2013 US Code
Title 5 - Government Organization and Employees
Part III - EMPLOYEES (§§ 2101 - 10210)
Subpart G - Insurance and Annuities (§§ 8101 - 9009)
Chapter 83 - RETIREMENT (§§ 8301 - 8351)
Subchapter II - FORFEITURE OF ANNUITIES AND RETIRED PAY (§§ 8311 - 8322)
Section 8313 - Absence from the United States to avoid prosecution
Publication Title | United States Code, 2012 Edition, Supplement 1, Title 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES PART III - EMPLOYEES Subpart G - Insurance and Annuities CHAPTER 83 - RETIREMENT SUBCHAPTER II - FORFEITURE OF ANNUITIES AND RETIRED PAY Sec. 8313 - Absence from the United States to avoid prosecution |
Contains | section 8313 |
Date | 2013 |
Laws in Effect as of Date | January 16, 2014 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 561. |
Statutes at Large References | 75 Stat. 643 80 Stat. 561 110 Stat. 2550 |
Public Law References | Public Law 87-299, Public Law 89-554, Public Law 104-201 |
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(a) An individual, or his survivor or beneficiary, may not be paid annuity or retired pay on the basis of the service of the individual which is creditable toward the annuity or retired pay, subject to the exceptions in section 8311(2) and (3) of this title, if the individual—
(1) is under indictment, or has outstanding against him charges preferred under the Uniform Code of Military Justice—
(A) after July 31, 1956, for an offense named by section 8312(b) of this title; or
(B) after September 26, 1961, for an offense named by section 8312(c) of this title; and
(2) willfully remains outside the United States, or its territories and possessions including the Commonwealth of Puerto Rico, for more than 1 year with knowledge of the indictment or charges, as the case may be.
(b) The prohibition on payment of annuity or retired pay under subsection (a) of this section applies to the period after the end of the 1-year period and continues until—
(1) a nolle prosequi to the entire indictment is entered on the record or the charges are dismissed by competent authority;
(2) the individual returns and thereafter the indictment or charges is or are dismissed; or
(3) after trial by court or court-martial, the accused is found not guilty of the offense or offenses.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 561.)
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
5 U.S.C. 2283a. | Sept. 26, 1961, Pub. L. 87–299, §1, “Sec. 3”, 75 Stat. 643. |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
REFERENCES IN TEXTThe Uniform Code of Military Justice, referred to in text, is classified to chapter 47 (§801 et seq.) of Title 10, Armed Forces.
SUSPENSION OF PAYMENT OF RETIRED PAY OF MEMBERS WHO ARE ABSENT FROM UNITED STATES TO AVOID PROSECUTIONPub. L. 104–201, div. A, title VI, §633, Sept. 23, 1996, 110 Stat. 2550, provided that:
“(a)
“(b)
“(c)
“(d)
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