US (United States) Code. Title 5. Chapter 81: Compensation for work injuries

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Government organization and employees

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-CITE-

5 USC CHAPTER 83 - RETIREMENT 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart G - Insurance and Annuities

CHAPTER 83 - RETIREMENT

.

-HEAD-

CHAPTER 83 - RETIREMENT

-MISC1-

SUBCHAPTER I - GENERAL PROVISIONS

Sec.

8301. Uniform retirement date.

SUBCHAPTER II - FORFEITURE OF ANNUITIES AND RETIRED PAY

8311. Definitions.

8312. Conviction of certain offenses.

8313. Absence from the United States to avoid prosecution.

8314. Refusal to testify.

8315. Falsifying employment applications.

8316. Refund of contributions and deposits.

8317. Repayment of annuity or retired pay properly paid; waiver.

8318. Restoration of annuity or retired pay.

8319. Removal of members of the uniformed services from rolls;

restoration; reappointment.

8320. Offense or violation committed in compliance with orders.

8321. Liability of accountable employees.

8322. Effect on other statutes.

SUBCHAPTER III - CIVIL SERVICE RETIREMENT

8331. Definitions.

8332. Creditable service.

8333. Eligibility for annuity.

8334. Deductions, contributions, and deposits.

8335. Mandatory separation.

8336. Immediate retirement.

8337. Disability retirement.

8338. Deferred retirement.

8339. Computation of annuity.

8340. Cost-of-living adjustment of annuities.

8341. Survivor annuities.

8342. Lump-sum benefits; designation of beneficiary; order of

precedence.

8343. Additional annuities; voluntary contributions.

8343a. Alternative forms of annuities.

8344. Annuities and pay on reemployment.

8345. Payment of benefits; commencement, termination, and waiver of

annuity.

8346. Exemption from legal process; recovery of payments.

8347. Administration; regulations.

8348. Civil Service Retirement and Disability Fund.

8349. Offset relating to certain benefits under the Social Security

Act.

8350. Retirement counseling.

8351. Participation in the Thrift Savings Plan.

AMENDMENTS

1986 - Pub. L. 99-335, title II, Sec. 201(b)(2), 204(b)(1),

205(b), 206(a)(2), June 6, 1986, 100 Stat. 591-594, added items

8343a, 8349, 8350, and 8351.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 3374, 5304, 5362, 8432c,

8468, 8473 of this title; title 2 section 60c-5; title 7 section

7657; title 15 section 4105; title 22 sections 2391, 3649, 3664,

3681, 3951, 4064, 4071c, 4606, 7002; title 24 section 225e; title

25 section 450i; title 26 section 6103; title 28 sections 178, 375,

611, 627, 996; title 31 section 732a; title 37 section 211; title

38 sections 7257, 7438, 7453, 7458; title 39 section 1005; title 42

sections 426, 2996d, 3020e-1, 10704; title 49 section 40122; title

50 sections 403r, 403s, 409a, 2442.

-CITE-

5 USC SUBCHAPTER I - GENERAL PROVISIONS 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart G - Insurance and Annuities

CHAPTER 83 - RETIREMENT

SUBCHAPTER I - GENERAL PROVISIONS

.

-HEAD-

SUBCHAPTER I - GENERAL PROVISIONS

-CITE-

5 USC Sec. 8301 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart G - Insurance and Annuities

CHAPTER 83 - RETIREMENT

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 8301. Uniform retirement date

-STATUTE-

(a) Except as otherwise specifically provided by this title or

other statute, retirement authorized by statute is effective on the

first day of the month following the month in which retirement

would otherwise be effective.

(b) Notwithstanding subsection (a) of this section, the rate of

active or retired pay or allowance is computed as of the date

retirement would have occurred but for subsection (a) of this

section.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 557.)

-MISC1-

Historical and Revision Notes

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Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 47a. Apr. 23, 1930, ch.

209, Sec. 1, 46

Stat. 253.

-------------------------------

In subsection (a), the words ''Except as otherwise specifically

provided by this title or other statute'' are added because of the

statutes carried into subchapter III of chapter 83. The words ''of

Federal personnel of whatever class, civil, military, naval,

judicial, legislative, or otherwise, and for whatever cause

retired'' are omitted as unnecessary. The words ''and said first

day of the month for retirements made after July 1, 1930, shall be

for all purposes in lieu of such date for retirement as was on

April 23, 1930, authorized'' are omitted as executed.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 10 sections 580, 1164, 1210,

1221, 1263, 1305, 1404, 12731.

-CITE-

5 USC SUBCHAPTER II - FORFEITURE OF ANNUITIES AND

RETIRED PAY 01/06/03

-EXPCITE-

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

.

-HEAD-

SUBCHAPTER II - FORFEITURE OF ANNUITIES AND RETIRED PAY

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 8432 of this title.

-CITE-

5 USC Sec. 8311 01/06/03

-EXPCITE-

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

-HEAD-

Sec. 8311. Definitions

-STATUTE-

For the purpose of this subchapter -

(1) ''employee'' means -

(A) an employee as defined by section 2105 of this title:

(B) a Member of Congress as defined by section 2106 of this

title and a Delegate to Congress;

(C) a member or former member of a uniformed service; and

(D) an individual employed by the government of the District

of Columbia;

(2) ''annuity'' means a retirement benefit, including a

disability insurance benefit and a dependent's or survivor's

benefit under subchapter II of chapter 7 of title 42, and a

monthly annuity under section 228b or 228e of title 45, payable

by an agency of the Government of the United States or the

government of the District of Columbia on the basis of service as

a civilian employee and other service which is creditable to an

employee toward the benefit under the statute, regulation, or

agreement which provides the benefit, but does not include -

(A) a benefit provided under statutes administered by the

Department of Veterans Affairs;

(B) pay or compensation which may not be diminished under

section 1 of Article III of the Constitution of the United

States;

(C) that portion of a benefit payable under subchapter II of

chapter 7 of title 42 which would be payable without taking

into account, for any of the purposes of that subchapter,

including determinations of periods of disability under section

416(i) of title 42, pay for services as an employee;

(D) monthly annuity awarded under section 228b or 228e of

title 45 before September 26, 1961, whether or not computed

under section 228c(e) of title 45;

(E) that portion of an annuity awarded under section 228b or

228e of title 45 after September 25, 1961, which would be

payable without taking into account military service creditable

under section 228c-1 of title 45;

(F) a retirement benefit, including a disability insurance

benefit and a dependent's or survivor's benefit under

subchapter II of chapter 7 of title 42, awarded before

September 1, 1954, to an individual or his survivor or

beneficiary, insofar as the individual, before September 1,

1954 -

(i) was convicted of an offense named by subsection (b) of

section 8312 of this title, to the extent provided by that

subsection; or

(ii) violated section 8314 or 8315(a)(1) of this title; or

(G) a retirement benefit, including a disability insurance

benefit and a dependent's or survivor's benefit under

subchapter II of chapter 7 of title 42, awarded before

September 26, 1961, to an individual or his survivor or

beneficiary, insofar as the individual, before September 26,

1961 -

(i) was convicted of an offense named by subsection (c) of

section 8312 of this title, to the extent provided by that

subsection; or

(ii) violated section 8315(a)(2) of this title; and

(3) ''retired pay'' means retired pay, retirement pay, retainer

pay, or equivalent pay, payable under a statute to a member or

former member of a uniformed service, and an annuity payable to

an eligible beneficiary of the member or former member under

chapter 73 of title 10 or section 5 of the Uniformed Services

Contingency Option Act of 1953 (67 Stat. 504), but does not

include -

(A) a benefit provided under statutes administered by the

Department of Veterans Affairs;

(B) retired pay, retirement pay, retainer pay, or equivalent

pay, awarded before September 1, 1954, to an individual,

insofar as the individual, before September 1, 1954 -

(i) was convicted of an offense named by subsection (b) of

section 8312 of this title, to the extent provided by that

subsection; or

(ii) violated section 8314 or 8315(a)(1) of this title;

(C) retired pay, retirement pay, retainer pay, or equivalent

pay, awarded before September 26, 1961, to an individual,

insofar as the individual, before September 26, 1961 -

(i) was convicted of an offense named by subsection (c) of

section 8312 of this title, to the extent provided by that

subsection; or

(ii) violated section 8315(a)(2) of this title; or

(D) an annuity payable to an eligible beneficiary of an

individual under chapter 73 of title 10 or section 5 of the

Uniformed Services Contingency Option Act of 1953 (67 Stat.

504), if the annuity was awarded to the beneficiary, or if

retired pay was awarded to the individual, before September 26,

1961, insofar as the individual, on the basis of whose service

the annuity was awarded, before September 26, 1961 -

(i) was convicted of an offense named by section 8312 of

this title, to the extent provided by that section; or

(ii) violated section 8314 or 8315 of this title.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 557; Pub. L. 102-54, Sec.

13(b)(1), June 13, 1991, 105 Stat. 274.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 2281. Sept. 26, 1961, Pub.

L. 87-299, Sec. 1

''Sec. 10'', 75

Stat. 646.

-------------------------------

The words ''and section 3282 of Title 18'' are omitted as

unnecessary.

In paragraph (1)(A), the words ''an employee as defined by

section 2105 of this title'' are coextensive with and substituted

for ''an officer or employee in or under the legislative,

executive, or judicial branch of the Government of the United

States''.

In paragraph (1)(B), the reference to ''Resident Commissioner''

is omitted as included in ''Member of Congress'' in view of the

definition of ''Member of Congress'' in section 2106.

In paragraph (1)(C), the words ''uniformed service'' are

coextensive with and substituted for ''armed forces, the Coast and

Geodetic Survey, or the Public Health Service'' in view of the

definition of ''uniformed services'' in section 2101.

In paragraph (3), the words ''uniformed service'' are coextensive

with and substituted for ''armed forces, the Coast and Geodetic

Survey, and the Public Health Service'' in view of the definition

of ''uniformed services'' in section 2101.

The definition of ''armed forces'' in former section 2281(4) is

omitted as unnecessary in view of the definition of ''armed

forces'' in section 2101.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

-REFTEXT-

REFERENCES IN TEXT

Subchapter II of chapter 7 of title 42, referred to in par. (2),

is classified to section 401 et seq. of Title 42, The Public Health

and Welfare.

Sections 228b, 228c(e), 228c-1, and 228e of title 45, referred to

in par. (2), are references to sections 2, 3(e), 4, and 5 of the

Railroad Retirement Act of 1937. That Act was amended in its

entirety and completely revised by Pub. L. 93-445, Oct. 16, 1974,

88 Stat. 1305. The Act, as thus amended and revised, was

redesignated the Railroad Retirement Act of 1974, and is classified

to subchapter IV (section 231 et seq.) of chapter 9 of Title 45,

Railroads.

Section 5 of the Uniformed Services Contingency Option Act of

1953 (67 Stat. 504), referred to in text, is covered by section

1438 of Title 10, Armed Forces.

-MISC2-

AMENDMENTS

1991 - Pars. (2)(A), (3)(A). Pub. L. 102-54 substituted

''Department of Veterans Affairs'' for ''Veterans'

Administration''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5531, 8312, 8313, 8314,

8315 of this title.

-CITE-

5 USC Sec. 8312 01/06/03

-EXPCITE-

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

-HEAD-

Sec. 8312. Conviction of certain offenses

-STATUTE-

(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) was convicted, before, on, or after September 1, 1954, of

an offense named by subsection (b) of this section, to the extent

provided by that subsection; or

(2) was convicted, before, on, or after September 26, 1961, of

an offense named by subsection (c) of this section, to the extent

provided by that subsection.

The prohibition on payment of annuity or retired pay applies -

(A) with respect to the offenses named by subsection (b) of

this section, to the period after the date of the conviction or

after September 1, 1954, whichever is later; and

(B) with respect to the offenses named by subsection (c) of

this section, to the period after the date of conviction or after

September 26, 1961, whichever is later.

(b) The following are the offenses to which subsection (a) of

this section applies if the individual was convicted before, on, or

after September 1, 1954:

(1) An offense within the purview of -

(A) section 792 (harboring or concealing persons), 793

(gathering, transmitting, or losing defense information), 794

(gathering or delivering defense information to aid foreign

government), or 798 (disclosure of classified information), of

chapter 37 (relating to espionage and censorship) of title 18;

(B) chapter 105 (relating to sabotage) of title 18;

(C) section 2381 (treason), 2382 (misprision of treason),

2383 (rebellion or insurrection), 2384 (seditious conspiracy),

2385 (advocating overthrow of government), 2387 (activities

affecting armed forces generally), 2388 (activities affecting

armed forces during war), 2389 (recruiting for service against

United States), or 2390 (enlistment to serve against United

States), of chapter 115 (relating to treason, sedition, and

subversive activities) of title 18;

(D) section 10(b)(2), (3), or (4) of the Atomic Energy Act of

1946 (60 Stat. 766, 767), as in effect August 30, 1954;

(E) section 16(a) or (b) of the Atomic Energy Act of 1946 (60

Stat. 773), as in effect before August 30, 1954, insofar as the

offense is committed with intent to injure the United States or

with intent to secure an advantage to a foreign nation; or

(F) an earlier statute on which a statute named by

subparagraph (A), (B), or (C) of this paragraph (1) is based.

(2) An offense within the purview of -

(A) article 104 (aiding the enemy), article 106 (spies), or

article 106a (espionage) of the Uniform Code of Military

Justice (chapter 47 of title 10) or an earlier article on which

article 104 or article 106, as the case may be, is based; or

(B) a current article of the Uniform Code of Military Justice

(or an earlier article on which the current article is based)

not named by subparagraph (A) of this paragraph (2) on the

basis of charges and specifications describing a violation of a

statute named by paragraph (1), (3), or (4) of this subsection,

if the executed sentence includes death, dishonorable

discharge, or dismissal from the service, or if the defendant

dies before execution of that sentence as finally approved.

(3) Perjury committed under the statutes of the United States

or the District of Columbia -

(A) in falsely denying the commission of an act which

constitutes an offense within the purview of -

(i) a statute named by paragraph (1) of this subsection; or

(ii) an article or statute named by paragraph (2) of this

subsection insofar as the offense is within the purview of an

article or statute named by paragraph (1) or (2) (A) of this

subsection;

(B) in falsely testifying before a Federal grand jury, court

of the United States, or court-martial with respect to his

service as an employee in connection with a matter involving or

relating to an interference with or endangerment of, or

involving or relating to a plan or attempt to interfere with or

endanger, the national security or defense of the United

States; or

(C) in falsely testifying before a congressional committee in

connection with a matter under inquiry before the congressional

committee involving or relating to an interference with or

endangerment of, or involving or relating to a plan or attempt

to interfere with or endanger, the national security or defense

of the United States.

(4) Subornation of perjury committed in connection with the

false denial or false testimony of another individual as

specified by paragraph (3) of this subsection.

(c) The following are the offenses to which subsection (a) of

this section applies if the individual was convicted before, on, or

after September 26, 1961:

(1) An offense within the purview of -

(A) section 2272 (violation of specific sections) or 2273

(violation of sections generally of chapter 23 of title 42) of

title 42 insofar as the offense is committed with intent to

injure the United States or with intent to secure an advantage

to a foreign nation;

(B) section 2274 (communication of restricted data), 2275

(receipt of restricted data), or 2276 (tampering with

restricted data) of title 42; or

(C) section 783 (conspiracy and communication or receipt of

classified information) of title 50 or section 601 of the

National Security Act of 1947 (50 U.S.C. 421) (relating to

intelligence identities).

(2) An offense within the purview of a current article of the

Uniform Code of Military Justice (chapter 47 of title 10) or an

earlier article on which the current article is based, as the

case may be, on the basis of charges and specifications

describing a violation of a statute named by paragraph (1), (3),

or (4) of this subsection, if the executed sentence includes

death, dishonorable discharge, or dismissal from the service, or

if the defendant dies before execution of that sentence as

finally approved.

(3) Perjury committed under the statutes of the United States

or the District of Columbia in falsely denying the commission of

an act which constitutes an offense within the purview of a

statute named by paragraph (1) of this subsection.

(4) Subornation of perjury committed in connection with the

false denial of another individual as specified by paragraph (3)

of this subsection.

(d)(1) For purposes of subsections (b)(1) and (c)(1), an offense

within the meaning of such subsections is established if the

Attorney General of the United States certifies to the agency

administering the annuity or retired pay concerned -

(A) that an individual subject to this chapter has been

convicted by an impartial court of appropriate jurisdiction

within a foreign country in circumstances in which the conduct

violates the provisions of law enumerated in subsections (b)(1)

and (c)(1), or would violate such provisions had such conduct

taken place within the United States, and that such conviction is

not being appealed or that final action has been taken on such

appeal;

(B) that such conviction was obtained in accordance with

procedures that provided the defendant due process rights

comparable to such rights provided by the United States

Constitution, and such conviction was based upon evidence which

would have been admissible in the courts of the United States;

and

(C) that such conviction occurred after the date of enactment

of this subsection.

(2) Any certification made pursuant to this subsection shall be

subject to review by the United States Court of Claims based upon

the application of the individual concerned, or his or her

attorney, alleging that any of the conditions set forth in

subparagraphs (FOOTNOTE 1) (A), (B), or (C) of paragraph (1), as

certified by the Attorney General, have not been satisfied in his

or her particular circumstances. Should the court determine that

any of these conditions has not been satisfied in such case, the

court shall order any annuity or retirement benefit to which the

person concerned is entitled to be restored and shall order that

any payments which may have been previously denied or withheld to

be paid by the department or agency concerned.

(FOOTNOTE 1) So in original. Probably should be

''subparagraph''.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 559; Pub. L. 92-128, Sec.

2(b), Sept. 25, 1971, 85 Stat. 348; Pub. L. 99-569, title VI, Sec.

603, Oct. 27, 1986, 100 Stat. 3204; Pub. L. 103-337, div. A, title

VI, Sec. 639(a), Oct. 5, 1994, 108 Stat. 2791; Pub. L. 103-359,

title VIII, Sec. 805, Oct. 14, 1994, 108 Stat. 3441.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 2282. Sept. 26, 1961, Pub.

L. 87-299, Sec. 1

''Sec. 1'', 75

Stat. 640.

-------------------------------

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

-REFTEXT-

REFERENCES IN TEXT

Pars. (2), (3) and (4) of subsec. (b) of section 10 of the Atomic

Energy Act of 1946 (60 Stat. 766, 767), as in effect before August

30, 1954, referred to in subsec. (b)(1)(D), are covered by sections

2274, 2275 and 2276, respectively, of Title 42, The Public Health

and Welfare.

Subsecs. (a) and (b) of section 16 of the Atomic Energy Act of

1946 (60 Stat. 773), as in effect before August 30, 1954, referred

to in subsec. (b)(1)(E), are covered by sections 2272 and 2273,

respectively, of Title 42.

Articles 104, 106, and 106a of the Uniform Code of Military

Justice, referred to in subsec. (b)(2)(A), are sections 904, 906,

and 906a, respectively, of Title 10, Armed Forces. The Uniform Code

of Military Justice, in its entirety, is set out in section 801 et

seq. of Title 10.

The date of enactment of this subsection, referred to in subsec.

(d)(1)(C), is the date of enactment of Pub. L. 103-359, which was

approved Oct. 14, 1994.

-MISC2-

AMENDMENTS

1994 - Subsec. (b)(2)(A). Pub. L. 103-337 substituted '', article

106 (spies), or article 106a (espionage)'' for ''or article 106

(spies)''.

Subsec. (d). Pub. L. 103-359 added subsec. (d).

1986 - Subsec. (c)(1)(C). Pub. L. 99-569 inserted provisions

relating to section 601 of the National Security Act of 1947.

1971 - Subsec. (c)(1)(C). Pub. L. 92-128 struck out '', 822

(conspiracy or evasion of apprehension during internal security

emergency), or 823 (aiding evasion or apprehension during internal

security emergency)'' after ''classified information)''.

EFFECTIVE DATE OF 1994 AMENDMENT

Section 639(b) of Pub. L. 103-337 provided that: ''The amendment

made by subsection (a) (amending this section) shall take effect on

the date of the enactment of this Act (Oct. 5, 1994) and shall

apply to persons convicted of espionage under section 906a of title

10, United States Code (article 106a of the Uniform Code of

Military Justice), on or after the date of the enactment of this

Act.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5569, 8311, 8313, 8315,

8316, 8318, 8320 of this title; title 14 section 424a; title 37

section 559.

-CITE-

5 USC Sec. 8313 01/06/03

-EXPCITE-

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

-HEAD-

Sec. 8313. Absence from the United States to avoid prosecution

-STATUTE-

(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.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 561.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 2283a. Sept. 26, 1961, Pub.

L. 87-299, Sec. 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.

-REFTEXT-

REFERENCES IN TEXT

The Uniform Code of Military Justice, referred to in text, is

classified to chapter 47 (Sec. 801 et seq.) of Title 10, Armed

Forces.

-MISC2-

SUSPENSION OF PAYMENT OF RETIRED PAY OF MEMBERS WHO ARE ABSENT FROM

UNITED STATES TO AVOID PROSECUTION

Pub. L. 104-201, div. A, title VI, Sec. 633, Sept. 23, 1996, 110

Stat. 2550, provided that:

''(a) Development of Procedures for Suspension. - The Secretary

of Defense shall develop uniform procedures under which the

Secretary of a military department may suspend the payment of the

retired pay of a member or former member of the Armed Forces during

periods in which the member willfully remains outside the United

States to avoid criminal prosecution or civil liability. The

procedures shall address the types of criminal offenses and civil

proceedings for which the procedures may be used, including the

offenses specified in section 8312 of title 5, United States Code,

and the manner by which a member, upon the return of the member to

the United States, may obtain retired pay withheld during the

member's absence.

''(b) Report to Congress. - The Secretary of Defense shall submit

to Congress a report describing the procedures developed under

subsection (a). The report shall include recommendations regarding

changes to existing provisions of law (including section 8313 of

title 5, United States Code) that the Secretary determines are

necessary to fully implement the procedures.

''(c) Retired Pay Defined. - For purposes of this section, the

term 'retired pay' means retired pay, retirement pay, retainer pay,

or equivalent pay, payable under a statute to a member or former

member of a uniformed service.

''(d) Effective Date. - The uniform procedures required by

subsection (a) shall be developed not later than 30 days after the

date of the enactment of this Act (Sept. 23, 1996).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 8318 of this title.

-CITE-

5 USC Sec. 8314 01/06/03

-EXPCITE-

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

-HEAD-

Sec. 8314. Refusal to testify

-STATUTE-

(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, before, on, or after September 1, 1954, refused

or refuses, or knowingly and willfully failed or fails, to appear,

testify, or produce a book, paper, record, or other document,

relating to his service as an employee, before a Federal grand

jury, court of the United States, court-martial, or congressional

committee, in a proceeding concerning -

(1) his past or present relationship with a foreign government;

or

(2) a matter involving or relating to an interference with or

endangerment of, or involving or relating to a plan or attempt to

interfere with or endanger, the national security or defense of

the United States.

(b) The prohibition on payment of annuity or retired pay under

subsection (a) of this section applies to the period after the date

of the failure or refusal of the individual, or after September 1,

1954, whichever is later.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 561.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 2283(a). Sept. 26, 1961, Pub.

L. 87-299, Sec. 1

''Sec. 2(a)'', 75

Stat. 642.

-------------------------------

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 8311, 8315, 8316, 8318,

8320 of this title.

-CITE-

5 USC Sec. 8315 01/06/03

-EXPCITE-

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

-HEAD-

Sec. 8315. Falsifying employment applications

-STATUTE-

(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 knowingly and willfully made or makes a false,

fictitious, or fraudulent statement or representation, or knowingly

and willfully concealed or conceals a material fact -

(1) before, on, or after September 1, 1954, concerning his -

(A) past or present membership in, affiliation or association

with, or support of the Communist Party, or a chapter, branch,

or subdivision thereof, in or outside the United States, or

other organization, party, or group advocating -

(i) the overthrow, by force, violence, or other

unconstitutional means, of the Government of the United

States;

(ii) the establishment, by force, violence, or other

unconstitutional means, of a Communist totalitarian

dictatorship in the United States; or

(iii) the right to strike against the United States;

(B) conviction of an offense named by subsection (b) of

section 8312 of this title, to the extent provided by that

subsection; or

(C) failure or refusal to appear, testify, or produce a book,

paper, record, or other document, as specified by section 8314

of this title; or

(2) before, on, or after September 26, 1961, concerning his

conviction of an offense named by subsection (c) of section 8312

of this title, to the extent provided by that subsection;

in a document executed by the individual in connection with his

employment in, or application for, a civilian or military office or

position in or under the legislative, executive, or judicial branch

of the Government of the United States or the government of the

District of Columbia.

(b) The prohibition on the payment of annuity or retired pay

applies -

(1) with respect to matters specified by subsection (a)(1) of

this section, to the period after the statement, representation,

or concealment of fact is made or occurs, or after September 1,

1954, whichever is later; and

(2) with respect to matters specified by subsection (a)(2) of

this section, to the period after the statement, representation,

or concealment of fact is made or occurs, or after September 26,

1961, whichever is later.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 562.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 2283(b), Sept. 26, 1961, Pub.

(c). L. 87-299, Sec. 1

''Sec. 2(b), (c)'',

75 Stat. 642.

-------------------------------

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 8311, 8316, 8318, 8320 of

this title.

-CITE-

5 USC Sec. 8316 01/06/03

-EXPCITE-

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

-HEAD-

Sec. 8316. Refund of contributions and deposits

-STATUTE-

(a) When payment of annuity or retired pay is denied under this

subchapter because an individual was convicted of an offense named

by section 8312 of this title, to the extent provided by that

section, or violated section 8314 or 8315 of this title -

(1) the amount, except employment taxes, contributed by the

individual toward the annuity, less the amount previously

refunded or paid as annuity benefits; and

(2) deposits made under section 1438 of title 10 or section 5

of the Uniformed Services Contingency Option Act of 1953 (67

Stat. 504) to provide the eligible beneficiary with annuity for

any period, less the amount previously paid as retired pay

benefits;

shall be refunded, on appropriate application therefor -

(A) to the individual;

(B) if the individual is dead, to the beneficiary designated to

receive refunds by or under the statute, regulation, or agreement

under which the annuity, the benefits of which are denied under

this subchapter, would have been payable; or

(C) if a beneficiary is not designated, in the order of

precedence prescribed by section 8342(c) of this title or section

2771 of title 10, as the case may be.

(b) A refund under subsection (a) of this section shall be made

with interest at the rate and for the period provided under the

statute, regulation, or agreement under which the annuity would

have been payable. However, interest may not be computed -

(1) if the individual was convicted of an offense named by

section 8312(b) of this title, or violated section 8314 or

8315(a)(1) of this title, for the period after the conviction or

commission of the violation, or after September 1, 1954,

whichever is later; or

(2) if the individual was convicted of an offense named by

section 8312(c) of this title, or violated section 8315(a)(2) of

this title, for the period after the conviction or commission of

the violation, or after September 26, 1961, whichever is later.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 563.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 2284(a), Sept. 26, 1961, Pub.

(b). L. 87-299, Sec. 1

''Sec. 4(a), (b)'',

75 Stat. 644.

5 U.S.C. 2284a(b). Sept. 26, 1961, Pub.

L. 87-299, Sec. 1

''Sec. 5(b)'', 75

Stat. 645.

-------------------------------

This section is reorganized for clarity and conciseness.

The words ''and section 3282 of Title 18'' in former section

2284(a) are omitted as unnecessary.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

-REFTEXT-

REFERENCES IN TEXT

Section 5 of the Uniform Services Contingency Option Act of 1953

(67 Stat. 504), referred to in text, is covered by section 1438 of

Title 10, Armed Forces.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 8318 of this title.

-CITE-

5 USC Sec. 8317 01/06/03

-EXPCITE-

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

-HEAD-

Sec. 8317. Repayment of annuity or retired pay properly paid;

waiver

-STATUTE-

(a) An individual, or his survivor or beneficiary, to whom

payment of annuity is denied under this subchapter is not

thereafter required to repay that part of the annuity otherwise

properly paid to the individual, or to his survivor or beneficiary

on the basis of the service of the individual, which is in excess

of the aggregate amount of the contributions of the individual

toward the annuity, with applicable interest.

(b) An individual, including an eligible beneficiary under

chapter 73 of title 10 or section 5 of the Uniformed Services

Contingency Option Act of 1953 (67 Stat. 504), to whom payment of

retired pay is denied under this subchapter is not thereafter

required to repay retired pay otherwise properly paid to the

individual or beneficiary which is paid in violation of this

subchapter.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 563.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

(a) 5 U.S.C. 2284(c), Sept. 26, 1961, Pub.

(d). L. 87-299, Sec. 1

''Sec. 4(c), (d)'',

75 Stat. 644.

(b) 5 U.S.C. 2284a(a). Sept. 26, 1961, Pub.

L. 87-299, Sec. 1

''Sec. 5(a)'', 75

Stat. 645.

-------------------------------

The words ''and section 3282 of Title 18'' are omitted as

unnecessary.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

-REFTEXT-

REFERENCES IN TEXT

Section 5 of the Uniformed Services Contingency Option Act of

1953 (67 Stat. 504), referred to in text, is covered by section

1438 of Table 10, Armed Forces.

-CITE-

5 USC Sec. 8318 01/06/03

-EXPCITE-

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

-HEAD-

Sec. 8318. Restoration of annuity or retired pay

-STATUTE-

(a) If an individual who was convicted, before, on, or after

September 1, 1954, of -

(1) an offense named by section 8312 of this title; or

(2) an offense constituting a violation of section 8314 or 8315

of this title;

is pardoned by the President, the right of the individual and his

survivor or beneficiary to receive annuity or retired pay

previously denied under this subchapter is restored as of the date

of the pardon.

(b) The President may restore, effective as of the date he

prescribes, the right to receive annuity or retired pay which is

denied, before, on, or after September 1, 1954, under section 8314

or 8315 of this title, to the individual and to his survivor or

beneficiary.

(c) Payment of annuity or retired pay which results from pardon

or restoration by the President under subsection (a) or (b) of this

section may not be made for a period before -

(1) the date of pardon referred to by subsection (a) of this

section; or

(2) the effective date of restoration referred to by subsection

(b) of this section.

(d) Credit for a period of service covered by a refund under

section 8316 of this title is allowed only after the amount

refunded has been redeposited.

(e) The spouse of an individual whose annuity or retired pay is

forfeited under section 8312 or 8313 after the date of enactment of

this subsection shall be eligible for spousal pension benefits if

the Attorney General of the United States determines that the

spouse fully cooperated with Federal authorities in the conduct of

a criminal investigation and subsequent prosecution of the

individual which resulted in such forfeiture.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 563; Pub. L. 104-93, title

III, Sec. 305, Jan. 6, 1996, 109 Stat. 965.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 2285(a), Sept. 26, 1961, Pub.

(b). L. 87-299, Sec. 1

''Sec. 6(a), (b)'',

75 Stat. 645.

-------------------------------

The section is reorganized for clarity and conciseness.

The words ''and section 3282 of Title 18'' are omitted as

unnecessary.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

-REFTEXT-

REFERENCES IN TEXT

The date of enactment of this subsection, referred to in subsec.

(e), is the date of enactment of Pub. L. 104-93, which was approved

Jan. 6, 1996.

-MISC2-

AMENDMENTS

1996 - Subsec. (e). Pub. L. 104-93 added subsec. (e).

-CITE-

5 USC Sec. 8319 01/06/03

-EXPCITE-

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

-HEAD-

Sec. 8319. Removal of members of the uniformed services from rolls;

restoration; reappointment

-STATUTE-

(a) The President may drop from the rolls a member of a uniformed

service who is deprived of retired pay under this subchapter.

(b) The President may restore -

(1) military status to an individual dropped from the rolls to

whom retired pay is restored under this subchapter or under

section 2 of the Act of September 26, 1961 (75 Stat. 648); and

(2) all rights and privileges to the individual and his

beneficiaries of which he or they were deprived because his name

was dropped from the rolls.

(c) If the individual restored was a commissioned officer, the

President alone may reappoint him to the grade and position on the

retired list held when his name was dropped from the rolls.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 564.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 2287. Sept. 26, 1961, Pub.

L. 87-299, Sec. 1

''Sec. 8'', 75

Stat. 646.

-------------------------------

The words ''and section 3282 of Title 18'' are omitted as

unnecessary.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

-REFTEXT-

REFERENCES IN TEXT

Section 2 of the Act of September 26, 1961 (75 Stat. 648),

referred to in subsec. (b)(1), is set out as a note under section

8318 of this title.

-CITE-

5 USC Sec. 8320 01/06/03

-EXPCITE-

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

-HEAD-

Sec. 8320. Offense or violation committed in compliance with orders

-STATUTE-

When it is established by satisfactory evidence that an

individual -

(1) was convicted of an offense named by section 8312 of this

title; or

(2) violated section 8314 or 8315 of this title; as a result of

proper compliance with orders issued, in a confidential

relationship, by an agency or other authority of the Government

of the United States or the government of the District of

Columbia, the right to receive annuity or retired pay may not be

denied.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 564.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 2285(c). Sept. 26, 1961, Pub.

L. 87-299, Sec. 1

''Sec. 6(c)'', 75

Stat. 645.

-------------------------------

The reference to conviction of an offense which constitutes a

violation of former section 2283 (which is carried into this title

as sections 8314 and 8315) is omitted as being covered by the words

''violated section 8314 or 8315 of this title'' which are added on

authority of the words ''conviction or violation'' in former

section 2285(c).

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

-CITE-

5 USC Sec. 8321 01/06/03

-EXPCITE-

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

-HEAD-

Sec. 8321. Liability of accountable employees

-STATUTE-

An accountable employee may not be held responsible for a payment

made in violation of this subchapter when the payment made is in

due course and without fraud, collusion, or gross negligence.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 564.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 2286. Sept. 26, 1961, Pub.

L. 87-299, Sec. 1

''Sec. 7'', 75

Stat. 645.

-------------------------------

The words ''and section 3282 of Title 18'' are omitted as

unnecessary.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

-CITE-

5 USC Sec. 8322 01/06/03

-EXPCITE-

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

-HEAD-

Sec. 8322. Effect on other statutes

-STATUTE-

This subchapter does not restrict authority under a statute,

other than this subchapter, to deny or withhold benefits authorized

by statute.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 564.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 2288. Sept. 26, 1961, Pub.

L. 87-299, Sec. 1

''Sec. 9'', 75

Stat. 646.

-------------------------------

The words ''and section 3282 of Title 18'' are omitted as

unnecessary.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

RETROACTIVE RESTORATION OF ANNUITY AND RETIRED PAY; REDEPOSITS OF

CONTRIBUTIONS AND OFFSETS

Section 2 of Pub. L. 87-299, Sept. 26, 1961, 75 Stat. 648,

provided that:

''(a) Subject to subsection (b) of this section, any person,

including his survivor or beneficiary, to whom annuity or retired

pay is not payable under the Act of September 1, 1954 (this

subchapter), as in effect at any time prior to the date of

enactment of this Act (Sept. 26, 1961), by reason of any conviction

of an offense, any commission of a violation, any refusal to

answer, or any absence under indictment, or under charges, for any

offense, shall be restored the right to receive such annuity or

retired pay for any and all periods for which he would have had the

right to receive such annuity or retired pay if the Act of

September 1, 1954 (this subchapter), had not been enacted, unless,

under the amendment made by the first section of this Act (amending

former chapter 31 of this title, now this subchapter, and section

3282 of Title 18, Crimes and Criminal Procedure), such annuity or

retired pay remains nonpayable to such person, including his

survivor or beneficiary.

''(b) No annuity accrued or accruing, prior to, on, or after the

date of enactment of this Act (Sept. 26, 1961), on account of the

restoration, by reason of the amendment made by the first section

of this Act (amending former chapter 31 of this title, now this

subchapter, and section 3282 of Title 18) and by reason of

subsection (a) of this section, of the right to receive such

annuity, shall be paid until any sum refunded under section 3 of

the Act of September 1, 1954 (former section 2284 of this title,

now section 8316 of this title, prior to amendment Sept. 26, 1961),

as in effect prior to the date of enactment of such amendment

(Sept. 26, 1961), is deposited or is collected by offset against

the annuity.''

-CITE-

5 USC SUBCHAPTER III - CIVIL SERVICE RETIREMENT 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart G - Insurance and Annuities

CHAPTER 83 - RETIREMENT

SUBCHAPTER III - CIVIL SERVICE RETIREMENT

.

-HEAD-

SUBCHAPTER III - CIVIL SERVICE RETIREMENT

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 3329, 3373, 3374,

3521, 5541, 5581, 5595, 5597, 5724, 6303, 8103, 8116, 8402, 8411,

8431, 8442, 8443, 8462, 8501, 8901, 9001 of this title; title 2

sections 31b-5, 60e-3, 72a, 130a; title 7 section 331; title 10

sections 942, 945, 1450, 1452, 2467; title 12 section 1723a; title

16 section 1168; title 20 sections 125, 4416; title 22 sections

2025, 3658, 3673, 3682, 3968, 3970, 4045, 4067, 4069, 4071b, 4071c,

4071d, 4071i; title 26 section 3121; title 28 sections 155, 178,

332, 364, 376, 377, 611, 625, 627, 634, 636, 753, 797; title 31

section 772; title 38 sections 7426, 7802; title 40 sections 6111,

6112; title 42 sections 212, 410, 415, 417, 1395s, 4276, 7237;

title 45 section 1206; title 49 section 49107; title 50 sections

403r, 403s, 409a, 2082, 2141, 2151, 2154, 2442; title 50 App.

section 1291.

-CITE-

5 USC Sec. 8331 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart G - Insurance and Annuities

CHAPTER 83 - RETIREMENT

SUBCHAPTER III - CIVIL SERVICE RETIREMENT

-HEAD-

Sec. 8331. Definitions

-STATUTE-

For the purpose of this subchapter -

(1) ''employee'' means -

(A) an employee as defined by section 2105 of this title;

(B) the Architect of the Capitol, an employee of the

Architect of the Capitol, and an employee of the Botanic

Garden;

(C) a Congressional employee as defined by section 2107 of

this title (other than the Architect of the Capitol, an

employee of the Architect of the Capitol, and an employee of

the Botanic Garden), after he gives notice in writing to the

official by whom he is paid of his desire to become subject to

this subchapter;

(D) a temporary Congressional employee appointed at an annual

rate of pay, after he gives notice in writing to the official

by whom he is paid of his desire to become subject to this

subchapter;

(E) a United States Commissioner whose total pay for services

performed as Commissioner is not less than $3,000 in each of

the last 3 consecutive calendar years ending after December 31,

1954;

(F) an individual employed by a county committee established

under section 590h(b) of title 16;

(G) an individual first employed by the government of the

District of Columbia before October 1, 1987;

(H) an individual employed by Gallaudet College;

(I) an individual appointed to a position on the office staff

of a former President under section 1(b) of the Act of August

25, 1958 (72 Stat. 838);

(J) an alien (i) who was previously employed by the

Government, (ii) who is employed full time by a foreign

government for the purpose of protecting or furthering the

interests of the United States during an interruption of

diplomatic or consular relations, and (iii) for whose services

reimbursement is made to the foreign government by the United

States;

(K) an individual appointed to a position on the office staff

of a former President, or a former Vice President under section

4 of the Presidential Transition Act of 1963, as amended (78

Stat. 153), who immediately before the date of such appointment

was an employee as defined under any other subparagraph of this

paragraph; and

(L) an employee described in section 2105(c) who has made an

election under section 8347(q)(1) to remain covered under this

subchapter;

but does not include -

(i) a justice or judge of the United States as defined by

section 451 of title 28;

(ii) an employee subject to another retirement system for

Government employees (besides any employee excluded by clause

(x), but including any employee who has made an election under

section 8347(q)(2) to remain covered by a retirement system

established for employees described in section 2105(c));

(iii) an employee or group of employees in or under an

Executive agency excluded by the Office of Personnel Management

under section 8347(g) of this title;

(iv) an individual or group of individuals employed by the

government of the District of Columbia excluded by the Office

under section 8347(h) of this title;

(v) an employee of the Administrative Office of the United

States Courts, the Federal Judicial Center, or a court named by

section 610 of title 28, excluded by the Director of the

Administrative Office under section 8347(o) of this title;

(vi) a construction employee or other temporary, part-time,

or intermittent employee of the Tennessee Valley Authority;

(vii) an employee under the Office of the Architect of the

Capitol excluded by the Architect of the Capitol under section

8347(i) of this title;

(viii) an employee under the Library of Congress excluded by

the Librarian of Congress under section 8347(j) of this title;

(ix) a student-employee as defined by section 5351 of this

title;

(x) an employee subject to the Federal Employees' Retirement

System;

(xi) an employee under the Botanic Garden excluded by the

Director or Acting Director of the Botanic Garden under section

8347(l) of this title; or

(xii) a member of the Foreign Service (as described in

section 103(6) of the Foreign Service Act of 1980), appointed

after December 31, 1987.

Notwithstanding this paragraph, the employment of a teacher in

the recess period between two school years in a position other

than a teaching position in which he served immediately before

the recess period does not qualify the individual as an employee

for the purpose of this subchapter. For the purpose of the

preceding sentence, ''teacher'' and ''teaching position'' have

the meanings given them by section 901 of title 20;

(2) ''Member'' means a Member of Congress as defined by section

2106 of this title, after he gives notice in writing to the

official by whom he is paid of his desire to become subject to

this subchapter, but does not include any such Member of Congress

who is subject to the Federal Employees' Retirement System or who

makes an election under section 8401(20) of this title not to be

subject to such System;

(3) ''basic pay'' includes -

(A) the amount a Member received from April 1, 1954, to

February 28, 1955, as expense allowance under section 601(b) of

the Legislative Reorganization Act of 1946 (60 Stat. 850), as

amended; and that amount from January 3, 1953, to March 31,

1954, if deposit is made therefor as provided by section 8334

of this title;

(B) additional pay provided by -

(i) subsection (a) of section 60e-7 of title 2 and the

provisions of law referred to by that subsection; and

(ii) sections 60e-8, 60e-9, 60e-10, 60e-11, 60e-12, 60e-13,

and 60e-14 of title 2;

(C) premium pay under section 5545(c)(1) of this title;

(D) with respect to a law enforcement officer, premium pay

under section 5545(c)(2) of this title;

(E) availability pay -

(i) received by a criminal investigator under section 5545a

of this title; or

(ii) received after September 11, 2001, by a Federal air

marshal of the Department of Transportation, subject to all

restrictions and earning limitations imposed on criminal

investigators under section 5545a;

(F) pay as provided in section 5545b(b)(2) and (c)(2);

(G) with respect to a customs officer (referred to in

subsection (e)(1) of section 5 of the Act of February 13,

1911), compensation for overtime inspectional services provided

for under subsection (a) of such section 5, but not to exceed

50 percent of any statutory maximum in overtime pay for customs

officers which is in effect for the year involved; and

(H) any amount received under section 5948 (relating to

physicians comparability allowances);

but does not include bonuses, allowances, overtime pay, military

pay, pay given in addition to the base pay of the position as

fixed by law or regulation except as provided by subparagraphs

(B) through (H) of this paragraph (FOOTNOTE 1) retroactive pay

under section 5344 of this title in the case of a retired or

deceased employee, uniform allowances under section 5901 of this

title, or lump-sum leave payments under subchapter VI of chapter

55 of this title. For an employee paid on a fee basis, the

maximum amount of basic pay which may be used is $10,000;

(FOOTNOTE 1) So in original. Probably should be followed by a

comma.

(4) ''average pay'' means the largest annual rate resulting

from averaging an employee's or Member's rates of basic pay in

effect over any 3 consecutive years of creditable service or, in

the case of an annuity under subsection (d) or (e)(1) of section

8341 of this title based on service of less than 3 years, over

the total service, with each rate weighted by the time it was in

effect;

(5) ''Fund'' means the Civil Service Retirement and Disability

Fund;

((6) Repealed. Pub. L. 96-499, title IV, Sec. 403(b), Dec. 5,

1980, 94 Stat. 2606)

(7) ''Government'' means the Government of the United States,

the government of the District of Columbia, Gallaudet University,

and, in the case of an employee described in paragraph (1)(L), a

nonappropriated fund instrumentality of the Department of Defense

or the Coast Guard described in section 2105(c);

(8) ''lump-sum credit'' means the unrefunded amount consisting

of -

(A) retirement deductions made from the basic pay of an

employee or Member;

(B) amounts deposited by an employee or Member covering

earlier service, including any amounts deposited under section

8334(j) of this title; and

(C) interest on the deductions and deposits at 4 percent a

year to December 31, 1947, and 3 percent a year thereafter

compounded annually to December 31, 1956, or, in the case of an

employee or Member separated or transferred to a position in

which he does not continue subject to this subchapter before he

has completed 5 years of civilian service, to the date of the

separation or transfer;

but does not include interest -

(i) if the service covered thereby aggregates 1 year or less;

or

(ii) for the fractional part of a month in the total service;

(9) ''annuitant'' means a former employee or Member who, on the

basis of his service, meets all requirements of this subchapter

for title to annuity and files claim therefor;

(10) ''survivor'' means an individual entitled to annuity under

this subchapter based on the service of a deceased employee,

Member, or annuitant;

(11) ''survivor annuitant'' means a survivor who files claim

for annuity;

(12) ''service'' means employment creditable under section 8332

of this title;

(13) ''military service'' means honorable active service -

(A) in the armed forces;

(B) in the Regular or Reserve Corps of the Public Health

Service after June 30, 1960; or

(C) as a commissioned officer of the Environmental Science

Services Administration after June 30, 1961;

but does not include service in the National Guard except when

ordered to active duty in the service of the United States or

full-time National Guard duty (as such term is defined in section

101(d) of title 10) if such service interrupts creditable

civilian service under this subchapter and is followed by

reemployment in accordance with chapter 43 of title 38 that

occurs on or after August 1, 1990;

(14) ''Member service'' means service as a Member and includes

the period from the date of the beginning of the term for which

elected or appointed to the date on which he takes office as a

Member;

(15) ''price index'' means the Consumer Price Index (all items

- United States city average) published monthly by the Bureau of

Labor Statistics;

(16) ''base month'' means the month for which the price index

showed a percent rise forming the basis for a cost-of-living

annuity increase;

(17) ''normal cost'' means the entry-age normal cost computed

by the Office of Personnel Management in accordance with

generally accepted actuarial practice and expressed as a level

percentage of aggregate basic pay;

(18) ''Fund balance'' means the sum of -

(A) the investments of the Fund calculated at par value; and

(B) the cash balance of the Fund on the books of the

Treasury;

but does not include any amount attributable to -

(i) the Federal Employees' Retirement System; or

(ii) contributions made under the Federal Employees'

Retirement Contribution Temporary Adjustment Act of 1983 by or

on behalf of any individual who became subject to the Federal

Employees' Retirement System;

(19) ''unfunded liability'' means the estimated excess of the

present value of all benefits payable from the Fund to employees

and Members, and former employees and Members, subject to this

subchapter, and to their survivors, over the sum of -

(A) the present value of deductions to be withheld from the

future basic pay of employees and Members currently subject to

this subchapter and of future agency contributions to be made

in their behalf; plus

(B) the present value of Government payments to the Fund

under section 8348(f) of this title; plus

(C) the Fund balance as of the date the unfunded liability is

determined;

(20) ''law enforcement officer'' means an employee, the duties

of whose position are primarily the investigation, apprehension,

or detention of individuals suspected or convicted of offenses

against the criminal laws of the United States, including an

employee engaged in this activity who is transferred to a

supervisory or administrative position. For the purpose of this

paragraph, ''detention'' includes the duties of -

(A) employees of the Bureau of Prisons and Federal Prison

Industries, Incorporated;

(B) employees of the Public Health Service assigned to the

field service of the Bureau of Prisons or of the Federal Prison

Industries, Incorporated;

(C) employees in the field service at Army or Navy

disciplinary barracks or at confinement and rehabilitation

facilities operated by any of the armed forces; and

(D) employees of the Department of Corrections of the

District of Columbia, its industries and utilities;

whose duties in connection with individuals in detention

suspected or convicted of offenses against the criminal laws of

the United States or of the District of Columbia or offenses

against the punitive articles of the Uniformed Code of Military

Justice (chapter 47 of title 10) require frequent (as determined

by the appropriate administrative authority with the concurrence

of the Office) direct contact with these individuals in their

detention, direction, supervision, inspection, training,

employment, care, transportation, or rehabilitation;

(21) ''firefighter'' means an employee, the duties of whose

position are primarily to perform work directly connected with

the control and extinguishment of fires or the maintenance and

use of firefighting apparatus and equipment, including an

employee engaged in this activity who is transferred to a

supervisory or administrative position;

(22) ''bankruptcy judge'' means an individual -

(A) who is appointed under section 34 of the Bankruptcy Act

(11 U.S.C. 62) or under section 404(d) of the Act of November

6, 1978 (Public Law 95-598; 92 Stat. 2549), and -

(i) who is serving as a United States bankruptcy judge on

March 31, 1984; or

(ii) whose service as a United States bankruptcy judge at

any time in the period beginning on October 1, 1979, and

ending on July 10, 1984, is terminated by reason of death or

disability; or

(B) who is appointed as a bankruptcy judge under section 152

of title 28;

(23) ''former spouse'' means a former spouse of an individual -

(A) if such individual performed at least 18 months of

civilian service covered under this subchapter as an employee

or Member, and

(B) if the former spouse was married to such individual for

at least 9 months;

(24) ''Indian court'' means an Indian court as defined by

section 201(3) of the Act entitled ''An Act to prescribe

penalties for certain acts of violence or intimidation, and for

other purposes'', approved April 11, 1968 (25 U.S.C. 1301(3); 82

Stat. 77);

(25) ''magistrate judge'' or ''United States magistrate judge''

means an individual appointed under section 631 of title 28;

(26) ''Court of Federal Claims judge'' means a judge of the

United States Court of Federal Claims who is appointed under

chapter 7 of title 28 or who has served under section 167 of the

Federal Courts Improvement Act of 1982;

(27) ''Nuclear materials courier'' -

(A) means an employee of the Department of Energy, the duties

of whose position are primarily to transport, and provide armed

escort and protection during transit of, nuclear weapons,

nuclear weapon components, strategic quantities of special

nuclear materials or other materials related to national

security; and

(B) includes an employee who is transferred directly to a

supervisory or administrative position within the same

Department of Energy organization, after performing duties

referred to in subparagraph (A) for at least 3 years; and

(28) ''Government physician'' has the meaning given that term

under section 5948.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 564; Pub. L. 89-737, Sec.

1(2), Nov. 2, 1966, 80 Stat. 1164; Pub. L. 90-83, Sec. 1(72), Sept.

11, 1967, 81 Stat. 213; Pub. L. 90-623, Sec. 1(21), Oct. 22, 1968,

82 Stat. 1313; Pub. L. 91-93, title I, Sec. 101, title II, Sec.

201(a), Oct. 20, 1969, 83 Stat. 136, 138; Pub. L. 92-352, title I,

Sec. 105(a), July 13, 1972, 86 Stat. 490; Pub. L. 93-350, Sec. 2,

July 12, 1974, 88 Stat. 355; Pub. L. 94-183, Sec. 2(38), Dec. 31,

1975, 89 Stat. 1058; Pub. L. 95-454, title IX, Sec. 906(a)(2), (3),

Oct. 13, 1978, 92 Stat. 1224; Pub. L. 95-598, title III, Sec.

338(e), Nov. 6, 1978, 92 Stat. 2681; Pub. L. 96-54, Sec. 2(a)(47),

Aug. 14, 1979, 93 Stat. 384; Pub. L. 96-499, title IV, Sec. 403(b),

Dec. 5, 1980, 94 Stat. 2606; Pub. L. 97-253, title III, Sec.

