# § 2056. Eligibility for annuity
**(a)** **One-out-of-two requirement** A participant must complete, within the last two years before any separation from service (except a separation because of death or disability) at least one year of creditable civilian service during which the participant is subject to this subchapter and in a pay status before the participant or the participant’s survivors are eligible for an annuity under this subchapter based on that separation.
**(b)** **Refund of contributions for time not allowed for credit** If a participant (other than a participant separated from the service because of death or disability) fails to meet the service and pay status requirement of subsection (a), any amounts deducted from the participant’s pay during the period for which no eligibility is established based on the separation shall be returned to the participant on the separation.
**(c)** **Exception** Failure to meet the service and pay status requirement of subsection (a) shall not deprive the participant or the participant’s survivors of any annuity to which they may be entitled under this subchapter based on a previous separation.
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**Source Credit**: (Pub. L. 88–643, title II, § 236, as added Pub. L. 102–496, title VIII, § 802, Oct. 24, 1992, 106 Stat. 3226.)
## Editorial Notes
### Prior Provisions
A prior , as added , , , related to eligibility for annuity and was set out as a note under prior to the general amendment of by .
A prior , title II, formerly § 236, , ; , , ; , , ; , , , renumbered § 237, , , , related to limitation on number of retirements and was set out as a note under prior to the general amendment of by .
## Statutory Notes and Related Subsidiaries
### Effective Date
Section effective on first day of fourth month beginning after , see , set out as a note under .