5 U.S.C. § 8339
Computation of annuity
United States · Title 5 — GOVERNMENT ORGANIZATION AND EMPLOYEES · Status: effective
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- 5 U.S.C. § 8339, Computation of annuity, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/427447
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Full text
Except as otherwise provided by this section, the annuity of an employee retiring under this subchapter is—
The annuity of a Congressional employee, or former Congressional employee, retiring under this subchapter is computed under subsection (a) of this section, except, if he has had—
The annuity of a Member, or former Member with title to Member annuity, retiring under this subchapter is computed under subsection (a) of this section, except, if he has had at least 5 years’ service as a Member or Congressional employee or any combination thereof, his annuity is computed with respect to—
The annuity of an employee retiring under section 8335(b) or 8336(c) of this title is—
The annuity of an employee retiring under this subchapter who was employed by the Panama Canal Company or Canal Zone Government on September 30, 1979, is computed with respect to the period of continuous Panama Canal service from that date, disregarding any break in service of not more than 3 days, by adding—
The annuity of an employee retiring under this subchapter who is employed by the Panama Canal Commission at any time during the period beginning October 1, 1990, and ending December 31, 1999, is computed, with respect to any period of service with the Panama Canal Commission, by adding—
In the case of an employee retiring under this subchapter who—
For the purpose of this subsection—
“Panama Canal service” means—
The annuity of an employee retiring under section 8336(j) of this title is computed under subsection (a) of this section, except that with respect to service on or after December 21, 1972, the employee’s annuity is—
The annuity computed under subsections (a) through (e), (n), (q), (r), and (s) may not exceed 80 percent of—
the greatest of—
The annuity of an employee or Member retiring under section 8337 of this title is at least the smaller of—
For the purposes of subsections (a)–(h), (n), (q), (r), or (s), the total service of any employee or Member shall not include any period of civilian service after July 31, 1920, for which retirement deductions or deposits have not been made under section 8334(a) of this title unless—
The annuity computed under subsections (a)–(i), (n), (q), (r), and (s) (or a portion of the annuity, if jointly designated for this purpose by the employee or Member and the spouse of the employee or Member under procedures prescribed by the Office of Personnel Management) for an employee or Member who is married at the time of retiring under this subchapter is reduced as provided in paragraph (4) of this subsection in order to provide a survivor annuity for the spouse under section 8341(b) of this title, unless the employee or Member and the spouse jointly waive the spouse’s right to a survivor annuity in a written election filed with the Office at the time that the employee or Member retires. Each such election shall be made in accordance with such requirements as the Office shall, by regulation, prescribe, and shall be irrevocable. The Office shall provide, by regulation, that an employee or Member may waive the survivor annuity without the spouse’s consent if the employee or Member establishes to the satisfaction of the Office—
An employee or Member who has a former spouse may elect, under procedures prescribed by the Office, to have the annuity computed under subsections (a)–(i), (n), (q), (r), and (s) or a portion thereof reduced as provided in paragraph (4) of this subsection in order to provide a survivor annuity for such former spouse under section 8341(h) of this title, unless all rights to survivor benefits for such former spouse under this subchapter based on marriage to such employee or Member were waived under paragraph (1) of this subsection. An election under this paragraph shall be made at the time of retirement or, if later, within 2 years after the date on which the marriage of the former spouse to the employee or Member is dissolved, subject to a deposit in the