5 U.S.C. § 8412

Immediate retirement

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(a) An employee or Member who is separated from the service after attaining the applicable minimum retirement age under subsection (h) and completing 30 years of service is entitled to an annuity.(b) An employee or Member who is separated from the service after becoming 60 years of age and completing 20 years of service is entitled to an annuity.(c) An employee or Member who is separated from the service after becoming 62 years of age and completing 5 years of service is entitled to an annuity.(d)(1) An employee who is separated from the service, except by removal for cause on charges of misconduct or delinquency—(A) after completing 25 years of service as a law enforcement officer, member of the Capitol Police or Supreme Court Police, firefighter, nuclear materials courier, or customs and border protection officer, or any combination of such service totaling at least 25 years, or(B) after becoming 50 years of age and completing 20 years of service as a law enforcement officer, member of the Capitol Police or Supreme Court Police, firefighter, nuclear materials courier, or customs and border protection officer, or any combination of such service totaling at least 20 years,is entitled to an annuity.(2)(A) In this paragraph—(i) the term “affected individual” means an individual covered under this chapter who—(I) is performing service in a covered position;(II) while on duty, becomes ill or is injured as a direct result of the performance of such duties before the date on which the individual becomes entitled to an annuity under paragraph (1) of this subsection or subsection (e), as applicable;(III) because of the illness or injury described in subclause (II), is permanently unable to render useful and efficient service in the employee’s covered position, as determined by the agency in which the individual was serving when such individual incurred the illness or injury; and(IV) is appointed to a position in the civil service that—(aa) is not a covered position; and(bb) is within an agency that regularly appoints individuals to supervisory or administrative positions related to the activities of the former covered position of the individual;(ii) the term “covered position” means a position as a law enforcement officer, customs and border protection officer, firefighter, air traffic controller, nuclear materials courier, member of the Capitol Police, or member of the Supreme Court Police.(B) Unless an affected individual files an election described in subparagraph (E), creditable service by the affected individual in a position described in subparagraph (A)(i)(IV) shall be treated as creditable service in a covered position for purposes of this chapter and determining the amount to be deducted and withheld from the pay of the affected individual under section 8422.(C) Subparagraph (B) shall only apply if the affected employee transitions to a position described in subparagraph (A)(i)(IV) without a break in service exceeding 3 days.(D) The service of an affected individual shall no longer be eligible for treatment under subparagraph (B) if such service occurs after the individual—(i) is transferred to a supervisory or administrative position related to the activities of the former covered position of the individual; or(ii) meets the age and service requirements that would subject the individual to mandatory separation under section 8425 if such individual had remained in the former covered position.(E) In accordance with procedures established by the Director of the Office of Personnel Management, an affected individual may file an election to have any creditable service performed by the affected individual treated in accordance with this chapter without regard to subparagraph (B).(F) Nothing in this paragraph shall be construed to apply to such affected individual any other pay-related laws or regulations applicable to a covered position.(e) An employee who is separated from the service, except by removal for cause on charges of misconduct or delinquency—(1) after completing 25 years of service as an air traffic controller, or(2) after becoming 50 years of age and completing 20 years of service as an air traffic controller,is entitled to an annuity.(f) A Member who is separated from the service, except by resignation or expulsion—(1) after completing 25 years of service, or(2) after becoming 50 years of age and completing 20 years of service,is entitled to an annuity.(g)(1) An employee or Member who is separated from the service after attaining the applicable minimum retirement age under subsection (h) and completing 10 years of service is entitled to an annuity. This subsection shall not apply to an employee or Member who is entitled to an annuity under any other provision of this section.(2) An employee or Member entitled to an annuity under this subsection may defer the commencement of such annuity by written election. The date to which the commencement of the annuity is deferred may not precede the 31st day after the date of filing the election, and must precede the date on which the employee or Member becomes 62 years of age.(3) The Office shall prescribe regulations under which an election under paragraph (2) shall be made.(h)(1) The applicable minimum retirement age under this subsection is—(A) for an individual whose date of birth is before January 1, 1948, 55 years of age;(B) for an individual whose date of birth is after December 31, 1947, and before January 1, 1953, 55 years of age plus the number of months in the age increase factor determined under paragraph (2)(A);(C) for an individual whose date of birth is after December 31, 1952, and before January 1, 1965, 56 years of age;(D) for an individual whose date of birth is after December 31, 1964, and before January 1, 1970, 56 years of age plus the number of months in the age increase factor determined under paragraph (2)(B); and(E) for an individual whose date of birth is after December 31, 1969, 57 years of age.(2)(A) For an individual whose date of birth occurs during the 5-year period consisting of calendar years 1948 through 1952, the age increase factor shall be equal to two-twelfths times the number of months in the period beginning with January 1948 and ending with December of the year in which the date of birth occurs.(B) For an individual whose date of birth occurs during the 5-year period consisting of calendar years 1965 through 1969, the age increase factor shall be equal to two-twelfths times the number of months in the period beginning with January 1965 and ending with December of the year in which the date of birth occurs.(Added Pub. L. 99–335, title I, § 101(a), June 6, 1986, 100 Stat. 524; amended Pub. L. 99–556, title I, § 105(a), Oct. 27, 1986, 100 Stat. 3131; Pub. L. 101–428, § 3(a), Oct. 15, 1990, 104 Stat. 929; Pub. L. 105–261, div. C, title XXXI, § 3154(g), Oct. 17, 1998, 112 Stat. 2255; Pub. L. 106–553, § 1(a)(2) [title III, § 308(c)(1)], Dec. 21, 2000, 114 Stat. 2762, 2762A–87; Pub. L. 110–161, div. E, title V, § 535(b)(2), Dec. 26, 2007, 121 Stat. 2076; Pub. L. 117–225, § 3(b)(1), Dec. 9, 2022, 136 Stat. 2294.)Editorial NotesAmendments

