U.S. Code » Title 5 » Part PART III— EMPLOYEES › Subpart Subpart G— Insurance and Annuities › Chapter CHAPTER 84— FEDERAL EMPLOYEES’ RETIREMENT SYSTEM › Subchapter SUBCHAPTER II— BASIC ANNUITY

5 U.S.C. § 8413

Deferred retirement

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(a) An employee or Member who is separated from the service, or transferred to a position in which the employee or Member does not continue subject to this chapter, after completing 5 years of service is entitled to an annuity beginning at the age of 62 years.(b)(1) An employee or Member who is separated from the service, or transferred to a position in which the employee or Member does not continue subject to this chapter, after completing 10 years of service but before attaining the applicable minimum retirement age under section 8412(h) is entitled to an annuity beginning on the date designated by the employee or Member in a written election under this subsection. The date designated under this subsection may not precede the date on which the employee or Member attains such minimum retirement age and must precede the date on which the employee or Member becomes 62 years of age.(2) The election of an annuity under this subsection shall not be effective unless—(A) it is made at such time and in such manner as the Office shall by regulation prescribe; and(B) the employee or Member will not otherwise be eligible to receive an annuity within 31 days after filing the election.(3) The election of an annuity under this subsection extinguishes the right of the employee or Member to receive any other annuity based on the service on which the annuity under this subsection is based.(Added Pub. L. 99–335, title I, § 101(a), June 6, 1986, 100 Stat. 525; amended Pub. L. 99–556, title I, § 105(b)(1), Oct. 27, 1986, 100 Stat. 3132.)Editorial NotesAmendments

1986—Subsec. (b)(1). Pub. L. 99–556 inserted “but before attaining the applicable minimum retirement age under section 8412(h)” in first sentence and substituted “such minimum retirement age” for “the applicable minimum retirement age under section 8412(h)” in second sentence.

Notes of Decisions
Cited in 7 cases (7 in the last 5 years), 2022–2025 · leading case: Lee McDonald v. Off. of Pers. Mgmt. (MSPB 2024).
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Lee McDonald v. Off. of Pers. Mgmt. (MSPB 2024). · cites it 13× “She specifically determined that 5 U.S.C. § 8413 (b) prohibited the commencement of the appellant’s annuity on May 1, 2015, a date after his 62nd birthday.”
MacUra v. Opm (Fed. Cir. 2025). · cites it 2× “BACKGROUND Under 5 U.S.C. § 8413 , entitled “Deferred retirement,” a federal employee “who is separated from the service .”
James Parker v. Off. of Pers. Mgmt. (MSPB 2022). “See 5 U.S.C. § 8413 (a) (establishing that an employee with at least 5 years of service at the time of his separation is entitled to an annuity beginning at age 62).”
Lemon v. Opm (Fed. Cir. 2023). “See 5 U.S.C. § 8413 . In his application, Mr.”
Annie Jones v. Off. of Pers. Mgmt. (MSPB 2024). “§ 8338 (a), with 5 U.S.C. § 8413 (a), these misstatements are harmless to the outcome of this appeal, see Panter v.”
Omar Hechavarria v. Off. of Pers. Mgmt. (MSPB 2024). “As a deferred retirement annuitant under 5 U.S.C. § 8413 (a), the appellant does not fall within any of the subsections of 5 U.”
Anthony Bennett v. Off. of Pers. Mgmt. (MSPB 2025). “at 5-7 ; see 5 U.S.C. § 8413 (b)(1). The appellant paid FERS contributions while employed from August 1985 to January 1996.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.