Code of Federal Regulations · Section
§ 842.404 — Reductions In Basic Annuity
5 C.F.R. § 842.404
The annuity of an employee or Member retiring under § 842.204(a)(1) or § 842.212(b) is reduced by five-twelfths of 1 percent for each full month by which the commencing date of annuity precedes the 62nd birthday of the employee or Member, unless the individual—
(a) Has completed 30 years of service; or
(b) (1) Has completed 20 years of service; and
(2) Is at least age 60 on the commencing date of annuity; or
(c) Has completed 20 years of service as—
(1) An air traffic controller, except one separated by removal for cause on charges of misconduct or delinquency;
(2) A firefighter and/or law enforcement officer, except one separated by removal for cause on charges of misconduct of delinquency; or
(3) A Member, except one separated by resignation or expulsion.
Authorizing Statute
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Survivor reduction for a current spouse5 U.S.C. § 8416
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Federal Employees’ Retirement System; exclusions5 U.S.C. § 8402
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Computation of basic annuity5 U.S.C. § 8415
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Authority of the Office of Personnel Management5 U.S.C. § 8461
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Survivor elections; deposit; offsets5 U.S.C. § 8418
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Executive departments5 U.S.C. § 101
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Survivor reductions; computation5 U.S.C. § 8419
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Delegation of authority for personnel management5 U.S.C. § 1104
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Definitions5 U.S.C. § 8401
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Survivor reduction for a former spouse5 U.S.C. § 8417
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Early retirement5 U.S.C. § 8414