5 U.S.C. § 8421

Annuity supplement

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(a)(1) Subject to paragraph (3), an individual shall, if and while entitled to an annuity under subsection (a), (b), (d)(1), or (e) of section 8412, or under section 8414(c), also be entitled to an annuity supplement under this section.(2) Subject to paragraph (3), an individual shall, if and while entitled to an annuity under section 8412(f), or under subsection (a) or (b) of section 8414, also be entitled to an annuity supplement under this section if such individual is at least the applicable minimum retirement age under section 8412(h).(3)(A) An individual whose entitlement to an annuity under section 8412 or 8414 does not commence before age 62 is not entitled to an annuity supplement under this section.(B) An individual entitled to an annuity supplement under this section ceases to be so entitled after the last day of the month preceding the first month for which such individual would, on proper application, be entitled to old-age insurance benefits under title II of the Social Security Act, but not later than the last day of the month in which such individual attains age 62.(b)(1) The amount of the annuity supplement of an annuitant under this section for any month shall be equal to the product of—(A) an amount determined under paragraph (2), multiplied by(B) a fraction, as described in paragraph (3).(2) The amount under this paragraph for an annuitant is an amount equal to the old-age insurance benefit which would be payable to such annuitant under title II of the Social Security Act (without regard to sections 203, 215(a)(7), and 215(d)(5) of such Act) upon attaining age 62 and filing application therefor, determined as if the annuitant had attained such age and filed application therefor, and were a fully insured individual (as defined in section 214(a) of such Act), on January 1 of the year in which such annuitant’s entitlement to any payment under this section commences, except that the reduction of such old-age insurance benefit under section 202(q) of such Act shall be the maximum applicable for an individual born in the same year as the annuitant. In computing the primary insurance amount under section 215 of such Act for purposes of this paragraph, the number of elapsed years (referred to in section 215(b)(2)(B)(iii) of such Act and used to compute the number of benefit computation years) shall not include years beginning with the year in which such annuitant’s entitlement to any payment under this section commences, and—(A) only basic pay for service performed (if any) shall be taken into account in computing the total wages and self-employment income of the annuitant for a benefit computation year;(B) for a benefit computation year which commences after the date of the separation with respect to which entitlement to the annuitant’s annuity under this subchapter is based and before the date as of which such annuitant is treated, under the preceding sentence, to have attained age 62, the total wages and self-employment income of such annuitant for such year shall be deemed to be zero; and(C) for a benefit computation year after age 21 which precedes the separation referred to in subparagraph (B), and during which the individual did not perform a full year of service, the total wages and self-employment income of such annuitant for such year shall be deemed to have been an amount equal to the product of—(i) the average total wages of all workers for that year, multiplied by(ii) a fraction—(I) the numerator of which is the total basic pay of the individual for service performed in the first year thereafter in which such individual performed a full year of service; and(II) the denominator of which is the average total wages of all workers for the year referred to in subclause (I).(3) The fraction under this paragraph for any annuitant is a fraction—(A) the numerator of which is the annuitant’s total years of service (rounding a fraction to the nearest whole number, with ½ being rounded to the next higher number), not to exceed the number under subparagraph (B); and(B) the denominator of which is 40.(4) For the purpose of this subsection—(A) the term “benefit computation year” has the meaning provided in section 215(b)(2)(B)(i) of the Social Security Act;(B) the term “average total wages of all workers”, for a year, means the average of the total wages, as defined and computed under section 215(b)(3)(A)(ii)(I) of the Social Security Act for such year; and(C) the term “service” does not include military service.(c) An amount under this section shall, for purposes of section 8467, be treated in the same way as an amount computed under section 8415.(Added Pub. L. 99–335, title I, § 101(a), June 6, 1986, 100 Stat. 533; amended Pub. L. 101–194, title V, § 506(b)(10), Nov. 30, 1989, 103 Stat. 1759; Pub. L. 102–378, § 2(65), Oct. 2, 1992, 106 Stat. 1354; Pub. L. 107–296, title XIII, § 1321(a)(5)(B), Nov. 25, 2002, 116 Stat. 2297; Pub. L. 117–225, § 3(b)(2)(A)(iii), Dec. 9, 2022, 136 Stat. 2295.)Editorial NotesReferences in Text

The Social Security Act, referred to in subsecs. (a)(3)(B) and (b)(2), (4)(A), (B), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title II of the Social Security Act is classified generally to subchapter II (§ 401 et seq.) of chapter 7 of Title 42, The Public Health and Welfare. Sections 202, 203, 214, and 215 of the Social Security Act are classified to sections 402, 403, 414, and 415, respectively, of Title 42. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.

Amendments

2022—Subsec. (a)(1). Pub. L. 117–225 inserted “(1)” after “(d)”.

