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5 U.S. Code § 8313 - Absence from the United States to avoid prosecution
(a) An individual, or his survivor or beneficiary, may not be paid annuity or retired pay on the basis of the service of the individual which is creditable toward the annuity or retired pay, subject to the exceptions in section 8311(2) and (3) of this title, if the individual—
(1) is under indictment, or has outstanding against him charges preferred under the Uniform Code of Military Justice—
after July 31, 1956, for an offense named by section 8312(b) of this title; or
after September 26, 1961, for an offense named by section 8312(c) of this title; and
willfully remains outside the United States, or its territories and possessions including the Commonwealth of Puerto Rico, for more than 1 year with knowledge of the indictment or charges, as the case may be.
(b) The prohibition on payment of annuity or retired pay under subsection (a) of this section applies to the period after the end of the 1-year period and continues until—
a nolle prosequi to the entire indictment is entered on the record or the charges are dismissed by competent authority;
Historical and Revision Notes
Revised Statutes and
Statutes at Large
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
References in Text
Statutory Notes and Related Subsidiaries
Suspension of Payment of Retired Pay of Members Who Are Absent From United States To Avoid Prosecution
“(a) Development of Procedures for Suspension.—
The Secretary of Defense shall develop uniform procedures under which the Secretary of a military department may suspend the payment of the retired pay of a member or former member of the Armed Forces during periods in which the member willfully remains outside the United States to avoid criminal prosecution or civil liability. The procedures shall address the types of criminal offenses and civil proceedings for which the procedures may be used, including the offenses specified in section 8312 of title 5, United States Code, and the manner by which a member, upon the return of the member to the United States, may obtain retired pay withheld during the member’s absence.
“(b) Report to Congress.—
The Secretary of Defense shall submit to Congress a report describing the procedures developed under subsection (a). The report shall include recommendations regarding changes to existing provisions of law (including section 8313 of title 5, United States Code) that the Secretary determines are necessary to fully implement the procedures.
“(c) Retired Pay Defined.—
“(d) Effective Date.—
The uniform procedures required by subsection (a) shall be developed not later than 30 days after the date of the enactment of this Act [Sept. 23, 1996].”