appointment that is not limited by time. The employee is not in receipt of a decision notice of involuntary separation for misconduct or unacceptable performance. One or more organizational units. One or more occupational groups, series, or levels. One or more geographical locations. Any other similar objective and nonpersonal criteria that the Office of Personnel Management determines appropriate. the requirements of subparagraph (A) of paragraph (3) shall be made by the Office, upon the request of the Secretary of Defense; and the requirements of subparagraph (E) of such paragraph shall be made by the Secretary of Defense. A determination of which employees are within the scope of an offer of early retirement shall be made only on the basis of consistent and well-documented application of the relevant criteria. A major reorganization. A major reduction in force. A major transfer of function. to meet mission needs; to achieve one or more reductions in strength; to correct skill imbalances; or to reduce the number of high-grade, managerial, supervisory, or similar positions. shall take effect on the date of enactment of this Act [ Dec. 9, 2022 ]; and shall apply to an individual who suffers an illness or injury described in section 8336(c)(3)(A)(i)(II) or section 8412(d)(2)(A)(i)(II) of title 5 , United States Code, as amended by this section, section 302(d)(1)(A)(ii) of the Central Intelligence Agency Retirement Act [ 50 U.S.C. 2152(d)(1)(A)(ii) ], as amended by this section, or section 806(a)(6)(D)(i)(I)(bb) of the Foreign Service Act of 1980 [ 22 U.S.C. 4046(a)(6)(D)(i)(I)(bb) ], as amended by this section, on or after the date that is 2 years after the date of enactment of this Act.” Not later than 1 year after the date of enactment of this Act [ Dec. 9, 2022 ], the Director of the Office of Personnel Management shall promulgate regulations to carry out the amendments made by subsections (a) and (b) [amending this section, sections 8412, 8414, 8415, 8421, 8421a, 8425, and 8462 of this title, and sections 4045 and 4052 of Title 22, Foreign Relations and Intercourse]. The Director of the Central Intelligence Agency shall promulgate regulations to carry out the amendment made by subsection (c) [amending section 2152 of Title 50 , War and National Defense]. The Secretary of State shall promulgate regulations to carry out the amendment made by subsection (d) [amending section 4046 of Title 22 ]. was incurred in the course of the employee’s or special agent’s duties; and permanently precludes the employee or special agent from rendering useful and efficient service in the covered position but would not preclude the employee or special agent from continuing to serve in the Federal service. The regulations promulgated to carry out the amendments made by this Act shall ensure that, to the greatest extent possible, the head of each agency appoints affected employees or special agents to supervisory or administrative positions related to the activities of the former covered position of the employee or special agent. The regulations promulgated to carry out the amendments made by this Act shall ensure that the creditable service of an affected employee or special agent (as the case may be) that is not in a covered position pursuant to an election made under such amendments shall be treated as the same type of service as the covered position in which the employee or agent suffered the qualifying illness or injury.” it is in the best national and homeland security interests of the United States for Federal agencies to retain the specialized knowledge and experience of individuals who suffer an injury or illness while serving in a covered position (as defined under the amendments made by this Act [see Effective Date of 2022 Amendment note set out above]); and Federal agencies should ensure, to the greatest extent possible, that an individual who can no longer carry out the duties of a covered position, and is reappointed to a position in the civil service that is not a covered position, is reappointed within the same Federal agency, in the same geographic location, and at a level of pay commensurate to the position which the individual held immediately prior to such injury or illness.” Effective October 13, 2000 , paragraph (2) of section 8336(d) of title 5 , United States Code, shall, with respect to officers and employees of the Government Accountability Office, be applied as if it had been amended to read as follows: “ ‘(2)(A) has been employed continuously by the Government Accountability Office for at least the 31-day period immediately preceding the start of the period referred to in subparagraph (D); “ ‘(B) is serving under an appointment that is not time limited; “ ‘(C) has not received a notice of involuntary separation, for misconduct or unacceptable performance, with respect to which final action remains pending; and “ ‘(D) is separated from the service voluntarily during a period with respect to which the Comptroller General determines that the application of this subsection is necessary and appropriate for the purpose of— “ ‘(i) realigning the Government Accountability Office’s workforce in order to meet budgetary constraints or mission needs; “ ‘(ii) correcting skill imbalances; or “ ‘(iii) reducing high-grade, managerial, or supervisory positions;’. Effective October 13, 2000 , subparagraph (B) of section 8414(b)(1) of title 5 , United States Code, shall, with respect to officers and employees of the Government Accountability Office, be applied as if it had been amended to read as follows: “ ‘(B)(i) has been employed continuously by the Government Accountability Office for at least the 31-day period immediately preceding the start of the period referred to in clause (iv); “ ‘(ii) is serving under an appointment that is not time limited; “ ‘(iii) has not received a notice of involuntary separation, for misconduct or unacceptable performance, with respect to which final action remains pending; and “ ‘(iv) is separated from the service voluntarily during a period with respect to which the Comptroller General determines that the application of this subsection is necessary and appropriate for the purpose of— “ ‘(I) realigning the Government Accountability Office’s workforce in order to meet budgetary constraints or mission needs; “ ‘(II) correcting skill imbalances; or “ ‘(III) reducing high-grade, managerial, or supervisory positions;’. Not to exceed 10 percent of the Government Accountability Office’s workforce (as of the start of a fiscal year) shall be permitted to take voluntary early retirement in such fiscal year pursuant to this section. geographic area, organizational unit, or occupational series or level; skills, knowledge, or performance; or such other similar factors (or combination of factors described in this or any other paragraph of this subsection) as the Comptroller General considers necessary and appropriate in order to achieve the purpose involved. It is the sense of Congress that the implementation of this section is intended to reshape the Government Accountability Office workforce and not downsize the Government Accountability Office workforce.”