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. § 8338

Deferred retirement

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(a) An employee who is separated from the service or transferred to a position in which he does not continue subject to this subchapter after completing 5 years of civilian service is entitled to an annuity beginning at the age of 62 years.(b) A Member who, after December 31, 1955, is separated from the service as a Member after completing 5 years of civilian service is entitled to an annuity beginning at the age of 62 years. A Member who is separated from the service after completing 10 or more years of Member service is entitled to an annuity beginning at the age of 60 years. A Member who is separated from the service after completing 20 or more years of service, including 10 or more years of Member service, is entitled to a reduced annuity beginning at the age of 50 years.(c) A judge of the United States Court of Appeals for the Armed Forces who is separated from the service after completing 5 years of civilian service is entitled to an annuity beginning at the age of 62 years. A judge of such court who is separated from the service after completing the term of service for which he was appointed is entitled to an annuity. If an annuity is elected before the judge becomes 60 years of age, it shall be a reduced annuity.(d) An annuity or reduced annuity authorized by this section is computed under section 8339 of this title.(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 574; Pub. L. 90–83, § 1(77), Sept. 11, 1967, 81 Stat. 214; Pub. L. 98–94, title XII, § 1256(d), Sept. 24, 1983, 97 Stat. 702; Pub. L. 103–337, div. A, title IX, § 924(d)(1)(A), Oct. 5, 1994, 108 Stat. 2832.)

Historical and Revision Notes

1966 Act

Derivation

U.S. Code

Revised Statutes and

Statutes at Large

 

5 U.S.C. 2258.

July 31, 1956, ch. 804, § 401 “Sec. 8”, 70 Stat. 751.

July 7, 1960, Pub. L. 86–604, § 1(c), 74 Stat. 358.

July 12, 1960, Pub. L. 86–622, § 2(a), 74 Stat. 410.

In subsection (b), the words “after December 31, 1955” are substituted for “on or after January 1, 1956”. The word “hereafter” is omitted as unnecessary.

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

1967 Act

This section amends 5 U.S.C. 8338(a) for consistency within the subchapter and to reflect that it is the individual, rather than the position, that is subject to the subchapter.

Editorial NotesAmendments

1994—Subsec. (c). Pub. L. 103–337 substituted “Court of Appeals for the Armed Forces” for “Court of Military Appeals”.

1983—Subsecs. (c), (d). Pub. L. 98–94 added subsec. (c), and redesignated former subsec. (c) as (d).

Statutory Notes and Related SubsidiariesSavings Provisions Deferred Annuities Under Laws Repealed by Pub. L. 90–83

Pub. L. 90–83, § 10(a), Sept. 11, 1967, 81 Stat. 222, provided that: “The right to a deferred annuity on satisfaction of the conditions attached thereto is continued notwithstanding the repeal by this Act of the law conferring the right.”

Notes of Decisions
Cited in 26 cases (3 in the last 5 years), 1983–2024 · leading case: Desfosses v. Desfosses, 815 P.2d 1094 (Idaho Ct. App. 1991).
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Desfosses v. Desfosses, 815 P.2d 1094 (Idaho Ct. App. 1991). · cites it 3× “5 U.S.C. § 8338 . 2 The magistrate decreed that Annie was entitled to one-half of that portion of the retirement benefits accrued during the parties’ marriage.”
Landen S. Levy v. Off. of Pers. Mgmt., 902 F.2d 1550 (Fed. Cir. 1990). · cites it 5× “Had Levy’s retirement been for non-disability reasons, he would have been eligible on reaching age 62 for longevity retirement benefits under 5 U.S.C. § 8338 . 2 Levy’s calculations suggest that, had he retired under 5 U.”
In Re the Marriage of Castor, 817 P.2d 665 (Mont. 1991). · cites it 2× “" 5 U.S.C. § 8338 . Finally, an employee with at least five years of civil service who becomes disabled is eligible for "disability retirement," with benefits payable immediately.”
Kadlecek v. Kadlecek, 93 S.W.3d 903 (Tex. App. 2002). · cites it 2× “5 U.S.C.A. § 8338 (a) (West 1996). If a qualified civil-service employee is married at the time of retirement, a survivor annuity is automatically provided for the spouse unless the retiree and the spouse jointly waive the spouse’s right to a survivor annuity in a written…”
William R. Vagg v. Off. of Pers. Mgmt., 1 F.3d 1208 (Fed. Cir. 1993). · cites it 7× “49% of Vagg’s gross civil service retirement annuity computed on the basis of a hypothetical deferred annuity under 5 U.S.C. § 8338 , effective on the date of Vagg’s actual retirement on the grounds of disability pursuant to 5 U.”
Tirso S. Herrera v. The United States, 849 F.2d 1416 (Fed. Cir. 1988). “OPINION Herrera, a former civilian employee of the Department of the Navy, sought a deferred annuity pursuant to the Civil Service Retirement Act (CSRA), 5 U.S.C. § 8338 (1982). 1 At the administrative level, Herrera’s application for retirement benefits was denied because he…”
In Re Marriage of Cranor, 78 S.W.3d 150 (Mo. Ct. App. 2002). “5 U.S.C.A. § 8338 (a). Finally, a postal employee may opt for disability retirement if the employee has completed five years of service and has become disabled.”
Heisterberg v. Standridge, 656 S.W.2d 138 (Tex. App. 1983). · cites it 2× “5 U.S.C.A. § 8338 (a). The trial court found in the case at bar that: (1) the divorce decree omits to mention the annuity, as does a written property settlement agreement made by the parties in anticipation of their divorce; and (2) Heisterberg retired on December 9, 1978 after…”
Hector M. Tirado v. Dep't of the Treasury, 757 F.2d 263 (Fed. Cir. 1985). “” 5 U.S.C. § 8338 (a). These coordinated and express provisions demonstrate that Congress wanted to restrict eligibility for civil service retirement — both disability and longevity retirement — to persons who have had at least five years of civilian federal employment.”
Severino A. Dupo v. Off. of Pers. Mgmt., 69 F.3d 1125 (Fed. Cir. 1995). “5 U.S.C. § 8338 . Typically, in order to be eligible for a retirement annuity under the CSRA, an individual must complete at least five years of “creditable” civilian service and must complete at least one year of “covered” civilian service in the final two years of employment.”
Desfosses v. Desfosses, 813 P.2d 366 (Idaho Ct. App. 1991). “Under the disability retirement option, the timetable is moved up, and the annuity becomes payable before the employee reaches retirement age as defined in 5 U.S.C. § 8338 and upon application by the disabled employee.”
Oreman v. Oreman, 971 So. 2d 1149 (La. Ct. App. 2007). “The facts of this case and 5 U.S.C. § 8338 (a) and (b) and 5 U.S.C. § 8336 (b) support the trial court's conclusion that at age 60 the character of Mr.”
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