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

5 U.S.C. § 8333

Eligibility for annuity

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(a) An employee must complete at least 5 years of civilian service before he is eligible for an annuity under this subchapter.(b) An employee or Member must complete, within the last 2 years before any separation from service, except a separation because of death or disability, at least 1 year of creditable civilian service during which he is subject to this subchapter before he or his survivors are eligible for annuity under this subchapter based on the separation. If an employee or Member, except an employee or Member separated from the service because of death or disability, fails to meet the service requirement of the preceding sentence, the amounts deducted from his pay during the service for which no eligibility for annuity is established based on the separation shall be returned to him on the separation. Failure to meet this service requirement does not deprive the individual or his survivors of annuity rights which attached on a previous separation.(c) A Member or his survivor is eligible for an annuity under this subchapter only if the amounts named by section 8334 of this title have been deducted or deposited with respect to his last 5 years of civilian service, or, in the case of a survivor annuity under section 8341(d) or (e)(1) of this title, with respect to his total service.(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 569; Pub. L. 91–93, title II, § 201(b), Oct. 20, 1969, 83 Stat. 138; Pub. L. 94–183, § 2(34), Dec. 31, 1975, 89 Stat. 1058.)

Historical and Revision Notes

Derivation

U.S. Code

Revised Statutes and

Statutes at Large

(a), (b)

5 U.S.C. 2253(f), (g).

July 31, 1956, ch. 804, § 401 “Sec. 3(f), (g)”, 70 Stat. 746.

(c)

5 U.S.C. 2256(f) (last sentence).

July 31, 1956, ch. 804, § 401 “Sec. 6(f) (last sentence)”, 70 Stat. 750.

Aug. 27, 1958, Pub. L. 85–772, § 1(a), 72 Stat. 930.

In subsection (c), the words “eligible for” are substituted for “entitled to”.

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

Editorial NotesAmendments

1975—Subsec. (c). Pub. L. 94–183 substituted “of this title” for “of title 5” and “of this title” for “of this chapter”.

1969—Subsec. (c). Pub. L. 91–93 provided for eligibility for a survivor annuity under section 8341(d) or (e)(1) of this title only if the requisite amounts are deducted or deposited with respect to total service period.

Statutory Notes and Related SubsidiariesEffective Date of 1969 Amendment

Amendment by Pub. L. 91–93 inapplicable in cases of persons retired or otherwise separated prior to Oct. 20, 1969, their rights and of their survivors continued as if such amendment had not been enacted, see section 207(a) of Pub. L. 91–93, set out as a note under section 8331 of this title.

Notes of Decisions
Cited in 133 cases (16 in the last 5 years), 1978–2026 · leading case: Sims v. Sims, 358 So. 2d 919 (La. 1978).
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Sims v. Sims, 358 So. 2d 919 (La. 1978). · cites it 3× “At least two annuity rights are here pertinent: An annuity based upon a percentage of average pay during federal employment: (1) is payable to an employee with at least five years' creditable service, which will become payable when the employee reaches 62 years of age, 5 U.S.C.…”
Jose Carreon v. Off. of Pers. Mgmt., 321 F.3d 1128 (Fed. Cir. 2003). · cites it 5× “Carreon sought CSRS annuity benefits, which were denied, because OPM found that he failed to satisfy the statutory requirements under 5 U.S.C. § 8333 (b). Carreon appealed to the Board.”
Lledo v. Off. of Pers. Mgmt., 886 F.3d 1211 (Fed. Cir. 2018). · cites it 3× “Pursuant to 5 U.S.C. § 8333 (a) - (b), to qualify for a CSRS retirement annuity, an employee must have performed at least five years of creditable civilian service, and must have served at least one of his last two years of federal service in a covered position-i.”
Basilio Q. Casilang, Petitioner, v. Off. of Pers. Mgmt., Respondent, 248 F.3d 1381 (Fed. Cir. 2001). · cites it 3× “736 (1956); 5 U.S.C. § 8333 (1994). The Board determined that Mr.”
Quiocson v. Off. of Pers. Mgmt., 490 F.3d 1358 (Fed. Cir. 2007). · cites it 2× “See 5 U.S.C. § 8333 ; Rosete v. Office of Pers.”
Jacinto S. Pinat v. Off. of Pers. Mgmt., 931 F.2d 1544 (Fed. Cir. 1991). “BACKGROUND On November 16, 1988, the Board affirmed the denial by the Office of Personnel Management of petitioner’s application for a civil service retirement annuity on the basis that petitioner did not meet the five-year creditable civilian service requirement of 5 U.S.C. §…”
Dela Rosa v. Off. of Pers. Mgmt., 583 F.3d 762 (Fed. Cir. 2009). · cites it 2× “§ 8333 (a)-(b), to qualify for a CSRS retirement annuity, “an employee must complete at least five years of creditable civilian service, and must have served at least one of her last two years of Federal service in a covered position.” Noveloso, 45 M.”
Hocson v. Off. of Pers. Mgmt., 662 F. App'x 922 (Fed. Cir. 2016). · cites it 5× “Hocson did not serve in a position covered by the CSRA during one of his last two years of employment, as required by 5 U.S.C. §§ 8333 (a)-(b). The Board observed' that Mr.”
Tirso S. Herrera v. The United States, 849 F.2d 1416 (Fed. Cir. 1988). · cites it 2× “1 At the administrative level, Herrera’s application for retirement benefits was denied because he failed to establish that one of the last two years of the service upon which his application was based was service covered by the CSRA, as is required by 5 U.S.C. § 8333 (b)…”
Garcia v. Off. of Pers. Mgmt., 660 F. App'x 930 (Fed. Cir. 2016). · cites it 5× “Garcia did not serve in a position covered by the Civil Service Retirement Act (“CSRA”) during one of his last two years of employment, as required by 5 U.S.C. § 8333 (b). The Board observed that Mr.”
Inocencia M. Esteban v. Off. of Pers. Mgmt., 978 F.2d 700 (Fed. Cir. 1992). · cites it 2× “The AJ, therefore, concluded that Esteban was not eligible for retirement benefits because she did not meet the covered service requirement of 5 U.S.C. § 8333 (b) (1988). II. A. The current requirements of the CSRA to be eligible for an annuity are that (a) the employee must…”
Holmes-Martin v. Leavitt, 569 F. Supp. 2d 184 (D.D.C. 2008). “5 U.S.C. § 8333 . 6 . In addition, the plaintiff alleges that Ridgely publicly humiliated her by "ridicul[ing] her in front of her colleagues” for not having done any work, Pl.”
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