(a) Full salary in lieu of annuity; contributions to Fund; resumption of annuity with cost-of-living adjustment
Any annuitant recalled to duty in the Service under section
3948(a) of this title shall, while so serving, be entitled in lieu of annuity to the full salary of the class in which serving. During such service the recalled annuitant shall make contributions to the Fund in accordance with section
4045 of this title. On the day following termination of the recall service, the former annuity shall be resumed, adjusted by any cost-of-living increases under section
4065 of this title that became effective during the recall period.
(b) Refund of contributions to Fund; election for supplemental annuity or determination of annuity anew; prior service counted as recall service
If the recall service lasts less than one year, the contributions of the annuitant to the Fund during recall service shall be refunded in accordance with section
4055 of this title. If the recall service lasts more than one year, the annuitant may, in lieu of such refund, elect a supplemental annuity computed under section
4046 of this title on the basis of service credit and average salary earned during the recall period irrespective of the number of years of service credit previously earned. If the recall service continues for at least 5 years, the annuitant may elect to have his or her annuity determined anew under section
4046 of this title in lieu of any other benefits under this section. Any annuitant who is recalled under section
3948 of this title may upon written application count as recall service any prior service that is creditable under section
4056 of this title that was performed after the separation upon which his or her annuity is based.
(c) Annuitant subject to Foreign Service Pension System
If an annuitant becomes subject to part II of this subchapter by reason of recall service—
(1)subsections (a) and (b) of this section shall not apply to such annuitant; and
4064 of this title shall apply to the recall service as if such service were reemployment.
Amendment by Pub. L. 99–335effective Jan. 1, 1987, see section 702(a) ofPub. L. 99–335, set out as an Effective Date note under section
8401 of Title
5, Government Organization and Employees.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
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Description of Change
Statutes at Large
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