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

1½ percent of his average pay multiplied by so much of his total service as does not exceed 5 years; plus 1¾ percent of his average pay multiplied by so much of his total service as exceeds 5 years but does not exceed 10 years; plus 2 percent of his average pay multiplied by so much of his total service as exceeds 10 years. at least 5 years’ service as a Congressional employee or Member or any combination thereof; and deductions withheld from his pay or has made deposit covering his last 5 years of civilian service; his service as a Member and so much of his military service as is creditable for the purpose of this paragraph; and his Congressional employee service; 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 total service as exceeds 20 years. 2½ percent of the employee’s average pay multiplied by so much of that service as does not exceed 20 years; plus 2 percent of the employee’s average pay multiplied by so much of that service as exceeds 20 years. 2½ percent of the employee’s average pay multiplied by so much of that service as does not exceed 20 years; plus 2 percent of the employee’s average pay multiplied by so much of that service as exceeds 20 years. In the case of an employee who has service as a law enforcement officer or firefighter to which paragraph (2) of this subsection applies, the annuity of that employee is increased by $8 for each full month of that service which is performed in the Republic of Panama. was employed as a law enforcement officer or firefighter by the Panama Canal Company or Canal Zone Government at any time during the period beginning March 31, 1979 , and ending September 30, 1979 ; and does not meet the age and service requirements of section 8336(c) of this title ; An annuity increase under this paragraph does not apply with respect to service performed after completion of 20 years of service (or any combination of service) as a law enforcement officer or firefighter. service as an employee of 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 Republic of Panama; and “Executive agency” includes the Smithsonian Institution. 2½ percent of the employee’s average pay multiplied by so much of the employee’s service on or after that date as does not exceed 20 years; plus 2 percent of the employee’s average pay multiplied by so much of the employee’s service on or after that date as exceeds 20 years. The annuity of an employee who is a judge of the United States Court of Appeals for the Armed Forces, or a former judge of such court, retiring under this subchapter is computed under subsection (a) of this section, except, with respect to his service as a judge of such court, his service as a Member, his congressional employee service, and his military service (not exceeding 5 years) creditable under section 8332 of this title , his annuity is computed by multiplying 2½ percent of his average pay by the years of that service. The annuity of an employee retiring under section 8336(e) of this title is computed under subsection (a) of this section. That annuity may not be less than 50 percent of the average pay of the employee 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 deposited in the Fund the amount received, with interest, pursuant to section 8334(d)(1) of this title . the average pay of the employee; or the final basic pay of the Member; the average pay of the Member; or the final basic pay of the appointive position of a former Member who elects to have his annuity computed or recomputed under section 8344(d)(1) of this title . 40 percent of his average pay; or the sum obtained under subsections (a) through (c), (n), (q), (r), or (s) after increasing his service of the type last performed by the period elapsing between the date of separation and the date he becomes 60 years of age. The annuity computed under subsections (a), (b), (d)(5), and (f) of this section for an employee retiring under section 8336(d), (h), (j), or ( o ) of this title is reduced by ⅙ of 1 percent for each full month the employee is under 55 years of age at the date of separation. The annuity computed under subsections (c) and (f) of this section for a Member retiring under the second or third sentence of section 8336(g) of this title or the third sentence of section 8338(b) of this title is reduced by 1 ⁄ 12 of 1 percent for each full month not in excess of 60 months, and ⅙ of 1 percent for each full month in excess of 60 months, the Member is under 60 years of age at the date of separation. The annuity computed under subsections (a), (d)(6), and (f) of this section for a judge of the United States Court of Appeals for the Armed Forces retiring under the second sentence of section 8336(k) of this title or the third sentence of section 8338(c) of this title is reduced by 1 ⁄ 12 of 1 percent for each full month not in excess of 60 months, and ⅙ of 1 percent for each full month in excess of 60 months, the judge is under 60 years of age at the date of separation. the employee or Member makes a deposit for such period as provided in section 8334(c) or (d)(1) of this title; or no deposit is required for such service, as provided under section 8334(g) of this title or under any statute. that the spouse’s whereabouts cannot be determined, or that, due to exceptional circumstances, requiring the employee or Member to seek the spouse’s consent would otherwise be inappropriate. 