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5 U.S.C. § 8336

Immediate retirement

United States · Title 5 — GOVERNMENT ORGANIZATION AND EMPLOYEES · Status: effective

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5 U.S.C. § 8336, Immediate retirement, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/427443
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Full text

An employee is entitled to an annuity if the employee— In this paragraph— the term “affected individual” means an individual covered under this subchapter who— is appointed to a position in the civil service that— The service of an affected individual shall no longer be eligible for treatment under subparagraph (B) if such service occurs after the individual— An employee who— is separated from the service voluntarily during a period in which, as determined by the office 11 So in original. Probably should be capitalized. of Personnel Management (upon request of the agency) under regulations prescribed by the Office— 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— 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— 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— 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— For the purpose of this subsection— “Panama Canal service” means— Except as provided in paragraph (3), an employee is entitled to an annuity if he— Employment in a tribal organization may be considered for purposes of paragraph (1)(B) of this subsection only if— 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— 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— For the purpose of this subsection— 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— has— 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— 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: 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: Under regulations prescribed by the Office of Personnel Management, the determinations of whether an employee meets— In this subsection, the term “major organizational adjustment” means any of the following: A workforce restructuring—

Legislative history

The public laws that enacted or amended this section. Tallies are for the whole bill as it passed each chamber — often an omnibus covering far more than this provision — not a vote on this section alone. The law that originally enacted this section predates the public laws loaded here, so only later amendments are listed.

  • Amended byPub. L. 93-39(H.R. 6077)1973-06-12
    A bill to permit immediate retirement of certain Federal employees.
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 93-350(H.R. 9281)1974-07-12
    A bill to amend title 5, United States Code, with respect to the retirement of certain law enforcement and firefighter personnel, and for other purposes.
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 94-183(H.R. 4573)1975-12-31
    An Act to amend chapter 83 of title 5, United States Code, to establish time limitations in applying for civil service retirement benefits, and for other purposes.
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 95-454(S. 2640)1978-10-13
    Civil Service Reform Act of 1978
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 96-70(H.R. 111)1979-09-27
    An act to provide for the operation and maintenance of the Panama Canal under the Panama Canal Treaty of 1977, and for other purposes.
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 96-135(H.R. 1885)1979-12-05
    A bill to amend Civil Service retirement provisions as they apply to certain employees of the Bureau of Indian Affairs and of the Indian Health Service who are not entitled to Indian employment preference and to modify the application of the Indian employment preference laws as it applies to those agencies.
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 97-89(H.R. 3454)1981-12-04
    Intelligence Authorization Act for Fiscal Year 1982
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 97-253(H.R. 6955)1982-09-08
    Omnibus Reconciliation Act of 1982
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 98-94(S. 675)1983-09-24
    Department of Defense Authorization Act, 1984
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 98-353(H.R. 5174)1984-07-10
    Bankruptcy Amendments and Federal Judgeship Act of 1983
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 98-531(H.R. 6216)1984-10-19
    A bill to amend the Bankruptcy Amendments and Federal Judgeship Act of 1984 to make technical corrections with respect to the retirement of certain bankruptcy judges, and for other purposes.
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 98-615(H.R. 2300)1984-11-08
    Civil Service Retirement Spouse Equity Act of 1984
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 99-190(H.J.Res. 465)1985-12-19
    Making further continuing appropriations for the fiscal year 1986, and for other Dec. 19, 1985 purposes.
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 100-53(H.R. 1947)1987-06-18
    Magistrates' Retirement Parity Act of 1987
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 100-325(H.R. 4083)1988-05-30
    A bill to amend title 5, United States Code, to authorize the establishment of the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service, and for other purposes.
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 101-194(H.R. 3660)1989-11-30
    Ethics Reform Act of 1989
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 101-428(H.R. 5641)1990-10-15
    Capitol Police Retirement Act
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 101-510(H.R. 4739)1990-11-05
    National Defense Authorization Act for Fiscal Year 1991
  • Amended byPub. L. 101-650(H.R. 5316)1990-12-01
    Judicial Improvements Act of 1990
    House: 386–18Senate: no recorded tally
  • Amended byPub. L. 102-572(S. 1569)1992-10-29
    Federal Courts Administration Act of 1992
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 103-337(S. 2182)1994-10-05
    National Defense Authorization Act for Fiscal Year 1995
  • Amended byPub. L. 105-261(H.R. 3616)1998-10-17
    Strom Thurmond National Defense Authorization Act for Fiscal Year 1999
  • Amended byPub. L. 106-58(H.R. 2490)1999-09-29
    Treasury and General Government Appropriations Act, 2000
  • Amended byPub. L. 106-398(H.R. 4205)2000-10-30
    Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001
  • Amended byPub. L. 106-553(H.R. 4942)2000-12-21
    District of Columbia Appropriations Act, 2001
  • Amended byPub. L. 107-107(S. 1438)2001-12-28
    National Defense Authorization Act for Fiscal Year 2002
  • Amended byPub. L. 107-296(H.R. 5005)2002-11-25
    Homeland Security Act of 2002
  • Amended byPub. L. 110-161(H.R. 2764)2007-12-26
    Consolidated Appropriations Act, 2008
  • Amended byPub. L. 117-225(H.R. 521)2022-12-09
    First Responder Fair RETIRE Act
    House: 417–0Senate: no recorded tally