2002—Subsec. (a)(2). Pub. L. 107–296, which directed amendment of par. (2) by striking “, except that an individual entitled to an annuity under section 8414(a) for failure to be recertified as a senior executive shall be entitled to an annuity supplement without regard to such applicable retirement age”, was executed by striking out “, except that an individual entitled to an annuity under section 8414(a) for failure to be recertified as a senior executive shall be entitled to an annuity supplement without regard to such applicable minimum retirement age” before period at end, to reflect the probable intent of Congress.

1992—Subsec. (a)(2). Pub. L. 102–378 inserted period at end.

1989—Subsec. (a)(2). Pub. L. 101–194 substituted “, except that an individual entitled to an annuity under section 8414(a) for failure to be recertified as a senior executive shall be entitled to an annuity supplement without regard to such applicable minimum retirement age” for period at end.

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 2002 Amendment

Amendment by Pub. L. 107–296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an Effective Date note under section 101 of Title 6, Domestic Security.

Effective Date of 1989 Amendment

Amendment by Pub. L. 101–194 effective Jan. 1, 1991, see section 506(d) of Pub. L. 101–194, set out as a note under section 3151 of this title.

Notes of Decisions

Cited in 21 cases (17 in the last 5 years), 2015–2026 · leading case: Ronald Moulton v. Off. of Pers. Mgmt., 2023 MSPB 26 (MSPB 2023).

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Ronald Moulton v. Off. of Pers. Mgmt., 2023 MSPB 26 (MSPB 2023). · cites it 12× “OPM concluded that it is required under 5 U.S.C. § 8421 (c) and the terms of the domestic relations court order to include the appellant’s FERS annuity supplement in the computation of the court-ordered division of his FERS annuity, and that this determination did not involve a…”

Michael J Phillips v. Off. of Pers. Mgmt. (MSPB 2025). · cites it 5× “Specifically, OPM explained that, because the April 1, 2014 Domestic Relations Order awarded the appellant’s former spouse a “prorata share” of the appellant’s FERS annuity, OPM was required by 5 U.”

Fed. Law Enf't Officers Ass'n v. Weichert (D.D.C. 2020). · cites it 4× “at ¶ 12 (quoting 5 U.S.C. § 8421 (c)). Basic annuity payments can be paid to a person other than the retiree “if and to the extent provided for in the terms of [] any court decree of divorce, annulment, or legal separation, or the terms of any court order or court-approved…”

Omar Hechavarria v. Off. of Pers. Mgmt. (MSPB 2024). · cites it 4× “On review, the appellant challenges the administrative judge’s reliance on 5 U.S.C. § 8421 (a) and argues that she should have applied 5 C.”

Opm v. Moulton (Fed. Cir. 2025). · cites it 4× “1 This case presents a purely legal question of statutory interpretation—whether, under 5 U.S.C. §§ 8421 (c) and 8467(a), OPM apportions the annuity supplement only when the terms of a court order (e.”

Pybas v. Opm (Fed. Cir. 2020). · cites it 2× “Pybas was not entitled to a FERS annuity supplement under 5 U.S.C. § 8421 (a)(1). J.A. 19. Mr. Pybas appealed OPM’s decision to the Merit Sys- tem Protection Board.”

Carla Dixon-Johnson v. Off. of Pers. Mgmt. (MSPB 2024). · cites it 2× “Under 5 U.S.C. § 8421 (a), only an individual entitled to an immediate retirement annuity under section 8412(a), (b), (d), (e), and (f), or an early retirement annuity under section 8414(a), (b), and (c), is entitled to a FERS annuity supplement.”

Michael O'Toole v. Dep't of Def. (MSPB 2024). · cites it 2× “Pursuant to a February 2018 report (Management Advisory) from its Office of the Inspector General (OIG), OPM opines that 5 U.S.C. § 8421 (c), which provides that an annuity supplement “shall, for purposes of section 8467 [court orders], be treated in the same way as an amount…”

Bryant Semenza v. United States Postal Serv. (MSPB 2024). · cites it 2× “5 U.S.C. §§ 8421 (a), 8461(a); 5 C.F.R. § 842.”

Dixon-Johnson v. Opm (Fed. Cir. 2024). · cites it 2× “By way of background, under 5 U.S.C. § 8421 (a)(1) and (a)(2), an individual who is entitled to a FERS annuity under certain provisions is “also .”

Richard Young v. Off. of Pers. Mgmt. (MSPB 2026). · cites it 2× “OPM’s reconsideration decision relied on 5 U.S.C. § 8421 (c) to find that OPM “must include [his Federal Employees’ Retirement System (FERS)] annuity supplement in the computation of the court-ordered division of [his] FERS annuity.”

Griswold v. Off. of Pers. Mgmt., 589 F. App'x 988 (Fed. Cir. 2015). · cites it 3× “Gris-wold’s military service from his annuity supplement calculation pursuant to the plain language of 5 U.S.C. § 8421 (b)(4)(C), the relevant OPM regulations, and case law.”

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