306(a), Sept. 8, 1982, 96 Stat. 795; Pub. L. 98-249, Sec. 3(b),

Mar. 31, 1984, 98 Stat. 117; Pub. L. 98-271, Sec. 3(b), Apr. 30,

1984, 98 Stat. 163; Pub. L. 98-299, Sec. 3(b), May 25, 1984, 98

Stat. 214; Pub. L. 98-325, Sec. 3(b), June 20, 1984, 98 Stat. 268;

Pub. L. 98-353, title I, Sec. 116(a), 121(g), July 10, 1984, 98

Stat. 343, 346; Pub. L. 98-531, Sec. 2(a), Oct. 19, 1984, 98 Stat.

2704; Pub. L. 98-615, Sec. 2(1), Nov. 8, 1984, 98 Stat. 3195; Pub.

L. 99-335, title II, Sec. 202, 207(f), June 6, 1986, 100 Stat. 591,

595; Pub. L. 100-53, Sec. 2(a), June 18, 1987, 101 Stat. 367; Pub.

L. 100-238, title I, Sec. 112, 123, Jan. 8, 1988, 101 Stat. 1750,

1754; Pub. L. 100-679, Sec. 13(a)(1), Nov. 17, 1988, 102 Stat.

4071; Pub. L. 101-474, Sec. 5(m), Oct. 30, 1990, 104 Stat. 1100;

Pub. L. 101-508, title VII, Sec. 7202(j)(1), Nov. 5, 1990, 104

Stat. 1388-337; Pub. L. 101-650, title III, Sec. 306(c)(1), 321,

Dec. 1, 1990, 104 Stat. 5110, 5117; Pub. L. 102-378, Sec. 2(57),

Oct. 2, 1992, 106 Stat. 1354; Pub. L. 102-572, title IX, Sec.

902(b), Oct. 29, 1992, 106 Stat. 4516; Pub. L. 103-66, title XIII,

Sec. 13812(a), Aug. 10, 1993, 107 Stat. 670; Pub. L. 103-353, Sec.

5(a), Oct. 13, 1994, 108 Stat. 3173; Pub. L. 105-261, div. C,

title XXXI, Sec. 3154(b), Oct. 17, 1998, 112 Stat. 2254; Pub. L.

105-277, div. A, Sec. 101(h) (title VI, Sec. 628(d)), Oct. 21,

1998, 112 Stat. 2681-480, 2681-521; Pub. L. 106-571, Sec. 3(a),

(b)(2), Dec. 28, 2000, 114 Stat. 3054, 3055; Pub. L. 107-71, title

I, Sec. 105(c), Nov. 19, 2001, 115 Stat. 607.)

-MISC1-

Historical and Revision Notes

1966 Act

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 2251 (less July 31, 1956, ch.

(h)-(j)). 804, Sec. 401

''Sec. 1 (less (h)-

(j))'', 70 Stat.

743.

Apr. 8, 1960, Pub.

L. 86-415, Sec.

6(c), 74 Stat. 35.

July 7, 1960, Pub.

L. 86-604, Sec.

1(a), 74 Stat. 358.

Sept. 14, 1961, Pub.

L. 87-233, Sec. 2,

75 Stat. 507.

Oct. 11, 1962, Pub.

L. 87-793, Sec.

1102(a), 76 Stat.

869.

Feb. 7, 1964, Pub.

L. 88-267, Sec.

1(a), 78 Stat. 8.

5 U.S.C. 2252 (less July 31, 1956, ch.

(e), (f) (words 804, Sec. 401

after semicolon), ''Sec. 2 (less (e),

(g) (2d sentence), (f) (words after

(h) (words after semicolon), (g) (2d

colon)). sentence))'', 70

Stat. 745. July 1,

1960, Pub. L. 86-

568, Sec. 115(b)(1)

''(h) (less words

after colon)'', 74

Stat. 302.

Feb. 7, 1964, Pub.

L. 88-267, Sec.

1(b), (c), 78 Stat.

9.

5 U.S.C. 1054 (1st Aug. 4, 1947, ch.

27 words). 452, Sec. 5 (1st 27

words), 61 Stat.

728.

(Uncodified). Aug. 25, 1958, Pub.

L. 85-745, Sec.

1(b) (last

sentence, as

applicable to the

Civil Service

Retirement Act), 72

Stat. 838.

5 U.S.C. 2358(c) (as July 17, 1959, Pub.

applicable to the L. 86-91, Sec.

Civil Service 10(c) (as

Retirement Act). applicable to the

Civil Service

Retirement Act), 73

Stat. 217.

5 U.S.C. 932c(d). June 28, 1955, ch.

189, Sec. 4(i), 69

Stat. 178.

5 U.S.C. 932d(d). June 20, 1958, Pub.

L. 85-462, Sec.

4(g), 72 Stat. 208.

5 U.S.C. 932e(f). July 1, 1960, Pub.

L. 86-568, Sec.

117(i), 74 Stat.

304.

5 U.S.C. 932f(e). Oct. 11, 1962, Pub.

L. 87-793, Sec.

1005(h), 76 Stat.

867.

5 U.S.C. 932g(d). Aug. 14, 1964, Pub.

L. 88-426, Sec.

202(d), 78 Stat.

413.

5 U.S.C. 1182(b). Sept. 2, 1958, Pub.

L. 85-872, Sec.

2(b), 72 Stat.

1696.

5 U.S.C. 2132 (as Sept. 1, 1954, ch.

applicable to the 1208, Sec. 403 (as

Civil Service applicable to the

Retirement Act, as Civil Service

amended). Retirement Act, as

amended), 68 Stat.

1115.

-------------------------------

In paragraph (1), the specific exception of the President,

appearing in former section 2252(b), is omitted as unnecessary

because he is not included in the definition of ''employee''.

In paragraph (1)(B), the definition of ''Congressional employee''

in former section 2251(c) is omitted as unnecessary in view of the

definition of the term in section 2107.

In paragraph (1)(E), the words ''Notwithstanding any other

provision of law or any Executive order'' are omitted as

unnecessary.

In paragraph (1)(i), the words ''justice or'' are added on

authority of section 371 and 372 of title 28.

Paragraph (1)(iii) and (iv) is based on former section 2252(e),

which is carried into section 8347(g) and (h).

Paragraph (1)(vii) and (viii) is based on former section 2252(f),

which is carried in part into section 8347(i) and (j).

In paragraph (1), the last sentence is added on authority of

former section 2351, which is scheduled for transfer to section 901

of title 20.

In paragraph (3), the words ''or lump-sum leave payments under

subchapter VI of chapter 55 of this title'' are added on authority

of former section 61b (6th sentence), which is carried into section

5551.

In paragraph (4)(B), references to sections 60e-7, 60e-8, 60e-9,

60e-10, and 60e-11 of title 2 are substituted for the words ''this

section'', appearing in former sections 932c(d), 932d(d), 932e(f),

932f(e), and 932g(d), to reflect the scheduled transfer of those

sections to title 2.

In paragraph (5), the words ''the Civil Service Retirement and

Disability Fund'' are substituted for ''the civil service

retirement and disability fund created by the Act of May 22,

1920''.

In paragraph (7), the words ''Government of the United States''

are coextensive with and substituted for ''the executive, judicial,

and legislative branches of the United States Government, including

Government-owned or controlled corporation''.

In paragraph (13), the words ''armed forces'' are coextensive

with and substituted for ''Army, Navy, Air Force, Marine Corps, or

Coast Guard of the United States'' in view of the definition of

''armed forces'' in section 2101.

The definition of ''Commission'' in former section 2251(m) is

omitted as unnecessary as the title ''Civil Service Commission'' is

fully set out the first time it is used in each section.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

1967 Act

---------------------------------------------------------------------

Section of title 5 Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

8331(1)(B), (C) 5 App.: 2252(c). Sept. 26, 1966, Pub.

L. 89-604, Sec.

1(b), 80 Stat. 846.

8331(3)(B) (ii) 5 App.: 932h(c). Oct. 29, 1965, Pub.

L. 89-301, Sec.

11(d), 79 Stat.

1120.

5 App.: 932i(c). July 18, 1966, Pub.

L. 89-504, Sec.

302(d), 80 Stat.

295.

8331(13) (No source). (No source).

8331(15), (16) 5 App.: 2251(t). Sept. 27, 1965, Pub.

L. 89-205, Sec.

1(a), 79 Stat. 840.

-------------------------------

In paragraphs (1)(C), (D) and (2), the words ''become subject

to'' are substituted for ''come within the purview of'' for

consistency within the subchapter.

In paragraph (3)(B)(ii), references to sections 60e-12 and 60e-13

of title 2 are substituted for the words ''this section'' appearing

in 5 U.S.C. App. 932h(c) and 932i(c), to reflect the scheduled

transfer of those sections to title 2 (See table IV).

In paragraph (8)(C), the words ''in which he does not continue

subject to'' are substituted for ''not within the purview of'' for

consistency within the subchapter and to reflect that it is the

individual, rather than the position, that is subject to this

subchapter.

The amendment to paragraph (13) reflects Reorganization Plan No.

2 of 1965 (79 Stat. 1318), effective July 13, 1965, which

consolidated the Coast and Geodetic Survey and the Weather Bureau

to form a new agency in the Department of Commerce to be known as

the Environmental Science Services Administration.

-REFTEXT-

REFERENCES IN TEXT

Section 1(b) of the act of August 25, 1958 (72 Stat. 838),

referred to in par. (1)(I), is set out as a note under section 102

of Title 3, The President.

Section 4 of the Presidential Transition Act of 1963, referred to

in par. (1)(K), is section 4 of Pub. L. 88-277, which is set out as

a note under section 102 of Title 3.

Section 103(6) of the Foreign Service Act of 1980, referred to in

par. (1)(xii), is classified to section 3903(6) of Title 22,

Foreign Relations and Intercourse.

Section 601(b) of the Legislative Reorganization Act of 1946 (60

Stat. 850), as amended, referred to in par. (3)(A), was classified

to section 31a of Title 2, The Congress, which was repealed by act

Mar. 2, 1955, ch. 9, Sec. 4(b), 69 Stat. 11.

Sections 60e-7, 60e-8, 60e-9, 60e-10, 60e-11, 60e-12, 60e-13, and

60e-14 of title 2, referred to in par. (3)(B), were omitted from

the Code.

Section 5 of the Act of February 13, 1911, referred to in par.

(3)(G), is classified to section 267 of Title 19, Customs Duties.

The Federal Employees' Retirement Contribution Temporary

Adjustment Act of 1983, referred to in par. (18)(ii), is Pub. L.

98-168, title II, Nov. 29, 1983, 97 Stat. 1106, as amended, which

is set out as a note below.

The Bankruptcy Act, referred to in par. (22)(A), is act July 1,

1898, ch. 541, 30 Stat. 544, as amended, which was classified

generally to former Title 11, Bankruptcy. The Act was repealed

effective Oct. 1, 1979, by Pub. L. 95-598, Sec. 401(a), 402(a),

Nov. 6, 1978, 92 Stat. 2682, section 101 of which enacted revised

Title 11.

Section 404(d) of the Act of November 6, 1978, referred to in

par. (22)(A), is section 404(d) of Pub. L. 95-598, title IV, Nov.

6, 1978, 92 Stat. 2684, which was set out in a note preceding

section 151 of Title 28, Judiciary and Judicial Procedure, and was

repealed by Pub. L. 98-353, title I, Sec. 114, July 10, 1984, 98

Stat. 343.

Section 167 of the Federal Courts Improvement Act of 1982,

referred to in par. (26), is section 167 of Pub. L. 97-164, which

is set out as a note under section 171 of Title 28.

-MISC2-

AMENDMENTS

2001 - Par. (3)(E). Pub. L. 107-71 amended subpar. (E)

generally. Prior to amendment, subpar. (E) read as follows: ''with

respect to a criminal investigator, availability pay under section

5545a of this title;''.

2000 - Par. (3). Pub. L. 106-571, Sec. 3(a)(4), substituted

''through (H)'' for ''through (G)'' in concluding provisions.

Par. (3)(H). Pub. L. 106-571, Sec. 3(a)(1)-(3), added subpar.

(H).

Par. (28). Pub. L. 106-571, Sec. 3(b)(2), added par. (28).

1998 - Par. (3). Pub. L. 105-277 struck out ''and'' at end of

subpar. (D), added subpars. (E) and (F), redesignated former

subpar. (E) as (G), and, in concluding provisions, substituted

''subparagraphs (B) through (G)'' for ''subparagraphs (B), (C),

(D), and (E)''.

Par. (27). Pub. L. 105-261 added par. (27).

1994 - Par. (13). Pub. L. 103-353 inserted before semicolon at

end ''or full-time National Guard duty (as such term is defined in

section 101(d) of title 10) if such service interrupts creditable

civilian service under this subchapter and is followed by

reemployment in accordance with chapter 43 of title 38 that occurs

on or after August 1, 1990''.

1993 - Par. (3). Pub. L. 103-66 added subpar. (E), and in closing

provisions substituted ''subparagraphs (B), (C), (D), and (E) of

this paragraph'' for ''subparagraphs (B), (C), and (D) of this

paragraph,''.

1992 - Par. (1)(L). Pub. L. 102-378, Sec. 2(57)(A)(i),

substituted ''section 8347(q)(1)'' for ''section 8347(p)(1)''.

Par. (1)(ii). Pub. L. 102-378, Sec. 2(57)(A)(ii), substituted

''section 8347(q)(2)'' for ''section 8347(p)(2)''.

Par. (7). Pub. L. 102-378, Sec. 2(57)(B), substituted

''University'' for ''College''.

Par. (26). Pub. L. 102-572 substituted ''Court of Federal

Claims'' for ''Claims Court'' and ''United States Court of Federal

Claims'' for ''United States Claims Court''.

1990 - Par. (1)(L). Pub. L. 101-508, Sec. 7202(j)(1)(A)-(C),

added subpar. (L).

Par. (1)(ii). Pub. L. 101-508, Sec. 7202(j)(1)(D), substituted

''(besides any employee excluded by clause (x), but including any

employee who has made an election under section 8347(p)(2) to

remain covered by a retirement system established for employees

described in section 2105(c))'' for ''(other than an employee

described in clause (x)''.

Par. (1)(v). Pub. L. 101-474 amended cl. (v) generally. Prior to

amendment, cl. (v) read as follows: ''a temporary employee of the

Administrative Office of the United States Courts or of a court

named by section 610 of title 28;''.

Par. (7). Pub. L. 101-508, Sec. 7202(j)(1)(E), substituted

''Gallaudet College, and, in the case of an employee described in

paragraph (1)(L), a nonappropriated fund instrumentality of the

Department of Defense or the Coast Guard described in section

2105(c)'' for ''and Gallaudet College''.

Par. (26). Pub. L. 101-650 added par. (26).

1988 - Par. (1)(K). Pub. L. 100-679 added subpar. (K).

Par. (1)(xii). Pub. L. 100-238, Sec. 112, added cl. (xii).

Par. (18). Pub. L. 100-238, Sec. 123, inserted ''but does not

include any amount attributable to -

''(i) the Federal Employees' Retirement System; or

''(ii) contributions made under the Federal Employees'

Retirement Contribution Temporary Adjustment Act of 1983 by or on

behalf of any individual who became subject to the Federal

Employees' Retirement System;''.

1987 - Par. (22). Pub. L. 100-53, Sec. 2(a)(1), amended par. (22)

generally. Prior to amendment, par. (22) read as follows: ''

'bankruptcy judge' means an individual appointed under section 34

of the Bankruptcy Act (11 U.S.C. 62) or under section 404(d) of the

Act of November 6, 1978 (Public Law 95-598; 92 Stat. 2549) -

''(A) who is serving as a United States bankruptcy judge on

March 31, 1984;

''(B) whose service as United States bankruptcy judge at any

time in the period beginning on October 1, 1979, and ending on

July 10, 1984, is terminated by reason of death or disability; or

''(C) who is appointed as a bankruptcy judge under section 152

of title 28;''.

Par. (25). Pub. L. 100-53, Sec. 2(a)(2)-(4), added par. (25).

1986 - Par. (1)(G). Pub. L. 99-335, Sec. 207(f)(1), amended

subpar. (G) generally, substituting ''first employed'' for

''employed'' and inserting ''before October 1, 1987''.

Par. (1)(ii). Pub. L. 99-335, Sec. 202(a)(1), amended cl. (ii)

generally, inserting ''(other than an employee described in clause

(x)''.

Par. (1)(x). Pub. L. 99-335, Sec. 202(a)(2)-(4), added cl. (x).

Par. (1)(xi). Pub. L. 99-335, Sec. 207(f)(2), added cl. (xi).

Par. (2). Pub. L. 99-335, Sec. 202(b), inserted '', but does not

include any such Member of Congress who is subject to the Federal

Employees' Retirement System or who makes an election under section

8401(20) of this title not to be subject to such System''.

1984 - Par. (22). Pub. L. 98-353, Sec. 116(a)(1), substituted

''of November 6, 1978 (Public Law 95-598; 92 Stat. 2549)'' for

''adding this paragraph'' in provision preceding subpar. (A).

Par. (22)(A). Pub. L. 98-531 substituted ''who is serving as a

United States bankruptcy judge on March 31, 1984;'' for ''who is

serving as a United States bankruptcy judge on the date of

enactment of the Bankruptcy Amendments and Federal Judgeship Act of

1984, and continues to serve as a bankruptcy judge after such date

until either the date on which a successor for such judge is

appointed, or October 1, 1986, whichever date is earlier;''.

Pub. L. 98-353, Sec. 121(g), substituted ''the day before the

date of enactment of the Bankruptcy Amendments and Federal

Judgeship Act of 1984'' for ''June 27, 1984''.

Pub. L. 98-353, Sec. 116(a)(2), substituted ''who is serving as a

United States bankruptcy judge on the date of enactment of the

Bankruptcy Amendments and Federal Judgeship Act of 1984, and

continues to serve as a bankruptcy judge after such date until

either the date on which a successor for such judge is appointed,

or October 1, 1986, whichever date is earlier;'' for ''who is

serving as a United States bankruptcy judge on June 27, 1984, and

that has agreed by filing a notice of such agreement with the

President, the Senate, and the Director of the Administrative

Office of the United States Courts, to accept an appointment as a

judge of a United States bankruptcy court established under section

201 of this Act but that is not appointed by the President as a

judge of such court; or''.

Pub. L. 98-325 substituted ''June 27, 1984'' for ''June 20,

1984''.

Pub. L. 98-299 substituted ''June 20, 1984'' for ''May 25,

1984''.

Pub. L. 98-271 substituted ''May 25, 1984'' for ''April 30,

1984''.

Pub. L. 98-249 substituted ''April 30, 1984'' for ''March 31,

1984''.

Par. (22)(B). Pub. L. 98-531 substituted ''whose service as

United States bankruptcy judge at any time in the period beginning

on October 1, 1979, and ending on July 10, 1984, is terminated by

reason of death or disability'' for ''whose service as a United

States bankruptcy judge during the period beginning on October 1,

1979, and ending on the date of enactment of the Bankruptcy

Amendments and Federal Judgeship Act of 1984 is terminated by

reason of death or disability''.

Pub. L. 98-353, Sec. 116(a)(3)(A), substituted ''period beginning

on October 1, 1979, and ending on the date of enactment of the

Bankruptcy Amendments and Federal Judgeship Act of 1984'' for

''transition period''.

Par. (22)(C). Pub. L. 98-353, Sec. 116(a)(4), added subpar. (C).

Pars. (23), (24). Pub. L. 98-615 added pars. (23) and (24).

1982 - Par. (8)(B). Pub. L. 97-253, Sec. 306(a), inserted '',

including any amounts deposited under section 8334(j) of this

title''.

1980 - Par. (6). Pub. L. 96-499 struck out par. (6) which defined

''disabled'' and ''disability'' as meaning totally disabled or

total disability for useful and efficient service in the grade or

class of position last occupied by the employee or Member because

of disease or injury not due to vicious habits, intemperance, or

wilful misconduct on his part within 5 years of becoming disabled.

1979 - Par. (2). Pub. L. 96-54, Sec. 2(a)(47)(A), struck out

''and a Delegate to Congress,'' after ''title,''.

Par. (19)(C). Pub. L. 96-54, Sec. 2(a)(47)(B), struck out ''and''

after ''determined;''.

1978 - Pars. (1), (17), (20). Pub. L. 95-454 substituted ''Office

of Personnel Management'' and ''Office'' for ''Civil Service

Commission'' and ''Commission'', respectively, wherever appearing.

Par. (22). Pub. L. 95-598 added par. (22).

1975 - Par. (4). Pub. L. 94-183 struck out provision relating to

member's option of having average pay computed from averaging rates

of basic pay in effect over all periods of member's service after

August 2, 1946.

1974 - Par. (3). Pub. L. 93-350, Sec. 2(a), added subpar. (D) and

inserted reference to subpar. (D) in closing provisions of par.

(3).

Pars. (20), (21). Pub. L. 93-350, Sec. 2(b), added pars. (20) and

(21).

1972 - Par. (1)(J). Pub. L. 92-352 added par. (1)(J).

1969 - Par. (4)(A). Pub. L. 91-93, Sec. 201(a), reduced the

number of years of creditable service from 5 to 3 consecutive years

and provided for averaging rate of basic pay over the total service

in the case of an annuity under subsec. (d) or (e)(1) of section

8341 of this title based on service of less than three years.

Pars. (17) to (19). Pub. L. 91-93, Sec. 101, added pars. (17) to

(19).

1968 - Par. (3)(B)(ii). Pub. L. 90-623 inserted reference to

section 60e-14 of title 2.

1966 - Par. (3). Pub. L. 89-737 added subpar. (C) and, in the

exception set out in provisions following subpar. (C), substituted

reference to subpars. (B) and (C) for reference to subpar. (B).

-CHANGE-

CHANGE OF NAME

Words ''magistrate judge'' and ''United States magistrate judge''

substituted for ''magistrate'' and ''United States magistrate'',

respectively, in par. (25) pursuant to section 321 of Pub. L.

101-650, set out as a note under section 631 of Title 28, Judiciary

and Judicial Procedure.

Gallaudet College, referred to in par. (1)(H), redesignated

Gallaudet University by section 101(a) of Pub. L. 99-371, which is

classified to section 4301(a) of Title 20, Education.

Commissioned Officer Corps of Environmental Science Services

Administration, referred to in par. (13)(C), changed to

Commissioned Officer Corps of National Oceanic and Atmospheric

Administration, see 1970 Reorg. Plan No. 4, Sec. 4(d), eff. Oct.

3, 1970, 35 F.R. 15627, 84 Stat. 2090, set out in the Appendix to

this title.

-MISC4-

EFFECTIVE DATE OF 1998 AMENDMENTS

Amendment by Pub. L. 105-277 effective on first day of first

applicable pay period which begins on or after Oct. 1, 1998, see

section 101(h) (title VI, Sec. 628(e)) of Pub. L. 105-277, set out

as a note under section 4109 of this title.

Pub. L. 105-261, div. C, title XXXI, Sec. 3154(m), (n), Oct. 17,

1998, 112 Stat. 2256, provided that:

''(m) Applicability. - Subsections (b) through (l) (amending this

section and sections 8334 to 8336, 8401, 8412, 8415, 8422, 8423,

and 8425 of this title and enacting provisions set out as notes

under sections 8334, 8348, and 8422 of this title) shall apply only

to an individual who is employed as a nuclear materials courier, as

defined by section 8331(27) or 8401(33) of title 5, United States

Code (as amended by this section), after the later of -

''(1) September 30, 1998; or

''(2) the date of the enactment of this Act (Oct. 17, 1998).

''(n) Effective Dates. - (1) Except as provided in paragraph (2),

the amendments made by this section (amending this section and

sections 3307, 8334 to 8336, 8401, 8412, 8415, 8422, 8423, and 8425

of this title) shall take effect at the beginning of the first pay

period that begins after the later of -

''(A) October 1, 1998; or

''(B) the date of the enactment of this Act.

''(2)(A) The amendments made by subsection (a) (amending section

3307 of this title) shall take effect on the date of the enactment

of this Act.

''(B) The amendments made by subsections (d) and (k) (amending

sections 8335 and 8425 of this title) shall take effect 1 year

after the date of the enactment of this Act.''

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-353 effective with respect to

reemployments initiated on or after the first day after the 60-day

period beginning Oct. 13, 1994, with transition rules, see section

8 of Pub. L. 103-353, set out as an Effective Date note under

section 4301 of Title 38, Veterans' Benefits.

EFFECTIVE DATE OF 1993 AMENDMENT

Section 13812(c)(1) of Pub. L. 103-66 provided that: ''The

amendments made by subsection (a) (amending this section) take

effect on January 1, 1994, and apply only with respect to service

performed on or after such date.''

EFFECTIVE DATE OF 1992 AMENDMENTS

Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section

911 of Pub. L. 102-572, set out as a note under section 171 of

Title 28, Judiciary and Judicial Procedure.

Amendment by section 2(57)(A) of Pub. L. 102-378 effective Nov.

5, 1990, and amendment by section 2(57)(B) of Pub. L. 102-378

effective Oct. 2, 1992, see section 9(a), (b)(6) of Pub. L.

102-378, set out as a note under section 6303 of this title.

EFFECTIVE DATE OF 1990 AMENDMENTS

Section 306(f) of Pub. L. 101-650, as amended by Pub. L. 102-572,

title IX, Sec. 902(b)(1), Oct. 29, 1992, 106 Stat. 4516, provided

that: ''This section and the amendments made by this section

(enacting section 8440b (now 8440c) of this title and section 178

of Title 28, Judiciary and Judicial Procedure and amending this

section, sections 8334, 8336, 8339, and 8402 of this title, and

sections 376 and 604 of Title 28) shall apply to judges of, and

senior judges in active service with, the United States Court of

Federal Claims on or after the date of the enactment of this Act

(Dec. 1, 1990).''

Amendment by Pub. L. 101-508 applicable with respect to any

individual who, on or after Jan. 1, 1987, moves from employment in

nonappropriated fund instrumentality of Department of Defense or

Coast Guard, that is described in section 2105(c) of this title, to

employment in Department or Coast Guard, that is not described in

section 2105(c), or who moves from employment in Department or

Coast Guard, that is not described in section 2105(c), to

employment in nonappropriated fund instrumentality of Department or

Coast Guard, that is described in section 2105(c), see section

7202(m)(1) of Pub. L. 101-508, set out as a note under section 2105

of this title.

EFFECTIVE DATE OF 1987 AMENDMENT

Section 3 of Pub. L. 100-53, as amended by Pub. L. 101-650, title

III, Sec. 321, Dec. 1, 1990, 104 Stat. 5117, provided that: ''This

Act (amending this section and sections 8334, 8336, and 8339 of

this title and enacting provisions set out as a note under this

section) shall take effect on October 1, 1987, and shall apply to

bankruptcy judges and United States magistrate judges in office on

that date and to individuals subsequently appointed to such

positions to whom chapter 83 of title 5, United States Code,

otherwise applies.''

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-335 effective Jan. 1, 1987, see section

702(a) of Pub. L. 99-335, set out as an Effective Date note under

section 8401 of this title.

EFFECTIVE DATE OF 1984 AMENDMENTS

Amendment by Pub. L. 98-615 effective May 7, 1985, with

enumerated exceptions and specific applicability provisions, see

section 4(a)(1) of Pub. L. 98-615 as amended, set out as a note

under section 8341 of this title.

Section 3 of Pub. L. 98-531 provided that:

''(a) Except as provided in subsection (b), this Act and the

amendments made by this Act (renumbering a provision set out as a

note under section 101 of Title 11, Bankruptcy) shall take effect

on July 10, 1984.

''(b) The amendments made by section 2 (amending this section and

sections 8336 and 8339 of this title) shall take effect on March

31, 1984.''

Amendment by Pub. L. 98-353 effective July 10, 1984, see section

122(a) of Pub. L. 98-353, set out as an Effective Date note under

section 151 of Title 28, Judiciary and Judicial Procedure.

Section 116(e) of Pub. L. 98-353 provided that: ''The amendments

made by this section (amending this section and sections 8334,

8336, and 8339 of this title) shall take effect on the date of

enactment (July 10, 1984) and shall apply to bankruptcy judges who

retire on or after such date.''

EFFECTIVE DATE OF 1982 AMENDMENT

Section 306(g) of Pub. L. 97-253, as amended by Pub. L. 97-346,

Sec. 3(e)(2), Oct. 15, 1982, 96 Stat. 1648; Pub. L. 98-369, div.

B, title II, Sec. 2205, July 18, 1984, 98 Stat. 1059, provided

that: ''The amendments made by this section (amending this section

and sections 8332, 8334, and 8348 of this title) shall take effect

October 1, 1982; except that any employee or Member who retired

after the date of the enactment of this Act (Sept. 8, 1982) and

before October 1, 1985, or is entitled to an annuity under chapter

83 of title 5, United States Code, based on a separation from

service occurring during such period, or a survivor of such

individual, may make a payment under section 8334(j)(1) of title 5,

United States Code. Regulations required to be issued under section

8334(j)(1) of title 5, United States Code, shall be issued by the

Office of Personnel Management within 90 days after such effective

date.''

EFFECTIVE DATE OF 1980 AMENDMENT

Section 403(c) of Pub. L. 96-499 provided that: ''The amendments

made by this section (amending this section and section 8337 of

this title) shall take effect on the 90th day after the date of the

enactment of this Act (Dec. 5, 1980).''

EFFECTIVE DATE OF 1979 AMENDMENT

Amendment by Pub. L. 96-54 effective July 12, 1979, see section

2(b) of Pub. L. 96-54, set out as a note under section 305 of this

title.

EFFECTIVE DATE OF 1978 AMENDMENTS

Amendment by Pub. L. 95-598 effective Nov. 6, 1978, see section

402(d) of Pub. L. 95-598, set out as an Effective Date note

preceding section 101 of Title 11, Bankruptcy.

Amendment by Pub. L. 95-454 effective 90 days after Oct. 13,

1978, see section 907 of Pub. L. 95-454, set out as a note under

section 1101 of this title.

EFFECTIVE DATE OF 1974 AMENDMENT

Amendment by section 2(a) of Pub. L. 93-350 effective at

beginning of first applicable pay period which begins after Dec.

31, 1974, and amendment by section 2(b) of Pub. L. 93-350 effective

July 12, 1974, see section 7 of Pub. L. 93-350, set out as a note

under section 3307 of this title.

EFFECTIVE DATE OF 1972 AMENDMENT

Section 105(b) of Pub. L. 92-352 provided that: ''Subsection (a)

of this section (amending this section) shall become effective on

the first day of the second month which begins after its enactment

(July 13, 1972).''

EFFECTIVE DATE OF 1969 AMENDMENT

Section 207(a) of Pub. L. 91-93 provided that: ''The amendments

made by sections 201, 202, 203, and 206(a) of this Act (amending

this section and sections 8333, 8334, 8339, and 8341 of this title)

shall not apply in the case of persons retired or otherwise

separated prior to the date of enactment of this Act (Oct. 20,

1969), and the rights of such persons and their survivors shall

continue in the same manner and to the same extent as if such

sections had not been enacted.''

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-623 intended to restate without

substantive change the law in effect on Oct. 22, 1968, see section

6 of Pub. L. 90-623, set out as a note under section 5334 of this

title.

EFFECTIVE DATE OF 1966 AMENDMENT

Amendment by Pub. L. 89-737 applicable with respect to premium

pay payable from and after first day of first pay period which

begins after Nov. 2, 1966, see section 4 of Pub. L. 89-737, set out

in the note under section 8114 of this title.

SHORT TITLE OF 1994 AMENDMENT

Pub. L. 103-358, Sec. 1, Oct. 14, 1994, 108 Stat. 3420, provided

that: ''This Act (amending sections 8345, 8437, and 8467 of this

title and enacting provisions set out as a note under section 8345

of this title) may be cited as the 'Child Abuse Accountability

Act'.''

SHORT TITLE OF 1990 AMENDMENT

Pub. L. 101-428, Sec. 1(a), Oct. 15, 1990, 104 Stat. 928,

provided that: ''This Act (amending sections 8335 to 8337, 8339,

8341, 8344, 8412, and 8425 of this title and enacting provisions

set out as notes under sections 8335, 8339, and 8425 of this title)

may be cited as the 'Capitol Police Retirement Act'.''

SHORT TITLE OF 1987 AMENDMENT

Section 1 of Pub. L. 100-53 provided that: ''This Act (amending

this section and sections 8334, 8336, and 8339 of this title and

enacting provisions set out as a note under this section) may be

cited as the 'Magistrates' Retirement Parity Act of 1987'.''

SHORT TITLE OF 1986 AMENDMENT

Pub. L. 99-638, Sec. 2(a), Nov. 10, 1986, 100 Stat. 3535,

provided that: ''This section (amending sections 2105 and 8332 of

this title and enacting provisions set out as a note under section

8332 of this title) may be cited as the 'Nonappropriated Fund

Instrumentalities Employees' Retirement Credit Act of 1986'.''

SHORT TITLE OF 1984 AMENDMENT

Section 1 of Pub. L. 98-615 provided: ''That this Act (enacting

sections 3595a, 4302a and 5406-5410 of this title, amending this

section and sections 3135, 3393, 3395, 3593-3595, 4312, 4501, 5332,

5334-5336, 5361, 5362, 5383, 5384, 5401-5405, 5948, 7543, 8334,

8336, 8339, 8341, 8342, 8345, 8348, 8901-8903, 8905, 8907, 8909,

and 8913 of this title, section 1602 of Title 10, Armed Forces, and

section 731 of Title 31, Money and Finance, and enacting provisions

set out as notes under sections 3131, 3135, 5401, and 8341 of this

title) may be cited as the 'Civil Service Retirement Spouse Equity

Act of 1984'.''

SHORT TITLE OF 1969 AMENDMENT

Section 1 of Pub. L. 91-93 provided: ''That this Act (amending

this section and sections 1308, 8333, 8334, 8339, 8340, 8341, and

8348 of this title, enacting provisions set out as notes under

sections 8334, 8340, 8341, and 8348 of this title, and repealing

provisions set out as a note under section 8339 of this title) may

be cited as the 'Civil Service Retirement Amendments of 1969'.''

SAVINGS PROVISION

Section 105(c) of Pub. L. 92-352 provided that: ''The amendments

made by such subsection (a) (amending this section) shall not apply

in the cases of persons retired or otherwise separated prior to the

effective date established under subsection (b) of this section

(see Effective Date of 1972 Amendment note above), and the rights

of such persons and their survivors shall continue in the same

manner and to the same extent as if such amendments had not been

enacted.''

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-MISC5-

SUPREME COURT POLICE RETIREMENT

Pub. L. 106-553, Sec. 1(a)(2) (title III, Sec. 308), Dec. 21,

2000, 114 Stat. 2762, 2762A-86, provided that:

''(a) Supreme Court Police Retirement. -

''(1) Service deemed to be service as law enforcement officer.

- Any period of service performed before the effective date of

this section by an individual as a member of the Supreme Court

Police, who is such a member on such date, shall be deemed to be

service performed as a law enforcement officer for purposes of

chapters 83 and 84 of title 5, United States Code.

Notwithstanding any amendment made by this section, any period of

service performed before the effective date of this section by an

individual as a member of the Supreme Court Police, who is not

such a member on such date, shall be employee service for

purposes of chapters 83 and 84 of title 5, United States Code.

''(2) Contributions. - The Marshal of the Supreme Court of the

United States shall pay an amount determined by the Office of

Personnel Management equal to -

''(A)(i) the difference between -

''(I) the amount that was deducted and withheld from basic

pay under chapters 83 and 84 of title 5, United States Code,

for the period of service described in the first sentence of

paragraph (1); and

''(II) the amount that should have been deducted and

withheld for such period of service, if it had instead been

performed as a law enforcement officer; and

''(ii) interest as prescribed under section 8334(e) of title

5, United States Code, based on the amount determined under

clause (i); and

''(B) with respect to the period of service described in

subparagraph (A), the difference between the Government

contributions that were in fact made to the Civil Service

Retirement and Disability Fund for such service, and the amount

that would have been required if such service had instead been

performed as a law enforcement officer, subject to subsection

(f).

''(3) Deposit of payments. - Payments under paragraph (2) shall

be paid from the salaries and expenses account from

appropriations to the Supreme Court of the United States,

including any prior year unobligated balances, and deposited in

the Civil Service Retirement and Disability Fund.

''(b) Amendments to Chapter 83. - (Amended sections 8334 to 8336

and 8339 of this title.)

''(c) Amendments to Chapter 84. - (Amended sections 8412, 8415,

8422, 8423, and 8425 of this title.)

''(d) Payments for Other Liability. -

''(1) In general. - The Marshal of the Supreme Court of the

United States shall pay into the Civil Service Retirement and

Disability Fund an amount determined by the Director of the

Office of Personnel Management to be necessary to reimburse the

Fund for any estimated increase in the unfunded liability of the

Fund resulting from the amendments related to the Civil Service

Retirement System under this section, and for any estimated

increase in the supplemental liability of the Fund resulting from

the amendments related to the Federal Employees' Retirement

System under this section.

''(2) Installments. - The amount determined under paragraph (1)

shall be paid in 5 equal annual installments with interest

computed at the rates used in the most recent valuation of the

Federal Employees' Retirement System.

''(3) Source of funds. - Payments under this subsection shall

be made from amounts available from the salaries and expenses

account from appropriations to the Supreme Court of the United

States, including any prior year unobligated balances.

''(e) No Mandatory Separation for a 2-Year Period. - Nothing in

section 8335(e) or 8425(d) of title 5, United States Code, as added

by this section, shall require the automatic separation of any

member of the Supreme Court Police before the end of the 2-year

period beginning on the effective date of this section.

''(f) Nonreduction in Government Contributions. - Notwithstanding

any other provision of this section, Government contributions to

the Civil Service Retirement and Disability Fund on behalf of a

member of the Supreme Court Police shall, with respect to any

service performed during the period beginning on January 1, 1999,

and ending on December 31, 2002, while subject to the Federal

Employees' Retirement System, be determined in the same way as if

this section had never been enacted.

''(g) Savings Provision. - Nothing in this section or in any

amendment made by this section shall, with respect to any service

performed before the effective date of such amendment, have the

effect of reducing the percentage applicable in computing any

portion of an annuity based on service as a member of the Supreme

Court Police below the percentage which would otherwise apply if

this section had not been enacted.

''(h) Technical and Conforming Amendments. - (Amended sections

8337, 8339, 8341, 8343a, and 8344 of this title.)

''(i) Applicability. - This section and the amendments made by

this section shall apply only to an individual who is employed as a

member of the Supreme Court Police after the later of October 1,

2000, or the date of enactment of this Act (Dec. 21, 2000).

''(j) Effective Date. - Except as otherwise provided in this

section, this section and the amendments made by this section shall

take effect on the first day of the first applicable pay period

that begins on the later of October 1, 2000, or the date of

enactment of this Act.''

FEDERAL RETIREMENT COVERAGE ERRORS CORRECTION

Pub. L. 106-265, title II, Sept. 19, 2000, 114 Stat. 770,

provided that:

''SEC. 2001. SHORT TITLE; TABLE OF CONTENTS.

''(a) Short Title. - This title may be cited as the 'Federal

Erroneous Retirement Coverage Corrections Act'.

''(b) Table of Contents. - (Omitted.)

''SEC. 2002. DEFINITIONS.

''For purposes of this title:

''(1) Annuitant. - The term 'annuitant' has the meaning given

such term under section 8331(9) or 8401(2) of title 5, United

States Code.

''(2) CSRS. - The term 'CSRS' means the Civil Service

Retirement System.

''(3) CSRDF. - The term 'CSRDF' means the Civil Service

Retirement and Disability Fund.

''(4) CSRS covered. - The term 'CSRS covered', with respect to

any service, means service that is subject to the provisions of

subchapter III of chapter 83 of title 5, United States Code,

other than service subject to section 8334(k) of such title.

''(5) CSRS-offset covered. - The term 'CSRS-Offset covered',

with respect to any service, means service that is subject to the

provisions of subchapter III of chapter 83 of title 5, United

States Code, and to section 8334(k) of such title.

''(6) Employee. - The term 'employee' has the meaning given

such term under section 8331(1) or 8401(11) of title 5, United

States Code.

''(7) Executive director. - The term 'Executive Director of the

Federal Retirement Thrift Investment Board' or 'Executive

Director' means the Executive Director appointed under section

8474 of title 5, United States Code.

''(8) FERS. - The term 'FERS' means the Federal Employees'

Retirement System.

''(9) FERS covered. - The term 'FERS covered', with respect to

any service, means service that is subject to chapter 84 of title

5, United States Code.

''(10) Former employee. - The term 'former employee' means an

individual who was an employee, but who is not an annuitant.

''(11) OASDI taxes. - The term 'OASDI taxes' means the OASDI

employee tax and the OASDI employer tax.

''(12) OASDI employee tax. - The term 'OASDI employee tax'

means the tax imposed under section 3101(a) of the Internal

Revenue Code of 1986 (26 U.S.C. 3101(a)) (relating to Old-Age,

Survivors and Disability Insurance).

''(13) OASDI employer tax. - The term 'OASDI employer tax'

means the tax imposed under section 3111(a) of the Internal

Revenue Code of 1986 (26 U.S.C. 3111(a)) (relating to Old-Age,

Survivors and Disability Insurance).

''(14) OASDI trust funds. - The term 'OASDI trust funds' means

the Federal Old-Age and Survivors Insurance Trust Fund and the

Federal Disability Insurance Trust Fund.

''(15) Office. - The term 'Office' means the Office of

Personnel Management.

''(16) Retirement coverage determination. - The term

'retirement coverage determination' means a determination by an

employee or agent of the Government as to whether a particular

type of Government service is CSRS covered, CSRS-Offset covered,

FERS covered, or Social Security-Only covered.

''(17) Retirement coverage error. - The term 'retirement

coverage error' means an erroneous retirement coverage

determination that was in effect for a minimum period of 3 years

of service after December 31, 1986.

''(18) Social security-only covered. - The term 'Social

Security-Only covered', with respect to any service, means

Government service that -

''(A) constitutes employment under section 210 of the Social

Security Act (42 U.S.C. 410); and

''(B)(i) is subject to OASDI taxes; but

''(ii) is not subject to CSRS or FERS.

''(19) Survivor. - The term 'survivor' has the meaning given

such term under section 8331(10) or 8401(28) of title 5, United

States Code.

''(20) Thrift savings fund. - The term 'Thrift Savings Fund'

means the Thrift Savings Fund established under section 8437 of

title 5, United States Code.

''SEC. 2003. APPLICABILITY.

''(a) In General. - This title shall apply with respect to

retirement coverage errors that occur before, on, or after the date

of the enactment of this Act (Sept. 19, 2000).

''(b) Limitation. - Except as otherwise provided in this title,

this title shall not apply to any erroneous retirement coverage

determination that was in effect for a period of less than 3 years

of service after December 31, 1986.

''SEC. 2004. IRREVOCABILITY OF ELECTIONS.

''Any election made (or deemed to have been made) by an employee

or any other individual under this title shall be irrevocable.

''SUBTITLE A - DESCRIPTION OF RETIREMENT COVERAGE ERRORS TO WHICH

THIS TITLE APPLIES AND MEASURES FOR THEIR RECTIFICATION

''CHAPTER 1 - EMPLOYEES AND ANNUITANTS WHO SHOULD HAVE BEEN FERS

COVERED, BUT WHO WERE ERRONEOUSLY CSRS COVERED OR CSRS-OFFSET

COVERED INSTEAD, AND SURVIVORS OF SUCH EMPLOYEES AND ANNUITANTS

''SEC. 2101. EMPLOYEES.

''(a) Applicability. - This section shall apply in the case of

any employee or former employee who should be (or should have been)

FERS covered but, as a result of a retirement coverage error, is

(or was) CSRS covered or CSRS-Offset covered instead.

''(b) Uncorrected Error. -

''(1) Applicability. - This subsection applies if the

retirement coverage error has not been corrected before the

effective date of the regulations described under paragraph (3).

As soon as practicable after discovery of the error, and subject

to the right of an election under paragraph (2), if CSRS covered

or CSRS-Offset covered, such individual shall be treated as

CSRS-Offset covered, retroactive to the date of the retirement

coverage error.

''(2) Coverage. -

''(A) Election. - Upon written notice of a retirement

coverage error, an individual may elect to be CSRS-Offset

covered or FERS covered, effective as of the date of the

retirement coverage error. Such election shall be made not

later than 180 days after the date of receipt of such notice.

''(B) Nonelection. - If the individual does not make an

election by the date provided under subparagraph (A), a

CSRS-Offset covered individual shall remain CSRS-Offset covered

and a CSRS covered individual shall be treated as CSRS-Offset

covered.

''(3) Regulations. - The Office shall prescribe regulations to

carry out this subsection.

''(c) Corrected Error. -

''(1) Applicability. - This subsection applies if the

retirement coverage error was corrected before the effective date

of the regulations described under subsection (b).

''(2) Coverage. -

''(A) Election. -

''(i) CSRS-offset covered. - Not later than 180 days after

the date of the enactment of this Act (Sept. 19, 2000), the

Office shall prescribe regulations authorizing individuals to

elect, during the 18-month period immediately following the

effective date of such regulations, to be CSRS-Offset

covered, effective as of the date of the retirement coverage

error.

''(ii) Thrift savings fund contributions. - If under this

section an individual elects to be CSRS-Offset covered, all

employee contributions to the Thrift Savings Fund made during

the period of FERS coverage (and earnings on such

contributions) may remain in the Thrift Savings Fund in

accordance with regulations prescribed by the Executive

Director, notwithstanding any limit under title 5, United

States Code, that would otherwise be applicable.

''(B) Previous settlement payment. - An individual who

previously received a payment ordered by a court or provided as

a settlement of claim for losses resulting from a retirement

coverage error shall not be entitled to make an election under

this subsection unless that amount is waived in whole or in

part under section 2208, and any amount not waived is repaid.

''(C) Ineligibility for election. - An individual who,

subsequent to correction of the retirement coverage error,

received a refund of retirement deductions under section 8424

of title 5, United States Code, or a distribution under section

8433(b), (c), or (h)(1)(A) of title 5, United States Code, may

not make an election under this subsection.

''(3) Corrective action to remain in effect. - If an individual

is ineligible to make an election or does not make an election

under paragraph (2) before the end of any time limitation under

this subsection, the corrective action taken before such time

limitation shall remain in effect.

''SEC. 2102. ANNUITANTS AND SURVIVORS.

''(a) In General. - This section shall apply in the case of an

individual who is -

''(1) an annuitant who should have been FERS covered but, as a

result of a retirement coverage error, was CSRS covered or

CSRS-Offset covered instead; or

''(2) a survivor of an employee who should have been FERS

covered but, as a result of a retirement coverage error, was CSRS

covered or CSRS-Offset covered instead.

''(b) Coverage. -

''(1) Election. - Not later than 180 days after the date of the

enactment of this Act (Sept. 19, 2000), the Office shall

prescribe regulations authorizing an individual described under

subsection (a) to elect CSRS-Offset coverage or FERS coverage,

effective as of the date of the retirement coverage error.

''(2) Time limitation. - An election under this subsection

shall be made not later than 18 months after the effective date

of the regulations prescribed under paragraph (1).

''(3) Reduced annuity. -

''(A) Amount in account. - If the individual elects

CSRS-Offset coverage, the amount in the employee's Thrift

Savings Fund account under subchapter III of chapter 84 of

title 5, United States Code, on the date of retirement that

represents the Government's contributions and earnings on those

contributions (whether or not such amount was subsequently

distributed from the Thrift Savings Fund) will form the basis

for a reduction in the individual's annuity, under regulations

prescribed by the Office.

''(B) Reduction. - The reduced annuity to which the

individual is entitled shall be equal to an amount which, when

taken together with the amount referred to in subparagraph (A),

would result in the present value of the total being

actuarially equivalent to the present value of an unreduced

CSRS-Offset annuity that would have been provided the

individual.

''(4) Reduced benefit. - If -

''(A) a surviving spouse elects CSRS-Offset benefits; and

''(B) a FERS basic employee death benefit under section

8442(b) of title 5, United States Code, was previously paid,

then the survivor's CSRS-Offset benefit shall be subject to a

reduction, under regulations prescribed by the Office. The

reduced annuity to which the individual is entitled shall be

equal to an amount which, when taken together with the amount of

the payment referred to under subparagraph (B) would result in

the present value of the total being actuarially equivalent to

the present value of an unreduced CSRS-Offset annuity that would

have been provided the individual.

''(5) Previous settlement payment. - An individual who

previously received a payment ordered by a court or provided as a

settlement of claim for losses resulting from a retirement

coverage error may not make an election under this subsection

unless repayment of that amount is waived in whole or in part

under section 2208, and any amount not waived is repaid.

''(c) Nonelection. - If the individual does not make an election

under subsection (b) before any time limitation under this section,

the retirement coverage shall be subject to the following rules:

''(1) Corrective action previously taken. - If corrective

action was taken before the end of any time limitation under this

section, that corrective action shall remain in effect.

''(2) Corrective action not previously taken. - If corrective

action was not taken before such time limitation, the employee

shall be CSRS-Offset covered, retroactive to the date of the

retirement coverage error.

''CHAPTER 2 - EMPLOYEE WHO SHOULD HAVE BEEN FERS COVERED,

CSRS-OFFSET COVERED, OR CSRS COVERED, BUT WHO WAS ERRONEOUSLY

SOCIAL SECURITY-ONLY COVERED INSTEAD

''SEC. 2111. APPLICABILITY.

''This chapter shall apply in the case of any employee who -

''(1) should be (or should have been) FERS covered but, as a

result of a retirement coverage error, is (or was) Social

Security-Only covered instead;

''(2) should be (or should have been) CSRS-Offset covered but,

as a result of a retirement coverage error, is (or was) Social

Security-Only covered instead; or

''(3) should be (or should have been) CSRS covered but, as a

result of a retirement coverage error, is (or was) Social

Security-Only covered instead.

''SEC. 2112. CORRECTION MANDATORY.

''(a) Uncorrected Error. - If the retirement coverage error has

not been corrected, as soon as practicable after discovery of the

error, such individual shall be covered under the correct

retirement coverage, effective as of the date of the retirement

coverage error.

''(b) Corrected Error. - If the retirement coverage error has

been corrected, the corrective action previously taken shall remain

in effect.

''CHAPTER 3 - EMPLOYEE WHO SHOULD OR COULD HAVE BEEN SOCIAL

SECURITY-ONLY COVERED BUT WHO WAS ERRONEOUSLY CSRS-OFFSET COVERED

OR CSRS COVERED INSTEAD

''SEC. 2121. EMPLOYEE WHO SHOULD BE SOCIAL SECURITY-ONLY COVERED,

BUT WHO IS ERRONEOUSLY CSRS OR CSRS-OFFSET COVERED INSTEAD.

''(a) Applicability. - This section applies in the case of a

retirement coverage error in which a Social Security-Only covered

employee was erroneously CSRS covered or CSRS-Offset covered.

''(b) Uncorrected Error. -

''(1) Applicability. - This subsection applies if the

retirement coverage error has not been corrected before the

effective date of the regulations described in paragraph (3).

''(2) Coverage. - In the case of an individual who is

erroneously CSRS covered, as soon as practicable after discovery

of the error, and subject to the right of an election under

paragraph (3), such individual shall be CSRS-Offset covered,

effective as of the date of the retirement coverage error.

''(3) Election. -

''(A) In general. - Upon written notice of a retirement

coverage error, an individual may elect to be CSRS-Offset

covered or Social Security-Only covered, effective as of the

date of the retirement coverage error. Such election shall be

made not later than 180 days after the date of receipt of such

notice.

''(B) Nonelection. - If the individual does not make an

election before the date provided under subparagraph (A), the

individual shall remain CSRS-Offset covered.

''(C) Regulations. - The Office shall prescribe regulations

to carry out this paragraph.

