Regulations

§ 8334

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

HISTORICAL AND REVISION NOTES—CONTINUED
Derivation
(c) .............

Revised Statutes and
Statutes at Large

U.S. Code
5 U.S.C. 2256(f) (last
sentence).

July 31, 1956, ch. 804, § 401
‘‘Sec.
6(f)
(last
sentence)’’, 70 Stat. 750.
Aug. 27, 1958, Pub. L. 85–772,
§ 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.

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
pay
Employee ...........

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.

§ 8334. Deductions, contributions, and deposits
(a)(1)(A) 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,1
Court of Federal Claims judge, member of the
Capitol Police, member of the Supreme Court
Police, nuclear materials courier, or customs
and border protection officer, as the case may
be, the percentage of basic pay applicable under
subsection (c).
(B)(i) Except as provided in clause (ii), 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.
(ii) In the case of an employee of the United
States Postal Service, no amount shall be contributed under this subparagraph.
(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
1 So in original. Probably should be ‘‘United States magistrate
judge,’’.

Page 788

21⁄2 ............
31⁄2 ............
5 ...............
6 ...............
61⁄2 ............
7 ...............
7.25 ...........
7.4 .............

Member or employee for Congressional employee service.

7 ...............
21⁄2 ............
31⁄2 ............
5 ...............
6 ...............
61⁄2 ............
7.5 .............
7.75 ...........
7.9 .............

Member for
Member service.

7.5 .............
21⁄2 ............
31⁄2 ............
5 ...............
6 ...............
71⁄2 ............
8 ...............
8.25 ...........
8.4 .............
8.5 .............

Law enforcement
officer for law
enforcement
service, member of the Supreme Court
Police for Supreme Court
Police service,
and firefighter
for firefighter
service.

8 ...............
21⁄2 ............
31⁄2 ............
5 ...............
6 ...............
61⁄2 ............
7 ...............

7.5 .............
7.75 ...........
7.9 .............
Bankruptcy
judge.

7.5 .............
21⁄2 ............
31⁄2 ............
5 ...............
6 ...............
61⁄2 ............
7 ...............
8 ...............
8.25 ...........
8.4 .............
8 ...............

Service period
August 1, 1920, to June 30, 1926.
July 1, 1926, to June 30, 1942.
July 1, 1942, to June 30, 1948.
July 1, 1948, to October 31, 1956.
November 1, 1956, to December
31, 1969.
January 1, 1970, to December 31,
1998.
January 1, 1999, to December 31,
1999.
January 1, 2000, to December 31,
2000.
After December 31, 2000.
August 1, 1920, to June 30, 1926.
July 1, 1926, to June 30, 1942.
July 1, 1942, to June 30, 1948.
July 1, 1948, to October 31, 1956.
November 1, 1956, to December
31, 1969.
January 1, 1970, to December 31,
1998.
January 1, 1999, to December 31,
1999.
January 1, 2000, to December 31,
2000.
After December 31, 2000.
August 1, 1920, to June 30, 1926.
July 1, 1926, to June 30, 1942.
July 1, 1942, to August 1, 1946.
August 2, 1946, to October 31,
1956.
November 1, 1956, to December
31, 1969.
January 1, 1970, to December 31,
1998.
January 1, 1999, to December 31,
1999.
January 1, 2000, to December 31,
2000.
January 1, 2001, to December 31,
2002.
After December 31, 2002.
August 1, 1920, to June 30, 1926.
July 1, 1926, to June 30, 1942.
July 1, 1942, to June 30, 1948.
July 1, 1948, to October 31, 1956.
November 1, 1956, to December
31, 1969.
January 1, 1970, to December 31,
1974.

January 1, 1975, to December 31,
1998.
January 1, 1999, to December 31,
1999.
January 1, 2000, to December 31,
2000.
After December 31, 2000.
August 1, 1920, to June 30, 1926.
July 3, 1926, to June 30, 1942.
July 1, 1942, to June 30, 1948.
July 1, 1948, to October 31, 1956.
November 1, 1956, to December
31, 1969.
January 1, 1970, to December 31,
1983.
January 1, 1984, to December 31,
1998.
January 1, 1999, to December 31,
1999.
January 1, 2000, to December 31,
2000.
After December 31, 2000.

Page 789

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
Percentage
of basic
pay

Judge of the
United States
Court of Appeals for the
Armed Forces
for service as a
judge of that
court.

6 ...............
61⁄2 ............
7 ...............

8 ...............

8.25 ...........
8.4 .............
United States
magistrate
judge.

8 ...............
21⁄2 ............
31⁄2 ............
5 ...............
6 ...............
61⁄2 ............
7 ...............
8 ...............
8.25 ...........
8.4 .............

Court of Federal
Claims Judge.

8 ...............
21⁄2 ............
31⁄2 ............
5 ...............
6 ...............
61⁄2 ............
7 ...............
8 ...............
8.25 ...........
8.4 .............

