{"identifier":"/us/usc/t5/s8311","title":5,"num":"\u00a7\u202f8311.","heading":"Definitions","text":"\u00a7\u202f8311.\nDefinitions\nFor the purpose of this subchapter\u2014\n(1) \u201cemployee\u201d means\u2014\n(A) an employee as defined by\nsection 2105 of this title\n(B) a Member of Congress as defined by\nsection 2106 of this title\n(C) a member or former member of a uniformed service; and\n(D) an individual employed by the government of the District of Columbia;\n(2) \u201cannuity\u201d means a retirement benefit, including a disability insurance benefit and a dependent\u2019s or survivor\u2019s benefit under subchapter II of chapter 7 of title 42, and a monthly annuity under section 228b or 228e of title 45, payable by an agency of the Government of the United States or the government of the District of Columbia on the basis of service as a civilian employee and other service which is creditable to an employee toward the benefit under the statute, regulation, or agreement which provides the benefit, but does not include\u2014\n(A) a benefit provided under statutes administered by the Department of Veterans Affairs;\n(B) pay or compensation which may not be diminished under section 1 of Article III of the Constitution of the United States;\n(C) that portion of a benefit payable under subchapter II of chapter 7 of title 42 which would be payable without taking into account, for any of the purposes of that subchapter, including determinations of periods of disability under\nsection 416(i) of title 42\n(D) monthly annuity awarded under section 228b or 228e of title 45 before\nSeptember 26, 1961\nsection 228c(e) of title 45\n(E) that portion of an annuity awarded under section 228b or 228e of title 45 after\nSeptember 25, 1961\nsection 228c\u20131 of title 45\n(F) a retirement benefit, including a disability insurance benefit and a dependent\u2019s or survivor\u2019s benefit under subchapter II of chapter 7 of title 42, awarded before\n(i) was convicted of an offense named by subsection (b) of\nsection 8312 of this title\n(ii) violated section 8314 or 8315(a)(1) of this title; or\n(G) a retirement benefit, including a disability insurance benefit and a dependent\u2019s or survivor\u2019s benefit under subchapter II of chapter 7 of title 42, awarded before\n(i) was convicted of an offense named by subsection (c) of\nsection 8312 of this title\n(ii) violated\nsection 8315(a)(2) of this title\n(3) \u201cretired pay\u201d means retired pay, retirement pay, retainer pay, or equivalent pay, payable under a statute to a member or former member of a uniformed service, and an annuity payable to an eligible beneficiary of the member or former member under chapter 73 of title 10 or section 5 of the Uniformed Services Contingency Option Act of 1953 (\n(A) a benefit provided under statutes administered by the Department of Veterans Affairs;\n(B) retired pay, retirement pay, retainer pay, or equivalent pay, awarded before\n(i) was convicted of an offense named by subsection (b) of\nsection 8312 of this title\n(ii) violated section 8314 or 8315(a)(1) of this title;\n(C) retired pay, retirement pay, retainer pay, or equivalent pay, awarded before\n(i) was convicted of an offense named by subsection (c) of\nsection 8312 of this title\n(ii) violated\nsection 8315(a)(2) of this title\n(D) an annuity payable to an eligible beneficiary of an individual under chapter 73 of title 10 or section 5 of the Uniformed Services Contingency Option Act of 1953 (\n(i) was convicted of an offense named by\nsection 8312 of this title\n(ii) violated section 8314 or 8315 of this title.","url":"https://projectusc.org/usc/t5/s8311.html","content":[{"t":"sec","id":"/us/usc/t5/s8311","children":[{"t":"num","text":"\u00a7\u202f8311."},{"t":"heading","text":"Definitions","tail":"\n"},{"t":"chapeau","text":"For the purpose of this subchapter\u2014"},{"t":"para","id":"/us/usc/t5/s8311/1","children":[{"t":"num","text":"(1)"},{"t":"chapeau","text":" \u201cemployee\u201d means\u2014"},{"t":"subpara","id":"/us/usc/t5/s8311/1/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" an employee as defined by ","children":[{"t":"ref","text":"section 2105 of this title","href":"/us/usc/t5/s2105","tail":";"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t5/s8311/1/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" a Member of Congress as defined by ","children":[{"t":"ref","text":"section 2106 of this title","href":"/us/usc/t5/s2106","tail":" and a Delegate to Congress;"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t5/s8311/1/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" a member or former member of a uniformed service; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t5/s8311/1/D","children":[{"t":"num","text":"(D)"},{"t":"content","text":" an individual employed by the government of the District of Columbia;","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t5/s8311/2","children":[{"t":"num","text":"(2)"},{"t":"chapeau","text":" \u201cannuity\u201d means a retirement benefit, including a disability insurance benefit and a dependent\u2019s or survivor\u2019s benefit under subchapter II of chapter 7 of title 42, and a monthly annuity under section 228b or 228e of title 45, payable by an agency of the Government of the United States or the government of the District of Columbia on the basis of service as a civilian employee and other service which is creditable to an employee toward the benefit under the statute, regulation, or agreement which provides the benefit, but does not include\u2014"},{"t":"subpara","id":"/us/usc/t5/s8311/2/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" a benefit provided under statutes administered by the Department of Veterans Affairs;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t5/s8311/2/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" pay or compensation which may not be diminished under section 1 of Article III of the Constitution of the United States;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t5/s8311/2/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" that portion of a benefit payable under subchapter II of chapter 7 of title 42 which would be payable without taking into account, for any of the purposes of that subchapter, including determinations of periods of disability under ","children":[{"t":"ref","text":"section 416(i) of title 42","href":"/us/usc/t42/s416/i","tail":", pay for services as an