''(c) Corrected Error. -

''(1) Applicability. - This subsection applies if the

retirement coverage error was corrected before the effective date

of the regulations described under subsection (b)(3).

''(2) Election. - Not later than 180 days after the date of the

enactment of this Act (Sept. 19, 2000), the Office shall

prescribe regulations authorizing individuals to elect, during

the 18-month period immediately following the effective date of

such regulations, to be CSRS-Offset covered or Social

Security-Only covered, effective as of the date of the retirement

coverage error.

''(3) Nonelection. - If an eligible individual does not make an

election under paragraph (2) before the end of any time

limitation under this subsection, the corrective action taken

before such time limitation shall remain in effect.

''CHAPTER 4 - EMPLOYEE WHO WAS ERRONEOUSLY FERS COVERED

''SEC. 2131. EMPLOYEE WHO SHOULD BE SOCIAL SECURITY-ONLY COVERED,

CSRS COVERED, OR CSRS-OFFSET COVERED AND IS NOT FERS-ELIGIBLE,

BUT WHO IS ERRONEOUSLY FERS COVERED INSTEAD.

''(a) Applicability. - This section applies in the case of a

retirement coverage error in which a Social Security-Only covered,

CSRS covered, or CSRS-Offset covered employee not eligible to elect

FERS coverage under authority of section 8402(c) of title 5, United

States Code, was erroneously FERS covered.

''(b) Uncorrected Error. -

''(1) Applicability. - This subsection applies if the

retirement coverage error has not been corrected before the

effective date of the regulations described in paragraph (2).

''(2) Coverage. -

''(A) Election. -

''(i) In general. - Upon written notice of a retirement

coverage error, an individual may elect to remain FERS

covered or to be Social Security-Only covered, CSRS covered,

or CSRS-Offset covered, as would have applied in the absence

of the erroneous retirement coverage determination, effective

as of the date of the retirement coverage error. Such

election shall be made not later than 180 days after the date

of receipt of such notice.

''(ii) Treatment of fers election. - An election of FERS

coverage under this subsection is deemed to be an election

under section 301 of the Federal Employees Retirement System

Act of 1986 (5 U.S.C. 8331 note; Public Law 99-335; 100 Stat.

599).

''(B) Nonelection. - If the individual does not make an

election before the date provided under subparagraph (A), the

individual shall remain FERS covered, effective as of the date

of the retirement coverage error.

''(3) Employee contributions in thrift savings fund. - If under

this section, an individual elects to be Social Security-Only

covered, CSRS covered, or CSRS-Offset covered, all employee

contributions to the Thrift Savings Fund made during the period

of erroneous FERS coverage (and all earnings on such

contributions) may remain in the Thrift Savings Fund in

accordance with regulations prescribed by the Executive Director,

notwithstanding any limit under section 8351 or 8432 of title 5,

United States Code.

''(4) Regulations. - Except as provided under paragraph (3),

the Office shall prescribe regulations to carry out this

subsection.

''(c) Corrected Error. -

''(1) Applicability. - This subsection applies if the

retirement coverage error was corrected before the effective date

of the regulations described under paragraph (2).

''(2) Election. - Not later than 180 days after the date of the

enactment of this Act (Sept. 19, 2000), the Office shall

prescribe regulations authorizing individuals to elect, during

the 18-month period immediately following the effective date of

such regulations to remain Social Security-Only covered, CSRS

covered, or CSRS-Offset covered, or to be FERS covered, effective

as of the date of the retirement coverage error.

''(3) Nonelection. - If an eligible individual does not make an

election under paragraph (2), the corrective action taken before

the end of any time limitation under this subsection shall remain

in effect.

''(4) Treatment of fers election. - An election of FERS

coverage under this subsection is deemed to be an election under

section 301 of the Federal Employees Retirement System Act of

1986 (5 U.S.C. 8331 note; Public Law 99-335; 100 Stat. 599).

''SEC. 2132. FERS-ELIGIBLE EMPLOYEE WHO SHOULD HAVE BEEN CSRS

COVERED, CSRS-OFFSET COVERED, OR SOCIAL SECURITY-ONLY COVERED,

BUT WHO WAS ERRONEOUSLY FERS COVERED INSTEAD WITHOUT AN

ELECTION.

''(a) In General. -

''(1) FERS election prevented. - If an individual was prevented

from electing FERS coverage because the individual was

erroneously FERS covered during the period when the individual

was eligible to elect FERS under title III of the Federal

Employees Retirement System Act (Pub. L. 99-335) or the Federal

Employees' Retirement System Open Enrollment Act of 1997 (Public

Law 105-61; 111 Stat. 1318 et seq.) (5 U.S.C. 8331 notes), the

individual -

''(A) is deemed to have elected FERS coverage; and

''(B) shall remain covered by FERS, unless the individual

declines, under regulations prescribed by the Office, to be

FERS covered.

''(2) Declining fers coverage. - If an individual described

under paragraph (1)(B) declines to be FERS covered, such

individual shall be CSRS covered, CSRS-Offset covered, or Social

Security-Only covered, as would apply in the absence of a FERS

election, effective as of the date of the erroneous retirement

coverage determination.

''(b) Employee Contributions in Thrift Savings Fund. - If under

this section, an individual declines to be FERS covered and instead

is Social Security-Only covered, CSRS covered, or CSRS-Offset

covered, as would apply in the absence of a FERS election, all

employee contributions to the Thrift Savings Fund made during the

period of erroneous FERS coverage (and all earnings on such

contributions) may remain in the Thrift Savings Fund in accordance

with regulations prescribed by the Executive Director,

notwithstanding any limit under title 5, United States Code, that

would otherwise be applicable.

''(c) Inapplicability of Duration of Erroneous Coverage. - This

section shall apply regardless of the length of time the erroneous

coverage determination remained in effect.

''SEC. 2133. RETROACTIVE EFFECT.

''This chapter shall be effective as of January 1, 1987, except

that section 2132 shall not apply to individuals who made or were

deemed to have made elections similar to those provided in this

section under regulations prescribed by the Office before the

effective date of this title.

''CHAPTER 5 - EMPLOYEE WHO SHOULD HAVE BEEN CSRS-OFFSET COVERED,

BUT WHO WAS ERRONEOUSLY CSRS COVERED INSTEAD

''SEC. 2141. APPLICABILITY.

''This chapter shall apply in the case of any employee who should

be (or should have been) CSRS-Offset covered but, as a result of a

retirement coverage error, is (or was) CSRS covered instead.

''SEC. 2142. CORRECTION MANDATORY.

''(a) Uncorrected Error. - If the retirement coverage error has

not been corrected, as soon as practicable after discovery of the

error, such individual shall be covered under the correct

retirement coverage, effective as of the date of the retirement

coverage error.

''(b) Corrected Error. - If the retirement coverage error has

been corrected before the effective date of this title, the

corrective action taken before such date shall remain in effect.

''CHAPTER 6 - EMPLOYEE WHO SHOULD HAVE BEEN CSRS COVERED, BUT WHO

WAS ERRONEOUSLY CSRS-OFFSET COVERED INSTEAD

''SEC. 2151. APPLICABILITY.

''This chapter shall apply in the case of any employee who should

be (or should have been) CSRS covered but, as a result of a

retirement coverage error, is (or was) CSRS-Offset covered instead.

''SEC. 2152. CORRECTION MANDATORY.

''(a) Uncorrected Error. - If the retirement coverage error has

not been corrected, as soon as practicable after discovery of the

error, such individual shall be covered under the correct

retirement coverage, effective as of the date of the retirement

coverage error.

''(b) Corrected Error. - If the retirement coverage error has

been corrected before the effective date of this title, the

corrective action taken before such date shall remain in effect.

''SUBTITLE B - GENERAL PROVISIONS

''SEC. 2201. IDENTIFICATION AND NOTIFICATION REQUIREMENTS.

''Government agencies shall take all such measures as may be

reasonable and appropriate to promptly identify and notify

individuals who are (or have been) affected by a retirement

coverage error of their rights under this title.

''SEC. 2202. INFORMATION TO BE FURNISHED TO AND BY AUTHORITIES

ADMINISTERING THIS TITLE.

''(a) Applicability. - The authorities identified in this

subsection are -

''(1) the Director of the Office of Personnel Management;

''(2) the Commissioner of Social Security; and

''(3) the Executive Director of the Federal Retirement Thrift

Investment Board.

''(b) Authority To Obtain Information. - Each authority

identified in subsection (a) may secure directly from any

department or agency of the United States information necessary to

enable such authority to carry out its responsibilities under this

title. Upon request of the authority involved, the head of the

department or agency involved shall furnish that information to the

requesting authority.

''(c) Authority To Provide Information. - Each authority

identified in subsection (a) may provide directly to any department

or agency of the United States all information such authority

believes necessary to enable the department or agency to carry out

its responsibilities under this title.

''(d) Limitation; Safeguards. - Each of the respective

authorities under subsection (a) shall -

''(1) request or provide only such information as that

authority considers necessary; and

''(2) establish, by regulation or otherwise, appropriate

safeguards to ensure that any information obtained under this

section shall be used only for the purpose authorized.

''SEC. 2203. SERVICE CREDIT DEPOSITS.

''(a) CSRS Deposit. - In the case of a retirement coverage error

in which -

''(1) a FERS covered employee was erroneously CSRS covered or

CSRS-Offset covered;

''(2) the employee made a service credit deposit under the CSRS

rules; and

''(3) there is a subsequent retroactive change to FERS

coverage,

the excess of the amount of the CSRS civilian or military service

credit deposit over the FERS civilian or military service credit

deposit, together with interest computed in accordance with

paragraphs (2) and (3) of section 8334(e) of title 5, United States

Code, and regulations prescribed by the Office, shall be paid to

the employee, the annuitant or, in the case of a deceased employee,

to the individual entitled to lump-sum benefits under section

8424(d) of title 5, United States Code.

''(b) FERS Deposit. -

''(1) Applicability. - This subsection applies in the case of

an erroneous retirement coverage determination in which -

''(A) the employee owed a service credit deposit under

section 8411(f) of title 5, United States Code; and

''(B)(i) there is a subsequent retroactive change to CSRS or

CSRS-Offset coverage; or

''(ii) the service becomes creditable under chapter 83 of

title 5, United States Code.

''(2) Reduced annuity. -

''(A) In general. - If at the time of commencement of an

annuity there is remaining unpaid CSRS civilian or military

service credit deposit for service described under paragraph

(1), the annuity shall be reduced based upon the amount unpaid

together with interest computed in accordance with section

8334(e)(2) and (3) of title 5, United States Code, and

regulations prescribed by the Office.

''(B) Amount. - The reduced annuity to which the individual

is entitled shall be equal to an amount that, when taken

together with the amount referred to under subparagraph (A),

would result in the present value of the total being

actuarially equivalent to the present value of the unreduced

annuity benefit that would have been provided the individual.

''(3) Survivor annuity. -

''(A) In general. - If at the time of commencement of a

survivor annuity, there is remaining unpaid any CSRS service

credit deposit described under paragraph (1), and there has

been no actuarial reduction in an annuity under paragraph (2),

the survivor annuity shall be reduced based upon the amount

unpaid together with interest computed in accordance with

section 8334(e)(2) and (3) of title 5, United States Code, and

regulations prescribed by the Office.

''(B) Amount. - The reduced survivor annuity to which the

individual is entitled shall be equal to an amount that, when

taken together with the amount referred to under subparagraph

(A), would result in the present value of the total being

actuarially equivalent to the present value of an unreduced

survivor annuity benefit that would have been provided the

individual.

''SEC. 2204. PROVISIONS RELATED TO SOCIAL SECURITY COVERAGE OF

MISCLASSIFIED EMPLOYEES.

''(a) Definitions. - In this section, the term -

''(1) 'covered individual' means any employee, former employee,

or annuitant who -

''(A) is or was employed erroneously subject to CSRS coverage

as a result of a retirement coverage error; and

''(B) is or was retroactively converted to CSRS-offset

coverage, FERS coverage, or Social Security-Only coverage; and

''(2) 'excess CSRS deduction amount' means an amount equal to

the difference between the CSRS deductions withheld and the

CSRS-Offset or FERS deductions, if any, due with respect to a

covered individual during the entire period the individual was

erroneously subject to CSRS coverage as a result of a retirement

coverage error.

''(b) Reports to Commissioner of Social Security. -

''(1) In general. - In order to carry out the Commissioner of

Social Security's responsibilities under title II of the Social

Security Act (42 U.S.C. 401 et seq.), the Commissioner may

request the head of each agency that employs or employed a

covered individual to report (in coordination with the Office of

Personnel Management) in such form and within such timeframe as

the Commissioner may specify, any or all of -

''(A) the total wages (as defined in section 3121(a) of the

Internal Revenue Code of 1986 (26 U.S.C. 3121(a))) paid to such

individual during each year of the entire period of the

erroneous CSRS coverage; and

''(B) such additional information as the Commissioner may

require for the purpose of carrying out the Commissioner's

responsibilities under title II of the Social Security Act (42

U.S.C. 401 et seq.).

''(2) Compliance. - The head of an agency or the Office shall

comply with a request from the Commissioner under paragraph (1).

''(3) Wages. - For purposes of section 201 of the Social

Security Act (42 U.S.C. 401), wages reported under this

subsection shall be deemed to be wages reported to the Secretary

of the Treasury or the Secretary's delegates pursuant to subtitle

F of the Internal Revenue Code of 1986 (26 U.S.C. 6001 et seq.).

''(c) Payment Relating to OASDI Employee Taxes. - The Office

shall transfer from the Civil Service Retirement and Disability

Fund to the General Fund of the Treasury an amount equal to the

lesser of the excess CSRS deduction amount or the OASDI taxes due

for covered individuals (as adjusted by amounts transferred

relating to applicable OASDI employee taxes as a result of

corrections made, including corrections made before the date of the

enactment of this Act (Sept. 19, 2000)). If the excess CSRS

deductions exceed the OASDI taxes, any difference shall be paid to

the covered individual or survivors, as appropriate.

''(d) Payment of OASDI Employer Taxes. -

''(1) In general. - Each employing agency shall pay an amount

equal to the OASDI employer taxes owed with respect to covered

individuals during the applicable period of erroneous coverage

(as adjusted by amounts transferred for the payment of such taxes

as a result of corrections made, including corrections made

before the date of the enactment of this Act (Sept. 19, 2000)).

''(2) Payment. - Amounts paid under this subsection shall be

determined subject to any limitation under section 6501 of the

Internal Revenue Code of 1986 (26 U.S.C. 6501).

''SEC. 2205. THRIFT SAVINGS PLAN TREATMENT FOR CERTAIN INDIVIDUALS.

''(a) Applicability. - This section applies to an individual who

-

''(1) is eligible to make an election of coverage under section

2101 or 2102, and only if FERS coverage is elected (or remains in

effect) for the employee involved; or

''(2) is described in section 2111, and makes or has made

retroactive employee contributions to the Thrift Savings Fund

under regulations prescribed by the Executive Director.

''(b) Payment Into Thrift Savings Fund. -

''(1) In general. -

''(A) Payment. - With respect to an individual to whom this

section applies, the employing agency shall pay to the Thrift

Savings Fund under subchapter III of chapter 84 of title 5,

United States Code, for credit to the account of the employee

involved, an amount equal to the earnings which are disallowed

under section 8432a(a)(2) of such title on the employee's

retroactive contributions to such Fund.

''(B) Amount. - Earnings under subparagraph (A) shall be

computed in accordance with the procedures for computing lost

earnings under section 8432a of title 5, United States Code.

The amount paid by the employing agency shall be treated for

all purposes as if that amount had actually been earned on the

basis of the employee's contributions.

''(C) Exceptions. - If an individual made retroactive

contributions before the effective date of the regulations

under section 2101(c), the Director may provide for an

alternative calculation of lost earnings to the extent that a

calculation under subparagraph (B) is not administratively

feasible. The alternative calculation shall yield an amount

that is as close as practicable to the amount computed under

subparagraph (B), taking into account earnings previously paid.

''(2) Additional employee contribution. - In cases in which the

retirement coverage error was corrected before the effective date

of the regulations under section 2101(c), the employee involved

shall have an additional opportunity to make retroactive

contributions for the period of the retirement coverage error

(subject to applicable limits), and such contributions (including

any contributions made after the date of the correction) shall be

treated in accordance with paragraph (1).

''(c) Regulations. -

''(1) Executive director. - The Executive Director shall

prescribe regulations appropriate to carry out this section

relating to retroactive employee contributions and payments made

on or after the effective date of the regulations under section

2101(c).

''(2) Office. - The Office, in consultation with the Federal

Retirement Thrift Investment Board, shall prescribe regulations

appropriate to carry out this section relating to the calculation

of lost earnings on retroactive employee contributions made

before the effective date of the regulations under section

2101(c).

''SEC. 2206. CERTAIN AGENCY AMOUNTS TO BE PAID INTO OR REMAIN IN

THE CSRDF.

''(a) Certain Excess Agency Contributions To Remain in the CSRDF.

-

''(1) In general. - Any amount described under paragraph (2)

shall -

''(A) remain in the CSRDF; and

''(B) may not be paid or credited to an agency.

''(2) Amounts. - Paragraph (1) refers to any amount of

contributions made by an agency under section 8423 of title 5,

United States Code, on behalf of any employee, former employee,

or annuitant (or survivor of such employee, former employee, or

annuitant) who makes an election to correct a retirement coverage

error under this title, that the Office determines to be excess

as a result of such election.

''(b) Additional Employee Retirement Deductions To Be Paid by

Agency. - If a correction in a retirement coverage error results in

an increase in employee deductions under section 8334 or 8422 of

title 5, United States Code, that cannot be fully paid by a

reallocation of otherwise available amounts previously deducted

from the employee's pay as employment taxes or retirement

deductions, the employing agency -

''(1) shall pay the required additional amount into the CSRDF;

and

''(2) shall not seek repayment of that amount from the

employee, former employee, annuitant, or survivor.

''SEC. 2207. CSRS COVERAGE DETERMINATIONS TO BE APPROVED BY OPM.

''No agency shall place an individual under CSRS coverage unless

-

''(1) the individual has been employed with CSRS coverage

within the preceding 365 days; or

''(2) the Office has agreed in writing that the agency's

coverage determination is correct.

''SEC. 2208. DISCRETIONARY ACTIONS BY DIRECTOR.

''(a) In General. - The Director of the Office of Personnel

Management may -

''(1) extend the deadlines for making elections under this

title in circumstances involving an individual's inability to

make a timely election due to a cause beyond the individual's

control;

''(2) provide for the reimbursement of necessary and reasonable

expenses incurred by an individual with respect to settlement of

a claim for losses resulting from a retirement coverage error,

including attorney's fees, court costs, and other actual

expenses;

''(3) compensate an individual for monetary losses that are a

direct and proximate result of a retirement coverage error,

excluding claimed losses relating to forgone contributions and

earnings under the Thrift Savings Plan under subchapter III of

chapter 84 of title 5, United States Code, and all other

investment opportunities; and

''(4) waive payments required due to correction of a retirement

coverage error under this title.

''(b) Similar Actions. - In exercising the authority under this

section, the Director shall, to the extent practicable, provide for

similar actions in situations involving similar circumstances.

''(c) Judicial Review. - Actions taken under this section are

final and conclusive, and are not subject to administrative or

judicial review.

''(d) Regulations. - The Office of Personnel Management shall

prescribe regulations regarding the process and criteria used in

exercising the authority under this section.

''(e) Report. - The Office of Personnel Management shall, not

later than 180 days after the date of the enactment of this Act

(Sept. 19, 2000), and annually thereafter for each year in which

the authority provided in this section is used, submit a report to

each House of Congress on the operation of this section.

''SEC. 2209. REGULATIONS.

''(a) In General. - In addition to the regulations specifically

authorized in this title, the Office may prescribe such other

regulations as are necessary for the administration of this title.

''(b) Former Spouse. - The regulations prescribed under this

title shall provide for protection of the rights of a former spouse

with entitlement to an apportionment of benefits or to survivor

benefits based on the service of the employee.

''SUBTITLE C - OTHER PROVISIONS

''SEC. 2301. PROVISIONS TO AUTHORIZE CONTINUED CONFORMITY OF OTHER

FEDERAL RETIREMENT SYSTEMS.

''(a) Foreign Service. - Sections 827 and 851 of the Foreign

Service Act of 1980 (22 U.S.C. 4067 and 4071) shall apply with

respect to this title in the same manner as if this title were part

of -

''(1) the Civil Service Retirement System, to the extent this

title relates to the Civil Service Retirement System; and

''(2) the Federal Employees' Retirement System, to the extent

this title relates to the Federal Employees' Retirement System.

''(b) Central Intelligence Agency. - Sections 292 and 301 of the

Central Intelligence Agency Retirement Act (50 U.S.C. 2141 and

2151) shall apply with respect to this title in the same manner as

if this title were part of -

''(1) the Civil Service Retirement System, to the extent this

title relates to the Civil Service Retirement System; and

''(2) the Federal Employees' Retirement System, to the extent

this title relates to the Federal Employees' Retirement System.

''SEC. 2302. AUTHORIZATION OF PAYMENTS.

''All payments authorized or required by this title to be paid

from the Civil Service Retirement and Disability Fund, together

with administrative expenses incurred by the Office in

administering this title, shall be deemed to have been authorized

to be paid from that Fund, which is appropriated for the payment

thereof.

''SEC. 2303. INDIVIDUAL RIGHT OF ACTION PRESERVED FOR AMOUNTS NOT

OTHERWISE PROVIDED FOR UNDER THIS TITLE.

''Nothing in this title shall preclude an individual from

bringing a claim against the Government of the United States which

such individual may have under section 1346(b) or chapter 171 of

title 28, United States Code, or any other provision of law (except

to the extent the claim is for any amounts otherwise provided for

under this title).

''SUBTITLE D - EFFECTIVE DATE

''SEC. 2401. EFFECTIVE DATE.

''Except as otherwise provided in this title, this title shall

take effect on the date of the enactment of this Act (Sept. 19,

2000).''

FEDERAL EMPLOYEES' RETIREMENT SYSTEM OPEN ENROLLMENT ACT OF 1997

Pub. L. 105-61, title VI, Sec. 642(a)-(c), Oct. 10, 1997, 111

Stat. 1318, as amended by Pub. L. 105-66, title III, Sec. 348, Oct.

27, 1997, 111 Stat. 1451, known as the ''Federal Employees'

Retirement System Open Enrollment Act of 1997'', provided that any

individual who, as of Jan. 1, 1998, was employed by the Federal

Government, and on such date was subject to subchapter III of

chapter 83 of this title, other than a Member of Congress, could

elect to become subject to chapter 84 of this title, and directed

Office of Personnel Management to promulgate regulations which

would provide for an election to be made not before July 1, 1998,

or after Dec. 31, 1998.

PILOT PROGRAMS FOR DEFENSE EMPLOYEES CONVERTED TO CONTRACTOR

EMPLOYEES DUE TO PRIVATIZATION AT CLOSED MILITARY INSTALLATIONS

Pub. L. 104-201, div. A, title XVI, Sec. 1616, Sept. 23, 1996,

110 Stat. 2741, provided that:

''(a) Pilot Programs Authorized. - (1) The Secretary of Defense,

after consultation with the Director of the Office of Personnel

Management, may establish one or more pilot programs under which

Federal retirement benefits are provided in accordance with this

section to persons who convert from Federal employment to

employment by a Department of Defense contractor in connection with

the privatization of the performance of functions at selected

military installations being closed under the base closure and

realignment process.

''(2) The Secretary of Defense shall select the military

installations to be covered by a pilot program under this section.

''(b) Eligible Converted Employees. - (1) A person is a converted

employee eligible for Federal retirement benefits under this

section if the person is a former employee of the Department of

Defense (other than a temporary employee) who -

''(A) while employed by the Department of Defense at a military

installation selected to participate in a pilot program,

performed a function that was recommended, in a report of the

Defense Base Closure and Realignment Commission submitted to the

President under the Defense Base Closure and Realignment Act of

1990 ((part A of) title XXIX of Public Law 101-510; 10 U.S.C.

2687 note), to be privatized for performance by a defense

contractor at the same installation or in the vicinity of the

installation;

''(B) while so employed, separated from Federal service after

being notified that the employee would be separated in a

reduction in force resulting from such privatization;

''(C) at the time separated from Federal service, was covered

under the Civil Service Retirement System, but was not eligible

for an immediate annuity under the Civil Service Retirement

System;

''(D) does not withdraw retirement contributions under section

8342 of title 5, United States Code;

''(E) within 60 days following such separation, is employed by

the defense contractor selected to privatize the function to

perform substantially the same function performed by the person

before the separation; and

''(F) remains employed by the defense contractor (or a

successor defense contractor) or subcontractor of the defense

contractor (or successor defense contractor) until attaining

early deferred retirement age (unless the employment is sooner

involuntarily terminated for reasons other than performance or

conduct of the employee).

''(2) A person who, under paragraph (1), would otherwise be

eligible for an early deferred annuity under this section shall not

be eligible for such benefits if the person received separation pay

or severance pay due to a separation described in subparagraph (B)

of that paragraph unless the person repays the full amount of such

pay with interest (computed at a rate determined appropriate by the

Director of the Office of Personnel Management) to the Department

of Defense before attaining early deferred retirement age.

''(c) Retirement Benefits of Converted Employees. - In the case

of a converted employee covered by a pilot program, payment of a

deferred annuity for which the converted employee is eligible under

section 8338(a) of title 5, United States Code, shall commence on

the first day of the first month that begins after the date on

which the converted employee attains early deferred retirement age,

notwithstanding the age requirement under that section. If the

employment of a converted employee is involuntarily terminated by

the defense contractor or subcontractor as described in subsection

(b)(1)(F) and the converted employee resumes Federal service before

the converted employee attains early deferred retirement age, the

converted employee shall once again be covered under the Civil

Service Retirement System instead of the pilot program.

''(d) Computation of Average Pay. - (1)(A) This paragraph applies

to a converted employee who was employed in a position classified

under the General Schedule immediately before the employee's

covered separation from Federal service.

''(B) Subject to subparagraph (C), for purposes of computing the

deferred annuity for a converted employee referred to in

subparagraph (A), the average pay of the converted employee,

computed under section 8331(4) of title 5, United States Code, as

of the date of the employee's covered separation from Federal

service, shall be adjusted at the same time and by the same

percentage that rates of basic pay are increased under section 5303

of such title during the period beginning on that date and ending

on the date on which the converted employee attains early deferred

retirement age.

''(C) The average pay of a converted employee, as adjusted under

subparagraph (B), may not exceed the amount to which an annuity of

the converted employee could be increased under section 8340 of

title 5, United States Code, in accordance with the limitation in

subsection (g)(1) of such section (relating to maximum pay, final

pay, or average pay).

''(2)(A) This paragraph applies to a converted employee who was a

prevailing rate employee (as defined under section 5342(2)

(5342(a)(2)) of title 5, United States Code) immediately before the

employee's covered separation from Federal service.

''(B) For purposes of computing the deferred annuity for a

converted employee referred to in subparagraph (A), the average pay

of the converted employee, computed under section 8331(4) of title

5, United States Code, as of the date of the employee's covered

separation from Federal service, shall be adjusted at the same time

and by the same percentage that pay rates for positions that are in

the same area as, and are comparable to, the last position the

converted employee held as a prevailing rate employee, are

increased under section 5343(a) of such title during the period

beginning on that date and ending on the date on which the

converted employee attains early deferred retirement age.

''(e) Payment of Unfunded Liability. - (1) The military

department concerned shall be liable for that portion of any

estimated increase in the unfunded liability of the Civil Service

Retirement and Disability Fund established under section 8348 of

title 5, United States Code, which is attributable to any benefits

payable from such Fund to a converted employee, and any survivor of

a converted employee, when the increase results from -

''(A) an increase in the average pay of the converted employee

under subsection (d) upon which such benefits are computed; and

''(B) the commencement of an early deferred annuity in

accordance with this section before the attainment of 62 years of

age by the converted employee.

''(2) The estimated increase in the unfunded liability for each

department referred to in paragraph (1) shall be determined by the

Director of the Office of Personnel Management. In making the

determination, the Director shall consider any savings to the Fund

as a result of a pilot program established under this section. The

Secretary of the military department concerned shall pay the amount

so determined to the Director in 10 equal annual installments with

interest computed at the rate used in the most recent valuation of

the Civil Service Retirement System, with the first payment thereof

due at the end of the fiscal year in which an increase in average

pay under subsection (d) becomes effective.

''(f) Contractor Service Not Creditable. - Service performed by a

converted employee for a defense contractor after the employee's

covered separation from Federal service is not creditable service

for purposes of subchapter III of chapter 83 of title 5, United

States Code.

''(g) Receipt of Benefits While Employed by a Defense Contractor.

- A converted employee may commence receipt of an early deferred

annuity in accordance with this section while continuing to work

for a defense contractor.

''(h) Lump-Sum Credit Payment. - If a converted employee dies

before attaining early deferred retirement age, such employee shall

be treated as a former employee who dies not retired for purposes

of payment of the lump-sum credit under section 8342(d) of title 5,

United States Code.

''(i) Continued Federal Health Benefits Coverage. -

Notwithstanding section 8905a(e)(1)(A) of title 5, United States

Code, the continued coverage of a converted employee for health

benefits under chapter 89 of such title by reason of the

application of section 8905a of such title to such employee shall

terminate 90 days after the date of the employee's covered

separation from Federal employment. For the purposes of the

preceding sentence, a person who, except for subsection (b)(2),

would be a converted employee shall be considered a converted

employee.

''(j) Report by General Accounting Office. - The Comptroller

General shall conduct a study of each pilot program, if any,

established under this section and submit a report on the pilot

program to Congress not later than two years after the date on

which the program is established. The report shall contain the

following:

''(1) A review and evaluation of the program, including -

''(A) an evaluation of the success of the privatization

outcomes of the program;

''(B) a comparison and evaluation of such privatization

outcomes with the privatization outcomes with respect to

facilities at other military installations closed or realigned

under the base closure laws;

''(C) an evaluation of the impact of the program on the

Federal workforce and whether the program results in the

maintenance of a skilled workforce for defense contractors at

an acceptable cost to the military department concerned; and

''(D) an assessment of the extent to which the program is a

cost-effective means of facilitating privatization of the

performance of Federal activities.

''(2) Recommendations relating to the expansion of the program

to other installations and employees.

''(3) Any other recommendation relating to the program.

''(k) Implementing Regulations. - Not later than 30 days after

the Secretary of Defense notifies the Director of the Office of

Personnel Management of a decision to establish a pilot program

under this section, the Director shall prescribe regulations to

carry out the provisions of this section with respect to that pilot

program. Before prescribing the regulations, the Director shall

consult with the Secretary.

''(l) Definitions. - In this section:

''(1) The term 'converted employee' means a person who,

pursuant to subsection (b), is eligible for benefits under this

section.

''(2) The term 'covered separation from Federal service' means

a separation from Federal service as described under subsection

(b)(1)(B).

''(3) The term 'Civil Service Retirement System' means the

retirement system under subchapter III of chapter 83 of title 5,

United States Code.

''(4) The term 'defense contractor' means any entity that -

''(A) contracts with the Department of Defense to perform a

function previously performed by Department of Defense

employees;

''(B) performs that function at the same installation at

which such function was previously performed by Department of

Defense employees or in the vicinity of that installation; and

''(C) is the employer of one or more converted employees.

''(5) The term 'early deferred retirement age' means the first

age at which a converted employee would have been eligible for

immediate retirement under subsection (a) or (b) of section 8336

of title 5, United States Code, if such converted employee had

remained an employee within the meaning of section 8331(1) of

such title continuously until attaining such age.

''(6) The term 'severance pay' means severance pay payable

under section 5595 of title 5, United States Code.

''(7) The term 'separation pay' means separation pay payable

under section 5597 of title 5, United States Code.

''(m) Application of Pilot Program. - In the event that a pilot

program is established for a military installation, the pilot

program shall apply to a covered separation from Federal service by

an employee of the Department of Defense at the installation

occurring on or after August 1, 1996.''

ADDITIONAL AGENCY CONTRIBUTIONS TO RETIREMENT FUND

Pub. L. 103-226, Sec. 4, Mar. 30, 1994, 108 Stat. 114, as amended

by Pub. L. 104-52, title IV, Sec. 3, Nov. 19, 1995, 109 Stat. 490,

provided that:

''(a) Relating to Voluntary Separation Incentive Payments. -

''(1) In general. - In addition to any other payments which it

is required to make under subchapter III of chapter 83 of title

5, United States Code, an agency shall remit to the Office of

Personnel Management for deposit in the Treasury of the United

States to the credit of the Civil Service Retirement and

Disability Fund an amount equal to 9 percent of the final basic

pay of each employee of the agency -

''(A) who, on or after the date of the enactment of this Act

(Mar. 30, 1994) retires under section 8336(d)(2) of such title;

and

''(B) to whom a voluntary separation incentive payment has

been or is to be paid by such agency based on that retirement.

''(2) Definitions. - For the purpose of this subsection -

''(A) the term 'final basic pay', with respect to an

employee, means the total amount of basic pay which would be

payable for a year of service by such employee, computed using

the employee's final rate of basic pay, and, if last serving on

other than a full-time basis, with appropriate adjustment

therefor; and

''(B) the term 'voluntary separation incentive payment' means

-

''(i) a voluntary separation incentive payment under

section 3 (5 U.S.C. 5597 note) (including under any program

established under section 3(f)); and

''(ii) any separation pay under section 5597 of title 5,

United States Code, or section 2 of the Central Intelligence

Agency Voluntary Separation Pay Act (Public Law 103-36; 107

Stat. 104 (50 U.S.C. 403-4 note)).

''(b) Relating to Fiscal Years 1995 Through 1998. -

''(1) In general. - In addition to any other payments which it

is required to make under subchapter III of chapter 83 or chapter

84 of title 5, United States Code, in fiscal years 1995, 1996,

1997, and 1998 (and in addition to any amounts required under

subsection (a)), each agency shall, before the end of each such

fiscal year, remit to the Office of Personnel Management for

deposit in the Treasury of the United States to the credit of the

Civil Service Retirement and Disability Fund an amount equal to

the product of -

''(A) the number of employees of such agency who, as of March

31st of such fiscal year, are subject to subchapter III of

chapter 83 or chapter 84 of such title; multiplied by

''(B) $80.

''(2) Definition. - For the purpose of this subsection, the

term 'agency' means an Executive agency (as defined by section

105 of title 5, United States Code), but does not include the

General Accounting Office.

''(c) Regulations. - The Director of the Office of Personnel

Management may prescribe any regulations necessary to carry out

this section.''

COORDINATION WITH PAY PERIODS

Pub. L. 99-556, title V, Sec. 505, Oct. 27, 1986, 100 Stat. 3141,

provided that: ''Under regulations prescribed by the Office of

Personnel Management, any reference to a specific date in section

302, 303, 305 (5 U.S.C. 8331 notes), or 702(a) (5 U.S.C. 8401 note)

of the Federal Employees' Retirement System Act of 1986 (Public Law

99-335; 100 Stat. 514) shall, for purposes of individual

contributions (including deductions from basic pay), Government

contributions, and refunds, be deemed to be a reference to the

first day of the first applicable pay period beginning on or after

such date, or to the day before such first day, as appropriate.''

CONTINUED COVERAGE UNDER CERTAIN FEDERAL EMPLOYEE BENEFIT PROGRAMS

FOR CERTAIN EMPLOYEES OF SAINT ELIZABETHS HOSPITAL

Pub. L. 99-335, title II, Sec. 207(o), as added by Pub. L.

100-238, title I, Sec. 109(a), Jan. 8, 1988, 101 Stat. 1748,

provided that: ''An employee of Saint Elizabeths Hospital who is

appointed to a position in the government of the District of

Columbia on October 1, 1987, pursuant to the Saint Elizabeths

Hospital and District of Columbia Mental Health Services Act

(Public Law 98-621; 98 Stat. 3369 and following) (see Short Title

note set out under section 225 of Title 24, Hospitals and Asylums)

shall, for purposes of chapters 83, 87, and 89 of title 5, United

States Code, be treated in the same way as an individual first

employed by the government of the District of Columbia before

October 1, 1987.''

(Section 109(b) of Pub. L. 100-238 provided that: ''The amendment

made by this section (enacting note above) shall be effective as of

October 1, 1987.'')

ELECTION OF COVERAGE UNDER CHAPTER 84

Sections 301-303 of Pub. L. 99-335, as amended by Pub. L. 99-556,

title III, Sec. 301, 302, Oct. 27, 1986, 100 Stat. 3135, 3136; Pub.

L. 100-20, Sec. 1(a), Apr. 7, 1987, 101 Stat. 265; Pub. L. 100-238,

title I, Sec. 106, 107, 113(a)(1), 118, 119, 134(b), (c), Jan. 8,

1988, 101 Stat. 1746, 1747, 1750, 1752, 1764, 1765, provided that:

''SEC. 301. ELECTIONS.

''(a) Elections for Individuals Subject to the Civil Service

Retirement System. - (1)(A) Any individual (other than an

individual under subsection (b)) who, as of June 30, 1987, is

employed by the Federal Government, and who is then subject to

subchapter III of chapter 83 of title 5, United States Code, may

elect to become subject to chapter 84 of such title.

''(B) An election under this paragraph may not be made before

July 1, 1987, or after December 31, 1987.

''(2)(A) Any individual who, after June 30, 1987, becomes

reemployed by the Federal Government, and who is then subject to

subchapter III of chapter 83 of title 5, United States Code, may

elect to become subject to chapter 84 of such title.

''(B) An election under this paragraph shall not be effective

unless it is made during the six-month period beginning on the date

on which reemployment commences.

''(3)(A) Except as provided in subparagraph (B), any individual -

''(i) who is excluded from the operation of subchapter III of

chapter 83 of title 5, United States Code, under subsection (g),

(i), (j), or (l) of section 8347 of such title, and

''(ii) with respect to whom chapter 84 of title 5, United

States Code, does not apply because of section 8402(b)(2) of such

title,

shall, for purposes of an election under paragraph (1) or (2), be

treated as if such individual were subject to subchapter III of

chapter 83 of title 5, United States Code.

''(B) An election under this paragraph may not be made by any

individual who would be excluded from the operation of chapter 84

of title 5, United States Code, under section 8402(c) of such title

(relating to exclusions based on the temporary or intermittent

nature of one's employment).

''(4) A member of the Foreign Service described in section 103(6)

of the Foreign Service Act of 1980 (22 U.S.C. 3903(6)) shall be

ineligible to make any election under this subsection.

''(b) Elections for Certain Individuals Serving Continuously

Since December 31, 1983. - The following rules shall apply in the

case of any individual described in section 8402(b)(1) of title 5,

United States Code:

''(1) If, as of December 31, 1986, the individual is subject to

subchapter III of chapter 83 of title 5, United States Code, but

is not subject to section 204 of the Federal Employees'

Retirement Contribution Temporary Adjustment Act of 1983 (section

204 of Pub. L. 98-168, set out below), the individual shall

remain so subject to such subchapter unless the individual

elects, after June 30, 1987, and before January 1, 1988 -

''(A) to become subject to such subchapter under the same

terms and conditions as apply in the case of an individual

described in section 8402(b)(2) of such title who is subject to

such subchapter; or

''(B) to become subject to chapter 84 of such title.

An individual eligible to make an election under this paragraph

may make the election described in subparagraph (A) or (B), but

not both.

''(2) If, as of December 31, 1986, the individual is subject to

subchapter III of chapter 83 of title 5, United States Code, and

is also subject to section 204 of the Federal Employees'

Retirement Contribution Temporary Adjustment Act of 1983 (set out

below), the individual -

''(A) shall, as of January 1, 1987, become subject to such

subchapter under the same terms and conditions as apply in the

case of an individual described in section 8402(b)(2) of such

title who is subject to such subchapter; and

''(B) may (during the six-month period described in

subsection (a)(1)(B)) elect to become subject to chapter 84 of

such title.

''(3)(A) If, as of December 31, 1986, the individual is not

subject to subchapter III of chapter 83 of title 5, United States

Code, such individual may, during the 6-month period described in

subsection (a)(1)(B) -

''(i) elect to become subject to chapter 84 of such title; or

''(ii) if such individual has not since made an election

described in subparagraph (B), elect to become subject to

subchapter III of chapter 83 of such title under the same terms

and conditions as apply in the case of an individual described

in section 8402(b)(2) of such title who is subject to such

subchapter.

''(B) Nothing in this paragraph shall be considered to preclude

the individual from electing to become subject to subchapter III

of chapter 83 of such title pursuant to notification under

section 8331(2) of such title -

''(i) during the period after December 31, 1986, and before

July 1, 1987; or

''(ii) after December 31, 1987, if such individual has not

since become subject to subchapter III of chapter 83, or

chapter 84, of such title.

''(C) Any individual who becomes subject to subchapter III of

chapter 83 of such title pursuant to notification under section

8331(2) of such title after December 31, 1986, shall become

subject to such subchapter under the same terms and conditions as

apply in the case of an individual described in section

8402(b)(2) of such title who is subject to such subchapter.

''(c) Effective Date; Irrevocability. - An election made under

this section -

''(1) shall take effect beginning with the first pay period

beginning after the date of the election; and

''(2) shall be irrevocable.

''(d) Condition for Making an Election; Extension To Satisfy

Condition. - (1) An election under this section to become subject

to chapter 84 of title 5, United States Code, shall not be

considered effective in the case of an individual having one or

more former spouses, unless the election is made with the written

consent of such former spouse (or each such former spouse, if there

is more than one).

''(2)(A) This subsection applies with respect to a former spouse

who (based on the service of the individual involved) is entitled

to benefits under section 8341(h) or 8345(j) of title 5, United

States Code, under the terms of a decree of divorce or annulment,

or a court order or court-approved property settlement incident to

any such decree, with respect to which the Office of Personnel

Management has been duly notified.

''(B) This subsection does not apply with respect to a former

spouse who has ceased to be so entitled as a result of remarrying

before age 55.

''(3) The requirement under paragraph (1) shall be considered

satisfied with respect to a former spouse if the individual seeking

to make the election establishes to the satisfaction of the Office

(in accordance with regulations prescribed by the Office) -

''(A) that the former spouse's whereabouts cannot be

determined; or

''(B) that, due to exceptional circumstances, requiring the

individual to seek the former spouse's consent would otherwise be

inappropriate.

''(4)(A) The Office shall, upon application of an individual,

grant an extension for such individual to make an election referred

to in paragraph (1) if such individual -

''(i) files application for extension before the end of the

period during which such individual would otherwise be eligible

to make such election; and

''(ii) demonstrates to the satisfaction of the Office that the

extension is needed to secure the modification of a decree of

divorce or annulment (or a court order or court-approved property

settlement incident to any such decree) in order to satisfy the

consent requirement under paragraph (1).

''(B) An extension under this paragraph shall be for 6 months or

for such longer period as the Office considers appropriate.

''(e) Exclusions. - This section does not apply to an individual

under section 8331(1)(G) of title 5, United States Code.

''SEC. 302. EFFECT OF AN ELECTION UNDER SECTION 301 TO BECOME

SUBJECT TO THE FEDERAL EMPLOYEES' RETIREMENT SYSTEM.

''(a) General and Special Rules. - All provisions of chapter 84

of title 5, United States Code (including those relating to

disability benefits, survivor benefits, and any reductions to

provide for survivor benefits) shall apply with respect to any

individual who becomes subject to such chapter pursuant to an

election under section 301, except if, or to the extent that, such

provisions are inconsistent with the following:

''(1)(A) Any civilian service which is performed before the

effective date of the election under section 301 shall not be

creditable under chapter 84 of title 5, United States Code,

except as otherwise provided in this subsection.

''(B) Any service described in subparagraph (A) which is

covered service within the meaning of section 203(a)(3) of the

Federal Employees' Retirement Contribution Temporary Adjustment

Act of 1983 (97 Stat. 1107; 5 U.S.C. 8331 note) (hereinafter in

this section referred to as 'covered service') shall be

creditable under chapter 84 of title 5, United States Code, if -

''(i) with respect to any such service performed before

January 1, 1987, 1.3 percent of basic pay for such service was

withheld in accordance with such Act or, if either such

withholding was not made or was made, but the amount so

withheld was subsequently refunded, 1.3 percent of basic pay

for such period is deposited to the credit of the Civil Service

Retirement and Disability Fund (hereinafter in this section

referred to as the 'Fund'), with interest (computed under

section 8334(e) of such title); and

''(ii) with respect to any such service performed after

December 31, 1986, and before the effective date of the

election, an amount equal to the percentage of basic pay for

such service which would be required to be withheld under

section 8422(a) of title 5, United States Code, has been

contributed to the Fund by the individual involved, whether by

withholdings from pay or, if either no withholding was made or

was made, but the amount withheld was subsequently refunded,

the aforementioned percentage of basic pay for such period is

deposited to the credit of the Fund, with interest (computed

under section 8334(e) of such title).

''(C) Any service described in subparagraph (A) -

''(i) which is not covered service;

''(ii) which constitutes service of a type described in

section 8411(b)(3) of title 5, United States Code (determined

without regard to whether such service was performed before,

on, or after January 1, 1989, and without regard to the

provisions of section 8411(f) of such title); and

''(iii) which, in the aggregate, is equal to less than 5

years;

shall be creditable under chapter 84 of such title, subject to

section 8411(f) of such title.

''(D) Any service described in subparagraph (A) -

''(i) which is not covered service;

''(ii) which constitutes service of a type described in

section 8411(b)(3) of title 5, United States Code (determined

without regard to whether such service was performed before,

on, or after January 1, 1989, and without regard to the

provisions of section 8411(f) of such title); and

''(iii) which, in the aggregate, is equal to 5 years or more;

shall be creditable for purposes of -

''(I) section 8410 of such title, relating to the minimum

period of civilian service required to be eligible for an

annuity;

''(II) any provision of section 8412 (other than subsection

(d) or (e) thereof), 8413, 8414, 8442(b)(1), 8443(a)(1), or

8451 of such title which relates to a minimum period of service

for entitlement to an annuity;

''(III) the provisions of paragraphs (4) and (6);

''(IV) any provision of section 8412(d) of such title which

relates to a minimum period of service for entitlement to an

annuity, but only if and to the extent that the service

described in subparagraph (A) was as a law enforcement officer

or firefighter;

''(V) any provision of section 8412(e) of such title which

relates to a minimum period of service for entitlement to an

annuity, but only if and to the extent that the service

described in subparagraph (A) was as an air traffic controller;

and

''(VI) the provision of subsection (g) of section 8415 which

relates to the minimum period of service required to qualify

for the higher accrual rate under such subsection.

''(2)(A) Except as provided in subparagraph (B), the

creditability under chapter 84 of title 5, United States Code, of

any military service which is performed before the effective date

of the election under section 301 shall be determined in

accordance with applicable provisions of such chapter.

''(B) If the electing individual has performed service

described in clauses (i) through (iii) of paragraph (1)(D),

service described in subparagraph (A) which, but for the

provisions of subsection (b), would be creditable under

subchapter III of chapter 83 of title 5, United States Code, as

in effect on December 31, 1986, shall be creditable for purposes

of -

''(i) any provision of section 8412 (other than subsection

(d) or (e) thereof), 8413, or 8414 of such title which relates

to a minimum period of service for entitlement to an annuity;

and

''(ii) the provisions of paragraph (4).

''(3)(A)(i) If the electing individual becomes entitled to an

annuity under subchapter II of chapter 84 of title 5, United

States Code, or dies leaving a survivor or survivors entitled to

benefits under subchapter IV of such chapter, the annuity for

such individual shall be equal to the sum of the individual's

accrued benefits under the Civil Service Retirement System (as

determined under paragraph (4)) and the individual's accrued

benefits under the Federal Employees' Retirement System (as

determined under paragraph (5)).

''(ii) An annuity computed under this subparagraph shall be

deemed to be the individual's annuity computed under section 8415

of title 5, United States Code.

''(B) If the electing individual becomes entitled to an annuity

under subchapter V of chapter 84 of title 5, United States Code,

and if it becomes necessary to compute an annuity under section

8415 of such title with respect to such individual as a result of

such individual's having become so entitled, the methodology set

forth in subparagraph (A) shall be used in computing any such

annuity under section 8415.

''(4) Accrued benefits under this paragraph shall be computed

in accordance with applicable provisions of subchapter III of

chapter 83 of title 5, United States Code (but without regard to

subsection (j) or (k), or the second sentence of subsection (e),

of section 8339 of such title) using only any civilian service

under paragraph (1)(D), and any military service under paragraph

(2)(B), which would be creditable for purposes of computing an

annuity under such subchapter. Notwithstanding the preceding

sentence, in computing accrued benefits under this paragraph for

an individual retiring under section 8412(g) or 8413(b) of title

5, United States Code, section 8339(h) of such title (relating to

reductions based on age at date of separation) shall not apply.

''(5) Accrued benefits under this paragraph shall be computed

under section 8415 of title 5, United States Code, using -

''(A) total service creditable under chapter 84 of such title

which is performed on or after the effective date of the

election under section 301; and

''(B) with respect to service performed before such effective

date -

''(i) creditable civilian service (as determined under

applicable provisions of this subsection) other than any

service described in paragraph (1)(D); and

''(ii) creditable military service (as determined under

applicable provisions of this subsection) other than any

service described in paragraph (2)(B).

''(6)(A) For purposes of any computation under paragraph (4) or

(5), the average pay to be used shall be the largest annual rate

resulting from averaging the individual's rates of basic pay in

effect over any 3 consecutive years of creditable service or, in

the case of an annuity based on service of less than 3 years,

over the total period of service so creditable, with each rate

weighted by the period it was in effect.

''(B) For purposes of subparagraph (A), service shall be

considered creditable if it would be considered creditable for

purposes of determining average pay under chapter 83 or 84 of

title 5, United States Code.

''(7) The cost-of-living adjustments for the annuity of the

electing individual shall be made as follows:

''(A) The portion of the annuity attributable to paragraph

(4) shall be adjusted at the time and in the amount provided

for under section 8340 of title 5, United States Code.

''(B) The portion of the annuity attributable to paragraph

(5) shall be adjusted at the time and in the amount provided

for under section 8462 of title 5, United States Code.

''(8) For purposes of any computation under paragraph (4) in

the case of an individual who retires under section 8412 or 8414

of title 5, United States Code, or who dies leaving a survivor or

survivors entitled to benefits under subchapter IV of such

chapter, sick leave creditable under section 8339(m) of such

title shall be equal to the number of days of unused sick leave

to the individual's credit as of the date of retirement or as of

the effective date of the individual's election under section

301, whichever is less.

''(9) In computing the annuity under paragraph (3) for an

individual retiring under section 8412(g) or 8413(b) of title 5,

United States Code, the reduction under section 8415(f) of such

title shall apply with respect to the sum computed under such

paragraph.

''(10) An annuity supplement under section 8421 of title 5,

United States Code, shall be computed using the same service as

is used for the computation under paragraph (5).

''(11) Effective from its commencing date, an annuity payable

to an annuitant's survivor (other than a child under section 8443

of title 5, United States Code) shall be increased by the total

percent by which the deceased annuitant's annuity was increased

under paragraph (7).

''(12)(A)(i) If the electing individual is a reemployed

annuitant under section 8344 of title 5, United States Code,

under conditions allowing the annuity to continue during

reemployment, payment of the annuitant's annuity shall continue

after the effective date of the election, and an amount equal to

the annuity allocable to the period of actual employment shall

continue to be deducted from the annuitant's pay and deposited as

provided in subsection (a) of such section. Deductions from pay

under section 8422(a) of such title and contributions under

section 8423 of such title shall begin effective on the effective

date of the election.

''(ii) Notwithstanding any provision of section 301, an

election under such section shall not be available to any

reemployed annuitant who would be excluded from the operation of

chapter 84 of title 5, United States Code, under section 8402(c)

of such title (relating to exclusions based on the temporary or

intermittent nature of one's employment).