2022—Subsec. (d). Pub. L. 117–225 designated existing provisions as par. (1), redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, of par. (1), and added par. (2).

2007—Subsec. (d)(1), (2). Pub. L. 110–161 substituted “nuclear materials courier, or customs and border protection officer,” for “or nuclear materials courier,”.

2000—Subsec. (d). Pub. L. 106–553 inserted “or Supreme Court Police” after “Capitol Police” in pars. (1) and (2).

1998—Subsec. (d)(1), (2). Pub. L. 105–261 substituted “firefighter, or nuclear materials courier” for “or firefighter”.

1990—Subsec. (d)(1), (2). Pub. L. 101–428 substituted “officer, member of the Capitol Police,” for “officer”.

1986—Subsec. (g). Pub. L. 99–556 designated existing provisions as par. (1) and added par. (2).

Statutory Notes and Related SubsidiariesEffective Date of 2022 Amendment

Amendment by Pub. L. 117–225 effective Dec. 9, 2022, and applicable to an individual who suffers an illness or injury described in certain Code provisions on or after the date that is 2 years after Dec. 9, 2022, see section 3(f) of Pub. L. 117–225, set out as a note under section 8336 of this title.

Effective Date of 2007 Amendment; Transition Rules

Amendment by Pub. L. 110–161 effective on the later of June 30, 2008, or the first day of the first pay period beginning at least 6 months after Dec. 26, 2007, with transition rules and rights of election, see section 535(e) of Pub. L. 110–161, set out as a note under section 3307 of this title.

Effective Date of 2000 Amendment

Amendment by Pub. L. 106–553 effective on the first day of the first applicable pay period that begins on Dec. 21, 2000, and applicable only to an individual who is employed as a member of the Supreme Court Police after Dec. 21, 2000, see section 1(a)(2) [title III, § 308(i), (j)] of Pub. L. 106–553, set out in a Supreme Court Police Retirement note under section 8331 of this title.

Effective Date of 1998 Amendment

Amendment by Pub. L. 105–261 effective at the beginning of the first pay period that begins after Oct. 17, 1998, and applicable only to an individual who is employed as a nuclear materials courier, as defined by section 8331(27) or 8401(33) of this title, after Oct. 17, 1998, see section 3154(m), (n) of Pub. L. 105–261, set out as a note under section 8331 of this title.

Regulations

For provisions relating to promulgation of regulations to carry out the amendments made by Pub. L. 117–225, see section 3(e) of Pub. L. 117–225, set out as a note under section 8336 of this title.