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 subsections (a)–(i), (n), (q), (r), and (s) (or any designated portion of the annuity, in the event that the former spouse is entitled to less than 55 percent of the employee or Member’s annuity) is reduced as provided in paragraph (4) of this subsection. any court order or decree referred to in subsection (h)(1) of section 8341 of this title , which was issued before the date of such election; or any agreement referred to in such subsection which was entered into before such date; or would cause the total of survivor annuities payable under subsections (b), (d), (f), and (h) of section 8341 of this title based on the service of the employee or Member to exceed 55 percent of the annuity to which the employee or Member is entitled under subsections (a)–(i), (n), (q), (r), and (s); and shall not be effective, in the case of an employee or Member who is then married, unless it is made with the spouse’s written consent. In order to provide a survivor annuity or combination of survivor annuities under subsections (b), (d), (f), and (h) of section 8341 of this title , the annuity of an employee or Member (or any designated portion or portions thereof) is reduced by 2½ percent of the first $3,600 thereof plus 10 percent of so much thereof as exceeds $3,600. after the death of the spouse, or after the dissolution of the spouse’s marriage to the employee or Member, except that an appropriate reduction shall be made thereafter if the spouse is entitled, as a former spouse, to a survivor annuity under section 8341(h) of this title . Any reduction in an annuity for the purpose of providing a survivor annuity for a former spouse of a retired employee or Member shall be terminated for each full month after the former spouse remarries before reaching age 55 or dies. This reduction shall be replaced by an appropriate reduction or reductions under paragraph (4) of this subsection if the retired employee or Member has (i) another former spouse who is entitled to a survivor annuity under section 8341(h) of this title , (ii) a current spouse to whom the employee or Member was married at the time of retirement and with respect to whom a survivor annuity was not jointly waived under paragraph (1) of this subsection, or (iii) a current spouse whom the employee or Member married after retirement and with respect to whom an election has been made under subparagraph (C) of this paragraph or subsection (k)(2) of this section. Upon remarriage, a retired employee or Member who was married at the time of retirement (including an employee or Member whose annuity was not reduced to provide a survivor annuity for the employee or Member’s spouse or former spouse as of the time of retirement) may irrevocably elect during such marriage, in a signed writing received by the Office within 2 years after such remarriage or, if later, within 2 years after the death or remarriage of any former spouse of such employee or Member who was entitled to a survivor annuity under section 8341(h) of this title (or of the last such surviving former spouse, if there was more than one), a reduction in the employee or Member’s annuity under paragraph (4) of this subsection for the purpose of providing an annuity for such employee or Member’s spouse in the event such spouse survives the employee or Member. Such election and reduction shall be effective the first day of the second month after the election is received by the Office, but not less than 9 months after the date of the remarriage, and the retired employee or Member shall deposit in the Fund an amount determined by the Office of Personnel Management, as nearly as may be administratively feasible, to reflect the amount by which the annuity of such retired employee or Member would have been reduced if the election had been in effect since the date of retirement or, if later, the date the previous reduction in such retired employee or Member’s annuity was terminated under subparagraph (A) or (B) of this paragraph, plus interest. For the purposes of the preceding sentence, the annual rate of interest for each year during which an annuity would have been reduced if the election had been in effect on and after the applicable date referred to in such sentence shall be 6 percent. The Office shall, by regulation, provide for payment of the deposit required under clause (ii) by a reduction in the annuity of the employee or Member. The reduction shall, to the extent practicable, be designed so that the present value of the future reduction is actuarially equivalent to the deposit required under clause (ii), except that total reductions in the annuity of an employee or Member to pay deposits required by the provisions of this paragraph or paragraph (3) shall not exceed 25 percent of the annuity computed under subsections (a) through (i), (n), (q), and (r), including adjustments under section 8340. The reduction required by this clause, which shall be effective on the same date as the election under clause (i), shall be permanent and unaffected by any future termination of the marriage. Such reduction shall be independent of and in addition to the reduction required under clause (i). Notwithstanding any other provision of this subparagraph, an election under this subparagraph may not be made for the purpose of providing an annuity in the case of a spouse by remarriage if such spouse was married to the employee or Member at the time of such employee or Member’s retirement, and all rights to survivor benefits for such spouse under this subchapter based on marriage to such employee or Member were then waived under paragraph (1) of this subsection or a