''(B) If the annuitant serves on a full-time basis for at least

1 year, or on a part-time basis for periods equivalent to at

least 1 year of full-time service, such annuitant's annuity, on

termination of reemployment, shall be increased by an annuity

computed -

''(i) with respect to reemployment service before the

effective date of the election, under section 8339(a), (b),

(d), (e), (h), (i), and (n) of title 5, United States Code, as

may apply based on the reemployment in which such annuitant was

engaged before such effective date; and

''(ii) with respect to reemployment service on or after the

effective date of the election, under section 8415(a) through

(f) of such title, as may apply based on the reemployment in

which such annuitant was engaged on or after such effective

date;

with the 'average pay' used in any computation under clause (i)

or (ii) being determined (based on rates of pay in effect during

the period of reemployment, whether before, on, or after the

effective date of the election) in the same way as provided for

in paragraph (6). If the annuitant is receiving a reduced annuity

as provided in section 8339(j) or section 8339(k)(2) of title 5,

United States Code, the increase in annuity payable under this

subparagraph is reduced by 10 percent and the survivor annuity

payable under section 8341(b) of such title is increased by 55

percent of the increase in annuity payable under this

subparagraph, unless, at the time of claiming the increase

payable under this subparagraph, the annuitant notifies the

Office of Personnel Management in writing that such annuitant

does not desire the survivor annuity to be increased. If the

annuitant dies while still reemployed, after having been

reemployed for at least 1 full year (or the equivalent thereof,

in the case of part-time employment), any survivor annuity

payable under section 8341(b) of such title based on the service

of such annuitant is increased as though the reemployment had

otherwise terminated. In applying paragraph (7) to an amount

under this subparagraph, any portion of such amount attributable

to clause (i) shall be adjusted under subparagraph (A) of such

paragraph, and any portion of such amount attributable to clause

(ii) shall be adjusted under subparagraph (B) of such paragraph.

''(C)(i) If the annuitant serves on a full-time basis for at

least 5 years, or on a part-time basis for periods equivalent to

at least 5 years of full-time service, such annuitant may elect,

instead of the benefit provided by subparagraph (B), to have such

annuitant's rights redetermined, effective upon separation from

employment. If the annuitant so elects, the redetermined annuity

will become payable as if such annuitant were retiring for the

first time based on the separation from reemployment service, and

the provisions of this section concerning computation of annuity

(other than any provision of this paragraph) shall apply.

''(ii) If the annuitant dies while still reemployed, after

having been reemployed for at least 5 full years (or the

equivalent thereof, in the case of part-time employment), any

person entitled to a survivor annuity under section 8341(b) of

title 5, United States Code, based on the service of such

annuitant shall be permitted to elect to have such person's

rights redetermined in accordance with regulations which the

Office shall prescribe. Redetermined benefits elected under this

clause shall be in lieu of any increased benefits which would

otherwise be payable in accordance with the next to last sentence

of subparagraph (B).

''(D) If the annuitant serves on a full-time basis for less

than 1 year (or the equivalent thereof, in the case of part-time

employment), any amounts withheld under section 8422(a) of title

5, United States Code, from such annuitant's pay for the period

(or periods) involved shall, upon written application to the

Office, be payable to such annuitant (or the appropriate survivor

or survivors, determined in the order set forth in section

8342(c) of such title).

''(E) For purposes of determining the period of an annuitant's

reemployment service under this paragraph, a period of

reemployment service shall not be taken into account unless -

''(i) with respect to service performed before the effective

date of the election under section 301, it is service which, if

performed for at least 1 full year, would have allowed such

annuitant to elect under section 8344(a) of title 5, United

States Code, to have deductions withheld from pay; or

''(ii) with respect to service performed on or after the

effective date of the election under section 301, it is service

with respect to which deductions from pay would be required to

be withheld under the second sentence of section 8468(a) of

title 5, United States Code.

''(b) Chapter 83 Generally Inapplicable. - (1) Except as provided

in subsection (a) or paragraph (2), subchapter III of chapter 83 of

title 5, United States Code, shall not apply with respect to any

individual who becomes subject to chapter 84 of title 5, United

States Code, pursuant to an election under section 301.

''(2)(A) Nothing in paragraph (1), or in subchapter III of

chapter 83 of title 5, United States Code, shall preclude the

making of a deposit under such subchapter with respect to any

civilian service under subsection (a)(1)(D) or military service

under subsection (a)(2)(B) either by the electing individual or,

for purposes of survivor annuities, by a survivor of such

individual.

''(B) Nothing in paragraph (1) shall preclude the payment of any

lump-sum credit in accordance with section 8342 of title 5, United

States Code.

''(c) Refunds Relating to Certain Civilian Service. - (1) Any

individual who makes an election under section 301 to become

subject to chapter 84 and who, with respect to any period before

the effective date of the election, has made a contribution to the

Civil Service Retirement System (whether by deductions from pay or

by a deposit or redeposit) and has not taken a refund of the

contribution (as so made), shall be entitled to a refund equal to -

''(A) for a period of service under clause (i) of subsection

(a)(1)(B), the amount by which -

''(i) the amount contributed with respect to such period,

exceeds

''(ii) the amount required under such clause (i) with respect

to such period;

''(B) for a period of service under clause (ii) of subsection

(a)(1)(B), the amount by which -

''(i) the amount so contributed with respect to such period,

exceeds

''(ii) the amount required under such clause (ii) with

respect to such period; and

''(C) for a period of service under subparagraph (C) of

subsection (a)(1), the amount by which -

''(i) the amount so contributed with respect to such period,

exceeds

''(ii) the amount required under such subparagraph with

respect to such period.

''(2) In accordance with regulations prescribed by the Office of

Personnel Management, a refund under this subsection shall be

payable upon written application therefor filed with the Office and

shall include interest at the rate provided in section 8334(e)(3)

of title 5, United States Code. Interest on the refund shall accrue

monthly and shall be compounded annually.

''SEC. 303. PROVISIONS RELATING TO AN ELECTION TO BECOME SUBJECT TO

CHAPTER 83 SUBJECT TO CERTAIN OFFSETS RELATING TO SOCIAL

SECURITY.

''(a) Refund. - Any individual who makes an election under

section 301(b)(1)(A) shall, upon written application to the Office

of Personnel Management, be entitled to a refund equal to -

''(1) for the period beginning on January 1, 1984, and ending

on December 31, 1986, the amount by which -

''(A) the total amount deducted from such individual's basic

pay under section 8334(a)(1) of title 5, United States Code,

for such period, exceeds

''(B) 1.3 percent of such individual's total basic pay for

such period; and

''(2) for the period beginning on January 1, 1987, and ending

on the day before the effective date of the election, the amount

by which -

''(A) the total amount deducted from such individual's basic

pay under such section 8334(a)(1) for such period, exceeds

''(B) the total amount which would have been deducted if such

individual's basic pay had instead been subject to section

8334(k) of such title during such period.

A refund under this subsection shall be computed with interest in

accordance with section 302(c)(2) and regulations prescribed by the

Office of Personnel Management.

''(b) Deposit Requirements. - (1) In the case of an individual

who becomes subject to subchapter III of chapter 83 of title 5,

United States Code, pursuant to notification as described in the

second sentence of section 301(b)(3)(B), service performed by such

individual before the effective date of the notification shall not

be considered creditable under such subchapter unless -

''(A) for any service during the period beginning on January 1,

1987, and ending on the day before such effective date, there is

deposited to the credit of the Fund a percentage of basic pay for

such period equal to the percentage which would have applied

under section 8334(k) of such title if such individual's pay had

been subject to such section during such period;

''(B) for any period of service beginning on January 1, 1984,

and ending on December 31, 1986, there is deposited to the credit

of the Fund an amount equal to 1.3 percent of basic pay for such

period; and

''(C) for any period of service before January 1, 1984, there

is deposited to the credit of the Fund any amount required with

respect to such period under such subchapter.

''(2) A deposit under this subsection may be made by the

individual or, for purposes of survivor annuities, a survivor of

such individual.''

(Section 113(a)(2) of Pub. L. 100-238 provided that: ''The

amendment made by paragraph (1) (amending section 301(a) of Pub. L.

99-335 set out above) shall be effective as of June 30, 1987. Any

refund which becomes payable as a result of the preceding sentence

shall, to the extent that such refund involves an individual's

contributions to the Thrift Savings Fund (established under section

8437 of title 5, United States Code), be adjusted to reflect any

earnings attributable thereto.'')

(Amendment by section 134(b) of Pub. L. 100-238 to section 302(a)

of Pub. L. 99-335 applicable with respect to any election made by a

reemployed annuitant on or after Jan. 8, 1988, see section 134(d)

of Pub. L. 100-238, set out as an Effective Date of 1988 Amendment

note under section 8468 of this title.)

CONSTRUCTION OF ADJUSTMENTS IN RETIREMENT PROVISIONS MADE BY PUB.

L. 98-353

Section 117 of Pub. L. 98-353 provided that: ''The adjustments in

the retirement provisions made by this Act shall not be construed

to be a 'new government retirement system' for purposes of the

Federal Employees Retirement Contribution Temporary Adjustment Act

of 1983 (Public Law 98-168) (set out below)''.

ELECTION OF RETIREMENT PLAN UNDER FEDERAL EMPLOYEES' RETIREMENT

CONTRIBUTION TEMPORARY ADJUSTMENT ACT OF 1983

Pub. L. 98-369, div. B, title II, Sec. 2206, July 18, 1984, 98

Stat. 1059, provided that:

''(a) For the purposes of this section, the term 'covered

retirement system' shall have the same meaning as provided in

section 203(a)(2) of the Federal Employees' Retirement Contribution

Temporary Adjustment Act of 1983 (Public Law 98-168; 97 Stat. 1107)

(set out below).

''(b)(1) Any individual who was entitled to make an election

under section 208(a) of the Federal Employees' Retirement

Contribution Temporary Adjustment Act of 1983 (97 Stat. 1111) (set

out below), but who did not make such an election, may make an

election under such section not later than September 15, 1984.

''(2)(A) Not later than September 15, 1984, any such individual

who made an election under paragraph (1) of section 208(a) of the

Federal Employees' Retirement Contribution Temporary Adjustment Act

of 1983 (set out below) may -

''(i) make any other election which such individual was

entitled to make under such section before January 1, 1984; or

''(ii) elect to become a participant in a covered retirement

system (if such individual is otherwise eligible to participate

in such system), subject to sections 201 through 207 of such Act

(set out below).

''(B) Not later than September 15, 1984, any such individual who

made an election under paragraph (2) of section 208(a) of the

Federal Employees' Retirement Contribution Temporary Adjustment Act

of 1983 may -

''(i) make any other election which such individual was

entitled to make under such section before January 1, 1984; or

''(ii) elect to terminate participation in the covered

retirement system with respect to which such individual made the

election under such paragraph (2).

''(3) An election under this subsection shall be made by a

written application submitted to the official by whom the electing

individual is paid.

''(4) An election made as provided in this subsection shall take

effect with respect to service performed on or after the first day

of the first applicable pay period commencing after September 15,

1984.

''(c)(1) Section 8342(a)(4) of title 5, United States Code, does

not apply for the purpose of determining an entitlement to a refund

under section 208(c) of the Federal Employees' Retirement

Contribution Temporary Adjustment Act of 1983 (97 Stat. 1111) (set

out below).

''(2) Paragraph (1) shall take effect with respect to any

election made under section 208(a) of such Act or this Act before,

on, or after January 1, 1984.

''(d) Nothing in this section or the Federal Employees'

Retirement Contribution Temporary Adjustment Act of 1983 (set out

below) affects any entitlement to benefits accrued under a covered

retirement system before January 1, 1984, except to the extent that

any amount refunded under section 208(c) of such Act is not

redeposited in the applicable retirement fund.''

FEDERAL EMPLOYEES' RETIREMENT CONTRIBUTION TEMPORARY ADJUSTMENT

Pub. L. 98-168, title II, Nov. 29, 1983, 97 Stat. 1106, as

amended by Pub. L. 99-190, Sec. 147, Dec. 19, 1985, 99 Stat. 1324;

Pub. L. 99-335, title III, Sec. 305(a), 309, June 6, 1986, 100

Stat. 606, 607; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat.

2095, provided that:

''SHORT TITLE

''Sec. 201. This title may be cited as the 'Federal Employees'

Retirement Contribution Temporary Adjustment Act of 1983'.

''STATEMENT OF POLICY

''Sec. 202. It is the policy of the Government -

''(1) that the amount required to be contributed to certain

public retirement systems by employees and officers of the

Government who are also required to pay employment taxes relating

to benefits under title II of the Social Security Act (42 U.S.C.

401 et seq.) for service performed after December 31, 1983, be

modified until the date on which such employees and officers are

covered by a new Government retirement system (the design,

structure, and provisions of which have not been determined on

the date of enactment of this Act (Nov. 29, 1983)) or January 1,

1987, whichever is earlier;

''(2) that the Treasury be required to pay into such retirement

systems the remainder of the amount such employees and officers

would have contributed during such period but for the temporary

modification;

''(3) that the employing agencies make contributions to the

retirement systems with respect to such service in amounts

required by law in effect before January 1, 1984, without

reduction in such amounts;

''(4) that such employees and officers accrue credit for

service for the purposes of the public retirement systems in

effect on the date of enactment of this Act (Nov. 29, 1983) until

a new Government retirement system covering such employees and

officers is established;

''(5) that, where appropriate, deposits to the credit of such a

retirement system be required with respect to service performed

by an employee or officer of the Government during the period

described in clause (1), and, where appropriate, annuities be

offset by the amount of certain social security benefits

attributable to such service; and

''(6) that such employees and officers who are first employed

in civilian service by the Government or first take office in

civilian service in the Government on or after January 1, 1984,

become subject to such new Government retirement system as may be

established for employees and officers of the Government on or

after January 1, 1984, and before January 1, 1987, with credit

for service performed after December 31, 1983, by such employees

and officers transferred to such new Government retirement

system.

''DEFINITIONS

''Sec. 203. (a) For the purposes of this title -

''(1) the term 'covered employee' means any individual whose

service is covered service;

''(2) the term 'covered retirement system' means -

''(A) the Civil Service Retirement and Disability System

under subchapter III of chapter 83 of title 5, United States

Code;

''(B) the Foreign Service Retirement and Disability System

under chapter 8 of the Foreign Service Act of 1980 (22 U.S.C.

4041 et seq.);

''(C) the Central Intelligence Agency Retirement and

Disability System under the Central Intelligence Agency

Retirement Act of 1964 for Certain Employees (50 U.S.C. 403

note); and

''(D) any other retirement system (other than a new

Government retirement system) under which a covered employee

who is a participant in the system is required to make

contributions to the system in an amount equal to a portion of

the participant's basic pay for covered service, as determined

by the President;

''(3) the term 'covered service' means service which is

employment for the purposes of title II of the Social Security

Act (42 U.S.C. 401 et seq.) and chapter 21 of the Internal

Revenue Code of 1986 (26 U.S.C. 3101 et seq.) by reason of the

amendments made by section 101 of the Social Security Amendments

of 1983 (97 Stat. 67) (amending section 3121 of Title 26,

Internal Revenue Code, and sections 409 and 410 of Title 42, The

Public Health and Welfare, and enacting provisions set out as

notes under section 3121 of Title 26 and section 410 of Title

42); and

''(4) the term 'new Government retirement system' means any

retirement system which (A) is established for officers or

employees of the Government by or pursuant to a law enacted after

December 31, 1983, and before January 1, 1987, and (B) takes

effect on or before January 1, 1987.

''(b) The President shall publish the determinations made for the

purpose of subsection (a)(2)(D) in an Executive order.

''CONTRIBUTION ADJUSTMENTS

''Sec. 204. (a) In the case of a covered employee who is

participating in a covered retirement system, an employing agency

shall deduct and withhold only 1.3 percent of the basic pay of such

employee under -

''(1) section 8334 of title 5, United States Code;

''(2) section 805 of the Foreign Service Act of 1980 (22 U.S.C.

4045);

''(3) section 211 of the Central Intelligence Agency Retirement

Act of 1964 for Certain Employees (50 U.S.C. 403 note); or

''(4) any provision of any other covered retirement system

which requires a participant in the system to make contributions

of a portion of the basic pay of the participant;

for covered service which is performed after December 31, 1983, and

before the earlier of the effective date of a new Government

retirement system or January 1, 1987. Deductions shall be made and

withheld as provided by such provisions in the case of covered

service which is performed on or after such effective date or

January 1, 1987, as the case may be, and is not subject to a new

Government retirement system.

''(b) Employing agencies of the Government shall make

contributions with respect to service to which subsection (a) of

this section applies under the second sentence of section

8334(a)(1) of title 5, United States Code, the second sentence of

section 805(a) of the Foreign Service Act of 1980 (22 U.S.C.

4045(a)), the second sentence of section 211(a) of the Central

Intelligence Agency Retirement Act of 1964 for Certain Employees

(50 U.S.C. 403 note), and any provision of any other covered

retirement system requiring a contribution by the employing agency,

as if subsection (a) of this section had not been enacted.

''REIMBURSEMENT FOR CONTRIBUTION DEFICIENCY

''Sec. 205. (a) For purposes of this section -

''(1) the term 'contribution deficiency', when used with

respect to a covered retirement system, means the excess of -

''(A) the total amount which, but for section 204(a) of this

Act, would have been deducted and withheld under a provision

referred to in such section from the pay of covered employees

participating in such retirement system for service to which

such section applies, over

''(B) the total amount which was deducted and withheld from

the pay of covered employees for such service as provided in

section 204(a) of this Act; and

''(2) the term 'appropriate agency head' means -

''(A) the Director of the Office of Personnel Management,

with respect to the Civil Service Retirement and Disability

System under subchapter III of chapter 83 of title 5, United

States Code;

''(B) the Secretary of State, with respect to the Foreign

Service Retirement and Disability System under chapter 8 of the

Foreign Service Retirement Act of 1980 (22 U.S.C. 404 et seq.)

(22 U.S.C. 4041 et seq.);

''(C) the Director of Central Intelligence, with respect to

the Central Intelligence Agency Retirement and Disability

System under the Central Intelligence Agency Retirement Act of

1964 for Certain Employees (50 U.S.C. 403 note); and

''(D) the officer designated by the President for that

purpose in the case of any retirement system described in

section 203(a)(2)(D) of this Act.

''(b) At the end of each of fiscal years 1984, 1985, 1986, and

1987, the appropriate agency head -

''(1) shall determine the amount of the contribution deficiency

for such fiscal year in the case of each covered retirement

system, including the interest that those contributions would

have earned had they been credited to the fund established for

the payment of benefits under such retirement system in the same

manner and at the same time as deductions under the applicable

provision of law referred to in section 204(a) of this Act; and

''(2) shall notify the Secretary of the Treasury of the amount

of the contribution deficiency in each such case.

''(c) Before closing the accounts for each of fiscal years 1984,

1985, 1986, and 1987, the Secretary of the Treasury shall credit to

the fund established for the payment of benefits under each covered

retirement system, as a Government contribution, out of any money

in the Treasury not otherwise appropriated, an amount equal to the

amount determined under subsection (b) with respect to that covered

retirement system for the fiscal year involved.

''(d) Amounts credited to a fund under subsection (c) shall be

accounted for separately than amounts credited to such fund under

any other provision of law.

''SPECIAL DEPOSIT AND OFFSET RULES RELATING TO RETIREMENT BENEFITS

FOR INTERIM COVERED SERVICE

''Sec. 206. (a) For the purposes of this section, the term

'interim covered service' means covered service to which section

204(a) applies.

''(b)(1) Paragraphs (2) and (3) apply according to the provisions

thereof only with respect to a covered employee who is employed by

the Government on December 31, 1983.

''(2)(A) Notwithstanding any other provision of law, the interim

covered service of such covered employee shall be considered -

''(i) in determining entitlement to and computing the amount of

an annuity (other than a disability or survivor annuity)

commencing under a covered retirement system during the period

beginning January 1, 1984, and ending on the earlier of the date

a new Government retirement system takes effect or January 1,

1987, by reason of the retirement of such covered employee during

such period only if such covered employee makes a deposit to the

credit of such covered retirement system for such covered service

in an amount computed as provided in subsection (f); and

''(ii) in computing a disability or survivor annuity which

commences under a covered retirement system during such period

and is based in any part on such interim covered service.

''(B) Notwithstanding any other provision of law, an annuity to

which subparagraph (A)(ii) applies shall be reduced by the portion

of the amount of any benefits which is payable under title II of

the Social Security Act (42 U.S.C. 401 et seq.) and is attributable

to the interim covered service considered in computing the amount

of such annuity, as determined under subsection (g), unless, in the

case of a survivor annuity, a covered employee has made a deposit

with respect to such covered service for the purposes of

subparagraph (A)(i) before the date on which payment of such

annuity commences.

''(3) Notwithstanding any other provision of law, if a new

Government retirement system is not established or is inapplicable

to such a covered employee who retires or dies subject to a covered

retirement system after the date on which such new Government

retirement system takes effect, the interim covered service of such

covered employee shall be considered in determining entitlement to

and computing the amount of an annuity under a covered retirement

system based on the service of such covered employee only if such

covered employee makes a deposit to the credit of such covered

retirement system for such covered service in an amount computed as

provided in subsection (f).

''(c)(1) Paragraphs (2) and (3) apply according to the provisions

thereof only with respect to a covered employee who was not

employed by the Government on December 31, 1983.

''(2) Notwithstanding any other provision of law, any annuity

which commences under a covered retirement system during the period

described in subsection (b)(2)(A)(i) and is based, in any part, on

interim covered service shall be reduced by the portion of the

amount of any benefits which is payable under title II of the

Social Security Act (42 U.S.C. 401 et seq.) to the annuitant and is

attributable to such service, as determined under subsection (g).

''(3) Notwithstanding any other provision of law, if a new

Government retirement system is not established, the interim

covered service of such a covered employee who retires or dies

after January 1, 1987, shall be considered in determining

entitlement to and computing the amount of an annuity under a

covered retirement system based on the service of such covered

employee only if such covered employee makes a deposit to the

credit of such covered retirement system for such covered service

in an amount computed as provided in subsection (f).

''(d) If a covered employee with respect to whom subsection

(b)(3) or (c)(3) applies dies without having made a deposit

pursuant to such subsection, any individual who is entitled to an

annuity under a covered retirement system based on the service of

such covered employee or who would be entitled to such an annuity

if such deposit had been made by the covered employee before death

may make such deposit after the date of death of such covered

employee. Service covered by a deposit made pursuant to the first

sentence shall be considered in determining, in the case of each

individual to whom the first sentence applies, the entitlement to

and the amount of an annuity under a covered retirement system

based on the service of such covered employee.

''(e) A reduction in annuity under subsection (b)(2)(B) or (c)(2)

shall commence on the first day of the first month after the date

on which payment of benefits under title II of the Social Security

Act (42 U.S.C. 401 et seq.) commence and shall be redetermined each

time an increase in such benefits takes effect pursuant to section

215(i) of the Social Security Act (42 U.S.C. 415(i)). In the case

of an annuity of a participant or former participant in a covered

retirement system, of a surviving spouse or child of such

participant or former participant, or of any other person

designated by such participant or former participant to receive an

annuity, under a covered retirement system (other than a former

spouse) the reduction in annuity under subsection (b)(2)(B) or

(c)(2) shall be calculated before any reduction in such annuity

provided under such system for the purpose of paying an annuity

under such system to any former spouse of such participant or

former participant based on the service of such participant or

former participant.

''(f) For the purposes of subsection (b) or (c), the amount of a

deposit to the credit of the applicable covered retirement system

shall be equal to the excess of -

''(1) the total amount which would have been deducted and

withheld from the basic pay of the covered employee for the

interim covered service under such covered retirement system but

for the application of section 204(a), over

''(2) the amount which was deducted and withheld from such

basic pay for such interim covered service pursuant to section

204(a) and was not refunded to such covered employee.

''(g) For the purpose of subsections (b)(2)(B) and (c)(2), the

portion of the amount of the benefits which is payable under title

II of the Social Security Act (42 U.S.C. 401 et seq.) to an

individual and is attributable to interim covered service shall be

determined by -

''(1) computing the amount of such benefits including credit

for such service;

''(2) computing the amount of such benefits, if any, without

including credit for such service; and

''(3) subtracting the amount computed under clause (2) from the

amount computed under clause (1).

''(h) The Secretary of Health and Human Services shall furnish to

the appropriate agency head (as defined in section 205(a)(2)) such

information as such agency head considers necessary to carry out

this section.

''TRANSFER OF CREDIT TO NEW RETIREMENT SYSTEM

''Sec. 207. (Repealed. Pub. L. 99-335, title III, Sec. 309, June

6, 1986, 100 Stat. 607)

''Sec. 208. (a) Any individual performing service of a type

referred to in clause (i), (ii), (iii), or (iv) of section

210(a)(5) of the Social Security Act (42 U.S.C. 410(a)(5)(i)-(iv))

beginning on or before December 31, 1983, may -

''(1) if such individual is then currently a participant in a

covered retirement system, elect by written application submitted

before January 1, 1984 -

''(A) to terminate participation in such system, effective

after December 31, 1983; or

''(B) to remain under such system, as if the preceding

sections of this Act (probably means this 'title') and the

amendments made by this Act had not been enacted; or

''(2) if such individual is then currently not a participant in

a covered retirement system, elect by written application -

''(A) to become a participant under such system (if such

individual is otherwise eligible to participate in the system),

subject to the preceding sections of this Act (probably means

this 'title') and the amendments made by this Act; or

''(B) to become a participant under such system (if such

individual is otherwise eligible to participate in the system),

as if the preceding sections of this Act and the amendments

made by this Act had not been enacted.

''(b) An application by an individual under subsection (a) shall

be submitted to the official by whom such covered employee is paid.

''(c) Any individual who elects to terminate participation in a

covered retirement system under subsection (a)(1)(A) is entitled to

have such individual's contributions to the retirement system

refunded, in accordance with applicable provisions of law, as if

such individual had separated from service as of the effective date

of the election.

''(d) Any individual who is eligible to make an election under

subparagraph (A) or (B) of subsection (a)(1), but who does not make

an election under either such subparagraph, shall be subject to the

preceding sections of this Act (probably means this 'title') and

the amendments made by this Act.''

(Amendment to section 206(c)(3) of Pub. L. 98-168 by section

305(a)(1) of Pub. L. 99-335 directing the substitution of ''January

1, 1987'' for ''January 1, 1986'' has been executed by substituting

''January 1, 1987'' for ''April 30, 1986'' to reflect the probable

intent of Congress.)

(Section 305(b) of Pub. L. 99-335 provided that:

''(1) The amendments made by subsection (a) (amending Pub. L.

98-168 set out above) shall be effective as of May 1, 1986.

''(2) Any refund payable to an individual as a result of

paragraph (1) shall be paid out of funds of the appropriate

retirement system.

''(3) For purposes of this subsection, the term 'retirement

system' means a covered retirement system as defined by section

203(a)(2) of the Federal Employees' Retirement Contribution

Temporary Adjustment Act of 1983 (97 Stat. 1107; 5 U.S.C. 8331

note).'')

(The Central Intelligence Agency Retirement Act of 1964 for

Certain Employees, referred to in Pub. L. 98-168, set out above, is

Pub. L. 88-643, Oct. 13, 1964, 78 Stat. 1043, which was revised

generally by Pub. L. 102-496, title VIII, Sec. 802, Oct. 24, 1992,

106 Stat. 3196, is known as the Central Intelligence Agency

Retirement Act and is classified generally to chapter 38 (Sec. 2001

et seq.) of Title 50, War and National Defense.)

CANAL ZONE GOVERNMENT AND PANAMA CANAL COMPANY EMPLOYEES

Section 13 of Pub. L. 85-550, July 25, 1958, 72 Stat. 410, as

amended by Pub. L. 87-845, Sec. 2, Oct. 18, 1962, 76A Stat. 697,

provided that:

''(a) Effective on and after the first day of the first pay

period which begins in the third calendar month following the

calendar month in which this Act is enacted (July 1958) -

''The Act of July 8, 1937 (50 Stat. 478; 68 Stat. 17; Public

Numbered 191, Seventy-fifth Congress; Public Law 299,

Eighty-third Congress), shall apply only with respect to those

individuals within the classes of individuals subject to such Act

of July 8, 1937, whose employment shall have been terminated,

prior to such first day of such first pay period, in the manner

provided by the first section of such Act; and

''(b) On or before the first day of the first pay period which

begins in the third calendar month following the calendar month in

which this Act is enacted (July 1958), the Panama Canal Company

shall pay, as an agency contribution, into the civil service

retirement and disability fund created by the Act of May 22, 1920,

for each individual -

''(1) who is employed, on such first day of such first pay

period, by the Canal Zone Government or by the Panama Canal

Company, and

''(2) who, by reason of the enactment of this section and the

operation of the Civil Service Retirement Act (5 U.S.C.

2251-2267) (this subchapter), is subject to such Act on and after

such first day of such first pay period,

for service performed by such individual in the employment of -

''(A) the Panama Railroad Company during the period which began

on June 29, 1948, and ended on June 30, 1951, or

''(B) the Panama Canal (former independent agency), the Canal

Zone Government, or the Panama Canal Company during the period

which began on July 1, 1951, and which ends immediately prior to

such first day of such first pay period,

an amount equal to the aggregate amount which such individual would

have been required to contribute for retirement purposes if he had

been subject to the Civil Service Retirement Act during such

periods of service.

''(c) Nothing contained in this section shall affect -

''(1) the rights of any individual existing immediately prior

to such first day of such first pay period above specified, or

''(2) the continuing obligations of the Canal Zone Government

and the Panama Canal Company under section 4(a) of the Civil

Service Retirement Act (5 U.S.C. 2254(a)) (section 8334(a) of

this title), to reimburse the civil service retirement and

disability fund for Government contributions to such fund

covering service performed, on or after such first day of such

first pay period above specified, by the employees concerned.''

MEMBERS OF CIVILIAN FACULTIES OF UNITED STATES NAVAL ACADEMY AND

UNITED STATES NAVAL POSTGRADUATE SCHOOL

Section 402 of act July 31, 1956, ch. 804, title IV, 70 Stat.

760, provided that:

''(a) On and after the effective date of this title (on the first

day of the first month beginning more than sixty days after July

31, 1956) persons employed as members of the civilian faculties of

the United States Naval Academy and the United States Naval

Postgraduate School shall be included within the terms of the Civil

Service Retirement Act (this subchapter), and on and after that

date the Act of January 16, 1936 (49 Stat. 1092), as amended

(covered by section 7081 et seq. of Title 10, Armed Forces) shall

not apply to such persons.

''(b) In lieu of the deposit prescribed by section 4(c) of the

Civil Service Retirement Act (section 8334(c) of this title) an

employee who by virtue of subsection (a) is included within the

terms of such Act (this subchapter) shall deposit, for service

rendered prior to the effective date of this title as a member of

the civilian faculty of the United States Naval Academy or of the

United States Naval Postgraduate School, a sum equal to so much of

the repurchase price of his annuity policy carried as required by

the Act of January 16, 1936, as amended (covered by section 7081 et

seq. of Title 10, Armed Forces), as is based on the monthly

allotments which were registered with the Navy Allotment Office

toward the purchase of that annuity, the deposit to be made within

six months after the effective date of this title. Should the

deposit not be made within that period no credit shall be allowed

under the Civil Service Retirement Act (this subchapter) for

service rendered as a member of the civilian faculty of the United

States Naval Academy or of the United States Naval Postgraduate

School subsequent to July 31, 1920, and prior to the effective date

of this title. If the deposit is made, such service shall be held

and considered to be service during which the employee was subject

to the Civil Service Retirement Act (this subchapter).''

-EXEC-

EX. ORD. NO. 12461. DESIGNATION AS A FEDERAL RETIREMENT SYSTEM

Ex. Ord. No. 12461, Feb. 17, 1984, 49 F.R. 6471, provided:

By the authority vested in me as President by the Federal

Employees' Retirement Contribution Temporary Adjustment Act of 1983

(title II of Public Law 98-168) (''the Act'') (set out as a note

above), it is hereby ordered as follows:

Section 1. The District of Columbia Police and Firefighters'

Retirement and Disability System, insofar as it applies to Federal

employees who are covered under section 203(a)(1) of the Act (set

out as a note above), is designated a covered retirement system

under section 203(a)(2)(D) of the Act. The Secretary of the

Treasury is designated the appropriate agency head with respect to

such system, under section 205(a)(2)(D) of the Act (set out as a

note above). In discharging the responsibilities delegated by this

Order, the Secretary shall be guided by the information and

recommendations provided by the Mayor of the District of Columbia.

Sec. 2. This Order shall be effective as of January 1, 1984.

Ronald Reagan.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3307, 3323, 5541, 5545a,

5545b, 7371, 8332, 8339, 8342, 8344, 8347, 8401, 8411, 8415, 8467,

8704 of this title; title 10 section 945; title 12 section 1723a;

title 19 section 58c; title 22 sections 3671, 3681, 3968, 4046;

title 26 sections 402, 7447; title 28 section 376; title 38

sections 7296, 7426, 7438; title 45 section 1206; title 50 section

2036.

-CITE-

5 USC Sec. 8332 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart G - Insurance and Annuities

CHAPTER 83 - RETIREMENT

SUBCHAPTER III - CIVIL SERVICE RETIREMENT

-HEAD-

Sec. 8332. Creditable service

-STATUTE-

(a) The total service of an employee or Member is the full years

and twelfth parts thereof, excluding from the aggregate the

fractional part of a month, if any.

(b) The service of an employee shall be credited from the date of

original employment to the date of separation on which title to

annuity is based in the civilian service of the Government. Except

as provided in paragraph (13) (FOOTNOTE 1) of this subsection,

credit may not be allowed for a period of separation from the

service in excess of 3 calendar days. The service includes -

(FOOTNOTE 1) So in original. Probably should be paragraph

''(14)''.

(1) employment as a substitute in the postal field service;

(2) service in the Pan American Sanitary Bureau;

(3) subject to section 8334(c) and 8339(i) of this title,

service performed before July 10, 1960, as an employee of a

county committee established under section 590h(b) of title 16 or

of a committee or an association of producers described by

section 610(b) of title 7;

(4) service as a student-employee as defined by section 5351 of

this title only if he later becomes subject to this subchapter;

(5) a period of satisfactory service of a volunteer or

volunteer leader under chapter 34 of title 22 only if he later

becomes subject to this subchapter;

(6) employment under section 709 of title 32 or any prior

corresponding provision of law;

(7) a period of service of a volunteer under part A of title

VIII of the Economic Opportunity Act of 1964, or a period of

service of a full-time volunteer enrolled in a program of at

least one year's duration under part A, B, or C of title I of the

Domestic Volunteer Service Act of 1973 only if he later becomes

subject to this subchapter;

(8) subject to section 8334(c) and 8339(i) of this title,

service performed after February 18, 1929, and before noon on

January 3, 1971, as a United States Capitol Guide;

(9) subject to sections 8334(c) and 8339(i) of this title,

service as a substitute teacher for the government of the

District of Columbia after July 1, 1955, if such service is not

credited for benefits under any other retirement system

established by a law of the United States;

(10) periods of imprisonment of a foreign national for which

compensation is provided under section 410 of the Foreign Service

Act of 1980, if the individual (A) was subject to this subchapter

during employment with the Government last preceding

imprisonment, or (B) is qualified for an annuity under this

subchapter on the basis of other service of the individual;

(11) subject to sections 8334(c) and 8339(i) of this title,

service in any capacity of at least 130 days (or its equivalent)

per calendar year performed after July 1, 1946, for the National

Committee for a Free Europe; Free Europe Committee, Incorporated;

Free Europe, Incorporated; Radio Liberation Committee; Radio

Liberty Committee; subdivisions of any of those organizations;

Radio Free Europe/Radio Liberty, Incorporated, Radio Free Asia;

the Asia Foundation; or the Armed Forces Network, Europe (AFN-E),

but only if such service is not credited for benefits under any

other retirement system which is established for such entities

and funded in whole or in part by the Government and only if the

individual later becomes subject to this subchapter;

(12) service as a justice or judge of the United States, as

defined by section 451 of title 28, and service as a judge of a

court created by Act of Congress in a territory which is invested

with any jurisdiction of a district court of the United States,

but no credit shall be allowed for such service if the employee

is entitled to a salary or an annuity under section 371, 372, or

373 of title 28;

(13) subject to sections 8334(c) and 8339(i) of this title,

service performed on or after December 6, 1967, and before the

effective date of this paragraph as an employee of the House

Beauty Shop, only if he serves as such an employee for a period

of at least five years after such effective date;

(14) one year of service to be credited for each year in which

a Native of the Pribilof Islands performs service in the taking

and curing of fur seal skins and other activities in connection

with the administration of the Pribilof Islands, notwithstanding

any period of separation from the service, and regardless of

whether the Native who performs the service retires before, on,

or after the effective date of this paragraph;

(15) subject to sections 8334(c) and 8339(i) of this title,

service performed on or after January 3, 1969, and before January

4, 1973, as the Washington Representative for Guam or the

Washington Representative for the Virgin Islands, only if the

individual serves as a Member for a period of at least five years

after January 2, 1973;

(16) service performed by any individual as an employee

described in section 2105(c) of this title after June 18, 1952,

and before January 1, 1966, if (A) such service involved

conducting an arts and crafts, drama, music, library, service

club, youth activities, sports, or recreation program (including

any outdoor recreation program) for personnel of the armed

forces, and (B) such individual is an employee subject to this

subchapter on the day before the date of the enactment of the

Nonappropriated Fund Instrumentalities Employees' Retirement

Credit Act of 1986; and

(17) service performed by any individual as an employee paid

from nonappropriated funds of an instrumentality of the

Department of Defense or the Coast Guard described in section

2105(c) that is not covered by paragraph (16) and that is not

otherwise creditable, if the individual elects (in accordance

with regulations prescribed by the Office) to have such service

credited under this paragraph.

The Office of Personnel Management shall accept the certification

of the Secretary of Agriculture or his designee concerning service

for the purpose of this subchapter of the type performed by an

employee named by paragraph (3) of this subsection. The Office of

Personnel Management shall accept the certification of the

Secretary of Commerce or his designee concerning service for the

purpose of this subchapter of the type performed by an employee

named by paragraph (14) of this subsection. The Office of

Personnel Management shall accept the certification of the Capitol

Guide Board concerning service for the purpose of this subchapter

of the type described in paragraph (8) of this subsection and

performed by an employee. The Office of Personnel Management shall

accept the certification of the Chief Administrative Officer of the

House of Representatives concerning service for the purpose of this

subchapter of the type described in paragraph (13) of this

subsection. For the purpose of paragraph (5) of this subsection -

(A) a volunteer and a volunteer leader are deemed receiving pay

during their service at the respective rates of readjustment

allowances payable under sections 2504(c) and 2505(1) of title

22; and

(B) the period of an individual's service as a volunteer or

volunteer leader under chapter 34 of title 22 is the period

between enrollment as a volunteer or volunteer leader and the

termination of that service by the President or by death or

resignation.

The Office of Personnel Management shall accept the certification

of the Executive Director of the Board for International

Broadcasting, and the Secretary of State with respect to the Asia

Foundation and the Secretary of Defense with respect to the Armed

Forces Network, Europe (AFN-E), concerning services for the

purposes of this subchapter of the type described in paragraph (11)

of this subsection. For the purpose of this subchapter, service of

the type described in paragraph (15) of this subsection shall be

considered Member service. The Office of Personnel Management

shall accept, for the purposes of this subchapter, the

certification of the head of a nonappropriated fund instrumentality

of the United States concerning service of the type described in

paragraph (16) or (17) of this subsection which was performed for

such appropriated fund instrumentality. Service credited under

paragraph (17) may not also be credited under any other retirement

system provided for employees paid from nonappropriated funds of a

nonappropriated fund instrumentality.

(c)(1) Except as provided in paragraphs (2) and (4) of this

subsection and subsection (d) of this section -

(A) the service of an individual who first becomes an employee

or Member before October 1, 1982, shall include credit for each

period of military service performed before the date of the

separation on which the entitlement to an annuity under this

subchapter is based, subject to section 8332(j) of this title;

and

(B) the service of an individual who first becomes an employee

or Member on or after October 1, 1982, shall include credit for -

(i) each period of military service performed before January

1, 1957, and

(ii) each period of military service performed after December

31, 1956, and before the separation on which the entitlement to

annuity under this subchapter is based, only if a deposit (with

interest, if any) is made with respect to that period, as

provided in section 8334(j) of this title.

(2) If an employee or Member is awarded retired pay based on any

period of military service, the service of the employee or Member

may not include credit for such period of military service unless

the retired pay is awarded -

(A) based on a service-connected disability -

(i) incurred in combat with an enemy of the United States; or

(ii) caused by an instrumentality of war and incurred in line

of duty during a period of war as defined by section 1101 of

title 38; or

(B) under chapter 1223 of title 10 (or under chapter 67 of that

title as in effect before the effective date of the Reserve

Officer Personnel Management Act).

(3)(A) Notwithstanding paragraph (2) of this subsection, for

purposes of computing a survivor annuity for a survivor of an

employee or Member -

(i) who was awarded retired pay based on any period of military

service, and

(ii) whose death occurs before separation from the service,

creditable service of the deceased employee or Member shall include

each period of military service includable under subparagraph (A)

or (B) of paragraph (1) of this subsection, as applicable. In

carrying out this subparagraph, any amount deposited under section

8334(h) of this title shall be taken into account.

(B) A survivor annuity computed based on an amount which, under

authority of subparagraph (A), takes into consideration any period

of military service shall be reduced by the amount of any

survivor's benefits -

(i) payable to a survivor (other than a child) under a

retirement system for members of the uniformed services;

(ii) if, or to the extent that, such benefits are based on such

period of military service.

(C) The Office of Personnel Management shall prescribe

regulations to carry out this paragraph, including regulations

under which -

(i) a survivor may elect not to be covered by this paragraph;

and

(ii) this paragraph shall be carried out in any case which

involves a former spouse.

(4) If, after January 1, 1997, an employee or Member waives

retired pay that is subject to a court order for which there has

been effective service on the Secretary concerned for purposes of

section 1408 of title 10, the military service on which the retired

pay is based may be credited as service for purposes of this

subchapter only if the employee or Member authorizes the Director

to deduct and withhold from the annuity payable to the employee or

Member under this subchapter an amount equal to the amount that, if

the annuity payment was instead a payment of the employee's or

Member's retired pay, would have been deducted and withheld and

paid to the former spouse covered by the court order under such

section 1408. The amount deducted and withheld under this paragraph

shall be paid to that former spouse. The period of civil service

employment by the employee or Member shall not be taken into

consideration in determining the amount of the deductions and

withholding or the amount of the payment to the former spouse. The

Director of the Office of Personnel Management shall prescribe

regulations to carry out this paragraph.

(d) For the purpose of section 8339(c)(1) of this title, a Member

-

(1) shall be allowed credit only for periods of military

service not exceeding 5 years, plus military service performed by

the Member on leaving his office, for the purpose of performing

military service, during a war or national emergency proclaimed

by the President or declared by Congress and before his final

separation from service as Member; and

(2) may not receive credit for military service for which

credit is allowed for purpose of retired pay under other statute.

(e) This subchapter does not affect the right of an employee or

Member to retired pay, pension, or compensation in addition to an

annuity payable under this subchapter.

(f) Credit shall be allowed for leaves of absence without pay

granted an employee while performing military service or while

receiving benefits under subchapter I of chapter 81 of this title.

An employee or former employee who returns to duty after a period

of separation is deemed, for the purpose of this subsection, to

have been in a leave of absence without pay for that part of the

period in which he was receiving benefits under subchapter I of

chapter 81 of this title or any earlier statute on which such

subchapter is based. Except for a substitute in the postal field

service and service described in paragraph (14) of subsection (b)

of this section,, (FOOTNOTE 2) credit may not be allowed for so

much of other leaves of absence without pay as exceeds 6 months in

the aggregate in a calendar year.

(FOOTNOTE 2) So in original.

(g) An employee who during the period of a war, or of a national

emergency as proclaimed by the President or declared by Congress,

leaves his position to enter the military service is deemed, for

the purpose of this subchapter, as not separated from his civilian

position because of that military service, unless he applies for

and receives a lump-sum credit under this subchapter. However, the

employee is deemed as not retaining his civilian position after

December 31, 1956, or after the expiration of 5 years of that

military service, whichever, is later.

(h) An employee who -

(1) has at least 5 years' Member service; and

(2) serves as a Member at any time after August 2, 1946;

may not be allowed credit for service which is used in the

computation of an annuity under section 8339(c) of this title.

(i) An individual who qualifies as an employee under section

8331(1)(E) of this title is entitled to credit for his service as a

United States Commissioner, which is not credited for the purpose

of this subchapter for service performed by him in a capacity other

than Commissioner, on the basis of -

(1) 1/313 of a year for each day on which he performed service

as a Commissioner before July 1, 1945; and

(2) 1/260 of a year for each day on which he performed service

as a Commissioner after June 30, 1945.

Credit for service performed as Commissioner may not exceed 313

days in a year before July 1, 1945, or 260 days in a year after

June 30, 1945. For the purpose of this subchapter, the employment

and pay of a Commissioner is deemed on a daily basis when actually

employed.

(j)(1) Notwithstanding any other provision of this section,

military service, except military service covered by military leave

with pay from a civilian position, performed by an individual after

December 1956, the period of an individual's services as a

volunteer under part A of title VIII of the Economic Opportunity

Act of 1964, the period of an individual's service as a full-time

volunteer enrolled in a program of at least 1 year's duration under

part A, B, or C of title I of the Domestic Volunteer Service Act of

1973, and the period of an individual's service as a volunteer or

volunteer leader under chapter 34 of title 22, shall be excluded in

determining the aggregate period of service on which an annuity

payable under this subchapter to the individual or to his spouse,

former spouse or child is based, if the individual, spouse, former

spouse, or child is entitled, or would on proper application be

entitled, at the time of that determination, to monthly old-age or

survivors benefits under section 402 of title 42 based on the

individual's wages and self-employment income. If the military

service or service as a volunteer under part A of title VIII of the

Economic Opportunity Act of 1964, as a full-time volunteer enrolled

in a program of at least 1 year's duration under part A, B, or C of

title I of the Domestic Volunteer Service Act of 1973, or as a

volunteer or volunteer leader under chapter 34 of title 22 is not

excluded by the preceding sentence, but on becoming 62 years of

age, the individual or spouse, former spouse (FOOTNOTE 3) becomes

entitled, or would on proper application be entitled, to the

described benefits, the Office of Personnel Management shall

redetermine the aggregate period of service on which the annuity is

based, effective as of the first day of the month in which he or

she becomes 62 years of age, so as to exclude that service. The

Secretary of Health, Education, and Welfare, on request of the

Office, shall inform the Office whether or not the individual,

spouse, former spouse, or child is entitled at any named time to

the described benefits. For the purpose of this subsection, the

period of an individual's service as a volunteer or volunteer

leader under chapter 34 of title 22 is the period between

enrollment as a volunteer or volunteer leader and termination of

that service by the President or by death or resignation and the

period of an individual's service as a volunteer under part A of

title VIII of the Economic Opportunity Act of 1964 or under part A,

B, or C of title I of the Domestic Volunteer Service Act of 1973 is

the period between enrollment as a volunteer and termination of

that service by the Director of the Office of Economic Opportunity

or the Chief Executive Officer of the Corporation for National and

Community Service, as appropriate, or by death or resignation.

(FOOTNOTE 3) So in original. Probably should be ''individual,

spouse, or former spouse''.

(2) The provisions of paragraph (1) of this subsection relating

to credit for military service shall not apply to -

(A) any period of military service of an employee or Member

with respect to which the employee or Member has made a deposit

with interest, if any, under section 8334(j) of this title; or

(B) the service of any employee or Member described in section

8332(c)(1)(B) of this title.

(3) The provisions of paragraph (1) relating to credit for

service as a volunteer or volunteer leader under the Economic

Opportunity Act of 1964, part A, B, or C of title I of the Domestic

Volunteer Service Act of 1973, or the Peace Corps Act shall not

apply to any period of service as a volunteer or volunteer leader

of an employee or Member with respect to which the employee or

Member has made the deposit with interest, if any, required by

section 8334(l).

(k)(1) An employee who enters on approved leave without pay to

serve as a full-time officer or employee of an organization

composed primarily of employees as defined by section 8331(1) of

this title, within 60 days after entering on that leave without

pay, may file with his employing agency an election to receive full

retirement credit for his periods of that leave without pay and

arrange to pay currently into the Fund, through his employing

agency, amounts equal to the retirement deductions and agency

contributions that would be applicable if he were in pay status.

If the election and all payments provided by this paragraph are not

made, the employee may not receive credit for the periods of leave

without pay occurring after July 17, 1966, notwithstanding the

third (FOOTNOTE 4) sentence of subsection (f) of this section. For

the purpose of the preceding sentence, ''employee'' includes an

employee who was on approved leave without pay and serving as a

full-time officer or employee of such an organization on July 18,

1966, and who filed a similar election before September 17, 1966.

(FOOTNOTE 4) See 1986 Amendment note below.

(2) An employee may deposit with interest an amount equal to

retirement deductions representing any period or periods of

approved leave without pay while serving, before July 18, 1966, as

a full-time officer or employee of an organization composed

primarily of employees as defined by section 8331(1) of this

title. An employee who makes the deposit shall be allowed full

retirement credit for the period or periods of leave without pay.

If the employee dies, a survivor as defined by section 8331(10) of

this title may make the deposit. If the deposit is not made in

full, retirement credit shall be allowed in accordance with the

third (FOOTNOTE 4) sentence of subsection (f) of this section.

(l)(1) Any employee or Member who -

(A) is of Japanese ancestry; and

(B) while a citizen of the United States or an alien lawfully

admitted to the United States for permanent residence, was

interned or otherwise detained at any time during World War II in

any camp, installation, or other facility in the United States,

or in any territory or possession of the United States, under any

policy or program of the United States respecting individuals of

Japanese ancestry which was established during World War II in

the interests of national security pursuant to -

(i) Executive Order Numbered 9066, dated February 19, 1942;

(ii) section 67 of the Act entitled ''An Act to provide a

government for the Territory of Hawaii'', approved April 30,

1900 (chapter 339, Fifty-sixth Congress; 31 Stat. 153);

(iii) Executive Order Numbered 9489, dated October 18, 1944;

(iv) sections 4067 through 4070 of the Revised Statutes of

the United States; or

(v) any other statute, rules, regulation, or order; or

(C) is of Aleut ancestry and while a citizen of the United

States was interned or otherwise detained in, or relocated to any

camp, installation, or other facility in the Territory of Alaska

which was established during World War II for the purpose of the

internment, detention, or relocation of Aleuts pursuant to any

statute, rule, regulation, or order;

shall be allowed credit (as civilian service) for any period during

which such employee or Member was so interned or otherwise detained

after such employee became 18 years of age.

(2) For the purpose of this subsection, ''World War II'' means

the period beginning on December 7, 1941, and ending on December

31, 1946.

(m)(1) Upon application to the Office of Personnel Management,

any individual who is an employee on the date of the enactment of

this subsection, and who has on such date or thereafter acquires 5

years or more of creditable civilian service under this section

(exclusive of service for which credit is allowed under this

subsection) shall be allowed credit (as service as a Congressional

employee) for service before the date of the enactment of this

subsection while employed by the Democratic Senatorial Campaign

Committee, the Republican Senatorial Campaign Committee, the

Democratic National Congressional Committee, or the Republican

National Congressional Committee, if -

(A) such employee has at least 4 years and 6 months of service

on such committees as of December 12, 1980; and

(B) such employee makes a deposit to the Fund in an amount

equal to the amount which would be required under section 8834(c)

of this title if such service were service as a Congressional

employee.

