5 USC 8313 - Absence from the United States to avoid prosecution

U.S Code last checked for updates: May 10, 2024

§ 8313.

Absence from the United States to avoid prosecution

(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.)

cite as: 5 USC 8313