5 U.S.C. § 8336 : US Code - Section 8336: Immediate retirement

Search 5 U.S.C. § 8336 : US Code - Section 8336: Immediate retirement

(a) An employee who is separated from the service after becoming
55 years of age and completing 30 years of service is entitled to
an annuity.
(b) An employee who is separated from the service after becoming
60 years of age and completing 20 years of service is entitled to
an annuity.
(c)(1) An employee who is separated from the service after
becoming 50 years of age and completing 20 years of service as a
law enforcement officer, firefighter, or nuclear materials courier,
or any combination of such service totaling at least 20 years, is
entitled to an annuity.
(2) An employee is entitled to an annuity if the employee - 
(A) was a law enforcement officer or firefighter employed by
the Panama Canal Company or the Canal Zone Government at any time
during the period beginning March 31, 1979, and ending September
30, 1979; and
(B) is separated from the service before January 1, 2000, after
becoming 48 years of age and completing 18 years of service as a
law enforcement officer or firefighter, or any combination of
such service totaling at least 18 years.
(d) An employee who - 
(1) is separated from the service involuntarily, except by
removal for cause on charges of misconduct or delinquency; or
(2)(A) has been employed continuously, by the agency in which
the employee is serving, for at least the 31-day period ending on
the date on which such agency requests the determination referred
to in subparagraph (D);
(B) is serving under an appointment that is not time limited;
(C) has not been duly notified that such employee is to be
involuntarily separated for misconduct or unacceptable
performance;
(D) is separated from the service voluntarily during a period
in which, as determined by the office (!1) of Personnel
Management (upon request of the agency) under regulations
prescribed by the Office - 
(i) such agency (or, if applicable, the component in which
the employee is serving) is undergoing substantial delayering,
substantial reorganization, substantial reductions in force,
substantial transfer of function, or other substantial
workforce restructuring (or shaping);
(ii) a significant percentage of employees servicing (!2) in
such agency (or component) are likely to be separated or
subject to an immediate reduction in the rate of basic pay
(without regard to subchapter VI of chapter 53, or comparable
provisions); or
(iii) identified as being in positions which are becoming
surplus or excess to the agency's future ability to carry out
its mission effectively; and
(E) as determined by the agency under regulations prescribed by
the Office, is within the scope of the offer of voluntary early
retirement, which may be made on the basis of - 
(i) 1 or more organizational units;
(ii) 1 or more occupational series or levels;
(iii) 1 or more geographical locations;
(iv) specific periods;
(v) skills, knowledge, or other factors related to a
position; or
(vi) any appropriate combination of such factors;
after completing 25 years of service or after becoming 50 years of
age and completing 20 years of service is entitled to an annuity.
For purposes of paragraph (1) of this subsection, separation for
failure to accept a directed reassignment to a position outside the
commuting area of the employee concerned or to accompany a position
outside of such area pursuant to a transfer of function shall not
be considered to be a removal for cause on charges of misconduct or
delinquency. Notwithstanding the first sentence of this subsection,
an employee described in paragraph (1) of this subsection is not
entitled to an annuity under this subsection if the employee has
declined a reasonable offer of another position in the employee's
agency for which the employee is qualified, which is not lower than
2 grades (or pay levels) below the employee's grade (or pay level),
and which is within the employee's commuting area.
(e) An employee who is voluntarily or involuntarily separated
from the service, except by removal for cause on charges of
misconduct or delinquency, after completing 25 years of service as
an air traffic controller or after becoming 50 years of age and
completing 20 years of service as an air traffic controller, is
entitled to an annuity.
(f) An employee who is separated from the service after becoming
62 years of age and completing 5 years of service is entitled to an
annuity.
(g) A Member who is separated from the service after becoming 62
years of age and completing 5 years of civilian service or after
becoming 60 years of age and completing 10 years of Member service
is entitled to an annuity. A Member who is separated from the
service after becoming 55 years of age (but before becoming 60
years of age) and completing 30 years of service is entitled to a
reduced annuity. A Member who is separated from the service, except
by resignation or expulsion, after completing 25 years of service
or after becoming 50 years of age and (1) completing 20 years of
service or (2) serving in 9 Congresses is entitled to an annuity.
(h)(1) A member of the Senior Executive Service who is removed
from the Senior Executive Service for less than fully successful
executive performance (as determined under subchapter II of chapter
43 of this title) after completing 25 years of service or after
becoming 50 years of age and completing 20 years of service is
entitled to an annuity.
(2) A member of the Defense Intelligence Senior Executive Service
or the Senior Cryptologic Executive Service who is removed from
such service for failure to be recertified as a senior executive or
for less than fully successful executive performance after
completing 25 years of service or after becoming 50 years of age
and completing 20 years of service is entitled to an annuity.