(2) Upon application to the Office of Personnel Management, any

individual who was an employee on the date of enactment of this

paragraph, and who has on such date or thereafter acquires 5 years

or more of creditable civilian service under this section

(exclusive of service for which credit is allowed under this

subsection) shall be allowed credit (as service as a congressional

employee) for service before December 31, 1990, while employed by

the Democratic Senatorial Campaign Committee, the Republican

Senatorial Campaign Committee, the Democratic National

Congressional Committee, or the Republican National Congressional

Committee, if -

(A) such employee has at least 4 years and 6 months of service

on such committees as of December 31, 1990; and

(B) such employee makes a deposit to the Fund in an amount equal

to the amount which would be required under section 8334(c) if such

service were service as a congressional employee.

(3) The Office shall accept the certification of the President of

the Senate (or his designee) or the Speaker of the House (or his

designee), as the case may be, concerning the service of, and the

amount of compensation received by, an employee with respect to

which credit is to be sought under this subsection.

(4) An individual receiving credit for service for any period

under this subsection shall not be granted credit for such service

under the provisions of the Social Security Act.

(n) Any employee who -

(1) served in a position in which the employee was excluded

from coverage under this subchapter because the employee was

covered under a retirement system established under section 10 of

the Federal Reserve Act; and

(2) transferred without a break in service to a position to

which the employee was appointed by the President, with the

advice and consent of the Senate, and in which position the

employee is subject to this subchapter,

shall be treated for all purposes of this subchapter as if any

service that would have been creditable under the retirement system

established under section 10 of the Federal Reserve Act was service

performed while subject to this subchapter if any employee and

employer deductions, contributions or rights with respect to the

employee's service are transferred from such retirement system to

the Fund.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 567; Pub. L. 90-83, Sec.

1(73), Sept. 11, 1967, 81 Stat. 214; Pub. L. 90-486, Sec. 5(a),

Aug. 13, 1968, 82 Stat. 757; Pub. L. 91-177, title I, Sec. 112(a),

Dec. 30, 1969, 83 Stat. 831; Pub. L. 91-510, title IV, Sec. 442(b),

Oct. 26, 1970, 84 Stat. 1191; Pub. L. 91-658, Sec. 1, Jan. 8, 1971,

84 Stat. 1961; Pub. L. 92-297, Sec. 7(1), May 16, 1972, 86 Stat.

144; Pub. L. 92-454, Sec. 1, Oct. 2, 1972, 86 Stat. 760; Pub. L.

93-113, title VI, Sec. 602, Oct. 1, 1973, 87 Stat. 417; Pub. L.

94-183, Sec. 2(32), (33), (39), Dec. 31, 1975, 89 Stat. 1058, 1059;

Pub. L. 95-382, Sec. 1(a), Sept. 22, 1978, 92 Stat. 727; Pub. L.

95-454, title IX, Sec. 906(a)(2), (3), Oct. 13, 1978, 92 Stat.

1224; Pub. L. 96-54, Sec. 2(a)(48), Aug. 14, 1979, 93 Stat. 384;

Pub. L. 96-465, title II, Sec. 2313, Oct. 17, 1980, 94 Stat. 2167;

Pub. L. 96-523, Sec. 4(a), Dec. 12, 1980, 94 Stat. 3040; Pub. L.

97-164, title II, Sec. 207(a), Apr. 2, 1982, 96 Stat. 54; Pub. L.

97-253, title III, Sec. 306(b), (c), Sept. 8, 1982, 96 Stat. 795,

796; Pub. L. 97-346, Sec. 3(a), (b), Oct. 15, 1982, 96 Stat. 1647;

Pub. L. 98-51, title I, Sec. 111(2), July 14, 1983, 97 Stat. 269;

Pub. L. 89-702, title II, Sec. 209(a)-(e), as added Pub. L. 98-129,

Sec. 2, Oct. 14, 1983, 97 Stat. 843; Pub. L. 98-369, div. B, title

II, Sec. 2208(a), July 18, 1984, 98 Stat. 1060; Pub. L. 99-251,

title II, Sec. 202, Feb. 27, 1986, 100 Stat. 23; Pub. L. 99-335,

title II, Sec. 207(g), June 6, 1986, 100 Stat. 595; Pub. L. 99-556,

title V, Sec. 502(a), Oct. 27, 1986, 100 Stat. 3140; Pub. L.

99-638, Sec. 2(b)(2), Nov. 10, 1986, 100 Stat. 3536; Pub. L.

100-204, title V, Sec. 503, Dec. 22, 1987, 101 Stat. 1383; Pub. L.

101-530, Sec. 1, Nov. 6, 1990, 104 Stat. 2338; Pub. L. 102-83, Sec.

5(c)(2), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102-242, title IV,

Sec. 466(a), Dec. 19, 1991, 105 Stat. 2384; Pub. L. 102-378, Sec.

2(58), Oct. 2, 1992, 106 Stat. 1354; Pub. L. 103-82, title III,

Sec. 371(a)(1), title IV, Sec. 405(b), Sept. 21, 1993, 107 Stat.

909, 921; Pub. L. 103-337, div. A, title XVI, Sec. 1677(a)(3),

Oct. 5, 1994, 108 Stat. 3019; Pub. L. 104-186, title II, Sec.

215(11), Aug. 20, 1996, 110 Stat. 1746; Pub. L. 104-201, div. A,

title VI, Sec. 637(a), Sept. 23, 1996, 110 Stat. 2580; Pub. L.

106-57, title III, Sec. 312, Sept. 29, 1999, 113 Stat. 428; Pub. L.

106-554, Sec. 1(a)(4) (div. A, Sec. 901(a)(1)), Dec. 21, 2000, 114

Stat. 2763, 2763A-195; Pub. L. 107-107, div. A, title XI, Sec.

1132(a)(1), Dec. 28, 2001, 115 Stat. 1242.)

-MISC1-

Historical and Revision Notes

1966 Act

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 2253 (less July 31, 1956, ch.

(f) and (g)). 804, Sec. 401

''Sec. 3 (less (f)

and (g))'', 70

Stat. 745.

Aug. 1, 1956, ch.

837, Sec. 409, 70

Stat. 877.

June 17, 1957, Pub.

L. 85-56, Sec.

2201(2), 71 Stat.

157.

Sept. 2, 1958, Pub.

L. 85-857, Sec.

13(c), 72 Stat.

1264.

Sept. 21, 1959, Pub.

L. 86-306, Sec. 1,

73 Stat. 583.

Sept. 22, 1961, Pub.

L. 87-293, Sec. 21,

75 Stat. 623.

5 U.S.C. 2252(g) (2d July 31, 1956, ch.

sentence). 804, Sec. 401

''Sec. 2(g) (2d

sentence)'', 70

Stat. 745.

5 U.S.C. 2252(h)(2), July 1, 1960, Pub.

(3). L. 86-568, Sec.

115(b)(1) ''(h)(2),

(3)'', 74 Stat.

302.

Oct. 4, 1961, Pub.

L. 87-350, Sec.

2(a), 75 Stat. 770.

5 U.S.C. 1054 (less Aug. 4, 1947, ch.

1st 27 words). 452, Sec. 5 (less

1st 27 words), 61

Stat. 728.

22 U.S.C. 2504(f) Sept. 22, 1961, Pub.

(as applicable to L. 87-293, Sec.

the Civil Service 5(f) (as applicable

Retirement Act, as to the Civil

amended). Service Retirement

Act, as amended),

75 Stat. 614.

Dec. 13, 1963, Pub.

L. 88-200, Sec.

2(c) (as applicable

to the Civil

Service Retirement

Act, as amended),

77 Stat. 359.

-------------------------------

The section is reorganized for clarity.

Subsection (b)(B) is added on authority of section 2522(e) of

title 22.

In subsection (c)(1)(B), the words ''as that term is defined by

section 301 of title 38'' are coextensive with and substituted for

''as that term is used in chapter 11 of Title 38''.

In subsection (c)(2), the words ''under chapter 67 of title 10''

are substituted for ''title III of Public Law 810, Eightieth

Congress'' on authority of the Act of Aug. 10, 1956, ch. 104, Sec.

49(b), 70A Stat. 640.

In subsection (f), the words ''without pay'' are added after

''leaves of absence'' in the first sentence for clarity and to

align it with the use of the term in the second sentence. The

words ''postal field service'' are coextensive with and substituted

for ''postal service''.

In subsection (g), the words ''has left'' are omitted as

executed.

In subsection (i), the words ''but nothing contained in this

chapter (chapter 30 of title 5) shall affect, otherwise than for

the purposes of this chapter, the basis, under applicable law other

than this chapter, on which such United States Commissioner is

employed or on which his compensation is determined and paid'' are

omitted from the last sentence as surplusage as there is nothing in

the chapter that can reasonably be construed to affect that basis

other than for the purposes of the chapter.

In subsection (j), the words ''or section 2504(f) of Title 22''

are omitted as unnecessary since the provisions of that section

applicable to this subchapter are carried into subsection (b). The

last sentence is added on authority of section 2522(e) of title 22.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

1967 Act

---------------------------------------------------------------------

Section of title 5 Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

8332(k)(1) 5 App.: 2253(k)(1). July 18, 1966, Pub.

8332(k)(2) 5 App.: 2253(k)(2). L. 89-504, Sec.

503, 80 Stat. 300.

-------------------------------

In subsection (k)(1), the words ''as defined by section 8331(1)

of this title'' are substituted for ''as defined in section 1(a) of

this Act''. The words ''occurring after July 17, 1966'' are

substituted for ''occurring on or after date of enactment of this

subsection''. The words ''notwithstanding the second sentence of

subsection (f) of this section'' are substituted for

''notwithstanding the provisions of the second sentence of section

3(c) of this Act''. The last sentence is substituted for the second

sentence of former subsection (k)(1) to reflect the current effect

of the subsection with regard to those employees who were on leave

without pay on July 18, 1966, and who filed a similar election

within the time prescribed by that sentence.

In subsection (k)(2), the words ''before July 18, 1966'' are

substituted for ''prior to the date of enactment of this

subsection''. The words ''as defined by section 8331(1) of this

title'' are substituted for ''as defined in section 1(a) of this

Act''. The second sentence is substituted for ''and may receive

full retirement credit for such period or periods of leave without

pay''. The words ''If the employee dies'' are substituted for ''In

the event of his death''. The words ''as defined by section

8331(10) of this title'' are substituted for ''as defined in

section 1(o) of this Act''. In the last sentence, the words

''described in this paragraph'' following ''If the deposit'' are

omitted as unnecessary. The words ''the second sentence of

subsection (f) of this section'' are substituted for ''the second

sentence of section 3(c) of this Act''.

-REFTEXT-

REFERENCES IN TEXT

The Economic Opportunity Act of 1964, referred to in subsecs.

(b)(7) and (j)(1), (3), is Pub. L. 88-452, Aug. 20, 1964, 73 Stat.

508, as amended, which was classified generally to chapter 34 (Sec.

2701 et seq.) of Title 42, The Public Health and Welfare, prior to

repeal, except for titles VIII and X, by Pub. L. 97-35, title VI,

Sec. 683(a), Aug. 13, 1981, 95 Stat. 519. Titles VIII and X of the

Act are classified generally to subchapters VIII (Sec. 2991 et

seq.) and X (Sec. 2996 et seq.) of chapter 34 of Title 42. Part A

of title VIII of that Act is part A of title VIII of Pub. L. 88-452

as added by Pub. L. 90-222, title I, Sec. 110, Dec. 23, 1967, 81

Stat. 722, which was classified generally to part A (Sec. 2992 et

seq.) of subchapter VIII of chapter 34 of Title 42, prior to its

repeal by Pub. L. 93-113, title VI, Sec. 603, Oct. 1, 1973, 87

Stat. 417. See sections 4951 et seq. and 5055 of Title 42. For

complete classification of this Act to the Code, see Tables.

Parts A, B, and C of title I of the Domestic Volunteer Service

Act of 1973, referred to in subsecs. (b)(7) and (j)(1), (3), are

classified to part A (Sec. 4951 et seq.), part B (Sec. 4971 et

seq.), and part C (Sec. 4991 et seq.), respectively, of subchapter

I of chapter 66 of Title 42.

Section 410 of the Foreign Service Act of 1980, referred to in

subsec. (b)(10), is classified to section 3970 of Title 22, Foreign

Relations and Intercourse.

The effective date of this paragraph, referred to in subsec.

(b)(13), is Jan. 3, 1978, the effective date of section 111(2) of

Pub. L. 98-51. See Effective Date of 1983 Amendment note below.

The effective date of this paragraph, referred to in subsec.

(b)(14), is Oct. 14, 1983, the date of enactment of Pub. L. 98-129.

The date of the enactment of the Nonappropriated Fund

Instrumentalities Employees' Retirement Credit Act of 1986,

referred to in subsec. (b)(16), is the date of enactment of section

2 of Pub. L. 99-638, which was approved Nov. 10, 1986.

Chapter 67 of that title as in effect before the effective date

of the Reserve Officer Personnel Management Act, referred to in

subsec. (c)(2)(B), means chapter 67 (Sec. 1331 et seq.) of Title

10, Armed Forces, prior to its transfer to part II of subtitle E of

Title 10, its renumbering as chapter 1223, and its general revision

by section 1662(j)(1) of Pub. L. 103-337. A new chapter 67 (Sec.

1331) of Title 10 was added by section 1662(j)(7) of Pub. L.

103-337. For effective date of the Reserve Officer Personnel

Management Act (Pub. L. 103-337, title XVI), see section 1691 of

Pub. L. 103-337, set out as an Effective Date note under section

10001 of Title 10.

The Peace Corps Act, referred to in subsec. (j)(3), is Pub. L.

87-293, Sept. 22, 1961, 75 Stat. 612, as amended, which is

classified principally to chapter 34 (Sec. 2501 et seq.) of Title

22, Foreign Relations and Intercourse. For complete classification

of this Act to the Code, see Short Title note set out under section

2501 of Title 22 and Tables.

Section 67 of the Act entitled ''An Act to provide a government

for the Territory of Hawaii'', approved April 30, 1900 (chapter

339, Fifty-sixth Congress; 31 Stat. 153), referred to in subsec.

(l)(1)(B)(ii), formerly classified to section 532 of Title 48,

Territories and Insular Possessions, was omitted from such Title

following the statehood of Hawaii.

Sections 4067 through 4070 of the Revised Statutes, referred to

in subsec. (l)(1)(B)(iv), are classified to sections 21 through 24

of Title 50, War and National Defense.

The date of enactment of this subsection, referred to in subsec.

(m)(1), means the date of enactment of Pub. L. 96-523 which was

approved Dec. 12, 1980.

The date of enactment of this paragraph, referred to in subsec.

(m)(2), is the date of enactment of Pub. L. 106-554, which was

approved Dec. 21, 2000.

The Social Security Act, referred to in subsec. (m)(4), is act

Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended, which is

classified generally to chapter 7 (Sec. 301 et seq.) of Title 42,

The Public Health and Welfare. For complete classification of this

Act to the Code, see section 1305 of Title 42 and Tables.

Section 10 of the Federal Reserve Act, referred to in subsec.

(n), is section 10 of act Dec. 23, 1913, ch. 6, 38 Stat. 260, as

amended. For classification of section 10 to the Code, see

Codification note set out under section 241 of Title 12, Banks and

Banking, and Tables.

-MISC2-

AMENDMENTS

2001 - Subsec. (b). Pub. L. 107-107, Sec. 1132(a)(1)(D), (E), in

concluding provisions, inserted ''or (17)'' after ''service of the

type described in paragraph (16)'' and inserted at end ''Service

credited under paragraph (17) may not also be credited under any

other retirement system provided for employees paid from

nonappropriated funds of a nonappropriated fund instrumentality.''

Subsec. (b)(17). Pub. L. 107-107, Sec. 1132(a)(1)(A)-(C), added

par. (17).

2000 - Subsec. (m)(2) to (4). Pub. L. 106-554 added par. (2) and

redesignated former pars. (2) and (3) as (3) and (4), respectively.

1999 - Subsec. (m)(1)(A). Pub. L. 106-57 amended subpar. (A)

generally. Prior to amendment, subpar. (A) read as follows: ''such

employee has at least 5 years service on such committees as of the

effective date of this section, and''.

1996 - Subsec. (b). Pub. L. 104-186 substituted ''Chief

Administrative Officer'' for ''Clerk'' in fourth sentence of

concluding provisions.

Subsec. (c)(1). Pub. L. 104-201, Sec. 637(a)(2), in introductory

provisions, substituted ''Except as provided in paragraphs (2) and

(4)'' for ''Except as provided in paragraph (2)''.

Subsec. (c)(4). Pub. L. 104-201, Sec. 637(a)(1), added par. (4).

1994 - Subsec. (c)(2)(B). Pub. L. 103-337 substituted ''chapter

1223 of title 10 (or under chapter 67 of that title as in effect

before the effective date of the Reserve Officer Personnel

Management Act)'' for ''chapter 67 of title 10''.

1993 - Subsec. (j)(1). Pub. L. 103-82, Sec. 405(b), which

directed that ''the Chief Executive Officer of the Corporation for

National and Community Service'' be substituted for ''the Director

of ACTION'', could not be executed because ''the Director of

ACTION'' does not appear in text.

Pub. L. 103-82, Sec. 371(a)(1)(A)(i), in first sentence inserted

''the period of an individual's service as a full-time volunteer

enrolled in a program of at least 1 year's duration under part A,

B, or C of title I of the Domestic Volunteer Service Act of 1973,''

after ''Economic Opportunity Act of 1964,''.

Pub. L. 103-82, Sec. 371(a)(1)(A)(ii), in second sentence

inserted '', as a full-time volunteer enrolled in a program of at

least 1 year's duration under part A, B, or C of title I of the

Domestic Volunteer Service Act of 1973,'' after ''Economic

Opportunity Act of 1964''.

Pub. L. 103-82, Sec. 371(a)(1)(A)(iii), in last sentence inserted

''or under part A, B, or C of title I of the Domestic Volunteer

Service Act of 1973'' after ''Economic Opportunity Act of 1964'',

and inserted ''or the Chief Executive Officer of the Corporation

for National and Community Service, as appropriate,'' after

''Director of the Office of Economic Opportunity''.

Subsec. (j)(3). Pub. L. 103-82, Sec. 371(a)(1)(B), added par.

(3).

1992 - Subsec. (b). Pub. L. 102-378 substituted ''paragraph

(16)'' for ''paragrpah (16)''.

1991 - Subsec. (c)(2)(A)(ii). Pub. L. 102-83 substituted

''section 1101 of title 38'' for ''section 301 of title 38''.

Subsec. (n). Pub. L. 102-242 added subsec. (n).

1990 - Subsec. (b). Pub. L. 101-530 struck out at beginning of

last paragraph ''service referred to in paragraph (6) is allowable

only in the case of persons performing service under section 709 of

title 32 after December 31, 1968.''

1987 - Subsec. (b). Pub. L. 100-204 inserted '', and the

Secretary of State with respect to the Asia Foundation and the

Secretary of Defense with respect to the Armed Forces Network,

Europe (AFN-E),'' after ''Board for International Broadcasting'' in

last paragraph.

1986 - Subsec. (b). Pub. L. 99-638 which directed the amendment

of subchapter (b) of section 8332 by adding par. (16) and closing

provision relating to acceptance by the Office of Personnel

Management of the certification of a nonappropriated fund

instrumentality concerning service of the type described in par.

(16) was executed to subsec. (b) of this section, as the probable

intent of Congress.

Pub. L. 99-335, Sec. 207(g)(1)(C), (D), substituted ''paragraph

(14)'' for ''paragraph (13)'' in second sentence following par.

(15), and inserted last sentence providing that for purposes of

this subchapter, service of the type described in par. (15) of this

subsection shall be considered Member service.

Subsec. (b)(13) to (15). Pub. L. 99-335, Sec. 207(g)(1)(A), (B),

redesignated the par. (13), relating to service credits for

Pribilof Island Natives for taking and curing of fur seal skins and

other activities, as par. (14), and added par. (15).

Subsec. (c)(3). Pub. L. 99-556 added par. (3).

Subsec. (f). Pub. L. 99-335, Sec. 207(g)(2), substituted

''paragraph (14)'' for ''paragraph (13)''.

Subsec. (j)(1). Pub. L. 99-251 substituted ''spouse, former

spouse'' for ''widow'' wherever appearing.

Subsec. (k). Pub. L. 99-335, Sec. 207(g)(3), which directed the

substitution of ''third'' for ''second'' in last sentence of par.

(1), was executed by substituting ''third'' for ''second'' in

penultimate sentence of par. (1) and last sentence of par. (2) as

the probable intent of Congress.

1984 - Subsec. (b)(13). Pub. L. 98-369 inserted in the par. (13)

added by Pub. L. 98-129 '', and regardless of whether the Native

who performs the service retires before, on, or after the effective

date of this paragraph''.

1983 - Subsec. (b). Pub. L. 98-129 substituted ''Except as

provided in paragraph (13) of this subsection, credit'' for

''Credit'' in provisions preceding par. (1), and inserted in

provisions immediately following par. (13) the sentence providing

that the Office of Personnel Management shall accept the

certification of the Secretary of Commerce or his designee

concerning service for the purpose of this subchapter of the type

performed by an employee named by par. (13) of this subsection.

Pub. L. 98-51, Sec. 111(2)(D), inserted in provisions immediately

following par. (13) the sentence providing that the Office of

Personnel Management shall accept the certification of the Clerk of

the House of Representatives concerning service for the purpose of

this subchapter of the type described in par. (13) of this

subsection.

Subsec. (b)(13). Pub. L. 98-129 added a par. (13) relating to

service performed by Pribilof Island Natives.

Pub. L. 98-51, Sec. 111(2)(A)-(C), added a par. (13) relating to

service by a person as an employee of the House Beauty Shop.

Subsec. (f). Pub. L. 98-129 inserted ''and service described in

paragraph (13) of subsection (b) of this section,'' after ''postal

field service''.

Subsec. (l)(1)(C). Pub. L. 98-129 added subpar. (C).

1982 - Subsec. (b)(12). Pub. L. 97-164 added par. (12).

Subsec. (c). Pub. L. 97-253, Sec. 306(b), designated existing

first sentence as par. (1), inserted provision differentiating

between individuals who become employees or Members before Oct. 1,

1982, and those who become so on or after Oct. 1, 1982, and

designated existing second sentence as par. (2) with accommodating

redesignations of paragraphs and subparagraphs as subparagraphs and

clauses accordingly.

Subsec. (c)(1)(A). Pub. L. 97-346, Sec. 3(a), substituted

''period'' for ''month''.

Subsec. (c)(1)(B). Pub. L. 97-346, Sec. 3(b), redesignated

provisions following ''shall include credit for'' as cl. (i),

substituted ''each period of military service performed before

January 1, 1957, and'' for ''each month of military service

(performed before the date of the separation on which the

entitlement to an annuity under this subchapter is based) only if a

deposit with interest, if any, is made with respect to that month,

as provided in section 8334(j) of this title'', and added cl. (2).

Subsec. (j). Pub. L. 97-253, Sec. 306(c), redesignated existing

provisions as par. (1) and added par. (2).

Subsec. (j)(2)(A). Pub. L. 97-346, Sec. 3(a), substituted

''period'' for ''month''.

1980 - Subsec. (b)(10), (11). Pub. L. 96-465 added pars. (10) and

(11) and last sentence relating to acceptance by the Office of

Personnel Management of the certification of the Executive Director

of the Board for International Broadcasting.

Subsec. (m). Pub. L. 96-523 added subsec. (m).

1979 - Subsec. (b). Pub. L. 96-54, Sec. 2(a)(48)(B), substituted

''after December 31, 1968'' for ''United States Code, on or after

the effective date of the National Guard Technicians Act of 1968''

in last sentence.

Subsec. (b)(6). Pub. L. 96-54, Sec. 2(a)(48)(A), struck out '',

United States Code'' after ''32''.

1978 - Subsecs. (b), (j). Pub. L. 95-454 substituted ''Office of

Personnel Management'' and ''Office'' for ''Civil Service

Commission'' and ''Commission'', respectively, wherever appearing.

Subsec. (l). Pub. L. 95-382 added subsec. (l).

1975 - Subsec. (b)(7). Pub. L. 94-183, Sec. 2(39), struck out ''(

- U.S.C. - )'' after ''Domestic Volunteer Service Act of 1973''.

Subsec. (b)(8). Pub. L. 94-183, Sec. 2(32), substituted ''after

February 18, 1929, and before noon on January 3, 1971'' for ''on

and after February 19, 1929, and prior to the effective date of

section 442 of the Legislative Reorganization Act of 1970''.

Subsec. (b)(9). Pub. L. 94-183, Sec. 2(33), substituted

''8339(i)'' for ''8339(h)''.

1973 - Subsec. (b)(7). Pub. L. 93-113 included period of service

of a full-time volunteer enrolled in a program of at least one

year's duration under part A, B, or C of title I of the Domestic

Volunteer Service Act of 1973.

1972 - Subsec. (b). Pub. L. 92-454 added par. (9).

Pub. L. 92-297 substituted ''8339(i)'' for ''8339(h)'' in pars.

(3) and (8).

1971 - Subsec. (f). Pub. L. 91-658 provided for leave-without-pay

status for retirement purposes of employees or former employees who

return to duty after a period of separation during which

compensation benefits were received.

1970 - Subsec. (b). Pub. L. 91-510 added par. (8) and provision

for Civil Service Commission acceptance of certification of Capitol

Guide Board concerning service for purpose of this subchapter,

respectively.

1969 - Subsec. (b)(7). Pub. L. 91-177, Sec. 112(a)(1), added par.

(7).

Subsec. (j). Pub. L. 91-177, Sec. 112(a)(2), excluded period of

an individual's services as a VISTA volunteer under part A of

subchapter VIII of title 42, from aggregate period of service

determining annuity payments.

Pub. L. 91-177, Sec. 112(a)(3), inserted provision for

computation of period of service of a VISTA volunteer under part A

of subchapter VIII of title 42.

1968 - Subsec. (b). Pub. L. 90-486 added par. (6), and provisions

that service referred to in par. (6) is allowable only in the case

of persons performing service under section 709 of title 32, on or

after the specified effective date.

-CHANGE-

CHANGE OF NAME

Secretary of Health, Education, and Welfare redesignated

Secretary of Health and Human Services by section 3508 of Title 20,

Education.

-MISC4-

EFFECTIVE DATE OF 2001 AMENDMENT

Pub. L. 107-107, div. A, title XI, Sec. 1132(c), Dec. 28, 2001,

115 Stat. 1244, provided that: ''The amendments made by this

section (amending this section and sections 8334, 8339, 8411, 8415,

and 8422 of this title) shall apply only to separations from

service as an employee of the United States on or after the date of

the enactment of this Act (Dec. 28, 2001).''

EFFECTIVE DATE OF 1996 AMENDMENT

Section 637(c) of Pub. L. 104-201 provided that: ''The amendments

made by subsections (a) and (b) (amending this section and section

8411 of this title) shall take effect on January 1, 1997.''

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-337 effective Dec. 1, 1994, except as

otherwise provided, see section 1691 of Pub. L. 103-337, set out as

an Effective Date note under section 10001 of Title 10, Armed

Forces.

EFFECTIVE DATE OF 1993 AMENDMENT

Section 371(c) of Pub. L. 103-82 provided that:

''(1) Applicability. -

''(A) Amendments relating to csrs. -

''(i) In general. - The amendments made by subsection (a)

(amending this section and section 8334 of this title) shall

apply with respect to any individual entitled to an annuity on

the basis of a separation from service occurring on or after

the effective date of this subtitle (Oct. 1, 1993).

''(ii) Rules relating to annuities based on earlier

separations. - An annuity under subchapter III of chapter 83 of

title 5, United States Code, payable to an individual based on

a separation from service occurring before the effective date

of this subtitle shall be subject to the provisions of

paragraph (2).

''(B) Amendments relating to fers. -

''(i) In general. - The amendments made by subsection (b)

(amending sections 8411 and 8422 of this title) shall apply

with respect to any individual entitled to an annuity on the

basis of a separation from service occurring before, on, or

after the effective date of this subtitle (Oct. 1, 1993),

subject to clause (ii).

''(ii) Rule relating to annuities based on earlier

separations. - In the case of any individual whose entitlement

to an annuity is based on a separation from service occurring

before the effective date of this subtitle, any increase in

such individual's annuity on the basis of a deposit made under

section 8442(f) of title 5, United States Code, as amended by

subsection (b)(2), shall be effective beginning with the

annuity payment payable for the first calendar month beginning

after the effective date of this subtitle.

''(2) Special rules. -

''(A) Old-age or survivors insurance benefits. - Subject to

subparagraph (B), in any case in which an individual described in

paragraph (1)(A)(ii) is also entitled to old-age or survivors

insurance benefits under section 202 of the Social Security Act

(42 U.S.C. 402) (or would be entitled to such benefits upon

filing an application therefor), the amount of the annuity to

which such individual is entitled under subchapter III of chapter

83 of title 5, United States Code (after taking into account any

creditable service as a volunteer or volunteer leader under the

Economic Opportunity Act of 1964 (42 U.S.C. 2701 et seq.), the

Domestic Volunteer Service Act of 1973 (42 U.S.C. 4950 et seq.),

or the Peace Corps Act (22 U.S.C. 2501 et seq.)) which is payable

for any month shall be reduced by an amount determined by

multiplying the amount of such old-age or survivors insurance

benefit for the determination month by a fraction -

''(i) the numerator of which is the total of the wages

(within the meaning of section 209 of the Social Security Act

(42 U.S.C. 409)) for service as a volunteer or volunteer leader

under the Economic Opportunity Act of 1964, the Domestic

Volunteer Service Act of 1973, or the Peace Corps Act of such

individual credited for years before the calendar year in which

the determination month occurs, up to the contribution and

benefit base determined under section 230 of the Social

Security Act (42 U.S.C. 430) (or other applicable maximum

annual amount referred to in section 215(e)(1) of such Act (42

U.S.C. 415(e)(1)) for each such year); and

''(ii) the denominator of which is the total of all wages

described in clause (i), plus all other wages (within the

meaning of section 209 of such Act (42 U.S.C. 409)) and all

self-employment income (within the meaning of section 211(b) of

such Act (42 U.S.C. 411(b))) of such individual credited for

years after 1936 and before the calendar year in which the

determination month occurs, up to the contribution and benefit

base (or such other amount referred to in section 215(e)(1) of

such Act (42 U.S.C. 415(e)(1)) for each such year.

''(B) Limitations. -

''(i) Reduction in annuity. - Subparagraph (A) shall not

reduce the annuity of an individual below the amount of the

annuity which would be payable to the individual for the

determination month if the provisions of section 8332(j) of

title 5, United States Code, relating to service as a volunteer

or volunteer leader, applied to the individual for such month.

''(ii) Application. - Subparagraph (A) shall not apply in the

case of an individual who, prior to the date of enactment of

this Act (Sept. 21, 1993), made a deposit under section 8334(c)

of title 5, United States Code, with respect to service as a

volunteer or volunteer leader (as described in subparagraph

(A)).

''(iii) Determination month. - For purposes of this

paragraph, the term 'determination month' means -

''(I) the first month the individual described in paragraph

(1)(A)(ii) is entitled to old-age or survivors benefits under

section 202 of the Social Security Act (42 U.S.C. 402) (or

would be entitled to such benefits upon filing an application

therefor); or

''(II) the first calendar month beginning after the date of

enactment of this Act (Sept. 21, 1993), in the case of any

individual entitled to such benefits for such month.

''(iv) Rule relating to annuities based on earlier

separations. - Any increase in an annuity which occurs by

virtue of the enactment of this paragraph shall be effective

beginning with the annuity payment payable for the first

calendar month beginning after the effective date of this

subtitle (Oct. 1, 1993).

''(3) Furnishing of information. - The Secretary of Health and

Human Services shall furnish such information to the Office of

Personnel Management as may be necessary to carry out this

subsection.

''(4) Action to inform individuals. - The Director of the Office

of Personnel Management shall take such action as may be necessary

and appropriate to inform individuals entitled to credit under this

section for service as a volunteer or volunteer leader, or to have

any annuity recomputed, or to make a deposit under this section, of

such entitlement.''

Amendment by section 371(a)(1) of Pub. L. 103-82 effective Oct.

1, 1993, see section 392 of Pub. L. 103-82, set out as a note under

section 4951 of Title 42, The Public Health and Welfare.

Section 406(b) of Pub. L. 103-82 provided that: ''The amendments

made by sections 404 and 405 (amending this section, section 558a

of Title 16, Conservation, section 2501-1 of Title 22, Foreign

Relations and Intercourse, section 1542 of Title 25, Indians, and

sections 3012, 3013, 3035a, 4950, 4953, 4995, 5025, 5043, 5048,

5056, 5061, 5065, 5590, 5616, 6863, 11312, 11851, 12312, 12638, and

12653 of Title 42, and amending provisions set out as notes under

section 1701z-6 of Title 12, Banks and Banking, and sections 4954

and 5001 of Title 42) shall take effect on the effective date of

section 203(c)(2).'' (Section 203(c)(2) of Pub. L. 103-82 is

effective Apr. 4, 1994, see section 203(d) of Pub. L. 103-82 and

Proc. No. 6662, set out as notes under section 12651 of Title 42.)

EFFECTIVE DATE OF 1991 AMENDMENT

Section 466(c) of Pub. L. 102-242 provided that: ''The amendment

made by this section (amending this section and section 8411 of

this title) shall apply with respect to any individual who

transfers to a position in which he or she is subject to subchapter

III of chapter 83 or chapter 84 of title 5, United States Code, on

or after October 1, 1991.''

EFFECTIVE DATE OF 1990 AMENDMENT

Section 3(a) of Pub. L. 101-530 provided that:

''(1) General rule. -

''(A) Eligibility. - Except as provided in paragraph (2), the

amendment made by section 1 (amending this section) applies only

with respect to individuals who -

''(i) separate from employment with the Government on or

after the date of enactment of this Act (Nov. 6, 1990); and

''(ii) make an appropriate deposit, in accordance with

section 8334(c) or 8411(f) of title 5, United States Code (as

appropriate), for additional service that is creditable under

such amendment.

''(B) Deposit. - Any such deposit -

''(i) shall include interest, which shall be computed under

section 8334(e) of such title (except that the rate of interest

shall be 3 percent a year) from the midpoint of the period of

additional service to the date deposit is made; and

''(ii) shall be made before date of retirement.

''(2) Exception. -

''(A) Rule for individuals separating after december 31, 1968,

and before the enactment of this act. - In the case of any

individual who -

''(i) was employed under section 709 of title 32, United

States Code, relating to National Guard technicians, or any

prior corresponding provision of law, before January 1, 1969,

and

''(ii) was separated from employment with the Government on

or after January 1, 1969, and before the date of enactment of

this Act (Nov. 6, 1990),

any annuity under subchapter III of chapter 83 or chapter 84 of

title 5, United States Code, based on such individual's service

(as defined in section 8331(12) or 8401(26) of such title, as

applicable) shall be determined or redetermined to take into

account the amendment made by section 1 (amending this section),

if application therefor is received by the Office of Personnel

Management within 1 year after the date of enactment of this Act,

and an appropriate deposit is made for any additional service

that is creditable under such amendment. Any such deposit shall

be computed, and must be paid either in a lump sum at the time of

application or in installments over the 2-year period which

begins on the date of application, or such shorter period as the

Office may by regulation prescribe.

''(B) Earlier payments not affected by recomputation. - Any

change in an annuity resulting from a redetermination under

subparagraph (A) shall apply only with respect to monthly

payments accruing after the date the deposit required under

subparagraph (A) is made (or, if payments are to be made in

installments, after an agreement has been entered into regarding

the manner in which such payments will be made).

''(3) Payment by survivors. - For the purpose of survivor

annuities, any deposit or installment payment required by paragraph

(1) or (2) relating to service of an individual may also be made by

a survivor of such individual.''

EFFECTIVE DATE OF 1986 AMENDMENTS

Section 2(c) of Pub. L. 99-638 provided that: ''Notwithstanding

any other provision of this Act (amending this section and section

2105 of this title and enacting provisions set out as notes under

this section and section 8331 of this title) which specifies an

effective date for amendments made by this Act, the amendments made

by this section (amending this section and section 2105 of this

title) shall take effect on the date of the enactment of this Act

(Nov. 10, 1986).''

Section 502(c) of Pub. L. 99-556 provided that:

''(1) The amendments made by this section (amending this section

and section 8411 of this title) shall apply to a survivor of an

employee or Member who dies on or after the 180th day after the

date of the enactment of this Act (Oct. 27, 1986).

''(2) Upon application to the Office of Personnel Management,

such amendments shall also apply to a survivor of an employee or

Member whose date of death precedes such 180th day, except that any

resulting recomputation shall not be effective for any period

beginning before the 60th day after the date on which the

application is received.''

Amendment by Pub. L. 99-335 effective Jan. 1, 1987, see section

702(a) of Pub. L. 99-335, set out as an Effective Date note under

section 8401 of this title.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-369 effective Oct. 14, 1983, see section

2208(c) of Pub. L. 98-369, set out as a note under section 1169a of

Title 16, Conservation.

EFFECTIVE DATE OF 1983 AMENDMENT

Section 111(2) of Pub. L. 98-51 provided that the amendment made

by that section is effective Jan. 3, 1978.

EFFECTIVE DATE OF 1982 AMENDMENTS

Section 3(n) of Pub. L. 97-346 provided that: ''The amendments

made by this section (amending this section and sections 8334,

8342, 8344, and 8348 of this title and provisions set out as notes

under this section and sections 5504, 5532, 5728, 8331, 8334, and

8337 of this title) shall take effect as of the date of the

enactment of the Omnibus Budget Reconciliation Act of 1982 (Sept.

8, 1982).''

Amendment by Pub. L. 97-253 effective Oct. 1, 1982, except that

any employee or Member who retired after Sept. 8, 1982, and before

Oct. 1, 1985, or is entitled to an annuity under chapter 83 of this

title based on a separation from service occurring during such

period, or a survivor of such individual, may make a payment under

section 8334(j)(1) of this title, and regulations required to be

issued under section 8334(j)(1) of this title, to be issued by the

Office of Personnel Management within 90 days after such effective

date, see section 306(g) of Pub. L. 97-253, as amended, set out as

a note under section 8331 of this title.

Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section

402 of Pub. L. 97-164, set out as a note under section 171 of Title

28, Judiciary and Judicial Procedure.

EFFECTIVE DATE OF 1980 AMENDMENTS

Section 4(b) of Pub. L. 96-523 provided that: ''The amendments

made by this section (amending this section) shall take effect on

the date of the enactment of this Act (Dec. 12, 1980).''

Amendment by Pub. L. 96-465 effective Feb. 15, 1981, except as

otherwise provided, see section 2403 of Pub. L. 96-465, set out as

an Effective Date note under section 3901 of Title 22, Foreign

Relations and Intercourse.

EFFECTIVE DATE OF 1979 AMENDMENT

Amendment by Pub. L. 96-54 effective July 12, 1979, see section

2(b) of Pub. L. 96-54, set out as a note under section 305 of this

title.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-454 effective 90 days after Oct. 13,

1978, see section 907 of Pub. L. 95-454, set out as a note under

section 1101 of this title.

EFFECTIVE DATE OF 1978 AMENDMENT; APPLICABILITY TO ANNUITIES;

RECOMPUTATION

Section 2 of Pub. L. 95-382 provided that:

''(a) The amendments made by this Act (amending this section and

section 8334 of this title) shall take effect on the later of -

''(1) the date of the enactment of this Act (Sept. 22, 1978),

or

''(2) October 1, 1978.

''(b) Subject to subsection (c) of this section, the amendments

made by the first section of this Act (amending this section and

section 8334 of this title), shall apply with respect to annuities

which commence before, on, or after the effective date of this Act,

but no monetary benefit by reason of such amendments shall accrue

for any period before such effective date.

''(c)(1) An annuity or survivor annuity based on the service of

an employee or Member who performed service described in section

8332(l) of title 5, United States Code, as added by the first

section of this Act, shall, upon application to the Civil Service

Commission, be recomputed in accordance with such section 8332(l).

''(2) Any recomputation of an annuity under paragraph (1) shall

apply with respect to months beginning more than 30 days after the

date on which application for such recomputation is received in the

Commission.

''(d)(1) The Civil Service Commission shall take such action as

may be necessary and and appropriate to inform individuals entitled

to have any service credited under section 8332(l) of title 5,

United States Code, as added by the first section of this Act, or

to have any annuity recomputed under subsection (c), of their

entitlement to such credit or recomputation.

''(2) The Civil Service Commission shall, on request, assist any

individual referred to in paragraph (1) in obtaining from any

department, agency, or other instrumentality of the United States

such information possessed by such instrumentality as may be

necessary to verify the entitlement of such individual to have any

service credited under such section 8332(l) or to have any annuity

recomputed under subsection (c).

''(3) Any department, agency, or other instrumentality of the

United States which possesses any information with respect to the

internment or other detention of any employee or Member as

described in such section 8332(l) shall, at the request of the

Commission, furnish such information to the Commission.''

EFFECTIVE DATE OF 1972 AMENDMENT

Amendment by Pub. L. 92-297 effective on 90th day after May 16,

1972, see section 10 of Pub. L. 92-297, set out as an Effective

Date note under section 3381 of this title.

EFFECTIVE DATE OF 1971 AMENDMENT

Section 5(a) of Pub. L. 91-658 provided that: ''The amendment

made by the first section of this Act (amending this section) is

effective only with respect to annuity accruing for full months

beginning after the date of enactment of this Act (Jan. 8, 1971);

but any part of a period of separation referred to in such

amendment in which the employee or former employee was receiving

benefits under subchapter I of chapter 81 of title 5, United States

Code, or any earlier statute on which such subchapter is based

shall be counted whether the employee returns to duty before, on,

or after such date of enactment. With respect to any person

retired before such date of enactment any such part of a period of

separation shall be counted only upon application of the former

employee.''

EFFECTIVE DATE OF 1970 AMENDMENT

Amendment by Pub. L. 91-510 effective immediately prior to noon

on Jan. 3, 1971, see section 601(1) of Pub. L. 91-510, set out as a

note under section 72a of Title 2, The Congress.

EFFECTIVE DATE OF 1969 AMENDMENT

Amendment by Pub. L. 91-177 effective as to all former volunteers

employed by the United States Government on or after the effective

date of Pub. L. 91-177 which was approved on Dec. 30, 1969, see

section 112(c) of Pub. L. 91-177.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-486 effective Jan. 1, 1969, except that

no deductions or withholding from salary which result shall

commence before first day of first pay period that begins on or

after Jan. 1, 1968, see section 11 of Pub. L. 90-486, set out as a

note under section 709 of Title 32, National Guard.

REGULATIONS

Section 4 of Pub. L. 101-530 provided that: ''The Office of

Personnel Management shall prescribe any regulations necessary for

the implementation of this Act (amending this section, enacting

provisions set out as a note above, and enacting and amending

provisions set out as notes under section 709 of Title 32, National

Guard).''

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-MISC5-

FORMER EMPLOYEES OF LEGISLATIVE SERVICE ORGANIZATIONS

Pub. L. 106-554, Sec. 1(a)(4) (div. A, Sec. 901(b)), Dec. 21,

2000, 114 Stat. 2763, 2763A-196, provided that:

''(1) Service of employees of legislative service organizations.

-

''(A) In general. - Subject to succeeding provisions of this

paragraph, upon application to the Office of Personnel Management

in such form and manner as the Office shall prescribe, any

individual who performed service as an employee of a legislative

service organization of the House of Representatives (as defined

and authorized in the One Hundred Third Congress) and whose pay

was paid in whole or in part by a source other than the Clerk

Hire account of a Member of the House of Representatives (other

than an individual described in paragraph (6)) shall be entitled

-

''(i) to receive credit under the provisions of subchapter

III of chapter 83 or chapter 84 of title 5, United States Code

(whichever would be appropriate), as congressional employee

service, for all such service; and

''(ii) to have all pay for such service which was so paid by

a source other than the Clerk Hire account of a Member included

(in addition to any amounts otherwise included in basic pay)

for purposes of computing an annuity payable out of the Civil

Service Retirement and Disability Fund.

''(B) Deposit requirement. - In order to be eligible for the

benefits described in subparagraph (A), an individual shall be

required to pay into the Civil Service Retirement and Disability

Fund an amount equal to the difference between -

''(i) the employee contributions that were actually made to

such Fund under applicable provisions of law with respect to

the service described in subparagraph (A); and

''(ii) the employee contributions that would have been

required with respect to such service if the amounts described

in subparagraph (A)(ii) had also been treated as basic pay.

The amount required under this subparagraph shall include

interest, which shall be computed under section 8334(e) of title

5, United States Code.

''(C) Certain offsets required in order to prevent double

contributions and benefits. - In the case of any period of

service as an employee of a legislative service organization

which constituted employment for purposes of title II of the

Social Security Act (42 U.S.C. 401 et seq.) -

''(i) any pay for such service (as described in subparagraph

(A)(ii)) with respect to which the deposit under subparagraph

(B) would otherwise be computed by applying the first sentence

of section 8334(a)(1) of title 5, United States Code, shall

instead be computed in a manner based on section 8334(k) of

such title; and

''(ii) any retirement benefits under subchapter III of

chapter 83 of title 5, United States Code, shall be subject to

offset (to reflect that portion of benefits under title II of

the Social Security Act (42 U.S.C. 401 et seq.) attributable to

pay referred to in subparagraph (A)) similar to that provided

for under section 8349 of such title.

''(2) Survivor annuitants. - For purposes of survivor annuities,

an application authorized by this section may, in the case of an

individual under paragraph (1) who has died, be made by a survivor

of such individual.

''(3) Recomputation of annuities. - Any annuity or survivor

annuity payable as of when an individual makes the deposit required

under paragraph (1) shall be recomputed to take into account the

crediting of service under such paragraph for purposes of amounts

accruing for any period beginning on or after the date on which the

individual makes the deposit.

''(4) Certification of speaker. - The Office of Personnel

Management shall accept the certification of the Speaker of the

House of Representatives (or the Speaker's designee) concerning the

service of, and the amount of compensation received by, an employee

with respect to whom credit is to be sought under this subsection.

''(5) Notification and other duties of the office of personnel

management. -

''(A) Notice. - The Office of Personnel Management shall take

such action as may be necessary and appropriate to inform

individuals of any rights they might have as a result of

enactment of this subsection.

''(B) Assistance. - The Office shall, on request, assist any

individual in obtaining from any department, agency, or other

instrumentality of the United States any information in the

possession of such instrumentality which may be necessary to

verify the entitlement of such individual to have any service

credited under this subsection or to have an annuity recomputed

under paragraph (3).

''(C) Information. - Any department, agency, or other

instrumentality of the United States which possesses any

information with respect to an individual's performance of any

service described in paragraph (1) shall, at the request of the

office, furnish such information to the Office.

''(6) Exclusion of certain employees. - An individual is not

eligible for credit under this subsection if the individual served

as an employee of the House of Representatives for an aggregate

period of 5 years or longer after the individual's final period of

service as an employee of a legislative service organization of the

House of Representatives.

''(7) Member defined. - In this subsection, the term 'Member of

the House of Representatives' includes a Delegate or Resident

Commissioner to Congress.''

CREDITABILITY OF ICC EMPLOYEE'S ANNUAL LEAVE FOR PURPOSES OF

MEETING MINIMUM ELIGIBILITY REQUIREMENTS FOR IMMEDIATE ANNUITY

Pub. L. 104-88, title I, Sec. 105, Dec. 29, 1995, 109 Stat. 920,

provided that:

''(a) In General. - An employee of the Interstate Commerce

Commission who is separated from Government service pursuant to the

abolition of that agency under section 101 (49 U.S.C. 701 note)

shall, upon appropriate written application, be given credit, for

purposes of determining eligibility for and computing the amount of

any annuity under subchapter III of chapter 83 or chapter 84 of

title 5, United States Code, for accrued annual leave standing to

such employee's credit at the time of separation.

''(b) Limitation and Other Conditions. - Any regulations

necessary to carry out this section shall be prescribed by the

Office of Personnel Management. Such regulations shall include

provisions -

''(1) defining the types of leave for which credit may be given

under this section (such definition to be similar to the

corresponding provisions of the regulations under section

351.608(c)(2) of title 5 of the Code of Federal Regulations, as

in effect on the date of the enactment of this Act (Dec. 29,

1995));

''(2) limiting the amount of accrued annual leave which may be

used for the purposes specified in subsection (a) to the minimum

period of time necessary in order to permit such employee to

attain first eligibility for an immediate annuity under section

8336, 8412, or 8414 of title 5, United States Code (in a manner

similar to the corresponding provisions of the regulations

referred to in paragraph (1));

''(3) under which contributions (or arrangements for the making

of contributions) shall be made so that -

''(A) employee contributions for any period of leave for

which retirement credit may be obtained under this section

shall be made by the employee; and

''(B) Government contributions with respect to such period

shall similarly be made by the Interstate Commerce Commission

or other appropriate officer or entity (out of appropriations

otherwise available for such contributions); and

''(4) under which subsection (a) shall not apply with respect

to an employee who declines a reasonable offer of employment in

another position in the Department of Transportation made under

this Act (see Tables for classification) or any amendment made by

this Act.

''(c) Extinguishment of Eligibility for Lump-Sum Payment. - A

lump-sum payment under section 5551 of title 5, United States Code,

shall not be payable with respect to any leave for which retirement

credit is obtained under this section.''

(Interstate Commerce Commission abolished and functions of

Commission transferred, except as otherwise provided in Pub. L.

104-88, to Surface Transportation Board effective Jan. 1, 1996, by

section 702 of Title 49, Transportation, and section 101 of Pub. L.

104-88, set out as a note under section 701 of Title 49.)

CREDITABILITY UNDER CSRS OF CERTAIN SERVICE PERFORMED UNDER

PERSONAL SERVICE CONTRACT WITH UNITED STATES

Pub. L. 100-238, title I, Sec. 110, Jan. 8, 1988, 101 Stat. 1749,

provided that:

''(a) In General. -

''(1) Conditions for receiving credit. - Subject to the making

of a deposit under section 8334(c) of title 5, United States

Code, upon application to the Office of Personnel Management

within 2 years after the date of the enactment of this Act (Jan.

8, 1988), any individual who is an employee (as defined by

section 8331(1) or 8401(11) of such title) on such date shall be

allowed credit under subchapter III of chapter 83 of such title

for any service if such service was performed -

''(A) before November 5, 1985; and

''(B) under a personal service contract with the United

States, except as provided in paragraph (3).

''(2) Certification. -

''(A) In general. - The Office shall, with respect to any

service for which credit is sought under this subsection,

accept the certification of the head of the agency which was

party to the contract referred to in paragraph (1)(B), but only

if such certification -

''(i) states that the agency had intended, through such

contract, that the individual involved (or that persons like

the individual involved) be considered as having been

appointed to a position in which such individual would be

subject to subchapter III of chapter 83 of title 5, United

States Code; and

''(ii) indicates the period of service which was performed

under the contract by the individual involved, and includes

copies of appropriate records or other documentation to

support the determination as to the length of such period.

''(B) Finality. - A decision by an agency head concerning

whether or not to make a certification under this paragraph in

any particular instance shall be at the sole discretion of the

agency head, and shall not be subject to administrative or

judicial review.

''(3) Exception. - Nothing in this subsection shall apply with

respect to any service performed under -

''(A) a contract for which any appropriations, allocations,

or funds were used under section 636(a)(3) of the Foreign

Assistance Act of 1961 (22 U.S.C. 2396(a)(3));

''(B) a contract entered into under section 10(a)(5) of the

Peace Corps Act (22 U.S.C. 2509(a)(5));

''(C) a contract under which the services of an individual

may be terminated by a person other than the individual or the

Government; or

''(D) a contract for a single transaction or a contract under

which services are paid for in a single payment.

