(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 knowingly and willfully made or makes a false, fictitious, or fraudulent statement or representation, or knowingly and willfully concealed or conceals a material fact—
(1) before, on, or after September 1, 1954, concerning his—
(A) past or present membership in, affiliation or association with, or support of the Communist Party, or a chapter, branch, or subdivision thereof, in or outside the United States, or other organization, party, or group advocating—
(i)
the overthrow, by force, violence, or other unconstitutional means, of the Government of the United States;
(B)
conviction of an offense named by subsection (b) of section 8312 of this title, to the extent provided by that subsection; or
(C)
failure or refusal to appear, testify, or produce a book, paper, record, or other document, as specified by section 8314 of this title; or
(2)
before, on, or after September 26, 1961, concerning his conviction of an offense named by subsection (c) of section 8312 of this title, to the extent provided by that subsection;
in a document executed by the individual in connection with his employment in, or application for, a civilian or military office or position in or under the legislative, executive, or judicial branch of the Government of the United States or the government of the District of Columbia.
(b) The prohibition on the payment of annuity or retired pay applies—