5 U.S. Code § 8412a - Phased retirement
(a) For the purposes of this section—
the term “composite retirement annuity” means the annuity computed when a phased retiree attains full retirement status;
the term “phased employment” means the less-than-full-time employment of a phased retiree;
(4) the term “phased retiree” means a retirement-eligible employee who—
has not entered full retirement status;
the term “phased retirement annuity” means the annuity payable under this section before full retirement;
the term “phased retirement percentage” means the percentage which, when added to the working percentage for a phased retiree, produces a sum of 100 percent;
(9) the term “retirement-eligible employee”—
means an individual who, if the individual separated from the service, would meet the requirements for retirement under subsection (a) or (b) of section 8412; and
(B) does not include—
an individual who, if the individual separated from the service, would meet the requirements for retirement under subsection (d) or (e) of section 8412; but
(10) the term “working percentage” means the percentage of full-time employment equal to the quotient obtained by dividing—
the number of hours per pay period to be worked by a phased retiree, as scheduled in accordance with subsection (b)(2); by
the number of hours per pay period to be worked by an employee serving in a comparable position on a full-time basis.
With the concurrence of the head of the employing agency, and under regulations promulgated by the Director, a retirement-eligible employee who has been employed on a full-time basis for not less than the 3-year period ending on the date on which the retirement-eligible employee makes an election under this subsection may elect to enter phased retirement status.
Subject to subparagraph (B), at the time of entering phased retirement status, a phased retiree shall be appointed to a position for which the working percentage is 50 percent.
Not less than 20 percent of the hours to be worked by a phased retiree shall consist of mentoring.
The Director may, by regulation, provide for exceptions to the requirement under clause (i).
(3) A phased retiree—
may not be employed in more than one position at any time; and
A retirement-eligible employee who makes an election under this subsection may not make an election under section 8420a.
(1) Except as otherwise provided under this subsection, the phased retirement annuity for a phased retiree is the product obtained by multiplying—
the amount of an annuity computed under section 8415 that would have been payable to the phased retiree if, on the date on which the phased retiree enters phased retirement status, the phased retiree had separated from service and retired under section 8412 (a) or (b); by
the phased retirement percentage for the phased retiree.
A phased retirement annuity shall be paid in addition to the basic pay for the position to which a phased retiree is appointed during the phased employment.
A phased retirement annuity shall be adjusted in accordance with section 8462.
A phased retirement annuity shall not be subject to reduction for any form of survivor annuity, shall not serve as the basis of the computation of any survivor annuity, and shall not be subject to any court order requiring a survivor annuity to be provided to any individual.
A phased retirement annuity shall be subject to a court order providing for division, allotment, assignment, execution, levy, attachment, garnishment, or other legal process on the same basis as other annuities.
Any deposit, or election of an actuarial annuity reduction in lieu of a deposit, for military service or for creditable civilian service for which retirement deductions were not made or refunded, shall be made by a retirement-eligible employee at or before the time the retirement-eligible employee enters phased retirement status. No such deposit may be made, or actuarial adjustment in lieu thereof elected, at the time a phased retiree enters full retirement status.
Notwithstanding subparagraph (A), if a phased retiree does not make such a deposit and dies in service as a phased retiree, a survivor of the phased retiree shall have the same right to make such deposit as would have been available had the employee not entered phased retirement status and died in service.
A phased retirement annuity shall commence on the date on which a phased retiree enters phased employment.
No unused sick leave credit may be used in the computation of the phased retirement annuity.
(1) Except as provided otherwise under this subsection, a composite retirement annuity is a single annuity computed under regulations prescribed by the Director, equal to the sum of—
the amount of the phased retirement annuity as of the date of full retirement, including any adjustments made under section 8462; and
(B) the product obtained by multiplying—
the amount of an annuity computed under section 8412 that would have been payable at the time of full retirement if the individual had not elected a phased retirement and as if the individual was employed on a full-time basis in the position occupied during the phased retirement period and before any adjustment to provide for a survivor annuity; by
the working percentage.
After computing a composite retirement annuity under paragraph (1), the Director shall adjust the amount of the annuity for any applicable reductions for a survivor annuity.
A composite retirement annuity shall be adjusted in accordance with section 8462, except that subsection (c)(1) of that section shall not apply.
In computing a composite retirement annuity under paragraph (1)(B)(i), the unused sick leave to the credit of a phased retiree at the time of entry into full retirement status shall be adjusted by dividing the number of hours of unused sick leave by the working percentage.
Upon entering a full-time work schedule based on an election under paragraph (1), the phased retirement annuity of a phased retiree shall terminate.
After termination of the phased retirement annuity under this subsection, the individual’s rights under this chapter shall be determined based on the law in effect at the time of any subsequent separation from service. For purposes of this chapter, at the time of the subsequent separation from service, the phased retirement period shall be treated as if it had been a period of part-time employment with the work schedule described in subsection (b)(2).
(h) For purposes of subchapter IV—
the death of a phased retiree shall be deemed to be the death in service of an employee;
except for purposes of section 8442(b)(1)(A)(i), the phased retirement period shall be deemed to have been a period of part-time employment with the work schedule described in subsection (b)(2) of this section; and
for purposes of section 8442(b)(1)(A)(i), the phased retiree shall be deemed to have been at the full-time rate of pay for the position occupied.
A phased retiree is not eligible to receive an annuity supplement under section 8421.
For purposes of subchapter III, a phased retiree shall be deemed to be an employee.
A phased retiree is not eligible to apply for an annuity under subchapter V.
A phased retiree is not subject to section 8468.
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