''(b) Applicability to Annuitants. -

''(1) In general. - In the case of any individual who -

''(A) performed service for which credit is allowable under

subsection (a), and

''(B) retired on an annuity payable under subchapter III of

chapter 83 of title 5, United States Code, after January 23,

1980, and before the date of the enactment of this Act (Jan. 8,

1988),

any annuity under such subchapter based on the service of such

individual shall be redetermined to take into account the

amendment made by subsection (a) if application therefor is made,

and the deposit requirement under such subsection is met, within

2 years after the date of the enactment of this Act.

''(2) Amounts to which applicable. - Any change in an annuity

resulting from a redetermination under paragraph (1) shall be

effective with respect to payments accruing for months beginning

after the date of the enactment of this Act.''

CLARIFICATION RELATING TO CONSIDERATION OF PRE-1987 SERVICE AS AIR

TRAFFIC CONTROLLER FOR RETIREMENT PURPOSES

Pub. L. 100-92, Sec. 2, Aug. 18, 1987, 101 Stat. 679, provided

that:

''(a) For purposes of subchapter III of chapter 83 of title 5,

United States Code, and chapter 84 of such title -

''(1) service as an air traffic controller shall, with respect

to any annuity which is based on a separation from service, or

death, occurring on or after January 1, 1987, include any service

as an air traffic controller whether performed before, on, or

after January 1, 1987; and

''(2) the Office of Personnel Management shall accept the

certification of the Secretary, or the designee of the Secretary,

in determining the amount of any service performed by an

individual as an air traffic controller.

''(b) For purposes of this section -

''(1) the term 'air traffic controller' has the meaning given

such term by section 2109(1) of title 5, United States Code, as

amended by section 207(b) of the Federal Employees' Retirement

System Act of 1986 (Public Law 99-335; 100 Stat. 594); and

''(2) the term 'Secretary' has the meaning given such term by

section 2109(2) of title 5, United States Code.''

CADET NURSE CORPS

Section 1 of Pub. L. 99-638 provided: ''That (a) service

described in subsection (b) shall be considered creditable civilian

service for purposes of subchapter III of chapter 83, or chapter

84, of title 5, United States Code, as applicable, in the case of

any individual who meets the requirements of subsection (c).

''(b) This section relates to any period of training as a student

or graduate nurse under a plan approved under section 2 of the Act

of June 15, 1943 (57 Stat. 153) (former 50 App. U.S.C. 1452), if

the total period of training under such plan was at least 2 years.

''(c)(1) An individual may not receive credit for service

pursuant to this Act (amending sections 2105 and 8332 of this title

and enacting provisions set out as notes under sections 8331 and

8332 of this title) unless -

''(A) within 14 months after the date of the enactment of this

Act (Nov. 10, 1986), and in accordance with regulations under

subsection (d), the individual files appropriate written

application with the Office of Personnel Management;

''(B) at the time of filing the application under subparagraph

(A), the individual is employed by the Government and subject to

subchapter III of chapter 83 of title 5, United States Code

(other than section 8344 of such title), or chapter 84 of such

title (other than section 8468 of such title);

''(C) before the date of the separation on which is based the

individual's entitlement to an annuity under subchapter III of

chapter 83 of title 5, United States Code, or chapter 84 of such

title, as applicable, such individual deposits into the Civil

Service Retirement and Disability Fund the amount required under

paragraph (2) with respect to the period of training involved.

''(2) The amount to be deposited shall be determined by the

Office of Personnel Management in a manner consistent with

applicable provisions of subchapter III of chapter 83 of title 5,

United States Code, chapter 84 of such title or title III of the

Federal Employees' Retirement System Act of 1986 (Pub. L. 99-335,

title III, see Tables for classification), as the case may be,

relating to deposits for earlier periods of civilian service for

which deductions from basic pay have not been made.

''(d) The Office of Personnel Management shall, not later than 2

months after the date of the enactment of this Act (Nov. 10, 1986),

prescribe regulations to carry out this Act (amending sections 2105

and 8332 of this title and enacting provisions set out as notes

under sections 8331 and 8332 of this title).''

RECOMPUTATION AT AGE 62 OF CREDIT FOR MILITARY SERVICE OF CURRENT

ANNUITANTS

Section 307 of Pub. L. 97-253, as amended by Pub. L. 97-346, Sec.

3(k), Oct. 15, 1982, 96 Stat. 1649, provided that:

''(a) The provisions of section 8332(j) of title 5, United States

Code, relating to credit for military service, shall not apply with

respect to any individual who is entitled to an annuity under

subchapter III of chapter 83 of title 5, United States Code, on or

before the date of enactment of this Act (Sept. 8, 1982) or who is

entitled to an annuity based on a separation from service occurring

on or before such date of enactment.

''(b) Subject to subsection (b), in any case in which an

individual described in subsection (a) is also entitled to old-age

or survivors' insurance benefits under section 202 of the Social

Security Act (42 U.S.C. 402) (or would be entitled to such benefits

upon filing application therefor), the amount of the annuity to

which such individual is entitled under subchapter III of chapter

83 of title 5, United States Code, (after taking into account

subsection (a)) which is payable for any month shall be reduced by

an amount determined by multiplying the amount of such old-age or

survivors' insurance benefit for the determination month by a

fraction -

''(1) the numerator of which is the total of the wages (within

the meaning of section 209 of the Social Security Act (42 U.S.C.

409)) for service referred to in section 210(l) of such Act (42

U.S.C. 410(l)) (relating to service in the uniformed services)

and deemed additional wages (within the meaning of section 229 of

such Act (42 U.S.C. 429)) of such individual credited for years

after 1956 and before the calendar year in which the

determination month occurs, up to the contribution and benefit

base determined under section 230 of the Social Security Act (42

U.S.C. 430) (or other applicable maximum annual amount referred

to in section 215(e)(1) of such Act (42 U.S.C. 415(e)(1))) for

each such year, and

''(2) the denominator of which is the total of all wages and

deemed additional wages described in paragraph (1) of this

subsection plus all other wages (within the meaning of section

209 of such Act (42 U.S.C. 409)) and all self-employment income

(within the meaning of section 211(b) of such Act (42 U.S.C.

411(b))) of such individual credited for years after 1936 and

before the calendar year in which the determination month occurs,

up to the contribution and benefit base (or such other amount

referred to in such section 215(e)(1) (42 U.S.C. 415(e)(1))) for

each such year.

''(c) Subsection (b) shall not reduce the annuity of any

individual below the amount of the annuity which would be payable

under this subchapter to the individual for the determination month

if section 8332(j) of title 5, United States Code, applied to the

individual for such month.

''(d) For purposes of this section, the term 'determination

month' means -

''(1) the first month the individual described in subsection

(a) is entitled to old-age or survivors' insurance benefits under

section 202 of the Social Security Act (42 U.S.C. 402) (or would

be entitled to such benefits upon filing application therefor);

or

''(2) October 1982, in the case of any individual so entitled

to such benefits for such month.

''(e) The preceding provisions of this section shall take effect

with respect to any annuity payment payable under subchapter III of

chapter 83 of title 5, United States Code, for calendar months

beginning after September 30, 1982.

''(f) The Secretary of Health and Human Services shall furnish

such information to the Office of Personnel Management as may be

necessary to carry out the preceding provisions of this section.''

DISTRICT OF COLUMBIA SUBSTITUTE TEACHERS

Section 2 of Pub. L. 92-454 provided that: ''An annuity or

survivor annuity based on the service of an employee or annuitant

who performed service described in section 1 of this Act (amending

this section) shall, upon application to the Civil Service

Commission, be recomputed, effective on the first day of the first

month following the date of enactment of this Act (Oct. 2, 1972),

in accordance with section 1 of this Act.''

NATIONAL GUARD TECHNICIANS

Amendment by section 5(a)(4) of Pub. L. 90-486 not applicable to

persons employed prior to Jan. 1, 1969 whose employment was covered

by the civil service retirement provisions of section 8331 et seq.

of this title, see section 5(d) of Pub. L. 90-486, set out as a

note under section 709 of Title 32, National Guard.

CREDITABLE SERVICE OF CERTAIN COMMISSIONED OFFICERS OF THE REGULAR

OR RESERVE CORPS OF THE PUBLIC HEALTH SERVICE

Section 6(a), (b) of Pub. L. 86-415, Apr. 8, 1960, 74 Stat. 35,

provided that:

''(a) Except as provided in subsection (b), service as a

commissioned officer in the Regular Corps of the Public Health

Service prior to July 1, 1960, shall be considered, for purposes of

credit under the Civil Service Retirement Act (this subchapter),

other than section 3(f) thereof (section 8333(a) of this title), as

civilian service performed by an employee (as defined in such Act

(this subchapter)) and commissioned officers of the Reserve Corps

of the Public Health Service, subject to the Civil Service

Retirement Act (this subchapter) on June 30, 1960, shall be

considered as voluntarily separated on that date, with respect to

service as such officers, from civilian positions subject to such

Act (this subchapter).

''(b) If a commissioned officer of the Regular or Reserve Corps

of the Public Health Service is retired after June 30, 1960, and

becomes entitled to retired pay from the Public Health Service, all

service in the Regular or Reserve Corps of the Public Health

Service prior to July 1, 1960, together with any other service

which is performed at any time with the Public Health Service,

other than as a commissioned officer, and which is credited to the

officer for purposes of such retirement, shall be considered as

military service for purposes of section 3(b) of the Civil Service

Retirement Act (subsecs. (c)-(e) of this section); except that, in

the case of any such officer who is retired pursuant to subsection

(a) of section 211 of the Public Health Service Act (section 212(a)

of Title 42), any such service which was performed prior to July 1,

1960, which was subject to the Civil Service Retirement Act (this

subchapter), and with respect to which he has not, prior to his

retirement, received a refund of deductions under the Civil Service

Retirement Act (this subchapter), shall not be considered as

military service for purposes of such section 3(b) (subsecs.

(c)-(e) of this section), but only if he waives his right to have

such service included for purposes of computing the amount of his

retired pay from the Service.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6303, 8331, 8334, 8339,

8345, 8411 of this title; title 16 section 1169a; title 22 sections

3671, 3681, 4048, 4056; title 25 section 450i; title 26 sections

3121, 7448; title 38 sections 7297, 7406, 7426; title 42 section

410; title 50 section 2082.

-CITE-

5 USC Sec. 8333 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart G - Insurance and Annuities

CHAPTER 83 - RETIREMENT

SUBCHAPTER III - CIVIL SERVICE RETIREMENT

-HEAD-

Sec. 8333. Eligibility for annuity

-STATUTE-

(a) An employee must complete at least 5 years of civilian

service before he is eligible for an annuity under this subchapter.

(b) An employee or Member must complete, within the last 2 years

before any separation from service, except a separation because of

death or disability, at least 1 year of creditable civilian service

during which he is subject to this subchapter before he or his

survivors are eligible for annuity under this subchapter based on

the separation. If an employee or Member, except an employee or

Member separated from the service because of death or disability,

fails to meet the service requirement of the preceding sentence,

the amounts deducted from his pay during the service for which no

eligibility for annuity is established based on the separation

shall be returned to him on the separation. Failure to meet this

service requirement does not deprive the individual or his

survivors of annuity rights which attached on a previous

separation.

(c) A Member or his survivor is eligible for an annuity under

this subchapter only if the amounts named by section 8334 of this

title have been deducted or deposited with respect to his last 5

years of civilian service, or, in the case of a survivor annuity

under section 8341(d) or (e)(1) of this title, with respect to his

total service.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 569; Pub. L. 91-93, title

II, Sec. 201(b), Oct. 20, 1969, 83 Stat. 138; Pub. L. 94-183, Sec.

2(34), Dec. 31, 1975, 89 Stat. 1058.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

(a), (b) 5 U.S.C. 2253(f), July 31, 1956, ch.

(g). 804, Sec. 401

''Sec. 3(f), (g)'',

70 Stat. 746.

(c) 5 U.S.C. 2256(f) July 31, 1956, ch.

(last sentence). 804, Sec. 401

''Sec. 6(f) (last

sentence)'', 70

Stat. 750. Aug. 27,

1958, Pub. L. 85-

772, Sec. 1(a), 72

Stat. 930.

-------------------------------

In subsection (c), the words ''eligible for'' are substituted for

''entitled to''.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

AMENDMENTS

1975 - Subsec. (c). Pub. L. 94-183 substituted ''of this title''

for ''of title 5'' and ''of this title'' for ''of this chapter''.

1969 - Subsec. (c). Pub. L. 91-93 provided for eligibility for a

survivor annuity under section 8341(d) or (e)(1) of this title only

if the requisite amounts are deducted or deposited with respect to

total service period.

EFFECTIVE DATE OF 1969 AMENDMENT

Amendment by Pub. L. 91-93 inapplicable in cases of persons

retired or otherwise separated prior to Oct. 20, 1969, their rights

and of their survivors continued as if such amendment had not been

enacted, see section 207(a) of Pub. L. 91-93, set out as a note

under section 8331 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 22 section 4051.

-CITE-

5 USC Sec. 8334 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart G - Insurance and Annuities

CHAPTER 83 - RETIREMENT

SUBCHAPTER III - CIVIL SERVICE RETIREMENT

-HEAD-

Sec. 8334. Deductions, contributions, and deposits

-STATUTE-

(a)(1) The employing agency shall deduct and withhold from the

basic pay of an employee, Member, Congressional employee, law

enforcement officer, firefighter, bankruptcy judge, judge of the

United States Court of Appeals for the Armed Forces, United States

magistrate, (FOOTNOTE 1) Court of Federal Claims judge, member of

the Capitol Police, member of the Supreme Court Police, or nuclear

materials courier, as the case may be, the percentage of basic pay

applicable under subsection (c). An equal amount shall be

contributed from the appropriation or fund used to pay the employee

or, in the case of an elected official, from an appropriation or

fund available for payment of other salaries of the same office or

establishment. When an employee in the legislative branch is paid

by the Chief Administrative Officer of the House of

Representatives, the Chief Administrative Officer may pay from the

applicable accounts of the House of Representatives the

contribution that otherwise would be contributed from the

appropriation or fund used to pay the employee.

(FOOTNOTE 1) So in original. Probably should be ''United States

magistrate judge,''.

(2) The amounts so deducted and withheld, together with the

amounts so contributed, shall be deposited in the Treasury of the

United States to the credit of the Fund under such procedures as

the Secretary of the Treasury may prescribe. Deposits made by an

employee or Member also shall be credited to the Fund.

(b) Each employee or Member is deemed to consent and agree to

these deductions from basic pay. Notwithstanding any law or

regulation affecting the pay of an employee or Member, payment less

these deductions is a full and complete discharge and acquittance

of all claims and demands for regular services during the period

covered by the payment, except the right to the benefits to which

the employee or Member is entitled under this subchapter.

(c) Each employee or Member credited with civilian service after

July 31, 1920, for which retirement deductions or deposits have not

been made, may deposit with interest an amount equal to the

following percentages of his basic pay received for that service:

---------------------------------------------------------------------

Percentage of basic Service period

pay

---------------------------------------------------------------------

Employee 2 1/2 August 1, 1920, to

June 30, 1926.

3 1/2 July 1, 1926, to

June 30, 1942.

5 July 1, 1942, to

June 30, 1948.

6 July 1, 1948, to

October 31, 1956.

6 1/2 November 1, 1956, to

December 31, 1969.

7 January 1, 1970, to

December 31, 1998.

7.25 January 1, 1999, to

December 31, 1999.

7.4 January 1, 2000, to

December 31, 2000.

7 After December 31,

2000.

Member or employee 2 1/2 3 1/2 5 6 August 1, 1920, to

for Congressional June 30, 1926. July

employee service 1, 1926, to June

30, 1942. July 1,

1942, to June 30,

1948. July 1, 1948,

to October 31,

1956.

6 1/2 November 1, 1956, to

December 31, 1969.

7.5 January 1, 1970, to

December 31, 1998.

7.75 January 1, 1999, to

December 31, 1999.

7.9 January 1, 2000, to

December 31, 2000.

7.5 After December 31,

2000.

Member for Member 2 1/2 3 1/2 August 1, 1920, to

service June 30, 1926. July

1, 1926, to June

30, 1942.

5 July 1, 1942, to

August 1, 1946.

6 August 2, 1946, to

October 31, 1956.

7 1/2 November 1, 1956, to

December 31, 1969.

8 January 1, 1970, to

December 31, 1998.

8.25 January 1, 1999, to

December 31, 1999.

8.4 January 1, 2000, to

December 31, 2000.

8.5 January 1, 2001, to

December 31, 2002.

8 After December 31,

2002.

Law enforcement 2 1/2 3 1/2 5 6 6 1 August 1, 1920, to

officer for law /2 7 June 30, 1926. July

enforcement 1, 1926, to June

service, member of 30, 1942. July 1,

the Supreme Court 1942, to June 30,

Police for Supreme 1948. July 1, 1948,

Court Police to October 31,

service, and 1956. November 1,

firefighter for 1956, to December

firefighter service 31, 1969. January

1, 1970, to

December 31, 1974.

7.5 January 1, 1975, to

December 31, 1998.

7.75 January 1, 1999, to

December 31, 1999.

7.9 January 1, 2000, to

December 31, 2000.

7.5 After December 31,

2000.

Bankruptcy judge 2 1/2 3 1/2 August 1, 1920, to

June 30, 1926. July

3, 1926, to June

30, 1942.

5 July 1, 1942, to

June 30, 1948.

6 July 1, 1948, to

October 31, 1956.

6 1/2 November 1, 1956, to

December 31, 1969.

7 January 1, 1970, to

December 31, 1983.

8 January 1, 1984, to

December 31, 1998.

8.25 January 1, 1999, to

December 31, 1999.

8.4 January 1, 2000, to

December 31, 2000.

8 After December 31,

2000.

Judge of the United 6 6 1/2 7 May 5, 1950, to

States Court of October 31, 1956.

Appeals for the November 1, 1956,

Armed Forces for to December 31,

service as a judge 1969. January 1,

of that court 1970, to (but not

including) the date

of the enactment of

the Department of

Defense

Authorization Act,

1984.

8 The date of

enactment of the

Department of

Defense

Authorization Act,

1984, to December

31, 1998.

8.25 January 1, 1999, to

December 31, 1999.

8.4 January 1, 2000, to

December 31, 2000.

8 After December 31,

2000.

United States 2 1/2 3 1/2 August 1, 1920, to

magistrate judge June 30, 1926. July

1, 1926, to June

30, 1942.

5 July 1, 1942, to

June 30, 1948.

6 July 1, 1948, to

October 31, 1956.

6 1/2 November 1, 1956, to

December 31, 1969.

7 January 1, 1970, to

September 30, 1987.

8 October 1, 1987, to

December 31, 1998.

8.25 January 1, 1999, to

December 31, 1999.

8.4 January 1, 2000, to

December 31, 2000.

8 After December 31,

2000.

Court of Federal 2 1/2 3 1/2 August 1, 1920, to

Claims Judge June 30, 1926. July

1, 1926, to June

30, 1942.

5 July 1, 1942, to

June 30, 1948.

6 July 1, 1948, to

October 31, 1956.

6 1/2 November 1, 1956, to

December 31, 1969.

7 January 1, 1970, to

September 30, 1988.

8 October 1, 1988, to

December 31, 1998.

8.25 January 1, 1999, to

December 31, 1999.

8.4 January 1, 2000, to

December 31, 2000.

8 After December 31,

2000.

Member of the 2.5 3.5 August 1, 1920, to

Capitol Police June 30, 1926. July

1, 1926, to June

30, 1942.

5 July 1, 1942, to

June 30, 1948.

6 July 1, 1948, to

October 31, 1956.

6.5 November 1, 1956, to

December 31, 1969.

7.5 January 1, 1970, to

December 31, 1998.

7.75 January 1, 1999, to

December 31, 1999.

7.9 January 1, 2000, to

December 31, 2000.

7.5 After December 31,

2000.

Nuclear materials 7 October 1, 1977 to

courier October 16, 1998.

7.5 October 17, 1998 to

December 31, 1998.

7.75 January 1, 1999 to

December 31, 1999.

7.9 January 1, 2000 to

December 31, 2000.

7.5 After December 31,

2000.

-------------------------------

Notwithstanding the preceding provisions of this subsection and any

provision of section 206(b)(3) of the Federal Employees' Retirement

Contribution Temporary Adjustment Act of 1983, the percentage of

basic pay required under this subsection in the case of an

individual described in section 8402(b)(2) shall, with respect to

any covered service (as defined by section 203(a)(3) of such Act)

performed by such individual after December 31, 1983, and before

January 1, 1987, be equal to 1.3 percent, and, with respect to any

such service performed after December 31, 1986, be equal to the

amount that would have been deducted from the employee's basic pay

under subsection (k) of this section if the employee's pay had been

subject to that subsection during such period.

(d)(1) Each employee or Member who has received a refund of

retirement deductions under this or any other retirement system

established for employees of the Government covering service for

which he may be allowed credit under this subchapter may deposit

the amount received, with interest. Credit may not be allowed for

the service covered by the refund until the deposit is made.

(2)(A) This paragraph applies with respect to any employee or

Member who -

(i) separates before October 1, 1990, and receives (or elects,

in accordance with applicable provisions of this subchapter, to

receive) a refund (described in paragraph (1)) which relates to a

period of service ending before October 1, 1990;

(ii) is entitled to an annuity under this subchapter (other

than a disability annuity) which is based on service of such

employee or Member, and which commences on or after December 2,

1990; and

(iii) does not make the deposit (described in paragraph (1))

required in order to receive credit for the period of service

with respect to which the refund relates.

(B) Notwithstanding the second sentence of paragraph (1), the

annuity to which an employee or Member under this paragraph is

entitled shall (subject to adjustment under section 8340) be equal

to an amount which, when taken together with the unpaid amount

referred to in subparagraph (A)(iii), would result in the present

value of the total being actuarially equivalent to the present

value of the annuity which would otherwise be provided the employee

or Member under this subchapter, as computed under subsections

(a)-(i) and (n) of section 8339 (treating, for purposes of so

computing the annuity which would otherwise be provided under this

subchapter, the deposit referred to in subparagraph (A)(iii) as if

it had been timely made).

(C) The Office of Personnel Management shall prescribe such

regulations as may be necessary to carry out this paragraph.

(e)(1) Interest under subsection (c), (d)(1), (j), (k), or (l) of

this section is computed in accordance with paragraphs (2) and (3)

of this subsection and regulations prescribed by the Office of

Personnel Management.

(2) Interest accrues annually on the outstanding portion of any

amount that may be deposited under subsection (c), (d)(1), (j),

(k), or (l) of this section, and is compounded annually, until the

portion is deposited. Such interest is computed from the mid-point

of each service period included in the computation, or from the

date refund was paid. The deposit may be made in one or more

installments. Interest may not be charged for a period of

separation from the service which began before October 1, 1956.

(3) The rate of interest is 4 percent a year through December 31,

1947, and 3 percent a year beginning January 1, 1948, through

December 31, 1984. Thereafter, the rate of interest for any

calendar year shall be equal to the overall average yield to the

Fund during the preceding fiscal year from all obligations

purchased by the Secretary of the Treasury during such fiscal year

under section 8348(c), (d), and (e) of this title, as determined by

the Secretary.

(f) Under such regulations as the Office of Personnel Management

may prescribe, amounts deducted under subsection (a) or (k) of this

section and deposited under subsections (c) and (d)(1) of this

section shall be entered on individual retirement records.

(g) Deposit may not be required for -

(1) service before August 1, 1920;

(2) military service, except to the extent provided under

section 8332(c) or 8334(j) of this title;

(3) service for the Panama Railroad Company before January 1,

1924;

(4) service performed before October 29, 1983,, (FOOTNOTE 2) by

natives of the Pribilof Islands in the taking and curing of fur

seal skins and other activities in connection with the

administration of the Pribilof Islands except where deductions,

contributions, and deposits were made before October 29, 1983;

(FOOTNOTE 2) So in original.

(5) days of unused sick leave credited under section 8339(m) of

this title; or

(6) any period for which credit is allowed under section

8332(l) of this title.

(h) For the purpose of survivor annuities, deposits authorized by

subsections (c), (d)(1), (j), and (k) of this section may also be

made by a survivor of an employee or Member.

(i)(1) The Director of the Administrative Office of the United

States Courts shall pay to the Fund the amount which an employee

may deposit under subsection (c) of this section for service

creditable under section 8332(b)(12) of this title if such

creditable service immediately precedes service as an employee

subject to this subchapter with a break in service of no more than

ninety working days. The Director shall pay such amount from any

appropriation available to him as a necessary expense of the

appropriation concerned.

(2) The amount the Director pays in accordance with paragraph (1)

of this subsection shall be reduced by the amount of any refund to

the employee under section 376 of title 28. Except to the extent of

such reduction, the amount the Director pays to the Fund shall

satisfy the deposit requirement of subsection (c) of this section.

(3) Notwithstanding any other provision of law, the amount the

Director pays under this subsection shall constitute an employer

contribution to the Fund, excludable under section 402 of the

Internal Revenue Code of 1986 from the employee's gross income

until such time as the contribution is distributed or made

available to the employee, and shall not be subject to refund or to

lump-sum payment to the employee.

(4) Notwithstanding any other provision of law, a bankruptcy

judge or magistrate judge who is covered by section 377 of title 28

or section 2(c) of the Retirement and Survivors' Annuities for

Bankruptcy Judges and Magistrates Act of 1988 shall not be subject

to deductions and contributions to the Fund, if the judge or

magistrate judge notifies the Director of the Administrative Office

of the United States Courts of an election of a retirement annuity

under those provisions. Upon such an election, the judge or

magistrate judge shall be entitled to a lump-sum credit under

section 8342(a) of this title.

(5) Notwithstanding any other provision of law, a judge who is

covered by section 7296 of title 38 shall not be subject to

deductions and contributions to the Fund, if the judge notifies the

Director of the Office of Personnel Management of an election of a

retirement annuity under that section. Upon such an election, the

judge shall be entitled to a lump-sum credit under section 8342(a)

of this title.

(6) Notwithstanding any other provision of law, a judge of the

United States Court of Federal Claims who is covered by section 178

of title 28 shall not be subject to deductions and contributions to

the Fund if the judge notifies the Director of the Administrative

Office of the United States Courts of an election of a retirement

annuity under those provisions. Upon such an election, the judge

shall be entitled to a lump-sum credit under section 8342(a) of

this title.

(j)(1)(A) Except as provided in subparagraph (B), and subject to

paragraph (5), each employee or Member who has performed military

service before the date of the separation on which the entitlement

to any annuity under this subchapter is based may pay, in

accordance with such regulations as the Office shall issue, to the

agency by which the employee is employed, or, in the case of a

Member or a Congressional employee, to the Secretary of the Senate

or the Chief Administrative Officer of the House of

Representatives, as appropriate, an amount equal to 7 percent of

the amount of the basic pay paid under section 204 of title 37 to

the employee or Member for each period of military service after

December 1956. The amount of such payments shall be based on such

evidence of basic pay for military service as the employee or

Member may provide, or if the Office determines sufficient evidence

has not been so provided to adequately determine basic pay for

military service, such payment shall be based upon estimates of

such basic pay provided to the Office under paragraph (4).

(B) In any case where military service interrupts creditable

civilian service under this subchapter and reemployment pursuant to

chapter 43 of title 38 occurs on or after August 1, 1990, the

deposit payable under this paragraph may not exceed the amount that

would have been deducted and withheld under subsection (a)(1) from

basic pay during civilian service if the employee had not performed

the period of military service.

(2) Any deposit made under paragraph (1) of this subsection more

than two years after the later of -

(A) October 1, 1983; or

(B) the date on which the employee or Member making the deposit

first becomes an employee or Member following the period of

military service for which such deposit is due,

shall include interest on such amount computed and compounded

annually beginning on the date of the expiration of the two-year

period. The interest rate that is applicable in computing interest

in any year under this paragraph shall be equal to the interest

rate that is applicable for such year under subsection (e) of this

section.

(3) Any payment received by an agency, the Secretary of the

Senate, or the Chief Administrative Officer of the House of

Representatives under this subsection shall be immediately remitted

to the Office for deposit in the Treasury of the United States to

the credit of the Fund.

(4) The Secretary of Defense, the Secretary of Transportation,

the Secretary of Commerce, or the Secretary of Health and Human

Services, as appropriate, shall furnish such information to the

Office as the Office may determine to be necessary for the

administration of this subsection.

(5) Effective with respect to any period of military service

after December 31, 1998, the percentage of basic pay under section

204 of title 37 payable under paragraph (1) shall be equal to the

same percentage as would be applicable under subsection (c) of this

section for that same period for service as an employee, subject to

paragraph (1)(B).

(k)(1) Effective with respect to pay periods beginning after

December 31, 1986, in administering this section in the case of an

individual described in section 8402(b)(2) of this title -

(A) the amount to be deducted and withheld by the employing

agency shall be determined in accordance with paragraph (2) of

this subsection instead of the first sentence of subsection

(a)(1) of this section; and

(B) the amount of the contribution under the second sentence of

subsection (a)(1) of this section shall be the amount which would

have been contributed under such sentence if this subsection had

not been enacted.

(2)(A) With respect to Federal wages of an employee or Member (or

that portion thereof) not exceeding the contribution and benefit

base during the calendar year involved, the appropriate amount to

be deducted and withheld under this subsection is the amount by

which -

(i) the total deduction for those wages (or for that portion)

exceeds;

(ii) the OASDI contribution with respect to those wages (or

that portion).

(B) With respect to any portion of Federal wages of an employee

or Member which exceed the contribution and benefit base during the

calendar year involved, the appropriate amount to be deducted and

withheld under this subsection is an amount equal to the total

deduction for that portion.

(C) For purposes of this paragraph -

(i) the term ''Federal wages'' means basic pay for service as

an employee or Member, as the case may be;

(ii) the term ''contribution and benefit base'' means the

contribution and benefit base in effect with respect to the

period involved, as determined under section 230 of the Social

Security Act;

(iii) the term ''total deduction'', as used with respect to any

Federal wages (or portion thereof), means an amount equal to the

amount of those wages (or of that portion), multiplied by the

percentage which (but for this subsection) would apply under the

first sentence of subsection (a)(1) with respect to the

individual involved; and

(iv) the term ''OASDI contribution'', with respect to any

income, means the amount of tax which may be imposed under

section 3101(a) of the Internal Revenue Code of 1986 with respect

to such income (determined without regard to any income which is

not a part of Federal wages).

(3) The amount of a deposit under subsection (c) of this section

for any service with respect to which paragraph (1) of this

subsection applies shall be equal to an amount determined based on

the preceding provisions of this subsection, and shall include

interest.

(4) In administering paragraphs (1) through (3) -

(A) the term ''an individual described in section 8402(b)(2) of

this title'' shall be considered to include any individual -

(i) who is subject to this subchapter as a result of a

provision of law described in section 8347(o), and

(ii) whose employment (as described in section 8347(o)) is

also employment for purposes of title II of the Social Security

Act and chapter 21 of the Internal Revenue Code of 1986; and

(B) the term ''Federal wages'', as applied with respect to any

individual to whom this subsection applies as a result of

subparagraph (A), means basic pay for any employment referred to

in subparagraph (A)(ii).

(l)(1) Each employee or Member who has performed service as a

volunteer or volunteer leader under part A of title VIII of the

Economic Opportunity Act of 1964, as a full-time volunteer enrolled

in a program of at least 1 year's duration under part A, B, or C of

title I of the Domestic Volunteer Service Act of 1973, or as a

volunteer or volunteer leader under the Peace Corps Act before the

date of the separation on which the entitlement to any annuity

under this subchapter is based may pay, in accordance with such

regulations as the Office of Personnel Management shall issue, an

amount equal to 7 percent of the readjustment allowance paid to the

employee or Member under title VIII of the Economic Opportunity Act

of 1964 or section 5(c) or 6(1) of the Peace Corps Act or the

stipend paid to the employee or Member under part A, B, or C of

title I of the Domestic Volunteer Service Act of 1973, for each

period of service as such a volunteer or volunteer leader. This

paragraph shall be subject to paragraph (4).

(2) Any deposit made under paragraph (1) more than 2 years after

the later of -

(A) October 1, 1993; or

(B) the date on which the employee or Member making the deposit

first becomes an employee or Member,

shall include interest on such amount computed and compounded

annually beginning on the date of the expiration of the 2-year

period. The interest rate that is applicable in computing interest

in any year under this paragraph shall be equal to the interest

rate that is applicable for such year under subsection (e).

(3) The Director of the Peace Corps and the Chief Executive

Officer of the Corporation for National and Community Service shall

furnish such information to the Office of Personnel Management as

the Office may determine to be necessary for the administration of

this subsection.

(4) Effective with respect to any period of service after

December 31, 1998, the percentage of the readjustment allowance or

stipend (as the case may be) payable under paragraph (1) shall be

equal to the same percentage as would be applicable under

subsection (c) of this section for the same period for service as

an employee.

(m) A Member who has served in a position in the executive branch

for which the rate of basic pay was reduced for the duration of the

service of the Member to remove the impediment to the appointment

of the Member imposed by article I, section 6, clause 2 of the

Constitution, or the survivor of such a Member, may deposit to the

credit of the Fund an amount equal to the difference between the

amount deducted from the basic pay of the Member during that period

of service and the amount that would have been deducted if the rate

of basic pay which would otherwise have been in effect during that

period had been in effect, plus interest computed under subsection

(e).

(n) Notwithstanding subsection (c), no deposit may be made with

respect to service credited under section 8332(b)(17).

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 569; Pub. L. 90-83, Sec.

1(74), Sept. 11, 1967, 81 Stat. 214; Pub. L. 90-486, Sec. 5(b),

Aug. 13, 1968, 82 Stat. 757; Pub. L. 91-93, title I, Sec. 102(a),

title II, Sec. 202, Oct. 20, 1969, 83 Stat. 136, 138; Pub. L.

92-297, Sec. 7(2), May 16, 1972, 86 Stat. 144; Pub. L. 93-350, Sec.

3, July 12, 1974, 88 Stat. 356; Pub. L. 94-126, Sec. 1(a), 2(a),

Nov. 12, 1975, 89 Stat. 679; Pub. L. 95-382, Sec. 1(b), Sept. 22,

1978, 92 Stat. 727; Pub. L. 95-454, title IX, Sec. 906(a)(2), Oct.

13, 1978, 92 Stat. 1224; Pub. L. 95-598, title III, Sec. 338(b),

Nov. 6, 1978, 92 Stat. 2681; Pub. L. 97-164, title II, Sec. 207(b),

Apr. 2, 1982, 96 Stat. 54; Pub. L. 97-253, title III, Sec.

303(a)(1), 306(d), (e), Sept. 8, 1982, 96 Stat. 793, 796, 797; Pub.

L. 97-346, Sec. 3(a), (c)-(e)(1), Oct. 15, 1982, 96 Stat. 1647,

1648; Pub. L. 98-94, title XII, Sec. 1256(a), 1257, Sept. 24, 1983,

97 Stat. 701, 702; Pub. L. 89-702, title II, Sec. 209(f), as added

Pub. L. 98-129, Sec. 2, Oct. 14, 1983, 97 Stat. 843; Pub. L.

98-353, title I, Sec. 116(b), July 10, 1984, 98 Stat. 344; Pub. L.

98-615, Sec. 2(2), Nov. 8, 1984, 98 Stat. 3195; Pub. L. 99-335,

title II, Sec. 201(a), (c), June 6, 1986, 100 Stat. 588, 591; Pub.

L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 100-53,

Sec. 2(b), June 18, 1987, 101 Stat. 367; Pub. L. 100-238, title I,

Sec. 102, 108(b)(1), Jan. 8, 1988, 101 Stat. 1744, 1748; Pub. L.

100-659, Sec. 6(b), Nov. 15, 1988, 102 Stat. 3919; Pub. L. 101-94,

title I, Sec. 102(a), Aug. 16, 1989, 103 Stat. 626; Pub. L.

101-508, title VII, Sec. 7001(b)(1), (2)(A), (B), Nov. 5, 1990, 104

Stat. 1388-328, 1388-329; Pub. L. 101-650, title III, Sec.

306(c)(2), (e)(2), 321, Dec. 1, 1990, 104 Stat. 5110, 5112, 5117;

Pub. L. 102-40, title IV, Sec. 402(d)(2), May 7, 1991, 105 Stat.

239; Pub. L. 102-378, Sec. 2(59), Oct. 2, 1992, 106 Stat. 1354;

Pub. L. 102-572, title IX, Sec. 902(b), Oct. 29, 1992, 106 Stat.

4516; Pub. L. 103-66, title XI, Sec. 11004(a)(3), Aug. 10, 1993,

107 Stat. 412; Pub. L. 103-82, title III, Sec. 371(a)(2), Sept. 21,

1993, 107 Stat. 910; Pub. L. 103-337, div. A, title IX, Sec.

924(d)(1)(A), Oct. 5, 1994, 108 Stat. 2832; Pub. L. 103-353, Sec.

5(b), Oct. 13, 1994, 108 Stat. 3173; Pub. L. 104-186, title II,

Sec. 215(12), Aug. 20, 1996, 110 Stat. 1746; Pub. L. 104-316, title

I, Sec. 103(g), Oct. 19, 1996, 110 Stat. 3829; Pub. L. 105-33,

title VII, Sec. 7001(a)(3), (4), Aug. 5, 1997, 111 Stat. 653, 657;

Pub. L. 105-61, title V, Sec. 516(a)(1), Oct. 10, 1997, 111 Stat.

1306; Pub. L. 105-261, div. C, title XXXI, Sec. 3154(c)(1), (2),

Oct. 17, 1998, 112 Stat. 2254; Pub. L. 106-65, div. A, title X,

Sec. 1066(d)(3), Oct. 5, 1999, 113 Stat. 773; Pub. L. 106-346, Sec.

101(a) (title V, Sec. 505(a)), Oct. 23, 2000, 114 Stat. 1356,

1356A-50; Pub. L. 106-553, Sec. 1(a)(2) (title III, Sec.

308(b)(1)), Dec. 21, 2000, 114 Stat. 2762, 2762A-86; Pub. L.

107-107, div. A, title XI, Sec. 1132(a)(2), Dec. 28, 2001, 115

Stat. 1243.)

-MISC1-

Historical and Revision Notes

1966 Act

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

2 U.S.C. 129. July 1, 1957, Pub.

L. 85-75, Sec. 101

(proviso on p.

248), 71 Stat. 248.

5 U.S.C. 2254. July 31, 1956, ch.

804, Sec. 401

''Sec. 4'', 70

Stat. 747.

June 29, 1957, Pub.

L. 85-65, Sec. 1,

71 Stat. 209.

May 27, 1958, Pub.

L. 85-426, Sec.

214(b) (words

before comma), 72

Stat. 143.

Aug. 27, 1958, Pub.

L. 85-772, Sec.

1(d), 72 Stat. 930.

-------------------------------

In subsection (a), the words ''From and after the first day of

the first pay period which begins on or after the effective date of

the Civil Service Retirement Act Amendments of 1956'' and ''From

and after the first day of the first pay period which begins after

June 30, 1957'' in former section 2254 are omitted as executed.

The words ''on and after July 1, 1957'' in former section 129 of

title 2 are omitted as executed.

In subsection (b), the word ''rule'' is omitted as unnecessary.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

1967 Act

---------------------------------------------------------------------

Section of title 5 Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

8334(g)(4) 5 App.: 2254(g). Nov. 2, 1966, Pub.

L. 89-702, Sec.

208(c), 80 Stat.

1096.

-------------------------------

-REFTEXT-

REFERENCES IN TEXT

The date of the enactment of the Department of Defense

Authorization Act, 1984, referred to in the table in subsec. (c),

is the date of enactment of Pub. L. 98-94 which was approved Sept.

24, 1983.

Sections 203 and 206 of the Federal Employees' Retirement

Contribution Temporary Adjustment Act of 1983 (Pub. L. 98-168),

referred to in subsec. (c), are set out as a note under section

8331 of this title.

Sections 402 and 3101(a) and chapter 21 of the Internal Revenue

Code of 1986, referred to in subsecs. (i)(3) and (k)(2)(C)(iv),

(4)(A)(ii), are classified to sections 402 and 3101(a) and chapter

21 (Sec. 3101 et seq.), respectively, of Title 26, Internal Revenue

Code.

Section 2(c) of the Retirement and Survivors' Annuities for

Bankruptcy Judges and Magistrates Act of 1988, referred to in

subsec. (i)(4), is section 2(c) of Pub. L. 100-659, which is set

out as a note under section 377 of Title 28, Judiciary and Judicial

Procedure.

The Social Security Act, referred to in subsec. (k)(2)(C)(ii),

(4)(A)(ii), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as

amended. Title II of the Social Security Act is classified

generally to subchapter II (Sec. 401 et seq.) of chapter 7 of Title

42, The Public Health and Welfare. Section 230 of the Social

Security Act is classified to section 430 of Title 42. For complete

classification of this Act to the Code, see section 1305 of Title

42 and Tables.

The Economic Opportunity Act of 1964, referred to in subsec.

(l)(1), is Pub. L. 88-452, Aug. 20, 1964, 78 Stat. 508, as

amended. Title VIII of the Act probably means title VIII of Pub.

L. 88-452 as added by Pub. L. 89-794, title VIII, Sec. 801, Nov. 8,

1966, 80 Stat. 1472, and generally revised and amended by Pub. L.

90-222, title I, Sec. 110, Dec. 23, 1967, 81 Stat. 722, which was

classified generally to subchapter VIII (Sec. 2991 et seq.) of

chapter 34 of Title 42, prior to its repeal by Pub. L. 93-113,

title VI, Sec. 603, Oct. 1, 1973, 87 Stat. 417. Part A of title

VIII of the Act is part A of title VIII of Pub. L. 88-452 as added

by Pub. L. 90-222, Sec. 110, which was classified generally to part

A (Sec. 2992 et seq.) of subchapter VIII of chapter 34 of Title 42,

prior to its repeal by Pub. L. 93-113, Sec. 603. See sections 4951

et seq. and 5055 of Title 42. For complete classification of this

Act to the Code, see Tables.

Parts A, B, and C of title I of the Domestic Volunteer Service

Act of 1973, referred to in subsec. (l)(1), are classified to part

A (Sec. 4951 et seq.), part B (Sec. 4971 et seq.), and part C (Sec.

4991 et seq.), respectively, of subchapter I of chapter 66 of Title

42.

The Peace Corps Act, referred to in subsec. (l)(1), is Pub. L.

87-293, Sept. 22, 1961, 75 Stat. 612, as amended, which is

classified principally to chapter 34 (Sec. 2501 et seq.) of Title

22, Foreign Relations and Intercourse. Sections 5(c) and 6(1) of

the Act are classified to sections 2504(c) and 2505(1),

respectively, of Title 22. For complete classification of this Act

to the Code, see Short Title note set out under section 2501 of

Title 22 and Tables.

-MISC2-

AMENDMENTS

2001 - Subsec. (n). Pub. L. 107-107 added subsec. (n).

2000 - Subsec. (a)(1). Pub. L. 106-553, Sec. 1(a)(2) (title III,

Sec. 308(b)(1)(A)), inserted ''member of the Supreme Court

Police,'' after ''member of the Capitol Police,''.

Subsec. (c). Pub. L. 106-553, Sec. 1(a)(2) (title III, Sec.

308(b)(1)(B)), in table relating to law enforcement officer for law

enforcement service and firefighter for firefighter service,

inserted '', member of the Supreme Court Police for Supreme Court

Police service,'' after ''law enforcement service''.

Pub. L. 106-346, in tables relating to an employee, a Member or

employee for Congressional employee service, a law enforcement

officer for law enforcement service and firefighter for firefighter

service, a bankruptcy judge, a judge of the United States Court of

Appeals for the Armed Forces for service as a judge of that court,

a United States magistrate judge, a Court of Federal Claims judge,

a member of the Capitol Police, and a nuclear materials courier,

substituted item relating to service period after December 31,

2000, for former items relating to service periods January 1, 2001,

to December 31, 2002, and after December 31, 2002.

1999 - Subsec. (c). Pub. L. 106-65, in table relating to nuclear

materials courier, substituted ''October 16, 1998'' for ''the day

before the date of the enactment of the Strom Thurmond National

Defense Authorization Act for Fiscal Year 1999'' and ''October 17,

1998'' for ''The date of the enactment of the Strom Thurmond

National Defense Authorization Act for Fiscal Year 1999''.

1998 - Subsec. (a)(1). Pub. L. 105-261, Sec. 3154(c)(1),

substituted ''member of the Capitol Police, or nuclear materials

courier,'' for ''or member of the Capitol Police,''.

Subsec. (c). Pub. L. 105-261, Sec. 3154(c)(2), inserted table

relating to nuclear materials courier.

1997 - Subsec. (a)(1). Pub. L. 105-33, Sec. 7001(a)(3)(A),

amended first sentence generally. Prior to amendment, first

sentence read as follows: ''The employing agency shall deduct and

withhold 7 percent of the basic pay of an employee, 7 1/2 percent

of the basic pay of a Congressional employee, a law enforcement

officer, and a firefighter, and 8 percent of the basic pay of a

Member, a Court of Federal Claims judge, a United States

magistrate, a judge of the United States Court of Appeals for the

Armed Forces, and a bankruptcy judge.''

Subsec. (c). Pub. L. 105-33, Sec. 7001(a)(3)(B)(ix), inserted

table relating to member of the Capitol Police.

Pub. L. 105-33, Sec. 7001(a)(3)(B)(viii), in table relating to a

Court of Federal Claims Judge, substituted items relating to

service periods October 1, 1988, to after December 31, 2002, for

former item relating to service period after September 30, 1988.

Pub. L. 105-33, Sec. 7001(a)(3)(B)(vii), in table relating to a

United States magistrate, substituted items relating to service

periods October 1, 1987, to after December 31, 2002, for former

item relating to service period after September 30, 1987.

Pub. L. 105-33, Sec. 7001(a)(3)(B)(vi), in table relating to a

judge of the United States Court of Appeals for the Armed Forces

for service as a judge of that court, substituted items relating to

service periods on and after the date of enactment of the

Department of Defense Authorization Act, 1984, to after December

31, 2002, for former item relating to service period on and after

the date of the enactment of the Department of Defense

Authorization Act, 1984.

Pub. L. 105-33, Sec. 7001(a)(3)(B)(v), in table relating to a

bankruptcy judge, substituted items relating to service periods

January 1, 1984, to after December 31, 2002, for former item

relating to service period after December 31, 1983.

Pub. L. 105-33, Sec. 7001(a)(3)(B)(iv), in table relating to a

law enforcement officer for law enforcement service and firefighter

for firefighter service, substituted items relating to service

periods January 1, 1975, to after December 31, 2002, for former

item relating to service period after December 31, 1974.

Pub. L. 105-33, Sec. 7001(a)(3)(B)(i)-(iii), in tables relating

to an employee, a Member or employee for Congressional employee

service, and a Member for Member service, substituted items

relating to service periods January 1, 1970, to after December 31,

2002, for former item relating to service period after December 31,

1969.

Subsec. (j)(1)(A). Pub. L. 105-33, Sec. 7001(a)(4)(A)(i),

inserted ''and subject to paragraph (5),'' after ''Except as

provided in subparagraph (B),''.

Subsec. (j)(5). Pub. L. 105-33, Sec. 7001(a)(4)(A)(ii), added

par. (5).

Subsec. (l)(1). Pub. L. 105-33, Sec. 7001(a)(4)(B)(i), inserted

at end ''This paragraph shall be subject to paragraph (4).''

Subsec. (l)(4). Pub. L. 105-33, Sec. 7001(a)(4)(B)(ii), added

par. (4).

Subsec. (m). Pub. L. 105-61 added subsec. (m).

1996 - Subsec. (a)(1). Pub. L. 104-186, Sec. 215(12)(A),

substituted ''Chief Administrative Officer of the House of

Representatives, the Chief Administrative Officer may pay from the

applicable accounts of the House of Representatives'' for ''Clerk

of the House of Representatives, the Clerk may pay from the

contingent fund of the House''.

Subsec. (a)(2). Pub. L. 104-316 substituted ''Secretary of the

Treasury'' for ''Comptroller General of the United States''.

Subsec. (j)(1)(A), (3). Pub. L. 104-186, Sec. 215(12)(B),

substituted ''Chief Administrative Officer'' for ''Clerk''.

1994 - Subsec. (a)(1). Pub. L. 103-337 substituted ''Court of

Appeals for the Armed Forces'' for ''Court of Military Appeals''.

Subsec. (c). Pub. L. 103-337 substituted ''Court of Appeals for

the Armed Forces'' for ''Court of Military Appeals'' in table.

Subsec. (j)(1). Pub. L. 103-353, Sec. 5(b)(1), designated

existing provisions as subpar. (A) and substituted ''Except as

provided in subparagraph (B), each employee'' for ''Each employee''

and added subpar. (B).

Subsec. (j)(2)(B). Pub. L. 103-353, Sec. 5(b)(2), inserted before

comma at end ''following the period of military service for which

such deposit is due''.

1993 - Subsec. (e)(1), (2). Pub. L. 103-82, Sec. 371(a)(2)(B),

substituted ''(k), or (l)'' for ''or (k)''.

Subsec. (h). Pub. L. 103-66 struck out ''and by section

8339(j)(5)(C) and the last sentence of section 8339(k)(2) of this

title'' before ''may also be made''.

Subsec. (l). Pub. L. 103-82, Sec. 371(a)(2)(A), added subsec.

(l).

1992 - Subsec. (a)(1). Pub. L. 102-572, Sec. 902(b)(2),

substituted ''Court of Federal Claims'' for ''Claims Court''.

Subsec. (c). Pub. L. 102-572, Sec. 902(b)(2), substituted ''Court

of Federal Claims'' for ''Claims Court'' in table.

Subsec. (i)(5). Pub. L. 102-378 redesignated par. (5), relating

to United States Claims Court judges, as (6).

Subsec. (i)(6). Pub. L. 102-572, Sec. 902(b)(1), substituted

''United States Court of Federal Claims'' for ''United States

Claims Court''.

Pub. L. 102-378 redesignated par. (5), relating to United States

Claims Court judges, as (6).

1991 - Subsec. (i)(5). Pub. L. 102-40 substituted ''section 7296

of title 38'' for ''section 4096 of title 38''.

1990 - Subsec. (a)(1). Pub. L. 101-650, Sec. 306(c)(2)(A),

inserted ''a Claims Court Judge,'' after ''Member,''.

Subsec. (c). Pub. L. 101-650, Sec. 306(c)(2)(B), inserted table

covering percentages of pay and service periods for a Claims Court

Judge.

Subsec. (d). Pub. L. 101-508, Sec. 7001(b)(1), designated

existing provisions as par. (1) and added par. (2).

Subsec. (e)(1), (2). Pub. L. 101-508, Sec. 7001(b)(2)(A),

substituted ''(d)(1),'' for ''(d),''.

Subsec. (f). Pub. L. 101-508, Sec. 7001(b)(2)(B), substituted

''(d)(1)'' for ''(d)''.

Subsec. (h). Pub. L. 101-508, Sec. 7001(b)(2)(A), substituted

''(d)(1),'' for ''(d),''.

Subsec. (i)(5). Pub. L. 101-650, Sec. 3069(e)(2), added par. (5)

relating to judges covered by a section of title 28.

1989 - Subsec. (i)(5). Pub. L. 101-94 added par. (5) relating to

judges covered by a section of title 38.

1988 - Subsec. (c). Pub. L. 100-238, Sec. 102, struck out period

at end and inserted '', and, with respect to any such service

performed after December 31, 1986, be equal to the amount that

would have been deducted from the employee's basic pay under

subsection (k) of this section if the employee's pay had been

subject to that subsection during such period.''