similar prior provision of law. shall prospectively void any election made by the employee or Member under subsection (k)(1) of this section with respect to such person; or shall, if an election was made by the employee or Member under such subsection (k)(1) with respect to a different person, prospectively void such election if appropriate written application is made by such employee or Member at the time of making the election under this subparagraph. the employee or Member makes an election under this subparagraph after having made an election under subsection (k)(1) of this section; and the election under such subsection (k)(1) becomes void under clause (v) of this subparagraph. At the time of retiring under section 8336 or 8338 of this title, an employee or Member who is found to be in good health by the Office may elect a reduced annuity instead of an annuity computed under subsections (a)–(i), (n), (q), (r), and (s) and name in writing an individual having an insurable interest in the employee or Member to receive an annuity under section 8341(c) of this title after the death of the retired employee or Member. The annuity of the employee or Member making the election is reduced by 10 percent, and by 5 percent for each full 5 years the individual named is younger than the retiring employee or Member. However, the total reduction may not exceed 40 percent. An annuity which is reduced under this paragraph or any similar prior provision of law shall, effective the first day of the month following the death of the individual named under this paragraph, be recomputed and paid as if the annuity had not been so reduced. 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 accordance with subsection (j)(1) of this section. An employee or Member, who is unmarried at the time of retiring under a provision of law which permits election of a reduced annuity with a survivor annuity payable to such employee or Member’s spouse and who later marries, may irrevocably elect, in a signed writing received in the Office 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 employee or Member who was entitled to a survivor annuity under section 8341(h) of this title (or of the last such surviving former spouse, if there was more than one), a reduction in the retired employee or Member’s current annuity as provided in subsection (j) of this section. shall prospectively void any election made by the employee or Member under paragraph (1) of this subsection with respect to such person; or shall, if an election was made by the employee or Member under such paragraph with respect to a different person, prospectively void such election if appropriate written application is made by such employee or Member at the time of making the election under this paragraph. The retired employee or Member shall deposit in the Fund an amount determined by the Office of Personnel Management, as nearly as may be administratively feasible, to reflect the amount by which the retired employee or Member’s annuity would have been reduced under subsection (j)(4) of this section since the commencing date of the annuity, if the employee or Member had been married at the time of retirement and had elected to provide a survivor annuity at that time, plus interest. For the purposes of the preceding sentence, the annual rate of interest for each year during which the annuity would have been reduced if the election had been in effect since the date of the annuity commenced shall be 6 percent. The Office shall, by regulation, provide for payment of the deposit required under subparagraph (B)(ii) by a reduction in the annuity of the employee or Member. The reduction shall, to the extent practicable, be designed so that the present value of the future reduction is actuarially equivalent to the deposit required under subparagraph (B)(ii), except that total reductions in the annuity of an employee or Member to pay deposits required by this subsection or subsection (j)(3) shall not exceed 25 percent of the annuity computed under subsections (a) through (i), (n), (q), and (r), including adjustments under section 8340. The reduction required by this subparagraph, which shall be effective on the same date as the election under subparagraph (A), shall be permanent and unaffected by any future termination of the marriage. Such reduction shall be independent of and in addition to the reduction required under subparagraph (A). the employee or Member makes an election under this paragraph after having made an election under paragraph (1) of this subsection; and the election under such paragraph (1) becomes void under subparagraph (B)(i) of this paragraph. the Alaska Engineering Commission, or The Alaska Railroad, in Alaska between March 12, 1914 , and July 1, 1923 ; or the Isthmian Canal Commission, or the Panama Railroad Company, on the Isthmus of Panama between May 4, 1904 , and April 1, 1914 . In computing any annuity under subsections (a) through (e), (n), (q), (r), and (s), the total service of an employee who retires on an immediate annuity or dies leaving a survivor or survivors entitled to annuity includes, without regard to the limitations imposed by subsection (f) of this section, the days of unused sick leave to his credit under a formal leave system, except that these days will not be counted in determining average pay or annuity eligibility under this subchapter. For the purpose of this subsection, in the case of any such employee who is excepted from subchapter I of chapter 63 of this title under section 6301(2)(x)–(xiii) of