(3) A member of the Federal Bureau of Investigation and Drug
Enforcement Administration Senior Executive Service who is removed
from such service for failure to be recertified as a senior
executive or for less than fully successful executive performance
after completing 25 years of service or after becoming 50 years of
age and completing 20 years of service is entitled to an annuity.
(i)(1) An employee of the Panama Canal Commission or of an
Executive agency conducting operations in the Canal Zone or
Republic of Panama who is separated from the service before January
1, 2000, who was employed by the Canal Zone Government or the
Panama Canal Company at any time during the period beginning March
31, 1979, and ending September 30, 1979, and who has had continuous
Panama Canal service, without a break in service of more than 3
days, from that time until separation, is entitled to an annuity if
the employee is separated - 
(A) involuntarily, after completing 20 years of service or
after becoming 48 years of age and completing 18 years of
service, if the separation is a result of the implementation of
any provision of the Panama Canal Treaty of 1977 and related
agreements; or
(B) voluntarily, after completing 23 years of service or after
becoming 48 years of age and completing 18 years of service.
(2) An employee of the Panama Canal Commission or of an Executive
agency conducting operations in the Canal Zone or Republic of
Panama who is separated from the service before January 1, 2000,
who was employed, at a permanent duty station in the Canal Zone, by
any Executive agency other than the Canal Zone Government or the
Panama Canal Company at any time during the period beginning March
31, 1979, and ending September 30, 1979, and who has had continuous
Panama Canal service, without a break in service of more than 3
days, from that time until separation, is entitled to an annuity if
- 
(A) the employee is separated involuntarily, after completing
20 years of service or after becoming 48 years of age and
completing 18 years of service; and
(B) the separation is the result of the implementation of any
provision of the Panama Canal Treaty of 1977 and related
agreements.
(3) An employee of the Panama Canal Commission employed by that
body after September 30, 1979, who is separated from the Panama
Canal Commission before January 1, 2000, and who at the time of
separation has a minimum of 11 years of continuous employment with
the Commission (disregarding any break in service of 3 days or
less) is entitled to an annuity if the employee is separated - 
(A) involuntarily, after completing 20 years of service or
after becoming 48 years of age and completing 18 years of
service, if the separation is a result of the implementation of
any provision of the Panama Canal Treaty of 1977 and related
agreements; or
(B) voluntarily, after completing 23 years of service or after
becoming 48 years of age and completing 18 years of service.
(4) For the purpose of this subsection - 
(A) "Panama Canal service" means - 
(i) service as an employee of the Canal Zone Government, the
Panama Canal Company, or the Panama Canal Commission; or
(ii) service at a permanent duty station in the Canal Zone or
Republic of Panama as an employee of an Executive agency
conducting operations in the Canal Zone or the Republic of
Panama; and
(B) "Executive agency" includes the United States District
Court for the District of the Canal Zone and the Smithsonian
Institution.
(j)(1) Except as provided in paragraph (3), an employee is
entitled to an annuity if he - 
(A)(i) is separated from the service after completing 25 years
of service or after becoming 50 years of age and completing 20
years of service, or
(ii) is involuntarily separated, except by removal for cause on
charges of misconduct or delinquency, during the 2-year period
before the date on which he would meet the years of service and
age requirements under clause (i),
(B) was employed in the Bureau of Indian Affairs, the Indian
Health Service, a tribal organization (to the extent provided in
paragraph (2)), or any combination thereof, continuously from
December 21, 1972, to the date of his separation, and
(C) is not entitled to preference under the Indian preference
laws.
(2) Employment in a tribal organization may be considered for
purposes of paragraph (1)(B) of this subsection only if - 
(A) the employee was employed by the tribal organization after
January 4, 1975, and immediately before such employment he was an
employee of the Bureau of Indian Affairs or the Indian Health
Service, and
(B) at the time of such employment such employee and the tribal
organization were eligible to elect, and elected, to have the
employee retain the coverage, rights, and benefits of this
chapter under section 105(e)(2) of the Indian Self-Determination
Act (25 U.S.C. 450i(a)(2); (!3) 88 Stat. 2209).
(3)(A) The provisions of paragraph (1) of this subsection shall
not apply with respect to any separation of any employee which
occurs after the date 10 years after - 
(i) the date the employee first meets the years of service and
age requirements of paragraph (1)(A)(i), or
(ii) the date of the enactment of this paragraph, if the
employee met those requirements before that date.
(B) For purposes of applying this paragraph with respect to any
employee of the Bureau of Indian Affairs in the Department of the
Interior or of the Indian Health Service in the Department of
Health, Education, and Welfare, the Secretary of the department
involved may postpone the date otherwise applicable under
subparagraph (A) if - 
(i) such employee consents to such postponement, and
(ii) the Secretary finds that such postponement is necessary
for the continued effective operation of the agency.