employee;"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t5/s8311/2/D","children":[{"t":"num","text":"(D)"},{"t":"content","text":" monthly annuity awarded under section 228b or 228e of title 45 before ","children":[{"t":"text","text":"September 26, 1961","tail":", whether or not computed under "},{"t":"ref","text":"section 228c(e) of title 45","href":"/us/usc/t45/s228c/e","tail":";"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t5/s8311/2/E","children":[{"t":"num","text":"(E)"},{"t":"content","text":" that portion of an annuity awarded under section 228b or 228e of title 45 after ","children":[{"t":"text","text":"September 25, 1961","tail":", which would be payable without taking into account military service creditable under "},{"t":"ref","text":"section 228c\u20131 of title 45","href":"/us/usc/t45/s228c\u20131","tail":";"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t5/s8311/2/F","children":[{"t":"num","text":"(F)"},{"t":"chapeau","text":" a retirement benefit, including a disability insurance benefit and a dependent\u2019s or survivor\u2019s benefit under subchapter II of chapter 7 of title 42, awarded before ","children":[{"t":"text","text":"September 1, 1954","tail":", to an individual or his survivor or beneficiary, insofar as the individual, before "},{"t":"text","text":"September 1, 1954","tail":"\u2014"}]},{"t":"clause","id":"/us/usc/t5/s8311/2/F/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" was convicted of an offense named by subsection (b) of ","children":[{"t":"ref","text":"section 8312 of this title","href":"/us/usc/t5/s8312","tail":", to the extent provided by that subsection; or"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t5/s8311/2/F/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" violated section 8314 or 8315(a)(1) of this title; or","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t5/s8311/2/G","children":[{"t":"num","text":"(G)"},{"t":"chapeau","text":" a retirement benefit, including a disability insurance benefit and a dependent\u2019s or survivor\u2019s benefit under subchapter II of chapter 7 of title 42, awarded before ","children":[{"t":"text","text":"September 26, 1961","tail":", to an individual or his survivor or beneficiary, insofar as the individual, before "},{"t":"text","text":"September 26, 1961","tail":"\u2014"}]},{"t":"clause","id":"/us/usc/t5/s8311/2/G/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" was convicted of an offense named by subsection (c) of ","children":[{"t":"ref","text":"section 8312 of this title","href":"/us/usc/t5/s8312","tail":", to the extent provided by that subsection; or"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t5/s8311/2/G/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" violated ","children":[{"t":"ref","text":"section 8315(a)(2) of this title","href":"/us/usc/t5/s8315/a/2","tail":"; and"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t5/s8311/3","children":[{"t":"num","text":"(3)"},{"t":"chapeau","text":" \u201cretired pay\u201d means retired pay, retirement pay, retainer pay, or equivalent pay, payable under a statute to a member or former member of a uniformed service, and an annuity payable to an eligible beneficiary of the member or former member under chapter 73 of title 10 or section 5 of the Uniformed Services Contingency Option Act of 1953 (","children":[{"t":"ref","text":"67 Stat. 504","href":"/us/stat/67/504","tail":"), but does not include\u2014"}]},{"t":"subpara","id":"/us/usc/t5/s8311/3/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" a benefit provided under statutes administered by the Department of Veterans Affairs;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t5/s8311/3/B","children":[{"t":"num","text":"(B)"},{"t":"chapeau","text":" retired pay, retirement pay, retainer pay, or equivalent pay, awarded before ","children":[{"t":"text","text":"September 1, 1954","tail":", to an individual, insofar as the individual, before "},{"t":"text","text":"September 1, 1954","tail":"\u2014"}]},{"t":"clause","id":"/us/usc/t5/s8311/3/B/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" was convicted of an offense named by subsection (b) of ","children":[{"t":"ref","text":"section 8312 of this title","href":"/us/usc/t5/s8312","tail":", to the extent provided by that subsection; or"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t5/s8311/3/B/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" violated section 8314 or 8315(a)(1) of this title;","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t5/s8311/3/C","children":[{"t":"num","text":"(C)"},{"t":"chapeau","text":" retired pay, retirement pay, retainer pay, or equivalent pay, awarded before ","children":[{"t":"text","text":"September 26, 1961","tail":", to an individual, insofar as the individual, before "},{"t":"text","text":"September 26, 1961","tail":"\u2014"}]},{"t":"clause","id":"/us/usc/t5/s8311/3/C/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" was convicted of an offense named by subsection (c) of ","children":[{"t":"ref","text":"section 8312 of this title","href":"/us/usc/t5/s8312","tail":", to the extent provided by that subsection; or"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t5/s8311/3/C/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" violated ","children":[{"t":"ref","text":"section 8315(a)(2) of this title","href":"/us/usc/t5/s8315/a/2","tail":"; or"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t5/s8311/3/D","children":[{"t":"num","text":"(D)"},{"t":"chapeau","text":" an annuity payable to an eligible beneficiary of an individual under chapter 73 of title 10 or section 5 of the Uniformed Services Contingency Option Act of 1953 (","children":[{"t":"ref","text":"67 Stat. 504","href":"/us/stat/67/504","tail":"), if the annuity was awarded to the beneficiary, or if retired pay was awarded to the individual, before "},{"t":"text","text":"September 26, 1961","tail":", insofar as the individual, on the basis of whose service the annuity was awarded, before "},{"t":"text","text":"September 26, 1961","tail":"\u2014"}]},{"t":"clause","id":"/us/usc/t5/s8311/3/D/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" was convicted of an offense named by ","children":[{"t":"ref","text":"section 8312 of this title","href":"/us/usc/t5/s8312","tail":", to the extent provided by that section; or"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t5/s8311/3/D/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" violated section 8314 or 8315 of this title.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}