Page:United States Statutes at Large Volume 100 Part 1.djvu/562

 100 STAT. 526

PUBLIC LAW 99-335—JUNE 6, 1986

retirement age under section 8412(h) and must precede the date on which the employee or Member becomes 62 years of age. "(2) The election of an annuity under this subsection shall not be effective unless— "(A) it is made at such time and in such manner as the Office shall by regulation prescribe; and "(B) the employee or Member will not otherwise be eligible to receive an annuity within 31 days after filing the election. "(3) The election of an annuity under this subsection extinguishes the right of the employee or Member to receive any other annuity based on the service on which the annuity under this subsection is based. 5 USC 8414.

5 USC 4311.

5 USC 5361.

"§ 8414. Early retirement "(a)(1) A member of the Senior Executive Service who is removed from the Senior Executive Service for less than fully successful executive performance (as determined under subchapter II of chapter 43 of this title) after completing 25 years of service, or after becoming 50 years of age and completing 20 years of service, is entitled to an annuity. "(2) A member of the Defense Intelligence Senior Executive Service or the Senior Cryptologic Executive Service who is removed from such service for less than fully successful executive performance after completing 25 years of service, or after becoming 50 years of age and completing 20 years of service, is entitled to an annuity. "(b)(l) Except as provided in paragraphs (2) and (3), an employee who— "(A) is separated from the service involuntarily, except by removal for cause on charges of misconduct or delinquency; or "(B) while serving in a geographic area designated by the Director, is separated from the service voluntarily during a period in which (as determined by the Director)— "(i) the agency in which the employee is serving is undergoing a major reorganization, a major reduction in force, or a major transfer of function; and "(ii) a significant percentage of the total number of employees serving in such agency will be separated or subject to an immediate reduction in the rate of basic pay (without regard to subchapter VI of chapter 53 of this title or comparable provisions); after completing 25 years of service, or after becoming 50 years of age and completing 20 years of service, is entitled to an annuity. "(2) An employee under paragraph (1) who is separated as described in subparagraph (A) of such paragraph is not entitled to an annuity under this subsection if the employee has declined a reasonable offer of another position in the employee's agency for which the employee is qualified, and the offered position is not lower than 2 grades (or pay levels) below the employee's grade (or pay level) and is within the employee's commuting area. "(3) Paragraph (1) shall not apply to an employee entitled to an annuity under subsection (d) or (e) of section 8412. "(c) A military reserve technician who is separated from technician service, after becoming 50 years of age and completing 25 years of service, by reason of ceasing to satisfy the condition described in section 8401(30)(B) is entitled to an annuity.

