U.S. Code » Title 5 » Part PART III— EMPLOYEES › Subpart Subpart G— Insurance and Annuities › Chapter CHAPTER 83— RETIREMENT › Subchapter SUBCHAPTER I— GENERAL PROVISIONS

5 U.S.C. § 8301

Uniform retirement date

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(a) Except as otherwise specifically provided by this title or other statute, retirement authorized by statute is effective on the first day of the month following the month in which retirement would otherwise be effective.(b) Notwithstanding subsection (a) of this section, the rate of active or retired pay or allowance is computed as of the date retirement would have occurred but for subsection (a) of this section.(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 557.)

Historical and Revision Notes

Derivation

U.S. Code

Revised Statutes and

Statutes at Large

 

5 U.S.C. 47a.

Apr. 23, 1930, ch. 209, § 1, 46 Stat. 253.

In subsection (a), the words “Except as otherwise specifically provided by this title or other statute” are added because of the statutes carried into subchapter III of chapter 83. The words “of Federal personnel of whatever class, civil, military, naval, judicial, legislative, or otherwise, and for whatever cause retired” are omitted as unnecessary. The words “and said first day of the month for retirements made after July 1, 1930, shall be for all purposes in lieu of such date for retirement as was on April 23, 1930, authorized” are omitted as executed.

Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.

Notes of Decisions
Cited in 21 cases (1 in the last 5 years), 1971–2024 · leading case: Lindahl v. Off. of Pers. Mgmt., 470 U.S. 768 (1985).
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Lindahl v. Off. of Pers. Mgmt., 470 U.S. 768 (1985). · cites it 2× “614 , as amended, 5 U. S. C. § 8301 et seq. [2] An employee is "disabled" within the meaning of the Retirement Act if he is "unable, because of disease or injury, to render useful and efficient service in [his] position and is not qualified for reassignment .”
Richardson v. Belcher, 404 U.S. 78 (1971). · cites it 2× “[2] Employees covered by the Civil Service Retirement Act, 5 U. S. C. § 8301 et seq., are entitled to a disability annuity after five years of civilian service.”
Arnett v. Kennedy, 416 U.S. 134 (1974). “His dismissal also affects his valuable statutory entitlements to retirement credits and benefits, 5 U. S. C. §§ 8301 , 8311-8322, 8331-8348; periodic salary increases, 5 U.”
Paalan v. United States, 51 Fed. Cl. 738 (Fed. Cl. 2002). “§ 6330 (a)-(c) (2000), and 5 U.S.C. § 8301 (a) (2000), and compensation for a Fifth Amendment taking of his personal property.”
Kestner v. Dep't of the Interior, 229 Ct. Cl. 772 (Ct. Cl. 1982). · cites it 2× “Petitioner maintains that, in accordance with 5 U.S.C. §8301 , his retirement became effective on September 1, 1980, and, therefore, the RIF action, because it preceded his retirement, was effective.”
Cooper v. United States, 203 Ct. Cl. 300 (Ct. Cl. 1973). “Plaintiff overlooks the Uniform Retirement Date Act, 5 U.S.C. § 8301 , and Army regulation 135-180 which establish the date that retired pay begins as the first day of the month following the month in which the individual qualifies for retirement.”
Villasenor v. Villasenor, 657 P.2d 889 (Ariz. Ct. App. 1982). “) and 83 ( 5 U.S.C. § 8301 et seq.). An employee who is disabled in the performance of Civil Service duties generally qualifies for benefits under Chapter 81.”
Hugh B. MULLER, Plaintiff-Appellant, v. Manuel LUJAN, Jr., Sec'y, United States Dep't of Interior, Defendant-Appellee, 928 F.2d 207 (6th Cir. 1991). “See 5 U.S.C. § 8301 et seq. (governing Civil Service Retirement System).”
In Re Zott, 225 B.R. 160 (Bankr. E.D. Mich. 1998). “First, the retirement plan at issue in Whetzal was not a private IRA (as in the instant case and Meehan), but a former federal employee’s interest under the Civil Service Retirement Act (“the Act”), 5 U.S.C. § 8301 et seq., where the plan was the Act.”
Howard v. Bradshaw & Ona Bradshaw v. United States of Am., Howard v. Bradshaw & Ona Bradshaw v. United States, 443 F.2d 759 (D.C. Cir. 1971). “Moreover, under the Federal Employees Retirement Act, 5 U.S.C. § 8301 et seq. (Supp. V, 1969) an injured District employee (other than a policeman or fireman) who is eligible for compensation under the Federal Employees Compensation Act, if he has been employed for five years or…”
Garcia v. United States, 223 Ct. Cl. 110 (Ct. Cl. 1980). · cites it 2× “Defendant argues that these requirements were satisfied by plaintiff on October 6, 1967, plaintiffs 60th birthday, and that under 5 U.S.C. § 8301 , 4 plaintiff was entitled to the receipt of retired pay in the month following, i.”
Gant v. United States, 18 Cl. Ct. 442 (Ct. Cl. 1989). “" See 5 U.S.C. § 8301 (a)'(1988); AFR 35-7(Cl), paragraph 2-7 (July 30, 1982).”
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