5 U.S.C. § 8410

Eligibility for annuity

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Notwithstanding any other provision of this chapter, an employee or Member must complete at least 5 years of civilian service creditable under section 8411 in order to be eligible for an annuity under this subchapter.

Notes of Decisions
Cited in 21 cases (7 in the last 5 years), 2001–2025 · leading case: Montelongo v. Opm, 939 F.3d 1351 (Fed. Cir. 2019).
Montelongo v. Opm, 939 F.3d 1351 (Fed. Cir. 2019). · cites it 2× “” 5 U.S.C. § 8410 . It is undisputed that Mr.”
Kapche v. Holder, 677 F.3d 454 (D.C. Cir. 2012). “See 5 U.S.C. § 8410 (employee "must complete at least 5 years of civilian service” to be eligible for federal retirement benefits).”
Alexander v. Washington Gas Light Co., 481 F. Supp. 2d 16 (D.D.C. 2006). “Plaintiff filed “Motion for Release of Property from Levy and Request for Hearing,” on July 7, 2004, in which he raised arguments under 5 U.S.C. § 8410 et seq. and 10 U.S.C. § et seq.”
Cieslinski v. Off. of Pers. Mgmt., 610 F. App'x 979 (Fed. Cir. 2015). · cites it 2× “5 U.S.C. §§ 8410 , 8411(c)(3) (2012). Furthermore, a federal employee who, after separating from service, requests and receives a lump-sum payment of his FERS contributions nulli- *981 fíes “all annuity rights” under FERS.”
Van Den Broek v. Tang, 88 Va. Cir. 65 (Fairfax Cir. Ct. 2014). “Subchapter VI of FERSA contains an anti-attachment provision that reads as follows: (a) An amount payable under subchapter II, IV, or V of this chapter [ 5 U.S.C. §§ 8410 et seq., 8441 et seq., 8451 et seq.”
Reid v. Off. of Pers. Mgmt., 708 F. App'x 677 (Fed. Cir. 2017). “§ 8411 (c)(1)(B), The Government argues that 5 U.S.C. § 8410 explicitly provides a baseline requirement of five years of exclusively “civilian service creditable under 5 U.”
Kapche v. Holder, 714 F. Supp. 2d 109 (D.D.C. 2010). “McCarthy’s calculation that account for the difference: (1) she included $27,000 in Federal Employee Retirement System benefits that would not have accrued to plaintiff because the statute requires federal employees to complete five years of service before retaining any…”
Craig Wilbert v. Off. of Pers. Mgmt. (MSPB 2024). · cites it 2× “In Montelongo, the appellant applied for a retirement annuity, and OPM issued a final decision finding that he lacked the requisite 5 years of civilian service necessary under 5 U.S.C. § 8410 because his time as a cadet student at the United States Military Academy at West Point…”
John Cleary v. U.S. Agency for Global Media (MSPB 2024). · cites it 2× “5 U.S.C. §§ 8410 , 8413(a); 5 C.F.R. § 842.”
Serv. Credit for Ret. Annuities of USPS Employees When USPS Has Not Made Required Contributions (OLC 2011). · cites it 2× “5 U.S.C. § 8410 3 From Congress’s enactment of the Social Security Act in 1935, Pub.”
Joseph v. MSPB (Fed. Cir. 2019). “Joseph); see also 5 U.S.C. §§ 8410 (“[A]n employee . . . must complete at least [five] years of civilian service creditable .”
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