this title, the days of unused sick leave to his credit include any unused sick leave standing to his credit when he was excepted from such subchapter. The annuity of an employee who is a Court of Federal Claims judge, bankruptcy judge, or United States magistrate judge is computed, with respect to service as a Court of Federal Claims judge, as a commissioner of the Court of Claims, as a referee in bankruptcy, as a bankruptcy judge, as a United States magistrate judge, and as a United States commissioner, and with respect to the military service of any such individual (not exceeding 5 years) creditable under section 8332 of this title , by multiplying 2½ percent of the individual’s average pay by the years of that service. who, at the time of retirement, is married, and who notifies the Office at such time (in accordance with subsection (j)) that a survivor annuity under section 8341(b) of this title is not desired, who, at the time of retirement, is married, and who at such time designates (in accordance with subsection (j)) that a limited portion of the annuity of such employee or Member is to be used as the base for a survivor annuity under section 8341(b) of this title , An election under subparagraph (A) or (B) of paragraph (1) of this subsection shall not be considered effective unless the amount specified in subparagraph (B) of this paragraph is deposited into the Fund before the expiration of the applicable 18-month period under paragraph (1). the additional cost to the System which is associated with providing a survivor annuity under subsection (b)(2) of this section and results from such election taking into account (I) the difference (for the period between the date on which the annuity of the participant or former participant commences and the date of the election) between the amount paid to such participant or former participant under this subchapter and the amount which would have been paid if such election had been made at the time the participant or former participant applied for the annuity, and (II) the costs associated with providing for the later election; and interest on the additional cost determined under clause (i) of this subparagraph computed using the interest rate specified or determined under section 8334(e) of this title for the calendar year in which the amount to be deposited is determined. An election by an employee or Member under this subsection voids prospectively any election previously made in the case of such employee or Member under subsection (j). An annuity which is reduced in connection with an election under this subsection shall be reduced by the same percentage reductions as were in effect at the time of the retirement of the employee or Member whose annuity is so reduced. Rights and obligations resulting from the election of a reduced annuity under this subsection shall be the same as the rights and obligations which would have resulted had the employee or Member involved elected such annuity at the time of retiring. The Office shall, on an annual basis, inform each employee or Member who is eligible to make an election under this subsection of the right to make such election and the procedures and deadlines applicable to such election. the average pay of the employee, to the extent that it includes pay for service performed in any position on a part-time basis, shall be determined by using the annual rate of basic pay that would be payable for full-time service in the position; and the benefit so computed shall then be multiplied by a fraction equal to the ratio which the employee’s actual service, as determined by prorating an employee’s total service to reflect the service that was performed on a part-time basis, bears to the total service that would be creditable for the employee if all of the service had been performed on a full-time basis. For the purpose of this subsection, employment on a part-time basis shall not be considered to include employment on a temporary or intermittent basis. subparagraph (A) of such paragraph shall apply with respect to service performed before, on, or after April 7, 1986 ; and shall apply with respect to that portion of any annuity which is attributable to service performed on or after April 7, 1986 ; and shall not apply with respect to that portion of any annuity which is attributable to service performed before April 7, 1986 . 2½ percent of the member’s average pay multiplied by so much of such member’s total service as does not exceed 20 years; plus 2 percent of the member’s average pay multiplied by so much of such member’s total service as exceeds 20 years. The annuity of a member of the Supreme Court Police, or former member of the Supreme Court Police, retiring under this subchapter is computed in accordance with subsection (d). 1 The annuity of a Member who has served in a position in the executive branch for which the rate of basic pay was reduced for the duration of the service of the Member in that position to remove the impediment to the appointment of the Member imposed by article I, section 6, clause 2 of the Constitution, shall, subject to a deposit in the Fund as provided under section 8334(m), be computed as though the rate of basic pay which would otherwise have been in effect during that period of service had been in effect. 1 So in original. Two subsecs. (s) have been enacted. 1 For purposes of this subsection, the term “physicians comparability allowance” refers to an amount described in section 8331(3)(H). Except as otherwise provided in this subsection, no part of a physicians comparability allowance shall be treated as basic pay for purposes of any computation under this section unless, before the date of the separation on which entitlement to annuity is based, the separating individual has completed at least 15 years of service as a Government physician (whether performed before, on, or after the date of the enactment of this subsection). If the condition under paragraph (2) is met, then, any amounts received by the individual in the form of a physicians comparability allowance shall (for the purposes referred to in paragraph (2)) be treated as basic pay, but only to the extent that such amounts are attributable to service performed on or after the date of the enactment of this subsection, and only to the extent of the percentage allowable, which shall be determined as follows: If the total amount of service performed, on or after the date of the enactment of this subsection, as a Government physician is: Then, the percentage allowable is: Less than 2 years 0 At least 2 but less than 4 years 25 At least 4 but less than 6 years 50 At least 6 but less than 8 years 75 At least 8 years 100. an annuity under subsection (g); and a survivor annuity under section 8341, if based on the service of an individual who dies before separating from service. on the basis of service that does not include service credited under section 8332(b)(17); and assuming the employee separated from service on the actual date of the separation of the employee. The amendments made by this section [amending this section and sections 8334 and 8418 of this title] shall take effect on the first day of the first month beginning at least 30 days after the date of the enactment of this Act [ Aug. 10, 1993 ] and shall apply to all deposits required under section 8339(j)(3) or (5), 8339(k)(2), or 8418 of title 5, United States Code, on which no payment has been made prior to such effective date. For any deposit required under section 8339(j)(3) or (5), 8339(k)(2), or 8418 of title 5, United States Code, or section 4(b) or (c) of the Civil Service Retirement Spouse Equity Act of 1984 [ Pub. L. 98–615 ] ( 5 U.S.C. 8341 note) that has been partially, but not fully, paid before the effective date of this Act [probably should be “the effective date of the amendments made by this section”], the Office shall by regulation provide for determining the remaining portion of the deposit and for payment of the remaining portion of the deposit by a prospective reduction in the annuity of the employee or Member. The reduction shall be similar to the reductions provided pursuant to the amendments made under this section.” The amendment made by paragraph (1) [amending this section] shall take effect 4 years after the date of enactment of this Act [ Oct. 15, 1990 ], and shall apply with respect to any annuity, entitlement to which is based on a separation occurring on or after that effective date, subject to subparagraph (B). Nothing in this subsection or in the amendment made by this subsection [amending this section] shall, with respect to any service performed before the effective date of such amendment, have the effect of reducing the percentage applicable in computing any portion of an annuity based on such service below the percentage which would otherwise apply if this Act had not been enacted.” The amendment made by subsection (a) [amending this section] shall take effect 3 months after the date of the enactment of this Act [ Feb. 27, 1986 ]. Subject to subparagraph (B), the amendment made by subsection (a) shall apply with respect to employees and Members who retire before, on, or after such amendment first takes effect. the period referred to in subparagraph (A) or (B) of such paragraph (as the case may be) shall be considered to begin on the date on which such amendment first becomes effective; and the amount referred to in paragraph (2) of such section 8339( o ) shall be computed without regard to the provisions of subparagraph (B)(ii) of such paragraph (relating to interest). For purposes of this subsection, the terms ‘employee’ and ‘Member’ each has the meaning given that term in sections 8331(1) and 8331(2) of title 5, United States Code, respectively.” the first day of the first month which begins on or after the date of the enactment of this Act [ July 10, 1978 ], or October 1, 1978 , Except as provided under subsection (c) of this section, the amendments made by the first section and section 2 of this Act [amending this section and section 8341 of this title ] shall apply with respect to annuities which commence before, on, or after the effective date of this Act, but no monetary benefit by reason of such amendments shall accrue for any period before such effective date. The amendments made by the first section of this Act [amending this section and section 8341 of this title ] shall not affect the eligibility of any individual to a survivor annuity under section 8341(b) of title 5 , United States Code, or the reduction therefor under section 8339(j) of such title, in the case of an annuitant who remarried before the effective date of this Act, unless the annuitant notifies the Civil Service Commission in a signed writing received in the Commission within one year after the effective date of this Act that such annuitant does not desire the spouse of the annuitant to receive a survivor annuity in the event of the annuitant’s death. Such notification shall take effect the first day of the first month after it is received in the Commission.” The annuity of each