Member of the
Capitol Police.

8 ...............
2.5 .............
3.5 .............
5 ...............
6 ...............
6.5 .............
7.5 .............
7.75 ...........
7.9 .............

Nuclear materials courier.

7.5 .............
7 ...............
7.5 .............
7.75 ...........
7.9 .............

Customs and border protection
officer.

7.5 .............
7.5 .............

Service period
May 5, 1950, to October 31, 1956.
November 1, 1956, to December
31, 1969.
January 1, 1970, to (but not including) the date of the enactment of the Department of
Defense Authorization Act,
1984.
The date of enactment of the
Department of Defense Authorization Act, 1984, to December 31, 1998.
January 1, 1999, to December 31,
1999.
January 1, 2000, to December 31,
2000.
After December 31, 2000.
August 1, 1920, to June 30, 1926.
July 1, 1926, to June 30, 1942.
July 1, 1942, to June 30, 1948.
July 1, 1948, to October 31, 1956.
November 1, 1956, to December
31, 1969.
January 1, 1970, to September
30, 1987.
October 1, 1987, to December 31,
1998.
January 1, 1999, to December 31,
1999.
January 1, 2000, to December 31,
2000.
After December 31, 2000.
August 1, 1920, to June 30, 1926.
July 1, 1926, to June 30, 1942.
July 1, 1942, to June 30, 1948.
July 1, 1948, to October 31, 1956.
November 1, 1956, to December
31, 1969.
January 1, 1970, to September
30, 1988.
October 1, 1988, to December 31,
1998.
January 1, 1999, to December 31,
1999.
January 1, 2000, to December 31,
2000.
After December 31, 2000.
August 1, 1920, to June 30, 1926.
July 1, 1926, to June 30, 1942.
July 1, 1942, to June 30, 1948.
July 1, 1948, to October 31, 1956.
November 1, 1956, to December
31, 1969.
January 1, 1970, to December 31,
1998.
January 1, 1999, to December 31,
1999.
January 1, 2000, to December 31,
2000.
After December 31, 2000.
October 1, 1977 to October 16,
1998.
October 17, 1998 to December 31,
1998.
January 1, 1999 to December 31,
1999.
January 1, 2000 to December 31,
2000.
After December 31, 2000.
After June 29, 2008.

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

§ 8334

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 March 1, 1991, 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 March 1,
1991;
(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 de-

§ 8334

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

ducted 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 section 8334(j)
of this title;
(3) service for the Panama Railroad Company before January 1, 1924;
(4) service performed before October 29,
1983,,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;
(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 lumpsum credit under section 8342(a) of this title.
(5) Notwithstanding any other provision of
law, a judge who is covered by section 7296 of
2 So

in original.

Page 790

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 re-

Page 791

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

mitted 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 subsection (a)(1)(A); and
(B) the amount of the contribution under
subparagraph (B) of subsection (a)(1) shall be
the amount which would have been contributed under such subparagraph 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 subsection
(a)(1)(A) 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).

§ 8334

(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,3 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,3 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
3 See

References in Text note below.

§ 8334

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

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).
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 569; Pub. L.
90–83, § 1(74), Sept. 11, 1967, 81 Stat. 214; Pub. L.
90–486, § 5(b), Aug. 13, 1968, 82 Stat. 757; Pub. L.
91–93, title I, § 102(a), title II, § 202, Oct. 20, 1969,
83 Stat. 136, 138; Pub. L. 92–297, § 7(2), May 16,
1972, 86 Stat. 144; Pub. L. 93–350, § 3, July 12, 1974,
88 Stat. 356; Pub. L. 94–126, §§ 1(a), 2(a), Nov. 12,
1975, 89 Stat. 679; Pub. L. 95–382, § 1(b), Sept. 22,
1978, 92 Stat. 727; Pub. L. 95–454, title IX,
§ 906(a)(2), Oct. 13, 1978, 92 Stat. 1224; Pub. L.
95–598, title III, § 338(b), Nov. 6, 1978, 92 Stat. 2681;
Pub. L. 97–164, title II, § 207(b), Apr. 2, 1982, 96
Stat. 54; Pub. L. 97–253, title III, §§ 303(a)(1),
306(d), (e), Sept. 8, 1982, 96 Stat. 793, 796, 797; Pub.
L. 97–346, § 3(a), (c)–(e)(1), Oct. 15, 1982, 96 Stat.
1647, 1648; Pub. L. 98–94, title XII, §§ 1256(a), 1257,
Sept. 24, 1983, 97 Stat. 701, 702; Pub. L. 89–702,
title II, § 209(f), as added Pub. L. 98–129, § 2, Oct.
14, 1983, 97 Stat. 843; Pub. L. 98–353, title I,
§ 116(b), July 10, 1984, 98 Stat. 344; Pub. L. 98–615,
§ 2(2), Nov. 8, 1984, 98 Stat. 3195; