Computation of annuity

§ 8339. Computation of annuity (a) Except as otherwise provided by this section, the annuity of an employee retiring under this subchapter is— (1) 1½ percent of his average pay multiplied by so much of his total service as does not exceed 5 years; plus (2) 1¾ percent of his average pay multiplied by so much of his total service as exceeds 5 years but does not exceed 10 years; plus (3) 2 percent of his average pay multiplied by so much of his total service as exceeds 10 years. However, when it results in a larger annuity, 1 percent of his average pay plus $25 is substituted for the percentage specified by paragraph (1), (2), or (3) of this subsection, or any combination thereof. (b) The annuity of a Congressional employee, or former Congressional employee, retiring under this subchapter is computed under subsection (a) of this section, except, if he has had— (1) at least 5 years’ service as a Congressional employee or Member or any combination thereof; and (2) deductions withheld from his pay or has made deposit covering his last 5 years of civilian service; his annuity is computed, with respect to so much of his service as a Congressional employee and his military service as does not exceed a 80 Stat. 575total of 15 years and any Member service, by multiplying 2 ½ percent of his average pay by the years of that service. (c) The annuity of a Member, or former Member with title to Member annuity, retiring under this subchapter is computed under subsection (a) of this section, except, if he has had at least 5 years’ service as a Member or Congressional employee or any combination thereof, his annuity is computed with respect to— (1) his service as a Member and so much of his military service as is creditable for the purpose of this paragraph; and (2) so much of his Congressional employee service as does not exceed 15 years; by multiplying 2½ percent of his average pay by the years of that service. (d) The annuity of an employee retiring under section 8336(c) of this title is 2 percent of his average pay multiplied by his total service. (e) The annuity computed under subsections (a)-(d) of this section may not exceed 80 percent of— (1) the average pay of the employee; or (2) the final basic pay of the Member. (f) The annuity of an employee or Member retiring under section 8337 of this title is at least the smaller of— (1) 40 percent of his average pay; or (2) the sum obtained under subsections (a)-(c) of this section after increasing his service of the type last performed by the period elapsing between the date of separation and the date he becomes 60 years of age. However, this subsection does not increase the annuity of a survivor. (g) The annuity computed under subsections (a)-(c) and (e) of this section for an employee retiring under section 8336 (b) or (d) of this title, or a Member retiring under the second or third sentence of section 8336(f) of this title or the third sentence of section 8338(b) of this title, is reduced by 112 of 1 percent for each full month not in excess of 60 months, and ⅙ of 1 percent for each full month in excess of 60 months, the employee or Member is under 60 years of age at the date of separation. (h) The annuity computed under subsections (a)-(g) of this section is reduced by 10 percent of a deposit described by section 8334 (c) of this title remaining unpaid, unless the employee or Member elects to eliminate the service involved for the purpose of annuity computation. (i) The annuity computed under subsections (a)-(h) of this section (excluding any increase because of retirement under section 8337 of this title) for a married employee or Member retiring under this subchapter, or any portion of that annuity designated in writing for the purpose of section 8341(b) of this title by the employee or Member at the time of retirement, is reduced by 21\2 percent of so much thereof as does not exceed $3,600 and by 10 percent of so much thereof as exceeds $3,600, unless the employee or Member notifies the Civil Service Commission in writing at the time of retirement that he does not desire his spouse to receive an annuity under section 8341(b) of this title. (j) At the time of retiring under section 8336 or 8338 of this title, an unmarried employee or Member who is found to be in good health by the Commission may elect a reduced annuity instead of an annuity computed under subsections (a)-(h) of this section and name in writing an individual having an insurable interest in the employee or Member to receive an annuity under section 8341(c) of this title after 80 Stat. 576the death of the retired employee or Member. The annuity of the employee or Member making the election is reduced by 10 percent, and by 5 percent for each full 5 years the individual named is younger than the retiring employee or Member. However, the total reduction may not exceed 40 percent. (k) The annuity computed under subsections (a)-(j) of this section for an employee who is a citizen of the United States is increased by $36 for each year of service in the employ of— (l) the Alaska Engineering Commission, or The Alaska Rail-road, in Alaska between March 12, 1914, and July 1, 1923; or (m) the Isthmian Canal Commission, or the Panama Railroad Company, on the Isthmus of Panama between May 4, 1904, and April 1, 1914.