person who, on the effective date of this section [ Jan. 1, 1963 ], is receiving or entitled to receive an annuity from the civil service retirement and disability fund shall be increased by 5 per centum of the amount of such annuity. The annuity of each person who receives or is entitled to receive an annuity from the civil service retirement and disability fund commencing during the period which begins on the day following the effective date of this section [ Jan. 1, 1963 ] and ends five years after such date, shall be increased in accordance with the following table: “If the annuity commences between— The annuity shall be increased by— “ January 2, 1963 , and December 31, 1963 4 per centum “ January 1, 1964 , and December 31, 1964 3 per centum “ January 1, 1965 , and December 31, 1965 2 per centum “ January 1, 1966 , and December 31, 1966 1 per centum In lieu of any other increase provided by this section, the annuity of a survivor of a retired employee or Member of Congress who received an increase under this section shall be increased by a percentage equal to the percentage by which the annuity of such employee or Member was so increased. No increase provided by this section shall be computed on any additional annuity purchased at retirement by voluntary contributions. The limitation reading ‘or (3) the sum necessary to increase such annuity, exclusive of annuity purchased by voluntary contributions under the second paragraph of section 10 of this Act, to $2,160’ contained in section 8(c)(1) of the Civil Service Retirement Act of May 29, 1930 , as amended by the Acts of July 16, 1952 ( 66 Stat. 722 ; Public Law 555, Eighty-second Congress), and August 31, 1954 ( 68 Stat. 1043 ; Public Law 747, Eighty-third Congress), shall not be effective on or after the effective date of this section [ Jan. 1, 1963 ]. The limitation contained in the next to the last sentence of section 8(d)(1) of the Civil Service Retirement Act of May 29, 1930 , as amended, as enacted by the Act of August 11, 1955 ( 69 Stat. 692 ; Public Law 369, Eighty-fourth Congress) shall not be effective on and after the effective date of this section [ Jan. 1, 1963 ]. The increases provided by this section shall take effect on the effective date of this section [ Jan. 1, 1963 ], except that any increase under subsection (b) or (c) shall take effect on the beginning date of the annuity. The monthly installment of annuity after adjustment under this section shall be fixed at the nearest dollar”. the annuity of each retired employee or Member of Congress who, on August 1, 1958 , is receiving or entitled to receive an annuity from the civil service retirement and disability fund based on service which terminated prior to October 1, 1956 , shall be increased by 10 per centum, but no such increase shall exceed $500 per annum. each survivor who on August 1, 1958 , is receiving or entitled to receive an annuity based on service which terminated prior to October 1, 1956 , and each survivor of a retired employee or Member of Congress described in subsection (a) of this section, No increase provided by this section shall be computed on any additional annuity purchased at retirement by voluntary contributions. who had completed at least ten years of service creditable for civil service retirement purposes. who (A) died February 29, 1948 , or (B), if retired under the Alaska Railroad Retirement Act of June 29, 1936 , as amended, or under sections 91 to 107, inclusive, of title 2 of the Canal Zone Code, approved June 19, 1934 , as amended, died before April 1, 1948 ; and who was at the time of his death (A) subject to an Act under which annuities granted before February 20, 1948 , were or are now payable from the civil service retirement and disability fund or (B) retired under such an Act, An increase in annuity provided by subsection (a), or clause (1) of subsection (b), of the first section of this Act shall take effect on August 1, 1958 . An increase in annuity provided by clause (2) of such subsection (b) shall take effect on the commencing date of the survivor annuity. An annuity provided by section 2 of this Act shall commence on August 1, 1958 , or on the first day of the month in which application for such annuity is received in the Civil Service Commission, whichever occurs later. The monthly installment of each annuity increased or provided by this Act shall be fixed at the nearest dollar. Notwithstanding any other provision of law, the annuities and increases in annuities provided by the preceding sections of this Act shall be paid from the civil service retirement and disability fund. The amendments made by section 401 of the Civil Service Retirement Act Amendments of 1956 ( 70 Stat. 743–760 ; 5 U.S.C. 2251–226 7) [amending provisions covered by this subchapter] may apply at the option of any employee who, prior to July 31, 1956 , was separated from the service under the automatic separation provisions of the Civil Service Retirement Act [this subchapter] but whose separation would not have taken effect until after July 30, 1965 , if he had been permitted to remain in the service until the expiration of any accumulated or current accrued annual leave to his credit at the time of his separation from the service. Such option shall be exercised by a writing received in the Civil Service Commission before January 1, 1959 . No increase in annuity provided by this Act or any prior provision of law shall apply in the case of any retired employee who exercises the option permitted by subsection (a) of this section.”