Fund by the retired employee or Member of an amount determined by the Office, as nearly as may be administratively feasible, to reflect the amount by which the annuity of such employee or Member would have been reduced if the election had been continuously in effect since the date the annuity commenced, plus interest. For the purposes of the preceding sentence, the annual rate of interest for each year during which the annuity would have been reduced if the election had been in effect since the date the annuity commenced shall be 6 percent. The Office shall, by regulation, provide for payment of the deposit required under this paragraph by a reduction in the annuity of the employee or Member. The reduction shall, to the extent practicable, be designed so that the present value of the future reduction is actuarially equivalent to the deposit required under this paragraph, except that the total reductions in the annuity of an employee or Member to pay deposits required by the provisions of this paragraph, paragraph (5), or subsection (k)(2) shall not exceed 25 percent of the annuity computed under subsections (a) through (i), (n), (q), and (r), including adjustments under section 8340. The reduction, which shall be effective on the same date as the election under this paragraph, shall be permanent and unaffected by any future termination of the entitlement of the former spouse. Such reduction shall be independent of and in addition to the reduction required under the first sentence of this paragraph. An election under this paragraph—
shall not be effective to the extent that it—
conflicts with—
Any reduction in an annuity for the purpose of providing a survivor annuity for the current spouse of a retired employee or Member shall be terminated for each full month—
An election to provide a survivor annuity to a person under this subparagraph—
The deposit provisions of clauses (ii) and (iii) of this subparagraph shall not apply if—
The election and reduction shall take effect on the first day of the first month beginning after the expiration of the 9-month period beginning on the date of marriage. Any such election to provide a survivor annuity for a person—
Subparagraphs (B)(ii) and (C) of this paragraph shall not apply if—
The annuity computed under subsections (a)–(k), (n), (q), (r), and (s) for an employee who is a citizen of the United States is increased by $36 for each year of service in the employ of—
An employee or Member—
An employee or Member—
The amount to be deposited with respect to an election under this subsection is an amount equal to the sum of—
In computing an annuity under this subchapter for an employee whose service includes service that was performed on a part-time basis—
In the administration of paragraph (1)—
subparagraph (B) of such paragraph—
The annuity of a member of the Capitol Police, or former member of the Capitol Police, retiring under this subchapter is computed in accordance with subsection (b), except that, in the case of a member who retires under section 8335(c) or 8336(m), and who meets the requirements of subsection (b)(2), the annuity of such member is—
If the total amount of service
performed, on or after the date of
the enactment of this subsection,
as a Government physician is:
Then, the percentage allowable is:
Less than 2 years
0
At least 2 but less than 4 years
25
At least 4 but less than 6 years
50
At least 6 but less than 8 years
75
At least 8 years
100.
Notwithstanding any other provision of this subsection, 100 percent of all amounts received as a physicians comparability allowance shall, to the extent attributable to service performed on or after the date of the enactment of this subsection, be treated as basic pay (without regard to any of the preceding provisions of this subsection) for purposes of computing—
22 So in original. No subsec.
(t) has been enacted. The annuity of an employee retiring under this subchapter with service credited under section 8332(b)(17) shall be reduced by the amount necessary to ensure that the present value of the annuity payable to the employee is actuarially equivalent to the present value of the annuity that would be payable to the employee under this subchapter if it were computed—
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.