The period of any postponement under this subparagraph shall not
exceed 12 months and the total period of all postponements with
respect to any employee shall not exceed 5 years.
(4) For the purpose of this subsection - 
(A) "Bureau of Indian Affairs" means (i) the Bureau of Indian
Affairs and (ii) all other organizational units in the Department
of the Interior directly and primarily related to providing
services to Indians and in which positions are filled in
accordance with the Indian preference laws.
(B) "Indian preference laws" means section 12 of the Act of
June 18, 1934 (25 U.S.C. 472; 48 Stat. 986), or any other
provision of law granting a preference to Indians in promotions
or other Federal personnel actions.
(k) A bankruptcy judge, United States magistrate judge, or Court
of Federal Claims judge who is separated from service, except by
removal, after becoming 62 years of age and completing 5 years of
civilian service, or after becoming 60 years of age and completing
10 years of service as a bankruptcy judge, United States magistrate
judge, or Court of Federal Claims judge, is entitled to an annuity.
(l) A judge of the United States Court of Appeals for the Armed
Forces who is separated from the service after becoming 62 years of
age and completing 5 years of civilian service or after completing
the term of service for which he was appointed as a judge of such
court is entitled to an annuity. A judge who is separated from the
service before becoming 60 years of age is entitled to a reduced
annuity.
(m) A member of the Capitol Police who is separated from the
service after becoming 50 years of age and completing 20 years of
service as a member of the Capitol Police or as a law enforcement
officer, or any combination of such service totaling at least 20
years, is entitled to an annuity.
(n) A member of the Supreme Court Police who is separated from
the service after becoming 50 years of age and completing 20 years
of service as a member of the Supreme Court Police or as a law
enforcement officer, or any combination of such service totaling at
least 20 years, is entitled to an annuity.
(o) An annuity or reduced annuity authorized by this section is
computed under section 8339 of this title.
(p)(1) The Secretary of Defense may, during fiscal years 2002 and
2003, carry out a program under which an employee of the Department
of Defense may be separated from the service entitled to an
immediate annuity under this subchapter if the employee - 
(A) has - 
(i) completed 25 years of service; or
(ii) become 50 years of age and completed 20 years of
service; and
(B) is eligible for the annuity under paragraph (2) or (3).
(2)(A) For the purposes of paragraph (1), an employee referred to
in that paragraph is eligible for an immediate annuity under this
paragraph if the employee - 
(i) is separated from the service involuntarily other than for
cause; and
(ii) has not declined a reasonable offer of another position in
the Department of Defense for which the employee is qualified,
which is not lower than 2 grades (or pay levels) below the
employee's grade (or pay level), and which is within the
employee's commuting area.
(B) For the purposes of paragraph (2)(A)(i), a separation for
failure to accept a directed reassignment to a position outside the
commuting area of the employee concerned or to accompany a position
outside of such area pursuant to a transfer of function may not be
considered to be a removal for cause.
(3) For the purposes of paragraph (1), an employee referred to in
that paragraph is eligible for an immediate annuity under this
paragraph if the employee satisfies all of the following
conditions:
(A) The employee is separated from the service voluntarily
during a period in which the organization within the Department
of Defense in which the employee is serving is undergoing a major
organizational adjustment.
(B) The employee has been employed continuously by the
Department of Defense for more than 30 days before the date on
which the head of the employee's organization requests the
determinations required under subparagraph (A).
(C) The employee is serving under an appointment that is not
limited by time.
(D) The employee is not in receipt of a decision notice of
involuntary separation for misconduct or unacceptable
performance.
(E) The employee is within the scope of an offer of voluntary
early retirement, as defined on the basis of one or more of the
following objective criteria:
(i) One or more organizational units.
(ii) One or more occupational groups, series, or levels.
(iii) One or more geographical locations.
(iv) Any other similar objective and nonpersonal criteria
that the Office of Personnel Management determines appropriate.
(4) Under regulations prescribed by the Office of Personnel
Management, the determinations of whether an employee meets - 
(A) the requirements of subparagraph (A) of paragraph (3) shall
be made by the Office, upon the request of the Secretary of
Defense; and
(B) the requirements of subparagraph (E) of such paragraph
shall be made by the Secretary of Defense.
(5) A determination of which employees are within the scope of an
offer of early retirement shall be made only on the basis of
consistent and well-documented application of the relevant
criteria.
(6) In this subsection, the term "major organizational
adjustment" means any of the following:
(A) A major reorganization.
(B) A major reduction in force.
(C) A major transfer of function.
(D) A workforce restructuring - 
(i) to meet mission needs;
(ii) to achieve one or more reductions in strength;
(iii) to correct skill imbalances; or
(iv) to reduce the number of high-grade, managerial,
supervisory, or similar positions.