Subsec. (i)(4). Pub. L. 100-659 added par. (4).

Subsec. (k)(4). Pub. L. 100-238, Sec. 108(b)(1), added par. (4).

1987 - Subsec. (a)(1). Pub. L. 100-53, Sec. 2(b)(1), substituted

''Member, a United States magistrate, a judge'' for ''Member and a

judge'' and ''Appeals,'' for ''Appeals''.

Subsec. (c). Pub. L. 100-53, Sec. 2(b)(2), inserted table

covering percentages of basic pay and service periods for United

States magistrates.

1986 - Subsec. (c). Pub. L. 99-335, Sec. 201(c), inserted

provision that notwithstanding preceding provisions of this

subsection and any provision of section 206(b)(3) of Federal

Employees' Retirement Contribution Temporary Adjustment Act of

1983, the percentage of basic pay required under this subsection in

case of an individual described in section 8402(b)(2) of this title

shall, with respect to any covered service performed after Dec. 31,

1983, and before Jan. 1, 1987, be equal to 1.3 percent.

Subsec. (e)(1), (2). Pub. L. 99-335, Sec. 201(a)(2)(A),

substituted ''(j), or (k)'' for ''or (j)''.

Subsec. (f). Pub. L. 99-335, Sec. 201(a)(2)(B), inserted ''or

(k)'' after ''subsection (a)''.

Subsec. (h). Pub. L. 99-335, Sec. 201(a)(2)(C), substituted

''(j), and (k)'' for ''and (j)''.

Subsec. (i)(3). Pub. L. 99-514 substituted ''Internal Revenue

Code of 1986'' for ''Internal Revenue Code of 1954''.

Subsec. (k). Pub. L. 99-335, Sec. 201(a)(1), added subsec. (k).

Subsec. (k)(2)(C)(iv). Pub. L. 99-514 substituted ''Internal

Revenue Code of 1986'' for ''Internal Revenue Code of 1954''.

1984 - Subsec. (a)(1). Pub. L. 98-353, Sec. 116(b)(1), inserted

''and a bankruptcy judge''.

Subsec. (c). Pub. L. 98-353, Sec. 116(b)(2), substituted in the

table relating to bankruptcy judges the items relating to 7 percent

for the period Jan. 1, 1970 to Dec. 31, 1983, and 8 percent for the

period after Dec. 31, 1983, for the prior item relating to 7

percent for the period after Jan. 1, 1970.

Subsec. (h). Pub. L. 98-615 substituted ''annuities, deposits

authorized by subsections (c), (d), and (j) of this section and by

section 8339(j)(5)(C) and the last sentence of section 8339(k)(2)

of this title may also be made by a survivor'' for ''annuity,

deposits authorized by subsections (c), (d), and (j) of this

section may also be made by the survivor''.

1983 - Subsec. (a)(1). Pub. L. 98-94, Sec. 1256(a)(1), inserted

''and a judge of the United States Court of Military Appeals''

after ''and 8 percent of the basic pay of a Member''.

Subsec. (c). Pub. L. 98-94, Sec. 1256(a)(2), added to the table

items covering a judge of the United States Court of Military

Appeals for service as a judge of that court.

Subsec. (g)(4). Pub. L. 98-129 substituted ''October 29, 1983,''

for ''January 1, 1950'', and directed that the phrase ''except

where deductions, contributions, and deposits were made before

October 29, 1983'' be inserted after ''the Pribilof Islands'' which

amendment was executed by inserting that phrase after ''the

Pribilof Islands'' the second time those words appear, as the

probable intent of Congress.

Subsec. (j)(2)(A). Pub. L. 98-94, Sec. 1257, substituted

''October 1, 1983'' for ''October 1, 1982''.

1982 - Subsec. (e). Pub. L. 97-253, Sec. 303(a)(1), redesignated

existing provisions as par. (2), inserted provision that interest

accrues annually on the outstanding portion of any amount that may

be deposited under subsec. (c), (d), or (j) of this section, and is

compounded annually until the portion is deposited, substituted

''Such interest'' for ''Interest under subsection (c) or (d) of

this section'', struck out '', to the date of deposit or commencing

date of annuity, whichever is earlier'' after ''date refund was

paid'', and struck out provision that the interest was computed at

the rate of four percent a year to Dec. 31, 1947, and 3 percent

thereafter compounded annually, and added pars. (1) and (3).

Subsec. (e)(3). Pub. L. 97-346, Sec. 3(c), substituted ''the

preceding fiscal year'' for ''the preceding calendar year'' and

''during such fiscal year'' for ''during such calendar year''.

Subsec. (g)(2). Pub. L. 97-253, Sec. 306(e), inserted '', except

to the extent provided under section 8332(c) or section 8334(j) of

this title''.

Subsec. (h). Pub. L. 97-346, Sec. 3(d), inserted reference to

subsec. (j).

Subsec. (i). Pub. L. 97-164 added subsec. (i).

Subsec. (j). Pub. L. 97-253, Sec. 306(d), added subsec. (j).

Subsec. (j)(1). Pub. L. 97-346, Sec. 3(a), substituted ''period''

for ''month''.

Pub. L. 97-346, Sec. 3(e)(1), struck out ''within 90 days after

the effective date of this subsection'' after ''regulations as the

Office shall issue'', and substituted ''The amount of such payments

shall be based on such evidence of basic pay for military service

as the employee or Member may provide, or if the Office determines

sufficient evidence has not been so provided to adequately

determine basic pay for military service, such payment shall be

based upon estimates of such basic pay provided to the Office under

paragraph (4)'' for ''as certified to the agency, the Secretary of

the Senate, or the Clerk of the House of Representatives, as

appropriate, by the Secretary of Defense, the Secretary of

Transportation, the Secretary of Commerce, or the Secretary of

Health and Human Services, as appropriate, upon the employee's or

Member's request''.

1978 - Subsec. (c). Pub. L. 95-598 inserted bankruptcy judge

schedule of deposits.

Subsec. (f). Pub. L. 95-454 substituted ''Office of Personnel

Management'' for ''Civil Service Commission''.

Subsec. (g)(6). Pub. L. 95-382 added par. (6).

1975 - Subsec. (c), Pub. L. 94-126, Sec. 1(a), struck out last

sentence requiring that deposit, with respect to a period of

service referred to in section 8332(b)(6) of this title performed

before Jan. 1, 1969, shall be an amount equal to 55 percent of a

deposit computed in accordance with such provisions.

Subsec. (g)(5). Pub. L. 94-126, Sec. 2(a), substituted reference

to ''section 8339(m) of this title'' for ''section 8339(n) of this

title''.

1974 - Subsec. (a)(1). Pub. L. 93-350, Sec. 3(a), inserted ''a

law enforcement officer, and a firefighter,'' after ''Congressional

employee,''.

Subsec. (c). Pub. L. 93-350, Sec. 3(b), inserted schedule for law

enforcement officer for law enforcement service and firefighter for

firefighter service.

1972 - Subsec. (g)(5). Pub. L. 92-297 substituted ''section

8339(n)'' for ''section 8339(m)''.

1969 - Subsec. (a)(1). Pub. L. 91-93, Sec. 102(a)(1), designated

first and second sentences of subsec. (a) as subsec. (a)(1),

increasing by one-half percent the deduction from the basic pay of

an employee and a Member to 7 and 8 percent, respectively, and

providing for a 7 1/2 percent deduction from basic pay of a

Congressional employee.

Subsec. (a)(2). Pub. L. 91-93, Sec. 102(a)(1), designated third

and fourth sentences of subsec. (a) as subsec. (a)(2), deleting

''under this section'' after ''Member''.

Subsec. (c). Pub. L. 91-93, Sec. 102(a)(2), substituted service

period Nov. 1, 1956, to Dec. 31, 1969, for prior service period

after Oct. 31, 1956, for deductions of 6 1/2 percent of basic pay

of an employee, inserted provision for 7 percent deduction from

basic pay of an employee for service period after Dec. 31, 1969,

inserted percentage of basic pay and service period provisions for

Member or employee for Congressional employee service, substituted

service period Nov. 1, 1956; to Dec. 31, 1969, for prior service

period after Oct. 31, 1956, for deduction of 7 1/2 percent of basic

pay of Member for Member service, inserted provision for 8 percent

deduction from basic pay of Member for Member service after Dec.

31, 1969, and inserted provision for amount of deposit for period

of service performed before Jan. 1, 1969.

Subsec. (g)(5). Pub. L. 91-93, Sec. 202, added par. (5).

1968 - Subsec. (c). Pub. L. 90-486 inserted provisions that the

deposit with respect to a period of service referred to in section

8332(b)(6) of this title which was performed prior to the specified

effective date shall be an amount equal to 55 percent of a deposit

computed in accordance with such provisions.

-CHANGE-

CHANGE OF NAME

''United States magistrate judge'' and ''magistrate judge''

substituted for ''United States magistrate'' and ''magistrate'',

respectively, wherever appearing in subsecs. (c) and (i)(4)

pursuant to section 321 of Pub. L. 101-650, set out as a note under

section 631 of Title 28, Judiciary and Judicial Procedure.

-MISC4-

EFFECTIVE DATE OF 2001 AMENDMENT

Amendment by Pub. L. 107-107 applicable only to separations from

service as an employee of the United States on or after Dec. 28,

2001, see section 1132(c) of Pub. L. 107-107, set out as a note

under section 8332 of this title.

EFFECTIVE DATE OF 2000 AMENDMENTS

Amendment by Pub. L. 106-553 effective on the first day of the

first applicable pay period that begins on Dec. 21, 2000, and

applicable only to an individual who is employed as a member of the

Supreme Court Police after Dec. 21, 2000, see section 1(a)(2)

(title III, Sec. 308(i), (j)) of Pub. L. 106-553, set out in a

Supreme Court Police Retirement note under section 8331 of this

title.

Pub. L. 106-346, Sec. 101(a) (title V, Sec. 505(i)), Oct. 23,

2000, 114 Stat. 1356, 1356A-54, provided that: ''The amendments

made by this section (amending this section, section 8422 of this

title, sections 4045, 4071c, and 4071e of Title 22, Foreign

Relations and Intercourse, and section 2082 of Title 50, War and

National Defense, enacting provisions set out as notes under this

section, section 4045 of Title 22, and section 2021 of Title 50,

and amending provisions set out as notes under section 4045 of

Title 22 and section 2021 of Title 50) shall take effect upon the

close of calendar year 2000, and shall apply thereafter.''

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-261 effective at the beginning of the

first pay period that begins after Oct. 17, 1998, and applicable

only to an individual who is employed as a nuclear materials

courier, as defined by section 8331(27) or 8401(33) of this title,

after Oct. 17, 1998, see section 3154(m), (n) of Pub. L. 105-261,

set out as a note under section 8331 of this title.

EFFECTIVE DATE OF 1997 AMENDMENTS

Section 516(b) of Pub. L. 105-61 provided that: ''The amendments

made by subsection (a) (amending this section and sections 8337,

8339, 8341, 8343a, 8344, 8415, 8422, and 8468 of this title) shall

be applicable to any annuity commencing before, on, or after the

date of enactment of this Act (Oct. 10, 1997), and shall be

effective with regard to any payment made after the first month

following the date of enactment.''

Section 7001(f) of Pub. L. 105-33 provided that:

''(1) In general. - This section (amending this section, section

8422 of this title, sections 4045, 4071c, and 4071e of Title 22,

Foreign Relations and Intercourse, and section 2082 of Title 50,

War and National Defense, and enacting provisions set out as notes

under this section, section 8422 of this title, sections 4045 and

4071c of Title 22, and section 2021 of Title 50) shall take effect

on -

''(A) October 1, 1997; or

''(B) if later, the date of enactment of this Act (Aug. 5,

1997).

''(2) Special rule. - If the date of enactment of this Act is

later than October 1, 1997, then any reference to October 1, 1997,

in subsection (a)(1), (c)(1), or (d)(1) shall be treated as a

reference to the date of enactment of this Act.''

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-353 effective with respect to

reemployments initiated on or after the first day after the 60-day

period beginning Oct. 13, 1994, with transition rules, see section

8 of Pub. L. 103-353, set out as an Effective Date note under

section 4301 of Title 38, Veterans' Benefits.

EFFECTIVE DATE OF 1993 AMENDMENTS

Amendment by Pub. L. 103-82 effective Oct. 1, 1993, and

applicable with respect to any individual entitled to an annuity on

the basis of a separation from service occurring on or after Oct.

1, 1993, see sections 371(c) and 392 of Pub. L. 103-82, set out as

notes under section 8332 of this title and section 4951 of Title

42, The Public Health and Welfare, respectively.

Amendment by Pub. L. 103-66 effective on first day of first month

beginning at least 30 days after Aug. 10, 1993, and applicable to

all deposits required under section 8339(j)(3) or (5), 8339(k)(2),

or 8418 of this title, on which no payment has been made prior to

such effective date, see section 11004(c) of Pub. L. 103-66, set

out as a note under section 8339 of this title.

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section

911 of Pub. L. 102-572, set out as a note under section 171 of

Title 28, Judiciary and Judicial Procedure.

EFFECTIVE DATE OF 1990 AMENDMENTS

Amendment by Pub. L. 101-650 applicable to judges of, and senior

judges in active service with, the United States Court of Federal

Claims on or after Dec. 1, 1990, see section 306(f) of Pub. L.

101-650, set out as a note under section 8331 of this title.

Section 7001(b)(3) of Pub. L. 101-508 provided that: ''The

amendments made by this subsection (amending this section and

sections 8339 and 8342 of this title) shall be effective with

respect to any annuity having a commencement date later than

December 1, 1990.''

EFFECTIVE DATE OF 1988 AMENDMENTS

Amendment by Pub. L. 100-659 effective Nov. 15, 1988, and

applicable to bankruptcy judges and magistrate judges who retire on

or after Nov. 15, 1988, with exception for judges and magistrate

judges retiring on or after July 31, 1987, see section 9 of Pub. L.

100-659, as amended, set out as an Effective Date note under

section 377 of Title 28, Judiciary and Judicial Procedure.

Section 108(b)(3) of Pub. L. 100-238 provided that: ''The

amendments made by this subsection (amending this section and

section 8349 of this title) shall be effective as of January 1,

1987.''

EFFECTIVE DATE OF 1987 AMENDMENT

Amendment by Pub. L. 100-53 effective Oct. 1, 1987, and

applicable to bankruptcy judges and United States magistrate judges

in office on that date and to individuals subsequently appointed to

such positions to whom this chapter otherwise applies, see section

3 of Pub. L. 100-53, as amended, set out as a note under section

8331 of this title.

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-335 effective Jan. 1, 1987, see section

702(a) of Pub. L. 99-335, set out as an Effective Date note under

section 8401 of this title.

EFFECTIVE DATE OF 1984 AMENDMENTS

Amendment by Pub. L. 98-615 effective May 7, 1985, with

enumerated exceptions and specific applicability provisions, see

section 4(a)(1) of Pub. L. 98-615, as amended, set out as a note

under section 8341 of this title.

Amendment by Pub. L. 98-353 effective July 10, 1984, and

applicable to bankruptcy judges who retire on or after such date,

see section 116(e) of Pub. L. 98-353, set out as a note under

section 8331 of this title. See, also, section 122(a) of Pub. L.

98-353, set out as an Effective Date note under section 151 of

Title 28, Judiciary and Judicial Procedure.

EFFECTIVE DATE OF 1983 AMENDMENT

Section 1256(f) of Pub. L. 98-94 provided that: ''The increase in

deductions from the pay of a judge of the United States Court of

Military Appeals (now United States Court of Appeals for the Armed

Forces) required by section 8334(a) of title 5, United States Code,

as amended by subsection (a), shall take effect with respect to the

first pay period that begins after the date of the enactment of

this Act (Sept. 24, 1983).''

EFFECTIVE DATE OF 1982 AMENDMENTS

Section 303(d)(1) of Pub. L. 97-253, as amended by Pub. L.

97-346, Sec. 3(j)(1), Oct. 15, 1982, 96 Stat. 1649, provided that:

''The amendments made by subsections (a) and (b) (amending this

section and sections 8339 and 8343 of this title) shall apply with

respect to deposits for service performed on or after October 1,

1982, and with respect to refunds for which application is received

by either the employing agency or the Office of Personnel

Management on or after such date. The provisions of section 8334

and section 8339(i) of title 5, United States Code, as in effect

the day before the date of the enactment of this Act (Sept. 7,

1982), shall continue to apply with respect to periods of service

and refunds occurring on or before September 30, 1982.

Notwithstanding the preceding two sentences, the amendments made by

subsection (a) shall apply in the case of any deposit for military

service under section 8334(j) of title 5, United States Code (as

added by section 306(d) of this Act), regardless of whether such

military service was performed before or after October 1, 1982.''

Amendment by section 306(d), (e) of Pub. L. 97-253 effective Oct.

1, 1982, except that any employee or Member who retired after Sept.

8, 1982, and before Oct. 1, 1985, or is entitled to an annuity

under chapter 83 of this title based on a separation from service

occurring during such period, or a survivor of such individual, may

make a payment under section 8334(j)(1) of this title, and

regulations required to be issued under section 8334(j)(1) of this

title, to be issued by the Office of Personnel Management within 90

days after such effective date, see section 306(g) of Pub. L.

97-253, as amended, set out as a note under section 8331 of this

title.

Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section

402 of Pub. L. 97-164, set out as a note under section 171 of Title

28, Judiciary and Judicial Procedure.

EFFECTIVE DATE OF 1978 AMENDMENTS

Amendment by Pub. L. 95-598 effective Nov. 6, 1978, see section

402(d) of Pub. L. 95-598, set out as an Effective Date note

preceding section 101 of Title 11, Bankruptcy.

Amendment by Pub. L. 95-454 effective 90 days after Oct. 13,

1978, see section 907 of Pub. L. 95-454, set out as a note under

section 1101 of this title.

Amendment by Pub. L. 95-382 effective Oct 1, 1978, and applicable

to specified annuities, see section 2 of Pub. L. 95-382, set out as

a note under section 8332 of this title.

EFFECTIVE DATE OF 1975 AMENDMENT

Section 3 of Pub. L. 94-126 provided that: ''The amendments made

by the first section of this Act (amending this section and

sections 8339 and 8345 of this title) shall become effective as of

January 1, 1969, except that such amendments shall not apply to a

person who, on the date of enactment of this Act (Nov. 12, 1975),

is receiving or is entitled to receive benefits under any

retirement system established by the United States or any

instrumentality thereof, unless such person requests, in writing,

the office which administers his retirement system to apply such

amendments to him. Any additional benefits payable pursuant to

such a written request shall commence on the first day of the month

(December) following the date of the enactment of this Act.''

EFFECTIVE DATE OF 1974 AMENDMENT

Amendment by Pub. L. 93-350 effective at beginning of first

applicable pay period which begins after Dec. 31, 1974, see section

7 of Pub. L. 93-350, set out as a note under section 3307 of this

title.

EFFECTIVE DATE OF 1972 AMENDMENT

Amendment by Pub. L. 92-297 effective on 90th day after May 16,

1972, see section 10 of Pub. L. 92-297, set out as an Effective

Date note under section 3381 of this title.

EFFECTIVE DATE OF 1969 AMENDMENT

Section 102(b) of Pub. L. 91-93 provided that: ''The amendment

made by subsection (a)(1) of this section (amending this section)

shall become effective at the beginning of the first applicable pay

period beginning after December 31, 1969.''

Amendment by Pub. L. 91-93 inapplicable in cases of persons

retired or otherwise separated prior to Oct. 20, 1969, their rights

and of their survivors continued as if such amendment had not been

enacted, see section 207(a) of Pub. L. 91-93, set out as a note

under section 8331 of this title.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-486 effective Jan. 1, 1969, except that

no deductions or withholding from salary which result therefrom

shall commence before first day of first pay period that begins on

or after Jan. 1, 1968, see section 11 of Pub. L. 90-486, set out as

a note under section 709 of Title 32, National Guard.

CONTRIBUTIONS TO FEDERAL CIVIL SERVICE RETIREMENT SYSTEM

Pub. L. 106-346, Sec. 101(a) (title V, Sec. 505(f)), Oct. 23,

2000, 114 Stat. 1356, 1356A-54, provided that: ''Notwithstanding

section 8334(a)(1) or (k)(1) of title 5, United States Code, during

the period beginning on October 1, 2002, through December 31, 2002,

each employing agency (other than the United States Postal Service

or the Metropolitan Washington Airports Authority) shall contribute

-

''(1) 7.5 percent of the basic pay of an employee;

''(2) 8 percent of the basic pay of a congressional employee, a

law enforcement officer, a member of the Capitol Police, a

firefighter, or a nuclear materials courier; and

''(3) 8.5 percent of the basic pay of a Member of Congress, a

Court of Federal Claims judge, a United States magistrate (now

United States magistrate judge), a judge of the United States

Court of Appeals for the Armed Forces, or a bankruptcy judge,

in lieu of the agency contributions otherwise required under

section 8334(a)(1) of such title 5.''

Pub. L. 105-261, div. C, title XXXI, Sec. 3154(c)(3), Oct. 17,

1998, 112 Stat. 2255, provided that: ''Notwithstanding subsection

(a)(1) or (k)(1) of section 8334 of title 5, United States Code, or

section 7001(a) of Public Law 105-33 (set out as a note below),

during the period beginning on the effective date provided for

under subsection (n)(1) (set out as an Effective Date of 1998

Amendment note under section 8331 of this title) and ending on

September 30, 2002, the Department of Energy shall deposit in the

Treasury of the United States to the credit of the Civil Service

Retirement and Disability Fund on behalf of each nuclear materials

courier from whose basic pay a deduction is made under such

subsection (a)(1) during that period an amount equal to 9.01

percent of such basic pay, in lieu of the agency contributions

otherwise required under such subsection (a)(1) during that

period.''

Section 7001(a)(1), (2) of Pub. L. 105-33 provided that:

''(1) Agency contributions. -

''(A) In general. - Notwithstanding section 8334(a)(1) or

(k)(1) of title 5, United States Code, during the period

beginning on October 1, 1997, through September 30, 2002, each

employing agency (other than the United States Postal Service or

the Metropolitan Washington Airports Authority) shall contribute

-

''(i) 8.51 percent of the basic pay of an employee;

''(ii) 9.01 percent of the basic pay of a congressional

employee, a law enforcement officer, a member of the Capitol

police, or a firefighter; and

''(iii) 9.51 percent of the basic pay of a Member of

Congress, a Court of Federal Claims judge, a United States

magistrate (now United States magistrate judge), a judge of the

United States Court of Appeals for the Armed Forces, or a

bankruptcy judge;

in lieu of the agency contributions otherwise required under

section 8334(a)(1) of title 5, United States Code.

''(B) Application. - For purposes of subparagraph (A) and

notwithstanding the amendments made by paragraph (3) (amending

this section), during the period beginning on January 1, 1999

through December 31, 2002, with respect to the United States

Postal Service and the Metropolitan Washington Airports

Authority, the agency contribution shall be determined as though

those amendments had not been made.

''(2) No reduction in agency contributions by the postal service.

- Contributions by the Treasury of the United States or the United

States Postal Service under section 8348(g), (h), or (m) of title

5, United States Code -

''(A) shall not be reduced as a result of the amendments made

under paragraph (3) of this subsection; and

''(B) shall be computed as though such amendments had not been

enacted.''

OFFSETS TO PREVENT FULL DOUBLE COVERAGE FOR EMPLOYEES OF PARK

POLICE AND SECRET SERVICE

Section 103(e) of Pub. L. 100-238 provided that:

''Notwithstanding any other provision of law, in the case of an

employee of the United States Secret Service or the United States

Park Police whose pay is simultaneously subject to a deposit

requirement under the District of Columbia Police and Firefighters'

Retirement and Disability System and the contribution requirement

under section 3101(a) of the Internal Revenue Code of 1986 (26

U.S.C. 3101(a)) -

''(1) any deposits under the District of Columbia Police and

Firefighters' Retirement and Disability System shall be adjusted

in a manner consistent with section 8334(k) of title 5, United

States Code (relating to offsets in deductions from pay to

reflect OASDI contributions); and

''(2) any benefits payable under the District of Columbia

Police and Firefighters' Retirement and Disability System based

on the service of any such employee shall be adjusted in a manner

consistent with section 8349 of title 5, United States Code

(relating to offsets to reflect benefits under title II of the

Social Security Act (42 U.S.C. 401 et seq.)).''

(For transfer of the functions, personnel, assets, and

obligations of the United States Secret Service, including the

functions of the Secretary of the Treasury relating thereto, to the

Secretary of Homeland Security, and for treatment of related

references, see sections 381, 551(d), 552(d), and 557 of Title 6,

Domestic Security, and the Department of Homeland Security

Reorganization Plan of November 25, 2002, as modified, set out as a

note under section 542 of Title 6.)

REFUNDS OF CERTAIN EXCESS DEDUCTIONS TAKEN AFTER 1983 TO OFFSET

EMPLOYEES UNDER CSRS

Section 128 of Pub. L. 100-238 provided that:

''(a) Refund Eligibility. - An individual shall upon written

application to the Office of Personnel Management, receive a refund

under subsection (b), if such individual -

''(1) was subject to section 8334(a)(1) of title 5, United

States Code, for any period of service after December 31, 1983,

because of an election under section 208(a)(1)(B) of the Federal

Employees' Retirement Contribution Temporary Adjustment Act of

1983 (97 Stat. 1107; 5 U.S.C. 8331 note);

''(2) is not eligible to make an election under section 301(b)

of the Federal Employees' Retirement System Act of 1986 (Public

Law 99-335; 100 Stat. 599) (5 U.S.C. 8331 note); and

''(3) becomes subject to section 8334(k) of title 5, United

States Code.

''(b) Refund Computation. - An individual eligible for a refund

under subsection (a) shall receive a refund -

''(1) for the period beginning on January 1, 1984, and ending

on December 31, 1986, for the amount by which -

''(A) the total amount deducted from such individual's basic

pay under section 8334(a)(1) of title 5, United States Code,

for service described in subsection (a)(1) of this section,

exceeds

''(B) 1.3 percent of such individual's total basic pay for

such period; and

''(2) for the period beginning on January 1, 1987, and ending

on the day before such individual becomes subject to section

8334(k) of title 5, United States Code, for the amount by which -

''(A) the total amount deducted from such individual's basic

pay under section 8334(a)(1) of title 5, United States Code,

for service described in subsection (a)(1) of this section,

exceeds

''(B) the total amount which would have been deducted if such

individual's basic pay had instead been subject to section

8334(k) of title 5, United States Code, during such period.

''(c) Interest Computation. - A refund under this section shall

be computed with interest in accordance with section 8334(e) of

title 5, United States Code, and regulations prescribed by the

Office of Personnel Management.''

NATIONAL GUARD TECHNICIANS

Amendment by Pub. L. 90-486 not applicable to persons employed

prior to Jan. 1, 1969, whose employment was covered by the civil

service retirement provisions of section 8331 et seq. of this

title, see section 5(d) of Pub. L. 90-486, set out as a note under

section 709 of Title 32, National Guard.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 8331, 8332, 8333, 8339,

8342, 8344, 8348, 8411, 8422, 8432 of this title; title 10 sections

942, 945; title 12 section 1723a; title 22 sections 3671, 3681,

3968, 4045; title 26 section 3121; title 28 sections 611, 627;

title 42 sections 410, 2297h-8; title 45 section 1206; title 50

sections 2021, 2031, 2082, 2121.

-CITE-

5 USC Sec. 8335 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart G - Insurance and Annuities

CHAPTER 83 - RETIREMENT

SUBCHAPTER III - CIVIL SERVICE RETIREMENT

-HEAD-

Sec. 8335. Mandatory separation

-STATUTE-

(a) An air traffic controller shall be separated from the service

on the last day of the month in which he becomes 56 years of age or

completes the age and service requirements for an annuity under

section 8336, whichever occurs later. The Secretary, under such

regulations as he may prescribe, may exempt a controller having

exceptional skills and experience as a controller from the

automatic separation provisions of this subsection until that

controller becomes 61 years of age. The Secretary shall notify the

controller in writing of the date of separation at least 60 days

before that date. Action to separate the controller is not

effective, without the consent of the controller, until the last

day of the month in which the 60-day notice expires.

(b) A law enforcement officer, firefighter, or nuclear materials

courier who is otherwise eligible for immediate retirement under

section 8336(c) shall be separated from the service on the last day

of the month in which that officer, firefighter, or courier, as the

case may be, becomes 57 years of age or completes 20 years of

service if then over that age. The head of the agency, when in his

judgment the public interest so requires, may exempt such an

employee from automatic separation under this subsection until that

employee becomes 60 years of age. The employing office shall

notify the employee in writing of the date of separation at least

60 days in advance thereof. Action to separate the employee is not

effective, without the consent of the employee, until the last day

of the month in which the 60-day notice expires.

(c) A member of the Capitol Police who is otherwise eligible for

immediate retirement under section 8336(m) shall be separated from

the service on the last day of the month in which such member

becomes 57 years of age or completes 20 years of service if then

over that age. The Capitol Police Board, when in its judgment the

public interest so requires, may exempt such a member from

automatic separation under this subsection until that member

becomes 60 years of age. The Board shall notify the member in

writing of the date of separation at least 60 days in advance

thereof. Action to separate the member is not effective, without

the consent of the member, until the last day of the month in which

the 60-day notice expires.

(d) A member of the Supreme Court Police who is otherwise

eligible for immediate retirement under section 8336(n) shall be

separated from the service on the last day of the month in which

such member becomes 57 years of age or completes 20 years of

service if then over that age. The Marshal of the Supreme Court of

the United States, when in his judgment the public interest so

requires, may exempt such a member from automatic separation under

this subsection until that member becomes 60 years of age. The

Marshal shall notify the member in writing of the date of

separation at least 60 days in advance thereof. Action to separate

the member is not effective, without the consent of the member,

until the last day of the month in which the 60-day notice expires.

(f) (FOOTNOTE 1) The President, by Executive order, may exempt an

employee (other than a member of the Capitol Police or the Supreme

Court Police) from automatic separation under this section when he

determines the public interest so requires.

(FOOTNOTE 1) So in original. Probably should be ''(e)''.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 571; Pub. L. 92-297, Sec.

4, May 16, 1972, 86 Stat. 144; Pub. L. 93-350, Sec. 4, July 12,

1974, 88 Stat. 356; Pub. L. 95-256, Sec. 5(c), Apr. 6, 1978, 92

Stat. 191; Pub. L. 96-70, title III, Sec. 3302(e)(3), Sept. 27,

1979, 93 Stat. 498; Pub. L. 96-347, Sec. 1(b), Sept. 12, 1980, 94

Stat. 1150; Pub. L. 101-428, Sec. 2(b)(1)(A), (2), Oct. 15, 1990,

104 Stat. 928; Pub. L. 101-509, title V, Sec. 529 (title IV, Sec.

409(a)), Nov. 5, 1990, 104 Stat. 1427, 1468; Pub. L. 102-378, Sec.

2(60), Oct. 2, 1992, 106 Stat. 1354; Pub. L. 103-283, title III,

Sec. 307(a), July 22, 1994, 108 Stat. 1441; Pub. L. 105-261, div.

C, title XXXI, Sec. 3154(d), Oct. 17, 1998, 112 Stat. 2255; Pub. L.

106-553, Sec. 1(a)(2) (title III, Sec. 308(b)(2)), Dec. 21, 2000,

114 Stat. 2762, 2762A-87; Pub. L. 106-554, Sec. 1(a)(4) (div. B,

title I, Sec. 141(a)), Dec. 21, 2000, 114 Stat. 2763, 2763A-235;

Pub. L. 107-27, Sec. 2(a), Aug. 20, 2001, 115 Stat. 207; Pub. L.

107-67, title VI, Sec. 640(a), Nov. 12, 2001, 115 Stat. 554.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 2255. July 31, 1956, ch.

804, Sec. 401

''Sec. 5'', 70

Stat. 748. Feb. 7,

1964, Pub. L. 88-

267, Sec. 1 (less

(a)-(c)), 78 Stat.

9.

-------------------------------

Standard changes are made to conform with the definitions

applicable and style of this title as outlined in the preface to

the report.

-REFTEXT-

REFERENCES IN TEXT

For definition of Secretary, referred to in subsec. (a), see

section 2109 of this title.

-MISC2-

AMENDMENTS

2001 - Subsec. (a). Pub. L. 107-67 inserted before period at end

of first sentence ''or completes the age and service requirements

for an annuity under section 8336, whichever occurs later''.

Subsec. (b). Pub. L. 107-27 struck out first sentence which read

''A firefighter who is otherwise eligible for immediate retirement

under section 8336(c) shall be separated from the service on the

last day of the month in which such firefighter becomes 55 years of

age or completes 20 years of service if then over that age.'' and,

in second sentence, inserted '', firefighter,'' after ''law

enforcement officer'' and ''that officer''.

2000 - Subsec. (c). Pub. L. 106-554 redesignated subsec. (d) as

(c) and struck out former subsec. (c) which read as follows: ''An

employee of the Alaska Railroad in Alaska and an employee who is a

citizen of the United States employed on the Isthmus of Panama by

the Panama Canal Commission, who becomes 62 years of age and

completes 15 years of service in Alaska or on the Isthmus of Panama

shall be automatically separated from the service. The separation

is effective on the last day of the month in which the employee

becomes age 62 or completes 15 years of service in Alaska or on the

Isthmus of Panama if then over that age. The employing office

shall notify the employee in writing of the date of separation at

least 60 days in advance thereof. Action to separate the employee

is not effective, without the consent of the employee, until the

last day of the month in which the 60-day notice expires.''

Subsec. (d). Pub. L. 106-554, Sec. 1(a)(4) (div. B, title I, Sec.

141(a)(2)), redesignated subsec. (e) as (d). Former subsec. (d)

redesignated (c).

Subsec. (e). Pub. L. 106-554, Sec. 1(a)(4) (div. B, title I, Sec.

141(a)(2)), redesignated subsec. (e) as (d).

Pub. L. 106-553, Sec. 1(a)(2) (title III, Sec. 308(b)(2)(A)),

added subsec. (e). Former subsec. (e) redesignated (f).

Subsec. (f). Pub. L. 106-553 redesignated subsec. (e) as (f) and

substituted ''Police or the Supreme Court Police)'' for

''Police)''.

1998 - Subsec. (b). Pub. L. 105-261, in second sentence, inserted

''or nuclear materials courier'' after ''law enforcement officer''

and ''or courier, as the case may be,'' after ''that officer''.

1994 - Subsec. (d). Pub. L. 103-283 substituted ''57'' for ''55''

in first sentence.

1992 - Subsec. (b). Pub. L. 102-378 amended first sentence

generally. Prior to amendment, first sentence read as follows: ''A

firefighter who is otherwise eligible for immediate retirement

under section 8336(c) of this title shall be separated from the

service on the last day of the month in which he becomes 55 years

of age or completes 20 years of service if then over that age.''

1990 - Subsec. (b). Pub. L. 101-509, Sec. 529 (title IV, Sec.

409(a)(1)), which directed that ''law enforcement officer of a'' be

struck out before ''firefighter who is'', was executed by striking

out ''law enforcement officer or a'' as the probable intent of

Congress.

Pub. L. 101-509, Sec. 529 (title IV, Sec. 409(a)(2)), inserted

after first sentence ''A law enforcement officer who is otherwise

eligible for immediate retirement under section 8336(c) shall be

separated from the service on the last day of the month in which

that officer becomes 57 years of age or completes 20 years of

service if then over that age.''

Subsec. (d). Pub. L. 101-428, Sec. 2(b)(1)(A), added subsec. (d).

Former subsec. (d) redesignated (e).

Subsec. (e). Pub. L. 101-428, Sec. 2(b)(2), inserted ''(other

than a member of the Capitol Police)'' after ''employee''.

Pub. L. 101-428, Sec. 2(b)(1)(A), redesignated subsec. (d) as

(e).

1980 - Subsec. (a). Pub. L. 96-347 substituted ''Secretary'' for

''Secretary of Transportation'' in two places.

1979 - Subsec. (c). Pub. L. 96-70, which directed substitution of

''Panama Canal Commission'' for ''Panama Canal Company or the Canal

Zone Government'' in subsec. (e), was executed to subsec. (c) to

reflect the probable intent of Congress and Pub. L. 95-256 which

struck out subsec. (e) and restated provisions thereof in subsec.

(c).

1978 - Subsec. (a). Pub. L. 95-256, Sec. 5(c)(1), (2),

redesignated subsec. (f) as (a). Former subsec. (a), relating to

mandatory separation when an employee became 70 years of age and

completed 15 years of service, was struck out.

Subsec. (b). Pub. L. 95-256, Sec. 5(c)(1), (2), redesignated

subsec. (g) as (b). Former subsec. (b), relating to notice by

employing office of date of separation, was struck out.

Subsec. (c). Pub. L. 95-256, Sec. 5(c)(1), (3), added subsec. (c)

relating to provisions covered by former subsec. (e). Former

subsec. (c), relating to exemption of an employee from automatic

separation by President, was struck out. See subsec. (d).

Subsec. (d). Pub. L. 95-256, Sec. 5(c)(1), (3), added subsec.

(d). Former subsec. (d), relating to inapplicability of automatic

separation provisions of this section, was struck out.

Subsec. (e). Pub. L. 95-256, Sec. 5(c)(1), struck out subsec. (e)

which related to applicability of provisions to employees of

Alaskan Railroad, Panama Canal Company, and Canal Zone Government.

See subsec. (c).

Subsecs. (f), (g). Pub. L. 95-256, Sec. 5(c)(2), redesignated

subsecs. (f) and (g) as (a) and (b), respectively.

1974 - Subsec. (g). Pub. L. 93-350 added subsec. (g).

1972 - Subsec. (f). Pub. L. 92-297 added subsec. (f).

EFFECTIVE DATE OF 2001 AMENDMENT

Pub. L. 107-67, title VI, Sec. 640(b), Nov. 12, 2001, 115 Stat.

554, provided that: ''The amendment made by subsection (a)

(amending this section) takes effect on the date of enactment (Nov.

12, 2001) with regard to any individual subject to chapter 83 of

title 5, United States Code, who is employed as an air traffic

controller on that date.''

EFFECTIVE DATE OF 2000 AMENDMENT

Amendment by Pub. L. 106-553 effective on the first day of the

first applicable pay period that begins on Dec. 21, 2000, and

applicable only to an individual who is employed as a member of the

Supreme Court Police after Dec. 21, 2000, see section 1(a)(2)

(title III, Sec. 308(i), (j)) of Pub. L. 106-553, set out in a

Supreme Court Police Retirement note under section 8331 of this

title.

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-261 effective 1 year after Oct. 17,

1998, and applicable only to an individual who is employed as a

nuclear materials courier, as defined by section 8331(27) or

8401(33) of this title, after Oct. 17, 1998, see section 3154(m),

(n) of Pub. L. 105-261, set out as a note under section 8331 of

this title.

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by section 2(60) of Pub. L. 102-378 effective Nov. 5,

1990, see section 9(b)(6) of Pub. L. 102-378, set out as a note

under section 6303 of this title.

EFFECTIVE DATE OF 1990 AMENDMENTS

Section 529 (title IV, Sec. 409(c)) of Pub. L. 101-509 provided

that: ''For the purposes of this section (amending this section and

section 8425 of this title), the effective date shall be the date

of enactment of this Act (Nov. 5, 1990).''

Section 2(b)(1)(B) of Pub. L. 101-428 provided that: ''The

amendment made by subparagraph (A) (amending this section) shall

take effect 2 years after the date of enactment of this Act (Oct.

15, 1990).''

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-347 effective on 90th day after Sept. 12,

1980, see section 3 of Pub. L. 96-347, set out as a note under

section 2109 of this title.

EFFECTIVE DATE OF 1979 AMENDMENT

Amendment by Pub. L. 96-70 effective Oct. 1, 1979, see section

3304 of Pub. L. 96-70, set out as an Effective Date note under

section 3601 of Title 22, Foreign Relations and Intercourse.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-256 effective Sept. 30, 1978, see section

5(f) of Pub. L. 95-256, set out as a note under section 633a of

Title 29, Labor.

EFFECTIVE DATE OF 1974 AMENDMENT

Amendment by Pub. L. 93-350 effective Jan. 1, 1978, see section 7

of Pub. L. 93-350, set out as a note under section 3307 of this

title.

EFFECTIVE DATE OF 1972 AMENDMENT

Amendment by Pub. L. 92-297 effective on 90th day after May 16,

1972, see section 10 of Pub. L. 92-297, set out as an Effective

Date note under section 3381 of this title.

NONAPPLICABILITY OF SUBSECTION (A) TO AIR TRAFFIC CONTROLLERS

APPOINTED BEFORE JANUARY 1, 1987

Pub. L. 99-556, title V, Sec. 504, Oct. 27, 1986, 100 Stat. 3141,

provided that:

''(a) In General. - Section 8335(a) of title 5, United States

Code, shall not apply to any air traffic controller appointed

before January 1, 1987.

''(b) Definition. - For purposes of this section, the term 'air

traffic controller' means any individual who -

''(1) is an air traffic controller within the meaning of

section 2109(1) of title 5, United States Code, as in effect on

January 1, 1987; but

''(2) is not an air traffic controller within the meaning of

section 2109(1) of title 5, United States Code, as in effect on

December 31, 1986.''

NONAPPLICABILITY OF SUBSECTION (A) TO DEPARTMENT OF DEFENSE AIR

TRAFFIC CONTROLLERS APPOINTED BEFORE SEPTEMBER 12, 1980

Section 2 of Pub. L. 96-347 provided that: ''Section 8335(a) of

title 5, United States Code shall not apply to an individual

appointed as an air traffic controller in the Department of Defense

before the date of the enactment of this Act (Sept. 12, 1980).''

NONAPPLICABILITY OF SUBSECTION (F) TO AIR TRAFFIC CONTROLLERS

APPOINTED BEFORE MAY 16, 1972

Section 8 of Pub. L. 92-297 provided that: ''Section 8335(f) of

title 5, United States Code, as added by this Act, does not apply

to a person appointed as an air traffic controller by the

Department of Transportation before the date of enactment of this

Act (May 16, 1972).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 8339 of this title; title

26 section 7447.

-CITE-

5 USC Sec. 8336 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart G - Insurance and Annuities

CHAPTER 83 - RETIREMENT

SUBCHAPTER III - CIVIL SERVICE RETIREMENT

-HEAD-

Sec. 8336. Immediate retirement

-STATUTE-

(a) An employee who is separated from the service after becoming

55 years of age and completing 30 years of service is entitled to

an annuity.

(b) An employee who is separated from the service after becoming

60 years of age and completing 20 years of service is entitled to

an annuity.

(c)(1) An employee who is separated from the service after

becoming 50 years of age and completing 20 years of service as a

law enforcement officer, firefighter, or nuclear materials courier,

or any combination of such service totaling at least 20 years, is

entitled to an annuity.

(2) An employee is entitled to an annuity if the employee -

(A) was a law enforcement officer or firefighter employed by

the Panama Canal Company or the Canal Zone Government at any time

during the period beginning March 31, 1979, and ending September

30, 1979; and

(B) is separated from the service before January 1, 2000, after

becoming 48 years of age and completing 18 years of service as a

law enforcement officer or firefighter, or any combination of

such service totaling at least 18 years.

(d) An employee who -

(1) is separated from the service involuntarily, except by

removal for cause on charges of misconduct or delinquency; or

(2)(A) has been employed continuously, by the agency in which

the employee is serving, for at least the 31-day period ending on

the date on which such agency requests the determination referred

to in subparagraph (D);

(B) is serving under an appointment that is not time limited;

(C) has not been duly notified that such employee is to be

involuntarily separated for misconduct or unacceptable

performance;

(D) is separated from the service voluntarily during a period

in which, as determined by the office (FOOTNOTE 1) of Personnel

Management (upon request of the agency) under regulations

prescribed by the Office -

(FOOTNOTE 1) So in original. Probably should be capitalized.

(i) such agency (or, if applicable, the component in which

the employee is serving) is undergoing substantial delayering,

substantial reorganization, substantial reductions in force,

substantial transfer of function, or other substantial

workforce restructuring (or shaping);

(ii) a significant percentage of employees servicing

(FOOTNOTE 2) in such agency (or component) are likely to be

separated or subject to an immediate reduction in the rate of

basic pay (without regard to subchapter VI of chapter 53, or

comparable provisions); or

(FOOTNOTE 2) So in original. Probably should be ''serving''.

(iii) identified as being in positions which are becoming

surplus or excess to the agency's future ability to carry out

its mission effectively; and

(E) as determined by the agency under regulations prescribed by

the Office, is within the scope of the offer of voluntary early

retirement, which may be made on the basis of -

(i) 1 or more organizational units;

(ii) 1 or more occupational series or levels;

(iii) 1 or more geographical locations;

(iv) specific periods;

(v) skills, knowledge, or other factors related to a

position; or

(vi) any appropriate combination of such factors;

after completing 25 years of service or after becoming 50 years of

age and completing 20 years of service is entitled to an annuity.

For purposes of paragraph (1) of this subsection, separation for

failure to accept a directed reassignment to a position outside the

commuting area of the employee concerned or to accompany a position

outside of such area pursuant to a transfer of function shall not

be considered to be a removal for cause on charges of misconduct or

delinquency. Notwithstanding the first sentence of this

subsection, an employee described in paragraph (1) of this

subsection is not entitled to an annuity under this subsection if

the employee has declined a reasonable offer of another position in

the employee's agency for which the employee is qualified, which is

not lower than 2 grades (or pay levels) below the employee's grade

(or pay level), and which is within the employee's commuting area.

(e) An employee who is voluntarily or involuntarily separated

from the service, except by removal for cause on charges of

misconduct or delinquency, after completing 25 years of service as

an air traffic controller or after becoming 50 years of age and

completing 20 years of service as an air traffic controller, is

entitled to an annuity.

(f) An employee who is separated from the service after becoming

62 years of age and completing 5 years of service is entitled to an

annuity.

(g) A Member who is separated from the service after becoming 62

years of age and completing 5 years of civilian service or after

becoming 60 years of age and completing 10 years of Member service

is entitled to an annuity. A Member who is separated from the

service after becoming 55 years of age (but before becoming 60

years of age) and completing 30 years of service is entitled to a

reduced annuity. A Member who is separated from the service,

except by resignation or expulsion, after completing 25 years of

service or after becoming 50 years of age and (1) completing 20

years of service or (2) serving in 9 Congresses is entitled to an

annuity.

(h)(1) A member of the Senior Executive Service who is removed

from the Senior Executive Service for less than fully successful

executive performance (as determined under subchapter II of chapter

43 of this title) after completing 25 years of service or after

becoming 50 years of age and completing 20 years of service is

entitled to an annuity.

(2) A member of the Defense Intelligence Senior Executive Service

or the Senior Cryptologic Executive Service who is removed from

such service for failure to be recertified as a senior executive or

for less than fully successful executive performance after

completing 25 years of service or after becoming 50 years of age

and completing 20 years of service is entitled to an annuity.

(3) A member of the Federal Bureau of Investigation and Drug

Enforcement Administration Senior Executive Service who is removed

from such service for failure to be recertified as a senior

executive or for less than fully successful executive performance

after completing 25 years of service or after becoming 50 years of

age and completing 20 years of service is entitled to an annuity.

(i)(1) An employee of the Panama Canal Commission or of an

Executive agency conducting operations in the Canal Zone or

Republic of Panama who is separated from the service before January

1, 2000, who was employed by the Canal Zone Government or the

Panama Canal Company at any time during the period beginning March

31, 1979, and ending September 30, 1979, and who has had continuous

Panama Canal service, without a break in service of more than 3

days, from that time until separation, is entitled to an annuity if

the employee is separated -

(A) involuntarily, after completing 20 years of service or

after becoming 48 years of age and completing 18 years of

service, if the separation is a result of the implementation of

any provision of the Panama Canal Treaty of 1977 and related

agreements; or

(B) voluntarily, after completing 23 years of service or after

becoming 48 years of age and completing 18 years of service.

(2) An employee of the Panama Canal Commission or of an Executive

agency conducting operations in the Canal Zone or Republic of

Panama who is separated from the service before January 1, 2000,

who was employed, at a permanent duty station in the Canal Zone, by

any Executive agency other than the Canal Zone Government or the

Panama Canal Company at any time during the period beginning March

31, 1979, and ending September 30, 1979, and who has had continuous

Panama Canal service, without a break in service of more than 3

days, from that time until separation, is entitled to an annuity if

-

(A) the employee is separated involuntarily, after completing

20 years of service or after becoming 48 years of age and

completing 18 years of service; and

(B) the separation is the result of the implementation of any

provision of the Panama Canal Treaty of 1977 and related

agreements.

(3) An employee of the Panama Canal Commission employed by that

body after September 30, 1979, who is separated from the Panama

Canal Commission before January 1, 2000, and who at the time of

separation has a minimum of 11 years of continuous employment with

the Commission (disregarding any break in service of 3 days or

less) is entitled to an annuity if the employee is separated -

(A) involuntarily, after completing 20 years of service or

after becoming 48 years of age and completing 18 years of

service, if the separation is a result of the implementation of

any provision of the Panama Canal Treaty of 1977 and related

agreements; or

(B) voluntarily, after completing 23 years of service or after

becoming 48 years of age and completing 18 years of service.

(4) For the purpose of this subsection -

(A) ''Panama Canal service'' means -

(i) service as an employee of the Canal Zone Government, the

Panama Canal Company, or the Panama Canal Commission; or

(ii) service at a permanent duty station in the Canal Zone or

Republic of Panama as an employee of an Executive agency

conducting operations in the Canal Zone or the Republic of

Panama; and

(B) ''Executive agency'' includes the United States District

Court for the District of the Canal Zone and the Smithsonian

Institution.

(j)(1) Except as provided in paragraph (3), an employee is

entitled to an annuity if he -

(A)(i) is separated from the service after completing 25 years

of service or after becoming 50 years of age and completing 20

years of service, or

(ii) is involuntarily separated, except by removal for cause on

charges of misconduct or delinquency, during the 2-year period

before the date on which he would meet the years of service and

age requirements under clause (i),

(B) was employed in the Bureau of Indian Affairs, the Indian

Health Service, a tribal organization (to the extent provided in

paragraph (2)), or any combination thereof, continuously from

December 21, 1972, to the date of his separation, and

(C) is not entitled to preference under the Indian preference

laws.

(2) Employment in a tribal organization may be considered for

purposes of paragraph (1)(B) of this subsection only if -

(A) the employee was employed by the tribal organization after

January 4, 1975, and immediately before such employment he was an

employee of the Bureau of Indian Affairs or the Indian Health

Service, and

(B) at the time of such employment such employee and the tribal

organization were eligible to elect, and elected, to have the

employee retain the coverage, rights, and benefits of this

chapter under section 105(e)(2) of the Indian Self-Determination

Act (25 U.S.C. 450i(a)(2); (FOOTNOTE 3) 88 Stat. 2209).

(FOOTNOTE 3) See References in Text note below.

(3)(A) The provisions of paragraph (1) of this subsection shall

not apply with respect to any separation of any employee which

occurs after the date 10 years after -

(i) the date the employee first meets the years of service and

age requirements of paragraph (1)(A)(i), or

(ii) the date of the enactment of this paragraph, if the

employee met those requirements before that date.

(B) For purposes of applying this paragraph with respect to any

employee of the Bureau of Indian Affairs in the Department of the

Interior or of the Indian Health Service in the Department of

Health, Education, and Welfare, the Secretary of the department

involved may postpone the date otherwise applicable under

subparagraph (A) if -

(i) such employee consents to such postponement, and

(ii) the Secretary finds that such postponement is necessary

for the continued effective operation of the agency.

The period of any postponement under this subparagraph shall not

exceed 12 months and the total period of all postponements with

respect to any employee shall not exceed 5 years.