Notes of Decisions

Cited in 54 cases (25 in the last 5 years), 1997–2026 · leading case: Fitzgerald v. Dep't of Homeland Sec., 837 F.3d 1346 (Fed. Cir. 2016).

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Fitzgerald v. Dep't of Homeland Sec., 837 F.3d 1346 (Fed. Cir. 2016). · cites it 5× “Compare 5 U.S.C. § 8412 (a) (2012) (providing an annuity once an employee has reached the age of 55 and has complet *1349 ed 30 years of service) with id.”

Anna Miller v. Off. of Pers. Mgmt., 449 F.3d 1374 (Fed. Cir. 2006). “See 5 U.S.C. § 8412 (c). Based on its finding as to her eligibility date, OPM determined that Ms.”

Poillucci v. Dep't of Just., 459 F.3d 1351 (Fed. Cir. 2006). · cites it 3× “5 U.S.C. § 8412 (a). However, an employee who serves in one of several specified positions is entitled to an annuity upon retirement after completing 20 years in such a position if the employee retires after reaching age 50, or after completing 25 years in such a position…”

Springer v. Adkins, 525 F.3d 1363 (Fed. Cir. 2008). · cites it 2× “In a final decision dated March 24, 2005, OPM denied his request, stating that he lacked the requisite age and years of service for normal, “Immediate Retirement” under FERS’ “special Law enforcement/Firefighter provision,” 5 U.S.C. § 8412 (d). 1 Under OPM’s interpretation,…”

Watson v. Dep't of the Navy, 262 F.3d 1292 (Fed. Cir. 2001). · cites it 2× “§ 8336 (c) (1994), or the Federal Employees’ Retirement System (“FERS”), 5 U.S.C. § 8412 (d) (1994). Watson v. Dep’t of the Navy, 86 M.”

Ronald Moulton v. Off. of Pers. Mgmt., 2023 MSPB 26 (MSPB 2023). “” 5 U.S.C. § 8412 (e). Under 5 U.S.C. § 8415 (a), entitled “Computation of basic annuity,” “the annuity” of an 6 The Board may order “any Federal agency” to comply with “any order” issued by the Board under its authority.”

Brian J. Eldredge v. Dep't of the Interior, 451 F.3d 1337 (Fed. Cir. 2006). “” 5 U.S.C. § 8412 (d). Under 5 C.F.R. § 842.”

Craig R. Letz v. Dep't of the Interior, 474 F.3d 1309 (Fed. Cir. 2007). · cites it 2× “See 5 U.S.C. § 8412 (d) (2000). These qualified employees receive an enhanced annuity, but are subject to mandatory early retirement and larger salary deductions during employment.”

Bingaman v. Dep't of the Treasury, 127 F.3d 1431 (Fed. Cir. 1997). “The rest of the petitioners are covered by the Federal Employee Retirement System (FERS) and are therefore seeking LEO credit under 5 U.S.C. § 8412 (d)(2) and the regulations promulgated under that statute.”

Jody P. Luke v. Dep't of Health & Human Servs., 320 F.3d 1377 (Fed. Cir. 2003). “Luke petitions for review of the decision of the Merit Systems Protection Board, which held that he is not entitled to the special retirement benefits provided to law enforcement officers under 5 U.S.C. § 8412 (d). Because Mr. Luke failed to satisfy all of the statutory…”

Christopher Vincent Kroll v. Dep't of Homeland Sec., 2014 MSPB 69 (MSPB 2014). “5 U.S.C. § 8412 (d)(1)-(2). Section 8401(36) of Title 5 defines the term CBPO as “an employee in the Department of Homeland Security (A) who holds a position within the GS–1895 job series (determined by applying the criteria in effect as of September 1, 2007) or any successor…”

James Parker v. Off. of Pers. Mgmt. (MSPB 2022). · cites it 9× “Specifically, OPM determined that the appellant was ineligible for LEO retirement under 5 U.S.C. § 8412 (d) because, while he had a total of 19 years and 12 days of creditable Federal service, he had earned only 11 years, 9 months, and 22 days of creditable LEO service, from…”

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