Source
(Added Pub. L. 99–335, title I, § 101(a), June 6, 1986, 100 Stat. 540; amended Pub. L. 101–428, § 3(b)(1)(A), (2), Oct. 15, 1990, 104 Stat. 929, 930; Pub. L. 101–509, title V, § 529 [title IV, § 409(b)], Nov. 5, 1990, 104 Stat. 1427, 1468; Pub. L. 102–378, § 2(67), Oct. 2, 1992, 106 Stat. 1354; Pub. L. 103–283, title III, § 307(b)(1), July 22, 1994, 108 Stat. 1441; Pub. L. 105–261, div. C, title XXXI, § 3154(k), Oct. 17, 1998, 112 Stat. 2256; Pub. L. 106–553, § 1(a)(2) [title III, § 308(c)(5)], Dec. 21, 2000, 114 Stat. 2762, 2762A–87; Pub. L. 107–27, § 2(b), Aug. 20, 2001, 115 Stat. 207; Pub. L. 108–176, title II, § 226(a)(3)(B), Dec. 12, 2003, 117 Stat. 2529; Pub. L. 108–447, div. B, title I, § 112(b), Dec. 8, 2004, 118 Stat. 2868; Pub. L. 108–458, title II, § 2005(b), Dec. 17, 2004, 118 Stat. 3704; Pub. L. 110–161, div. E, title V, § 535(b)(6), Dec. 26, 2007, 121 Stat. 2076.)
Amendments
2007—Subsec. (b)(1).
Pub. L. 110–161 substituted “nuclear materials courier, or customs and border protection officer who” for “or nuclear materials courier who” and “nuclear materials courier, or customs and border protection officer” for “or nuclear materials courier,”.
2004—Subsec. (b).
Pub. L. 108–447, § 112(b)(1), and
Pub. L. 108–458, § 2005(b)(1), amended subsec. (b) identically, designating existing provisions as par. (1).
Subsec. (b)(2).
Pub. L. 108–458, § 2005(b)(2), added par. (2) relating to employees of the Federal Bureau of Investigation, limiting number of exemptions to 50 per fiscal year, and providing that authority to grant such exemptions shall cease to be available after Sept. 30, 2007.
Pub. L. 108–447, § 112(b)(2), added par. (2) relating to employees of the Federal Bureau of Investigation and providing that authority to grant exemptions shall cease to be available after Dec. 31, 2009.
2003—Subsec. (a).
Pub. L. 108–176 inserted at end “For purposes of this subsection, the term ‘air traffic controller’ or ‘controller’ has the meaning given to it under section
8401
(35)(A).”
2001—Subsec. (b).
Pub. L. 107–27 struck out first sentence which read “A firefighter who is otherwise eligible for immediate retirement under section
8412
(d) shall be separated from the service on the last day of the month in which such firefighter becomes 55 years of age or completes 20 years of service if then over that age.” and, in second sentence, inserted “, firefighter,” after “law enforcement officer” in two places and substituted “courier, as the case may be, becomes 57 years of age” for “courier becomes 57 years of age”.
2000—Subsec. (d).
Pub. L. 106–553, § 1(a)(2) [title III, § 308(c)(5)(A)], added subsec. (d). Former subsec. (d) redesignated (e).
Subsec. (e).
Pub. L. 106–553, § 1(a)(2) [title III, § 308(c)(5)], redesignated subsec. (d) as (e) and substituted “Police or Supreme Court Police)” for “Police)”.
1998—Subsec. (b).
Pub. L. 105–261, in second sentence, inserted “or nuclear materials courier” after “law enforcement officer” in two places.
1994—Subsec. (b).
Pub. L. 103–283, § 307(b)(1)(A), struck out “member of the Capitol Police or” before “firefighter who is” and “member or” before “firefighter becomes” in first sentence.
Subsecs. (c), (d).
Pub. L. 103–283, § 307(b)(1)(B), (C), added subsec. (c) and redesignated former subsec. (c) as (d).
1992—Subsec. (b).
Pub. L. 102–378 amended first sentence generally and, in second sentence, substituted “becomes” for “become”. Prior to amendment, first sentence read as follows: “A law enforcement officer, member of the Capitol Police, or firefighter who is otherwise eligible for immediate retirement under section
8412
(d) shall be separated from the service on the last day of the month in which that law enforcement officer, member of the Capitol Police, or firefighter becomes 55 years of age or completes 20 years of service if then over that age.”
1990—Subsec. (b).
Pub. L. 101–509, § 529 [title IV, § 409(b)(1)], which directed the amendment of subsec. (b) by striking out “law enforcement officer or” wherever appearing in first sentence, could not be executed because of a prior amendment by
Pub. L. 101–428, § 3(b)(1)(A), see below.
Pub. L. 101–509, § 529 [title IV, § 409(b)(2)], inserted after first sentence “A law enforcement officer who is otherwise eligible for immediate retirement under section
8412
(d) shall be separated from the service on the last day of the month in which that law enforcement officer become 57 years of age or completes 20 years of service if then over that age.”
Pub. L. 101–428, § 3(b)(1)(A), substituted “officer, member of the Capitol Police, or” for “officer or” in two places.
Subsec. (c).
Pub. L. 101–428, § 3(b)(2), inserted “(other than a member of the Capitol Police)” after “employee”.
Effective Date of 2007 Amendment; Transition Rules
Amendment by
Pub. L. 110–161 effective on the later of June 30, 2008, or the first day of the first pay period beginning at least 6 months after Dec. 26, 2007, with transition rules and rights of election, see section 535(e) of
Pub. L. 110–161, set out as a note under section
3307 of this title.
Effective Date of 2003 Amendment
Amendment by
Pub. L. 108–176 effective on 60th day after Dec. 12, 2003, and applicable with respect to any annuity entitlement based on an individual’s separation from service occurring on or after such effective date, and any service performed by any such individual before, on, or after such effective date, subject to special rule relating to deposit requirement, see section 226(c) of
Pub. L. 108–176, set out as a note under section
8401 of this title.
Effective Date of 2000 Amendment
Amendment by
Pub. L. 106–553 effective on the first day of the first applicable pay period that begins on Dec. 21, 2000, and applicable only to an individual who is employed as a member of the Supreme Court Police after Dec. 21, 2000, see section
1
(a)(2) [title III, § 308(i), (j)] of
Pub. L. 106–553, set out in a Supreme Court Police Retirement note under section
8331 of this title.
Effective Date of 1998 Amendment
Amendment by
Pub. L. 105–261 effective 1 year after Oct. 17, 1998, and applicable only to an individual who is employed as a nuclear materials courier, as defined by section
8331
(27) or
8401
(33) of this title, after Oct. 17, 1998, see section 3154(m), (n) of
Pub. L. 105–261, set out as a note under section
8331 of this title.
Effective Date of 1992 Amendment
Amendment by
Pub. L. 102–378 effective Nov. 5, 1990, see section 9(b)(6) of
Pub. L. 102–378, set out as a note under section
6303 of this title.
Exception to Automatic Separation of Members of Capitol Police
Section 3(b)(1)(B) of
Pub. L. 101–428 provided that: “Nothing in section
8425
(b) of title
5, United States Code, as amended by subparagraph (A), shall require the automatic separation of any member of the Capitol Police before the end of the 2-year period beginning on the date of enactment of this Act [Oct. 15, 1990].”