(4) For the purpose of this subsection -

(A) ''Bureau of Indian Affairs'' means (i) the Bureau of Indian

Affairs and (ii) all other organizational units in the Department

of the Interior directly and primarily related to providing

services to Indians and in which positions are filled in

accordance with the Indian preference laws.

(B) ''Indian preference laws'' means section 12 of the Act of

June 18, 1934 (25 U.S.C. 472; 48 Stat. 986), or any other

provision of law granting a preference to Indians in promotions

or other Federal personnel actions.

(k) A bankruptcy judge, United States magistrate judge, or Court

of Federal Claims judge who is separated from service, except by

removal, after becoming 62 years of age and completing 5 years of

civilian service, or after becoming 60 years of age and completing

10 years of service as a bankruptcy judge, United States magistrate

judge, or Court of Federal Claims judge, is entitled to an annuity.

(l) A judge of the United States Court of Appeals for the Armed

Forces who is separated from the service after becoming 62 years of

age and completing 5 years of civilian service or after completing

the term of service for which he was appointed as a judge of such

court is entitled to an annuity. A judge who is separated from the

service before becoming 60 years of age is entitled to a reduced

annuity.

(m) A member of the Capitol Police who is separated from the

service after becoming 50 years of age and completing 20 years of

service as a member of the Capitol Police or as a law enforcement

officer, or any combination of such service totaling at least 20

years, is entitled to an annuity.

(n) A member of the Supreme Court Police who is separated from

the service after becoming 50 years of age and completing 20 years

of service as a member of the Supreme Court Police or as a law

enforcement officer, or any combination of such service totaling at

least 20 years, is entitled to an annuity.

(o) An annuity or reduced annuity authorized by this section is

computed under section 8339 of this title.

(p)(1) The Secretary of Defense may, during fiscal years 2002 and

2003, carry out a program under which an employee of the Department

of Defense may be separated from the service entitled to an

immediate annuity under this subchapter if the employee -

(A) has -

(i) completed 25 years of service; or

(ii) become 50 years of age and completed 20 years of

service; and

(B) is eligible for the annuity under paragraph (2) or (3).

(2)(A) For the purposes of paragraph (1), an employee referred to

in that paragraph is eligible for an immediate annuity under this

paragraph if the employee -

(i) is separated from the service involuntarily other than for

cause; and

(ii) has not declined a reasonable offer of another position in

the Department of Defense for which the employee is qualified,

which is not lower than 2 grades (or pay levels) below the

employee's grade (or pay level), and which is within the

employee's commuting area.

(B) For the purposes of paragraph (2)(A)(i), a separation for

failure to accept a directed reassignment to a position outside the

commuting area of the employee concerned or to accompany a position

outside of such area pursuant to a transfer of function may not be

considered to be a removal for cause.

(3) For the purposes of paragraph (1), an employee referred to in

that paragraph is eligible for an immediate annuity under this

paragraph if the employee satisfies all of the following

conditions:

(A) The employee is separated from the service voluntarily

during a period in which the organization within the Department

of Defense in which the employee is serving is undergoing a major

organizational adjustment.

(B) The employee has been employed continuously by the

Department of Defense for more than 30 days before the date on

which the head of the employee's organization requests the

determinations required under subparagraph (A).

(C) The employee is serving under an appointment that is not

limited by time.

(D) The employee is not in receipt of a decision notice of

involuntary separation for misconduct or unacceptable

performance.

(E) The employee is within the scope of an offer of voluntary

early retirement, as defined on the basis of one or more of the

following objective criteria:

(i) One or more organizational units.

(ii) One or more occupational groups, series, or levels.

(iii) One or more geographical locations.

(iv) Any other similar objective and nonpersonal criteria

that the Office of Personnel Management determines appropriate.

(4) Under regulations prescribed by the Office of Personnel

Management, the determinations of whether an employee meets -

(A) the requirements of subparagraph (A) of paragraph (3) shall

be made by the Office, upon the request of the Secretary of

Defense; and

(B) the requirements of subparagraph (E) of such paragraph

shall be made by the Secretary of Defense.

(5) A determination of which employees are within the scope of an

offer of early retirement shall be made only on the basis of

consistent and well-documented application of the relevant

criteria.

(6) In this subsection, the term ''major organizational

adjustment'' means any of the following:

(A) A major reorganization.

(B) A major reduction in force.

(C) A major transfer of function.

(D) A workforce restructuring -

(i) to meet mission needs;

(ii) to achieve one or more reductions in strength;

(iii) to correct skill imbalances; or

(iv) to reduce the number of high-grade, managerial,

supervisory, or similar positions.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 571; Pub. L. 90-83, Sec.

1(75), Sept. 11, 1967, 81 Stat. 214; Pub. L. 92-297, Sec. 5, May

16, 1972, 86 Stat. 144; Pub. L. 92-382, Aug. 14, 1972, 86 Stat.

539; Pub. L. 93-39, June 12, 1973, 87 Stat. 73; Pub. L. 93-350,

Sec. 5, July 12, 1974, 88 Stat. 356; Pub. L. 94-183, Sec. 2(40),

(41), Dec. 31, 1975, 89 Stat. 1059; Pub. L. 95-454, title III, Sec.

306, title IV, Sec. 412(a), Oct. 13, 1978, 92 Stat. 1147, 1175;

Pub. L. 96-70, title I, Sec. 1241(a), Sept. 27, 1979, 93 Stat. 471;

Pub. L. 96-135, Sec. 1(a), Dec. 5, 1979, 93 Stat. 1056; Pub. L.

97-89, title VIII, Sec. 803, Dec. 4, 1981, 95 Stat. 1161; Pub. L.

97-253, title III, Sec. 308(a), Sept. 8, 1982, 96 Stat. 798; Pub.

L. 98-94, title XII, Sec. 1256(b), Sept. 24, 1983, 97 Stat. 701;

Pub. L. 98-353, title I, Sec. 116(c), July 10, 1984, 98 Stat. 344;

Pub. L. 98-531, Sec. 2(b), Oct. 19, 1984, 98 Stat. 2704; Pub. L.

98-615, title III, Sec. 304(d), Nov. 8, 1984, 98 Stat. 3219; Pub.

L. 99-190, Sec. 101(d) (title III, Sec. 315), Dec. 19, 1985, 99

Stat. 1224, 1266; Pub. L. 100-53, Sec. 2(c), June 18, 1987, 101

Stat. 368; Pub. L. 100-325, Sec. 2(l), May 30, 1988, 102 Stat. 582;

Pub. L. 101-194, title V, Sec. 506(b)(7), Nov. 30, 1989, 103 Stat.

1758; Pub. L. 101-428, Sec. 2(a), Oct. 15, 1990, 104 Stat. 928;

Pub. L. 101-510, div. C, title XXXV, Sec. 3506(a), Nov. 5, 1990,

104 Stat. 1846; Pub. L. 101-650, title III, Sec. 306(c)(3), 321,

Dec. 1, 1990, 104 Stat. 5110, 5117; Pub. L. 102-572, title IX, Sec.

902(b)(2), Oct. 29, 1992, 106 Stat. 4516; Pub. L. 103-337, div. A,

title IX, Sec. 924(d)(1)(A), Oct. 5, 1994, 108 Stat. 2832; Pub. L.

105-261, div. A, title XI, Sec. 1109(a), div. C, title XXXI, Sec.

3154(e), Oct. 17, 1998, 112 Stat. 2143, 2255; Pub. L. 106-58, title

VI, Sec. 651(b), Sept. 29, 1999, 113 Stat. 480; Pub. L. 106-398,

Sec. 1 ((div. A), title XI, Sec. 1152(a)), Oct. 30, 2000, 114 Stat.

1654, 1654A-320; Pub. L. 106-553, Sec. 1(a)(2) (title III, Sec.

308(b)(3)), Dec. 21, 2000, 114 Stat. 2762, 2762A-87; Pub. L.

107-107, div. A, title X, Sec. 1048(i)(5), Dec. 28, 2001, 115

Stat. 1229; Pub. L. 107-296, title XIII, Sec. 1313(b)(1),

1321(a)(4)(A), Nov. 25, 2002, 116 Stat. 2294, 2297.)

-MISC1-

Historical and Revision Notes

1966 Act

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 2256 (less July 31, 1956, ch.

last sentence in 804, Sec. 401

(f)). ''Sec. 6 (less last

sentence in (f))'',

70 Stat. 749.

July 7, 1960, Pub.

L. 86-604, Sec.

1(b), 74 Stat. 358.

July 12, 1960, Pub.

L. 86-622, Sec.

3(b), 74 Stat. 410.

-------------------------------

Standard changes are made to conform with the definition

applicable and the style of this title as outlined in the preface

to the report.

1967 Act

---------------------------------------------------------------------

Section of title 5 Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

8336(a) 8336(b) 5 App.: 2256(a). 5 July 18, 1966, Pub.

App.: 2256(b). L. 89-504, Sec.

504, 80 Stat. 301.

-------------------------------

In subsections (a) and (b), the words ''is entitled to'' are

substituted for ''shall * * * be paid''. The words ''computed as

provided in section 9'' are omitted as unnecessary in view of 5

U.S.C. 8339.

-REFTEXT-

REFERENCES IN TEXT

Section 105(e)(2) of the Indian Self-Determination Act (25 U.S.C.

450i(a)(2); 88 Stat. 2209), referred to in subsec. (j)(2)(B), was

renumbered section 104(e)(2) of that Act by Pub. L. 100-472, title

II, Sec. 203(a), Oct. 5, 1988, 102 Stat. 2290, without

corresponding amendment to this section. Section 104(e)(2) of the

Indian Self-Determination Act is classified to section 450i(e)(2)

of Title 25, Indians. Section 105 of that Act is classified to

section 450j of Title 25.

The date of the enactment of this paragraph, referred to in

subsec. (j)(3)(A)(ii), is Dec. 5, 1979, the date of the enactment

of Pub. L. 96-135, which was approved Dec. 5, 1979.

-MISC2-

AMENDMENTS

2002 - Subsec. (d)(2). Pub. L. 107-296, Sec. 1313(b)(1), amended

par. (2) generally. Prior to amendment, par. (2) read as follows:

''except in the case of an employee who is separated from the

service under a program carried out under subsection (p), while

serving in a geographic area designated by the Office of Personnel

Management, is separated from the service voluntarily during a

period in which the Office determines that -

''(A) the agency in which the employee is serving is undergoing

a major reorganization, a major reduction in force, or a major

transfer of function; and

''(B) a significant percent of the employees serving in such

agency will be separated or subject to an immediate reduction in

the rate of basic pay (without regard to subchapter VI of chapter

53 of this title or comparable provisions);''.

Subsec. (h)(1). Pub. L. 107-296, Sec. 1321(a)(4)(A), struck out

''for failure to be recertified as a senior executive under section

3393a or'' before ''for less than''.

2001 - Subsec. (d)(2). Pub. L. 107-107, Sec. 1048(i)(5)(A),

substituted ''subsection (p)'' for ''subsection (o)'' in

introductory provisions.

Subsecs. (o), (p). Pub. L. 107-107, Sec. 1048(i)(5)(B),

redesignated subsec. (o), relating to Department of Defense

employees, as (p).

2000 - Subsec. (d)(2). Pub. L. 106-398, Sec. 1 ((div. A), title

XI, Sec. 1152(a)(1)), inserted ''except in the case of an employee

who is separated from the service under a program carried out under

subsection (o),'' before ''while serving'' in introductory

provisions.

Subsec. (n). Pub. L. 106-553 added subsec. (n). Former subsec.

(n), relating to computation of annuity under section 8339 of this

title, redesignated (o).

Subsec. (o). Pub. L. 106-553 redesignated subsec. (n), relating

to computation of annuity under section 8339 of this title, as (o).

Pub. L. 106-398, Sec. 1 ((div. A), title XI, Sec. 1152(a)(2)),

added subsec. (o) relating to Department of Defense employees.

1999 - Subsecs. (d)(2), (o). Pub. L. 106-58 repealed Pub. L.

105-261, Sec. 1109(a). See 1998 Amendment notes below.

1998 - Subsec. (c)(1). Pub. L. 105-261, Sec. 3154(e), substituted

'', firefighter, or nuclear materials courier'' for ''or

firefighter''.

Subsec. (d)(2). Pub. L. 105-261, Sec. 1109(a)(1), which directed

insertion of ''except in the case of an employee described in

subsection (o)(1),'' after ''(2)'', was repealed by Pub. L. 106-58.

Subsec. (o). Pub. L. 105-261, Sec. 1109(a)(2), which directed

addition of subsec. (o), relating to authority of Department of

Defense to offer employees voluntary early retirement, was repealed

by Pub. L. 106-58.

1994 - Subsec. (l). Pub. L. 103-337 substituted ''Court of

Appeals for the Armed Forces'' for ''Court of Military Appeals''.

1992 - Subsec. (k). Pub. L. 102-572 substituted ''Court of

Federal Claims'' for ''Claims Court'' in two places.

1990 - Subsec. (i)(3), (4). Pub. L. 101-510 added par. (3) and

redesignated former par. (3) as (4).

Subsec. (k). Pub. L. 101-650 amended subsec. (k) generally.

Prior to amendment, subsec. (k) read as follows: ''A bankruptcy

judge or United States magistrate who is separated from service,

except by removal, after becoming 62 years of age and completing 5

years of civilian service, or after becoming 60 years of age and

completing 10 years of service as a bankruptcy judge or United

States magistrate, is entitled to an annuity.''

Subsecs. (m), (n). Pub. L. 101-428 added subsec. (m) and

redesignated former subsec. (m) as (n).

1989 - Subsec. (h)(1). Pub. L. 101-194, Sec. 506(b)(7)(A),

substituted ''for failure to be recertified as a senior executive

under section 3393a or for'' for ''for''.

Subsec. (h)(2), (3). Pub. L. 101-194, Sec. 506(b)(7)(B), (C),

substituted ''for failure to be recertified as a senior executive

or for'' for ''for''.

1988 - Subsec. (h)(3). Pub. L. 100-325 added par. (3).

1987 - Subsec. (k). Pub. L. 100-53 amended subsec. (k)

generally. Prior to amendment, subsec. (k) read as follows: ''A

bankruptcy judge who is separated from service, except by removal,

after becoming sixty-two years of age and completing ten years of

service as a bankruptcy judge is entitled to an annuity.''

1985 - Subsec. (j)(3)(A). Pub. L. 99-190 substituted ''10 years''

for ''5 years''.

1984 - Subsec. (d). Pub. L. 98-615 inserted provision that for

purposes of par. (1), separation for failure to accept a directed

reassignment to a position outside the commuting area of the

employee concerned or to accompany a position outside of such area

pursuant to a transfer of function shall not be considered to be a

removal for cause on charges of misconduct or delinquency.

Subsec. (k). Pub. L. 98-353, Sec. 116(c), added subsec. (k).

Former subsec. (k) redesignated (l).

Subsec. (l). Pub. L. 98-531 redesignated the subsec. (l), which

was redesignated by Pub. L. 98-94, as (m).

Pub. L. 98-353, Sec. 116(c)(1), redesignated subsec. (k) as (l).

Subsec. (m). Pub. L. 98-531 redesignated the subsec. (l), which

was redesignated by Pub. L. 98-94, as (m).

1983 - Subsecs. (k), (l). Pub. L. 98-94 added subsec. (k) and

redesignated former subsec. (k) as (l).

1982 - Subsec. (d). Pub. L. 97-253, Sec. 308(a), inserted

provision that the agency which is undergoing a major

reorganization, a major reduction in force, or a major transfer of

function must have a significant percent of its employees who will

be separated or subject to an immediate reduction in the rate of

basic pay and inserted provision that notwithstanding the first

sentence of this subsection, an employee described in paragraph (1)

of this subsection is not entitled to an annuity under this

subsection if the employee has declined a reasonable offer of

another position in the employee's agency for which the employee is

qualified, which is not lower than 2 grades (or pay levels) below

the employee's grade (or pay level), and which is within the

employee's commuting area.

1981 - Subsec. (h). Pub. L. 97-89 designated existing provisions

as par. (1) and added par. (2).

1979 - Subsec. (c). Pub. L. 96-70 Sec. 1241(a)(1), designated

existing provisions as par. (1) and added par. (2).

Subsec. (i). Pub. L. 96-70, Sec. 1241(a)(2), added subsec. (i).

Former subsec. (i) redesignated (j).

Subsec. (j). Pub. L. 96-135 added subsec. (j). Former subsec. (j)

redesignated (k).

Pub. L. 96-70, Sec. 1241(a)(2), redesignated former subsec. (i)

as (j).

Subsec. (k). Pub. L. 96-135 redesignated former subsec. (j) as

(k).

1978 - Subsec. (d)(2). Pub. L. 95-454, Sec. 306, substituted

provisions relating to the employee's agency undergoing a major

reorganization, reduction in force, or transfer of function, as

determined by the Office of Personnel Management, for provisions

relating to the employee's agency undergoing a major reduction in

force, as determined by the Commission.

Subsecs. (h), (i). Pub. L. 95-454, Sec. 412(a), added subsec. (h)

and redesignated former subsec. (h) as (i).

1975 - Subsecs. (d), (g). Pub. L. 94-183 substituted ''an'' for

''a reduced'' after ''is entitled to''.

1974 - Subsec. (c). Pub. L. 93-350 substituted provisions

granting annuity entitlement to employees separated from the

service after becoming 50 years of age and completing 20 years of

service as a law enforcement officer or firefighter or any

combination of such service totaling at least 20 years for

provisions requiring the head of the employing agency to recommend,

and the Civil Service Commission to approve, the retirement of an

otherwise eligible employee requiring the agency and the Commission

to consider the degree of hazard the employee was subjected to in

the performance of his duties, and defining ''detention'' to

include the duties of specified employees.

1973 - Subsec. (d). Pub. L. 93-39 reenacted existing provisions,

designated part of such provisions as item (1) and added item (2).

1972 - Subsec. (c). Pub. L. 92-382 inserted reference to

employees performing work directly connected with the control and

extinguishment of fires or the maintenance and use of firefighting

apparatus and equipment for the purpose of retirement benefits.

Subsecs. (e) to (h). Pub. L. 92-297 added subsec. (e) and

redesignated former subsecs. (e) to (g) as (f) to (h),

respectively.

-CHANGE-

CHANGE OF NAME

''United States magistrate judge'' substituted for ''United

States magistrate'' wherever appearing in subsec. (k) pursuant to

section 321 of Pub. L. 101-650, set out as a note under section 631

of Title 28, Judiciary and Judicial Procedure.

Secretary and Department of Health, Education, and Welfare

redesignated Secretary and Department of Health and Human Services

by section 3508 of Title 20, Education.

-MISC4-

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,

2002, see section 4 of Pub. L. 107-296, set out as an Effective

Date note under section 101 of Title 6, Domestic Security.

EFFECTIVE DATE OF 2000 AMENDMENT

Amendment by Pub. L. 106-553 effective on the first day of the

first applicable pay period that begins on Dec. 21, 2000, and

applicable only to an individual who is employed as a member of the

Supreme Court Police after Dec. 21, 2000, see section 1(a)(2)

(title III, Sec. 308(i), (j)) of Pub. L. 106-553, set out in a

Supreme Court Police Retirement note under section 8331 of this

title.

EFFECTIVE DATE OF 1998 AMENDMENT

Pub. L. 105-261, div. A, title XI, Sec. 1109(d), Oct. 17, 1998,

112 Stat. 2145, as amended by Pub. L. 106-65, div. A, title XI,

Sec. 1101, Oct. 5, 1999, 113 Stat. 775, which provided that the

amendments made by section 1109 of Pub. L. 105-261 (amending this

section and sections 8339, 8414, and 8464 of this title) were to be

effective Oct. 1, 2000, and applicable with respect to an approval

for voluntary early retirement made on or after that date, was

repealed by Pub. L. 106-58, title VI, Sec. 651(b), Sept. 29, 1999,

113 Stat. 480.

Amendment by section 3154(e) of Pub. L. 105-261 effective at the

beginning of the first pay period that begins after Oct. 17, 1998,

and applicable only to an individual who is employed as a nuclear

materials courier, as defined by section 8331(27) or 8401(33) of

this title, after Oct. 17, 1998, see section 3154(m), (n) of Pub.

L. 105-261, set out as a note under section 8331 of this title.

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section

911 of Pub. L. 102-572, set out as a note under section 171 of

Title 28, Judiciary and Judicial Procedure.

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-650 applicable to judges of, and senior

judges in active service with, the United States Court of Federal

Claims on or after Dec. 1, 1990, see section 306(f) of Pub. L.

101-650, set out as a note under section 8331 of this title.

EFFECTIVE DATE OF 1989 AMENDMENT

Amendment by Pub. L. 101-194 effective Jan. 1, 1991, see section

506(d) of Pub. L. 101-194, set out as a note under section 3151 of

this title.

EFFECTIVE DATE OF 1987 AMENDMENT

Amendment by Pub. L. 100-53 effective Oct. 1, 1987, and

applicable to bankruptcy judges and United States magistrate judges

in office on that date and to individuals subsequently appointed to

such positions to whom this chapter otherwise applies, see section

3 of Pub. L. 100-53, as amended, set out as a note under section

8331 of this title.

EFFECTIVE DATE OF 1984 AMENDMENTS

Amendment by Pub. L. 98-615 effective Nov. 8, 1984, see section

307 of Pub. L. 98-615, set out as a note under section 3393 of this

title.

Amendment by Pub. L. 98-531 effective Mar. 31, 1984, see section

3(b) of Pub. L. 98-531, set out as a note under section 8331 of

this title.

Amendment by Pub. L. 98-353 effective July 10, 1984, and

applicable to bankruptcy judges who retire on or after such date,

see section 116(e) of Pub. L. 98-353, set out as a note under

section 8331 of this title. See, also, section 122(a) of Pub. L.

98-353, set out as an Effective Date note under section 151 of

Title 28, Judiciary and Judicial Procedure.

EFFECTIVE DATE OF 1982 AMENDMENT

Section 308(b) of Pub. L. 97-253 provided that: ''The amendment

made by subsection (a) (amending this section) shall take effect

October 1, 1982.''

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-89 effective Oct. 1, 1981, see section

806 of Pub. L. 97-89, set out as an Effective Date note under

section 1621 of Title 10, Armed Forces.

EFFECTIVE DATE OF 1979 AMENDMENTS

Section 1(d) of Pub. L. 96-135 provided that: ''The amendments

made by this section (amending this section and section 8339 of

this title) shall take effect on the date of the enactment of this

Act (Dec. 5, 1979).''

Section 1241(b)(1) of Pub. L. 96-70 provided that: ''The

amendments made by this section (amending this section) shall take

effect on the date of the enactment of this Act (Sept. 27, 1979),

but no amount of annuity under chapter 83 of title 5, United States

Code, accruing by reason of those amendments shall be payable for

any period before October 1, 1979.''

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by section 306 of Pub. L. 95-454 effective 90 days

after Oct. 13, 1978, see section 907 of Pub. L. 95-454, set out as

a note under section 1101 of this title.

Amendment by section 412 of Pub. L. 95-454 effective 9 months

after Oct. 13, 1978, and congressional review of provisions of

sections 401 through 412 of Pub. L. 95-454, see section 415 of Pub.

L. 95-454, set out as an Effective Date note under section 3131 of

this title.

EFFECTIVE DATE OF 1974 AMENDMENT

Amendment by Pub. L. 93-350 effective July 12, 1974, see section

7 of Pub. L. 93-350, set out as a note under section 3307 of this

title.

EFFECTIVE DATE OF 1972 AMENDMENT

Amendment by Pub. L. 92-297 effective on 90th day after May 16,

1972, see section 10 of Pub. L. 92-297, set out as an Effective

Date note under section 3381 of this title.

REGULATIONS

Pub. L. 107-296, title XIII, Sec. 1313(b)(5), Nov. 25, 2002, 116

Stat. 2296, provided that: ''The Office of Personnel Management may

prescribe regulations to carry out this subsection (amending this

section and section 8414 of this title, enacting provisions set out

as notes under this section, and repealing provisions set out as

notes under this section and section 8414 of this title).''

-TRANS-

TERMINATION OF UNITED STATES DISTRICT COURT FOR THE DISTRICT OF THE

CANAL ZONE

For termination of the United States District Court for the

District of the Canal Zone at end of the ''transition period'',

being the 30-month period beginning Oct. 1, 1979, and ending

midnight Mar. 31, 1982, see Paragraph 5 of Article XI of the Panama

Canal Treaty of 1977 and sections 2101 and 2201 to 2203(a) of Pub.

L. 96-70, title II, Sept. 27, 1979, 93 Stat. 493, formerly

classified to sections 3831 and 3841 to 3843, respectively, of

Title 22, Foreign Relations and Intercourse.

-MISC5-

GENERAL ACCOUNTING OFFICE: VOLUNTARY EARLY RETIREMENT

Pub. L. 107-296, title XIII, Sec. 1313(b)(3), Nov. 25, 2002, 116

Stat. 2296, provided that: ''The amendments made by this subsection

(amending this section and section 8414 of this title and repealing

provisions set out as notes under this section and section 8414 of

this title) shall not be construed to affect the authority under

section 1 of Public Law 106-303 (5 U.S.C. 8336 note; 114 State.

1063) (set out below).''

Pub. L. 106-303, Sec. 1, Oct. 13, 2000, 114 Stat. 1063, provided

that:

''(a) Civil Service Retirement System. - Effective for purposes

of the period beginning on the date of the enactment of this Act

(Oct. 13, 2000) and ending on December 31, 2003, paragraph (2) of

section 8336(d) of title 5, United States Code, shall, with respect

to officers and employees of the General Accounting Office, be

applied as if it had been amended to read as follows:

''(2)(A) has been employed continuously by the General

Accounting Office for at least the 31-day period immediately

preceding the start of the period referred to in subparagraph

(D);

''(B) is serving under an appointment that is not time limited;

''(C) has not received a notice of involuntary separation, for

misconduct or unacceptable performance, with respect to which

final action remains pending; and

''(D) is separated from the service voluntarily during a period

with respect to which the Comptroller General determines that the

application of this subsection is necessary and appropriate for

the purpose of -

''(i) realigning the General Accounting Office's workforce in

order to meet budgetary constraints or mission needs;

''(ii) correcting skill imbalances; or

''(iii) reducing high-grade, managerial, or supervisory

positions;

''(b) Federal Employees' Retirement System. - Effective for

purposes of the period beginning on the date of the enactment of

this Act (Oct. 13, 2000) and ending on December 31, 2003,

subparagraph (B) of section 8414(b)(1) of title 5, United States

Code, shall, with respect to officers and employees of the General

Accounting Office, be applied as if it had been amended to read as

follows:

''(B)(i) has been employed continuously by the General

Accounting Office for at least the 31-day period immediately

preceding the start of the period referred to in clause (iv);

''(ii) is serving under an appointment that is not time

limited;

''(iii) has not received a notice of involuntary separation,

for misconduct or unacceptable performance, with respect to which

final action remains pending; and

''(iv) is separated from the service voluntarily during a

period with respect to which the Comptroller General determines

that the application of this subsection is necessary and

appropriate for the purpose of -

''(I) realigning the General Accounting Office's workforce in

order to meet budgetary constraints or mission needs;

''(II) correcting skill imbalances; or

''(III) reducing high-grade, managerial, or supervisory

positions;

''(c) Numerical Limitation. - Not to exceed 10 percent of the

General Accounting Office's workforce (as of the start of a fiscal

year) shall be permitted to take voluntary early retirement in such

fiscal year pursuant to this section.

''(d) Regulations. - The Comptroller General shall prescribe any

regulations necessary to carry out this section, including

regulations under which an early retirement offer may be made to

any employee or group of employees based on -

''(1) geographic area, organizational unit, or occupational

series or level;

''(2) skills, knowledge, or performance; or

''(3) such other similar factors (or combination of factors

described in this or any other paragraph of this subsection) as

the Comptroller General considers necessary and appropriate in

order to achieve the purpose involved.''

APPLICATION OF SUBSECTION (D)(2)

Pub. L. 105-174, title III, Sec. 7001(a), May 1, 1998, 112 Stat.

91, as amended by Pub. L. 106-58, title VI, Sec. 651(a), Sept. 29,

1999, 113 Stat. 480, which provided that, effective May 1, 1998,

subsec. (d)(2) of this section was to be applied as if it read as

specified in Pub. L. 105-174, Sec. 7001(a), was repealed by Pub. L.

107-296, title XIII, Sec. 1313(b)(4), Nov. 25, 2002, 116 Stat.

2296.

INDIAN PREFERENCE LAWS APPLICABLE TO BUREAU OF INDIAN AFFAIRS AND

INDIAN HEALTH SERVICE POSITIONS

Nonapplicability of annuity provisions of subsec. (j) of this

section to individuals accepting waiver of Indian preference laws

with respect to personnel actions, see section 472a(c)(2) of Title

25, Indians.

INDIVIDUALS ENTITLED TO ANNUITY PAYMENTS FOR PERIOD PRIOR TO

OCTOBER 1, 1979

Section 1241(b)(2) of Pub. L. 96-70 provided that: ''Effective

October 1, 1979, any individual who, but for paragraph (1) of this

subsection (set out as an Effective Date of 1979 Amendment note

above), would have been entitled to one or more annuity payments

pursuant to the amendments made by this section (amending this

section) for periods before October 1, 1979, shall be entitled, to

such extent or in such amounts as are provided in advance in

appropriation Acts, to a lump sum payment equal to the total amount

of all such annuity payments.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3381, 3382, 3396, 5597,

6302, 8335, 8339, 8348 of this title; title 10 section 10218; title

22 sections 3671, 3691, 4045, 4046, 4051, 4052; title 24 section

225d; title 25 section 472a; title 45 section 1206; title 50

sections 2053, 2442.

-CITE-

5 USC Sec. 8337 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart G - Insurance and Annuities

CHAPTER 83 - RETIREMENT

SUBCHAPTER III - CIVIL SERVICE RETIREMENT

-HEAD-

Sec. 8337. Disability retirement

-STATUTE-

(a) An employee who completes 5 years of civilian service and has

become disabled shall be retired on the employee's own application

or on application by the employee's agency. Any employee shall be

considered to be disabled only if the employee is found by the

Office of Personnel Management to be unable, because of disease or

injury, to render useful and efficient service in the employee's

position and is not qualified for reassignment, under procedures

prescribed by the Office, to a vacant position which is in the

agency at the same grade or level and in which the employee would

be able to render useful and efficient service. For the purpose of

the preceding sentence, an employee of the United States Postal

Service shall be considered not qualified for a reassignment

described in that sentence if the reassignment is to a position in

a different craft or is inconsistent with the terms of a collective

bargaining agreement covering the employee. A judge of the United

States Court of Appeals for the Armed Forces who completes 5 years

of civilian service and who is found by the Office to be disabled

for useful and efficient service as a judge of such court or who is

removed for mental or physical disability under section 942(c) of

title 10 shall be retired on the judge's own application or upon

such removal. A Member who completes 5 years of Member service and

is found by the Office to be disabled for useful and efficient

service as a Member because of disease or injury shall be retired

on the Member's own application. An annuity authorized by this

section is computed under section 8339(g) of this title, unless the

employee or Member is eligible for a higher annuity computed under

section 8339(a) through (e), (n), (q), (r), or (s).

(b) A claim may be allowed under this section only if the

application is filed with the Office before the employee or Member

is separated from the service or within 1 year thereafter. This

time limitation may be waived by the Office for an employee or

Member who at the date of separation from service or within 1 year

thereafter is mentally incompetent, if the application is filed

with the Office within 1 year from the date of restoration of the

employee or Member to competency or the appointment of a fiduciary,

whichever is earlier.

(c) An annuitant receiving disability retirement annuity from the

Fund shall be examined under the direction of the Office -

(1) at the end of 1 year from the date of the disability

retirement; and

(2) annually thereafter until he becomes 60 years of age;

unless his disability is permanent in character. If the annuitant

fails to submit to examination as required by this section, payment

of the annuity shall be suspended until continuance of the

disability is satisfactorily established.

(d) If an annuitant receiving disability retirement annuity from

the Fund, before becoming 60 years of age, recovers from his

disability, payment of the annuity terminates on reemployment by

the Government or 1 year after the date of the medical examination

showing the recovery, whichever is earlier. If an annuitant

receiving disability retirement annuity from the Fund, before

becoming 60 years of age, is restored to an earning capacity fairly

comparable to the current rate of pay of the position occupied at

the time of retirement, payment of the annuity terminates on

reemployment by the Government or 180 days after the end of the

calendar year in which earning capacity is so restored, whichever

is earlier. Earning capacity is deemed restored if in any calendar

year the income of the annuitant from wages or self-employment or

both equals at least 80 percent of the current rate of pay of the

position occupied immediately before retirement.

(e) If an annuitant whose annuity is terminated under subsection

(d) of this section is not reemployed in a position in which he is

subject to this subchapter, he is deemed, except for service

credit, to have been involuntarily separated from the service for

the purpose of this subchapter as of the date of termination of the

disability annuity, and after that termination is entitled to

annuity under the applicable provisions of this subchapter. If an

annuitant whose annuity is heretofore or hereafter terminated

because of an earning capacity provision of this subchapter or an

earlier statute -

(1) is not reemployed in a position in which he is subject to

this subchapter; and

(2) has not recovered from the disability for which he was

retired;

his annuity shall be restored at the same rate effective the first

of the year following any calendar year in which his income from

wages or self-employment or both is less than 80 percent of the

current rate of pay of the position occupied immediately before

retirement. If an annuitant whose annuity is heretofore or

hereafter terminated because of a medical finding that he has

recovered from disability is not reemployed in a position in which

he is subject to this subchapter, his annuity shall be restored at

the same rate effective from the date of medical examination

showing a recurrence of the disability. The second and third

sentences of this subsection do not apply to an individual who has

become 62 years of age and is receiving or is eligible to receive

annuity under the first sentence of this subsection.

(f)(1) An individual is not entitled to receive -

(A) an annuity under this subchapter, and

(B) compensation for injury to, or disability of, such

individual under subchapter I of chapter 81, other than

compensation payable under section 8107,

covering the same period of time.

(2) An individual is not entitled to receive an annuity under

this subchapter and a concurrent benefit under subchapter I of

chapter 81 on account of the death of the same person.

(3) Paragraphs (1) and (2) do not bar the right of a claimant to

the greater benefit conferred by either this subchapter or

subchapter I of chapter 81.

(g) If an individual is entitled to an annuity under this

subchapter, and the individual receives a lump-sum payment for

compensation under section 8135 based on the disability or death of

the same person, so much of the compensation as has been paid for a

period extended beyond the date payment of the annuity commences,

as determined by the Department of Labor, shall be refunded to that

Department for credit to the Employees' Compensation Fund. Before

the individual may receive the annuity, the individual shall -

(1) refund to the Department of Labor the amount representing

the commuted compensation payments for the extended period; or

(2) authorize the deduction of the amount from the annuity.

Deductions from the annuity may be made from accrued or accruing

payments. The amounts deducted and withheld from the annuity shall

be transmitted to the Department of Labor for reimbursement to the

Employees' Compensation Fund. When the Department of Labor finds

that the financial circumstances of an individual entitled to an

annuity under this subchapter warrant deferred refunding,

deductions from the annuity may be prorated against and paid from

accruing payments in such manner as the Department determines

appropriate.

(h)(1) As used in this subsection, the term ''technician'' means

an individual employed under section 709(a) of title 32 or section

10216 of title 10 who, as a condition of the employment, is

required under section 709(b) of title 32 or section 10216 of title

10, respectively, to be a member of the Selected Reserve.

(2)(A) Except as provided in subparagraph (B) of this paragraph,

an individual shall be retired under this section if the individual

-

(i) is separated from employment as a technician under section

709(e)(1) of title 32 or section 10216 of title 10 by reason of a

disability that disqualifies the individual from membership in

the Selected Reserve;

(ii) is not considered to be disabled under the second sentence

of subsection (a) of this section;

(iii) is not appointed to a position in the Government (whether

under paragraph (3) of this subsection or otherwise); and

(iv) has not declined an offer of an appointment to a position

in the Government under paragraph (3) of this subsection.

(B) Payment of any annuity for an individual pursuant to this

subsection terminates -

(i) on the date the individual is appointed to a position in

the Government (whether pursuant to paragraph (3) of this

subsection or otherwise);

(ii) on the date the individual declines an offer of

appointment to a position in the Government under paragraph (3);

or

(iii) as provided under subsection (d).

(3) Any individual applying for or receiving any annuity pursuant

to this subsection shall, in accordance with regulations prescribed

by the Office, be considered by any agency of the Government before

any vacant position in the agency is filled if -

(A) the position is located within the commuting area of the

individual's former position;

(B) the individual is qualified to serve in such position, as

determined by the head of the agency; and

(C) the position is at the same grade or equivalent level as

the position from which the individual was separated under

section 709(e)(1) of title 32 or section 10216 of title 10.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 572; Pub. L. 90-83, Sec.

1(76), Sept. 11, 1967, 81 Stat. 214; Pub. L. 95-454, title IX, Sec.

906(a)(2), (3), Oct. 13, 1978, 92 Stat. 1224; Pub. L. 96-499, title

IV, Sec. 403(a), Dec. 5, 1980, 94 Stat. 2605; Pub. L. 97-253, title

III, Sec. 302(a), Sept. 8, 1982, 96 Stat. 792; Pub. L. 98-94, title

XII, Sec. 1256(c), Sept. 24, 1983, 97 Stat. 701; Pub. L. 100-238,

title I, Sec. 124(a)(1)(A), Jan. 8, 1988, 101 Stat. 1755; Pub. L.

101-189, div. A, title XIII, Sec. 1304(b)(2), Nov. 29, 1989, 103

Stat. 1577; Pub. L. 101-428, Sec. 2(d)(1), Oct. 15, 1990, 104 Stat.

929; Pub. L. 102-378, Sec. 2(61), Oct. 2, 1992, 106 Stat. 1354;

Pub. L. 103-337, div. A, title IX, Sec. 924(d)(1)(A), Oct. 5,

1994, 108 Stat. 2832; Pub. L. 105-61, title V, Sec. 516(a)(2), Oct.

10, 1997, 111 Stat. 1306; Pub. L. 106-65, div. A, title V, Sec.

522(d), Oct. 5, 1999, 113 Stat. 597; Pub. L. 106-553, Sec. 1(a)(2)

(title III, Sec. 308(h)(1)), Dec. 21, 2000, 114 Stat. 2762,

2762A-88.)

-MISC1-

Historical and Revision Notes

1966 Act

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 2257. July 31, 1956, ch.

804, Sec. 401

''Sec. 7'', 70

Stat. 750. Oct. 4,

1961, Pub. L. 87-

350, Sec. 4(a), 75

Stat. 771.

-------------------------------

In subsection (c), the words ''receiving disability retirement

annuity from the Fund'' are coextensive with and substituted for

''retired under this section or under section 6 of the Act of May

29, 1930, as amended''.

In subsection (g), the words ''Notwithstanding any provision of

law to the contrary'' are omitted as unnecessary. The words

''Employees' Compensation Fund'' are substituted for ''Federal

Employees' Compensation Fund'' to conform to the title of that Fund

as set forth in section 8147.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

1967 ACT

This section amends 5 U.S.C. 8337(e) for consistency within the

subchapter and to reflect that it is the individual, rather than

the position, that is subject to the subchapter.

AMENDMENTS

2000 - Subsec. (a). Pub. L. 106-553 substituted ''8339(a) through

(e), (n), (q), (r), or (s)'' for ''8339(a)-(e), (n), (q), or (r)''

in last sentence.

1999 - Subsec. (h)(1). Pub. L. 106-65, Sec. 522(d)(1), inserted

''or section 10216 of title 10'' after ''title 32'' and substituted

''title 32 or section 10216 of title 10, respectively, to be a

member of the Selected Reserve.'' for ''such title to be a member

of the National Guard and to hold a specified military grade.''

Subsec. (h)(2)(A)(i). Pub. L. 106-65, Sec. 522(d)(2), inserted

''or section 10216 of title 10'' after ''title 32'' and substituted

''Selected Reserve'' for ''National Guard or from holding the

military grade required for such employment''.

Subsec. (h)(3)(C). Pub. L. 106-65, Sec. 522(d)(3), inserted ''or

section 10216 of title 10'' after ''title 32''.

1997 - Subsec. (a). Pub. L. 105-61 substituted ''(q), or (r)''

for ''or (q)''.

1994 - Subsec. (a). Pub. L. 103-337 substituted ''Court of

Appeals for the Armed Forces'' for ''Court of Military Appeals''.

1992 - Subsec. (a). Pub. L. 102-378 substituted ''if'' for ''is''

after ''employee'' in second sentence.

1990 - Subsec. (a). Pub. L. 101-428 substituted ''8339(a)-(e),

(n), or (q)'' for ''8339(a)-(e) or (n)''.

1989 - Subsec. (a). Pub. L. 101-189 substituted ''section 942(c)

of title 10'' for ''section 867(a)(2) of title 10''.

1988 - Subsec. (f). Pub. L. 100-238 added subsec. (f) and struck

out former subsec. (f) which read as follows: ''An individual is

not entitled to receive an annuity under this subchapter and

compensation for injury or disability to himself under subchapter I

of chapter 81 of this title covering the same period of time. This

provision does not bar the right of a claimant to the greater

benefit conferred by either subchapter for any part of the same

period of time. Neither this provision nor any provision of

subchapter I of chapter 81 of this title denies to an individual an

annuity accruing to him under this subchapter on account of service

performed by him, or denies any concurrent benefit to him under

subchapter I of chapter 81 of this title on account of the death of

another individual.''

Subsec. (g). Pub. L. 100-238 added subsec. (g) and struck out

former subsec. (g) which read as follows: ''The right of an

individual entitled to an annuity under this subchapter is not

affected because he has received a lump-sum payment for

compensation under section 8135 of this title. However, if the

annuity is payable on account of the same disability for which

compensation under section 8135 of this title has been paid, so

much of the compensation as has been paid for a period extended

beyond the date the annuity becomes effective, as determined by the

Department of Labor, shall be refunded to that Department to be

covered into the Employees' Compensation Fund. Before the

individual may receive the annuity he shall -

''(1) refund to the Department of Labor the amount representing

the commuted compensation payments for the extended period; or

''(2) authorize the deduction of that amount from the annuity

payable to him under this subchapter, which amount shall be

transmitted to the Department of Labor for reimbursement to the

Employees' Compensation Fund.

Deductions from the annuity may be made from accrued and accruing

payments. When the Department of Labor finds that the financial

circumstances of the annuitant warrant deferred refunding,

deductions from the annuity may be prorated against and paid from

accruing payments in such manner as that Department determines.''

1983 - Subsec. (a). Pub. L. 98-94 inserted provision that a judge

of the United States Court of Military Appeals who completes 5

years of civilian service and who is found by the Office to be

disabled for useful and efficient service as a judge of such court

or who is removed for mental or physical disability under section

867(a)(2) of title 10 shall be retired on the judge's own

application or upon such removal.

1982 - Subsec. (d). Pub. L. 97-253, Sec. 302(a)(1), (2),

substituted ''180 days'' for ''1 year'' in provision relating to

restoration of an annuitant to an earning capacity fairly

comparable to the current rate of pay of the position occupied at

the time of retirement, and ''any calendar year'' for ''each of 2

succeeding calendar years''.

Subsec. (h). Pub. L. 97-253, Sec. 302(a)(3), added subsec. (h).

1980 - Subsec. (a). Pub. L. 96-499 provided that an employee was

to be considered disabled only if the employee were found by the

Office of Personnel Management to be unable to render useful and

efficient service in the employee's position and was not qualified

for reassignment to a vacant position in the agency at the same

grade or level and provided that an employee in the Postal Service

was to be considered not qualified for such reassignment if such

reassignment were to a position in a different craft or were

inconsistent with the terms of the appropriate collective

bargaining agreement.

1978 - Subsecs. (a) to (c). Pub. L. 95-454 substituted ''Office

of Personnel Management'' and ''Office'' for ''Civil Service

Commission'' and ''Commission'', respectively, wherever appearing.

EFFECTIVE DATE OF 2000 AMENDMENT

Amendment by Pub. L. 106-553 effective on the first day of the

first applicable pay period that begins on Dec. 21, 2000, and

applicable only to an individual who is employed as a member of the

Supreme Court Police after Dec. 21, 2000, see section 1(a)(2)

(title III, Sec. 308(i), (j)) of Pub. L. 106-553, set out in a

Supreme Court Police Retirement note under section 8331 of this

title.

EFFECTIVE DATE OF 1997 AMENDMENT

Amendment by Pub. L. 105-61 applicable to any annuity commencing

before, on, or after Oct. 10, 1997, and effective with regard to

any payment made after the first month following Oct. 10, 1997, see

section 516(b) of Pub. L. 105-61, set out as a note under section

8334 of this title.

EFFECTIVE DATE OF 1988 AMENDMENT

Section 124(c) of Pub. L. 100-238 provided that:

''(1) In general. - Except as provided in paragraph (2), the

amendments made by this section (enacting section 8464a of this

title, amending this section, renumbering section 8457 of this

title as section 8456, and repealing former section 8456 of this

title) shall be effective as of January 1, 1987, and shall apply

with respect to benefits payable based on a death or disability

occurring on or after that date.

''(2) Exception. - The amendment made by subsection (a)(1)(A)

(amending this section) shall take effect on the date of the

enactment of this Act (Jan. 8, 1988) and shall apply with respect

to benefits payable based on a death or disability occurring on or

after that date.''

EFFECTIVE DATE OF 1982 AMENDMENT

Section 302(c) of Pub. L. 97-253, as amended by Pub. L. 97-346,

Sec. 3(i), Oct. 15, 1982, 96 Stat. 1649, provided that:

''(1) Except as provided in paragraphs (2) and (3), the

amendments made by subsections (a) and (b) (amending this section

and section 8347 of this title) shall take effective October 1,

1982.

''(2) The amendments made by paragraphs (1) and (2) of subsection

(a) (amending this section) shall take effect with respect to

income earned after December 31, 1982.

''(3) Subsection (h) of section 8337 of title 5, United States

Code (as added by subsection (a)) shall apply to any technician (as

defined in paragraph (1) of such subsection (h)) who is separated

from employment as a technician on or after October 1, 1982. Such

subsection (h) shall also apply to any technician separated from

employment as a technician on or after December 31, 1979, and

before October 1, 1982, if application therefor is made to the

Office of Personnel Management within 12 months after the date of

the enactment of this Act (Sept. 8, 1982). Any annuity resulting

from such application shall commence as of the day after the date

such application is received by the Office.''

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-499 effective on 90th day after Dec. 5,

1980, see section 403(c) of Pub. L. 96-499, set out as a note under

section 8331 of this title.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-454 effective 90 days after Oct. 13,

1978, see section 907 of Pub. L. 95-454, set out as a note under

section 1101 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3304, 7511, 8339, 8343a,

8345, 8347, 8349, 8706, 8908 of this title; title 38 sections 7426,

7438; title 50 section 403s.

-CITE-

5 USC Sec. 8338 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart G - Insurance and Annuities

CHAPTER 83 - RETIREMENT

SUBCHAPTER III - CIVIL SERVICE RETIREMENT

-HEAD-

Sec. 8338. Deferred retirement

-STATUTE-

(a) An employee who is separated from the service or transferred

to a position in which he does not continue subject to this

subchapter after completing 5 years of civilian service is entitled

to an annuity beginning at the age of 62 years.

(b) A Member who, after December 31, 1955, is separated from the

service as a Member after completing 5 years of civilian service is

entitled to an annuity beginning at the age of 62 years. A Member

who is separated from the service after completing 10 or more years

of Member service is entitled to an annuity beginning at the age of

60 years. A Member who is separated from the service after

completing 20 or more years of service, including 10 or more years

of Member service, is entitled to a reduced annuity beginning at

the age of 50 years.

(c) A judge of the United States Court of Appeals for the Armed

Forces who is separated from the service after completing 5 years

of civilian service is entitled to an annuity beginning at the age

of 62 years. A judge of such court who is separated from the

service after completing the term of service for which he was

appointed is entitled to an annuity. If an annuity is elected

before the judge becomes 60 years of age, it shall be a reduced

annuity.

(d) An annuity or reduced annuity authorized by this section is

computed under section 8339 of this title.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 574; Pub. L. 90-83, Sec.

1(77), Sept. 11, 1967, 81 Stat. 214; Pub. L. 98-94, title XII, Sec.

1256(d), Sept. 24, 1983, 97 Stat. 702; Pub. L. 103-337, div. A,

title IX, Sec. 924(d)(1)(A), Oct. 5, 1994, 108 Stat. 2832.)

-MISC1-

Historical and Revision Notes

1966 Act

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 2258. July 31, 1956, ch.

804, Sec. 401

''Sec. 8'', 70

Stat. 751. July 7,

1960, Pub. L. 86-

604, Sec. 1(c), 74

Stat. 358. July 12,

1960, Pub. L. 86-

622, Sec. 2(a), 74

Stat. 410.

-------------------------------

In subsection (b), the words ''after December 31, 1955'' are

substituted for ''on or after January 1, 1956''. The word

''hereafter'' is omitted as unnecessary.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

1967 ACT

This section amends 5 U.S.C. 8338(a) for consistency within the

subchapter and to reflect that it is the individual, rather than

the position, that is subject to the subchapter.

AMENDMENTS

1994 - Subsec. (c). Pub. L. 103-337 substituted ''Court of

Appeals for the Armed Forces'' for ''Court of Military Appeals''.

1983 - Subsecs. (c), (d). Pub. L. 98-94 added subsec. (c), and

redesignated former subsec. (c) as (d).

SAVINGS PROVISIONS DEFERRED ANNUITIES UNDER LAWS REPEALED BY PUB.

L. 90-83

Pub. L. 90-83, Sec. 10(a), Sept. 11, 1967, 81 Stat. 222, provided

that: ''The right to a deferred annuity on satisfaction of the

conditions attached thereto is continued notwithstanding the repeal

by this Act of the law conferring the right.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 8339, 8341 of this title;

title 22 section 4051.

-CITE-

5 USC Sec. 8339 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart G - Insurance and Annuities

CHAPTER 83 - RETIREMENT

SUBCHAPTER III - CIVIL SERVICE RETIREMENT

-HEAD-

Sec. 8339. Computation of annuity

-STATUTE-

(a) Except as otherwise provided by this section, the annuity of

an employee retiring under this subchapter is -

(1) 1 1/2 percent of his average pay multiplied by so much of

his total service as does not exceed 5 years; plus

(2) 1 3/4 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 his service as a

Congressional employee, his military service not exceeding 5 years,

and any Member service, by multiplying 2 1/2 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) his Congressional employee service;

by multiplying 2 1/2 percent of his average pay by the years of

that service.

(d)(1) The annuity of an employee retiring under section 8335(b)

or 8336(c) of this title is -

(A) 2 1/2 percent of his average pay multiplied by so much of

his total service as does not exceed 20 years; plus

(B) 2 percent of his average pay multiplied by so much of his

total service as exceeds 20 years.

(2) The annuity of an employee retiring under this subchapter who

was employed by the Panama Canal Company or Canal Zone Government

on September 30, 1979, is computed with respect to the period of

continuous Panama Canal service from that date, disregarding any

break in service of not more than 3 days, by adding -

(A) 2 1/2 percent of the employee's average pay multiplied by

so much of that service as does not exceed 20 years; plus

(B) 2 percent of the employee's average pay multiplied by so

much of that service as exceeds 20 years.

(3) The annuity of an employee retiring under this subchapter who

is employed by the Panama Canal Commission at any time during the

period beginning October 1, 1990, and ending December 31, 1999, is

computed, with respect to any period of service with the Panama

Canal Commission, by adding -

(A) 2 1/2 percent of the employee's average pay multiplied by

so