- An Act to amend certain provisions of law defining widow and widower under the civil service retirement system, and for other purposes.House: no recorded tallySenate: no recorded tally
- 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
- A bill to amend chapter 83 of title 5, United States Code, to eliminate the annuity reduction made, in order to provide a surviving spouse with an annuity, during periods when the annuitant is not married.House: no recorded tallySenate: no recorded tally
- An Act to amend title 5, United States Code, to correct certain inequities in the crediting of National Guard technician service in connection with civil service retirement, and for other purposes.House: no recorded tallySenate: no recorded tally
- A bill to clarify the application of section 8344 of title 5, United States Code, relating to civil service annuities and pay upon reemployment, and for other purposes.House: no recorded tallySenate: no recorded tally
- Age Discrimination in Employment Act Amendments of 1978House: no recorded tallySenate: no recorded tally
- A bill to amend chapter 83 of title 5, United States Code, to grant an annuitant the right to elect within 1 year after remarriage whether such annuitant's new spouse shall be entitled, if otherwise qualified, to a survivor annuity, and to eliminate the annuity reduction made by an unmarried annuitant to provide a survivor annuity to an individual having an insurable interest in cases where such individual predeceases the annuitant.House: no recorded tallySenate: no recorded tally
- Civil Service Reform Act of 1978House: no recorded tallySenate: no recorded tally
- An Act to clarify the status of certain legislative and judicial officers under the provisions of title 5, United States Code, relating to annual and sick leave, and for other purposes.House: no recorded tallySenate: no recorded tally
- A bill to establish a uniform law on the subject of bankruptcies.House: no recorded tallySenate: no recorded tally
- A bill to make certain technical and clerical amendments to title 5, United States Code.House: no recorded tallySenate: no recorded tally
- 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
- 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
- A bill to amend title 5, United States Code, to require any Federal employee who elects at the time of retirement not to provide survivorship benefits for the employee's spouse to notify (or take all reasonable steps to notify) the spouse of that election.House: no recorded tallySenate: no recorded tally
- Omnibus Reconciliation Act of 1980House: no recorded tallySenate: no recorded tally
- Omnibus Reconciliation Act of 1982House: no recorded tallySenate: no recorded tally
- A joint resolution making continuing appropriations for the fiscal year 1983, and for other purposes.House: no recorded tallySenate: no recorded tally
- Department of Defense Authorization Act, 1984House: no recorded tallySenate: no recorded tally
- A bill to continue the transition provisions of the Bankruptcy Act until May 1, 1984, and for other purposes.House: no recorded tallySenate: no recorded tally
- A bill to continue the transition provisions of the Bankruptcy Act until May 26, 1984, and for other purposes.House: no recorded tallySenate: no recorded tally
- An act to extend the transition period under the Bankruptcy Reform Act of 1978.House: no recorded tallySenate: no recorded tally
- A bill to continue the transition provisions of the Bankruptcy Act until June 27, 1984, and for other purposes.House: no recorded tallySenate: no recorded tally
- Bankruptcy Amendments and Federal Judgeship Act of 1983House: no recorded tallySenate: no recorded tally
- 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
- Civil Service Retirement Spouse Equity Act of 1984House: no recorded tallySenate: no recorded tally
- Federal Employees Benefits Improvement Act of 1986House: no recorded tallySenate: no recorded tally
- Consolidated Omnibus Budget Reconciliation Act of 1985House: no recorded tallySenate: no recorded tally
- Magistrates' Retirement Parity Act of 1987House: no recorded tallySenate: no recorded tally
- Ethics Reform Act of 1989House: no recorded tallySenate: no recorded tally
- Capitol Police Retirement ActHouse: no recorded tallySenate: no recorded tally
- Omnibus Budget Reconciliation Act of 1990
- National Defense Authorization Act for Fiscal Year 1991
- Judicial Improvements Act of 1990House: 386–18Senate: no recorded tally
- To amend title 38, United States Code, with respect to veterans programs for housing and memorial affairs, and for other purposes.House: no recorded tallySenate: no recorded tally
- A bill to make certain technical corrections in the Judicial Improvements Act of 1990.House: no recorded tallySenate: no recorded tally
- Technical and Miscellaneous Civil Service Amendments Act of 1992House: no recorded tallySenate: no recorded tally
- Federal Courts Administration Act of 1992House: no recorded tallySenate: no recorded tally
- Omnibus Budget Reconciliation Act of 1993
- National Defense Authorization Act for Fiscal Year 1995
- National Defense Authorization Act for Fiscal Year 1996
- Treasury and General Government Appropriations Act, 1998
- Strom Thurmond National Defense Authorization Act for Fiscal Year 1999
- Treasury and General Government Appropriations Act, 2000
- Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001
- District of Columbia Appropriations Act, 2001
- Consolidated Appropriations Act, 2001
- Federal Physicians Comparability Allowance Amendments of 2000House: no recorded tallySenate: no recorded tally
- National Defense Authorization Act for Fiscal Year 2002
- Homeland Security Act of 2002
- National Defense Authorization Act for Fiscal Year 2010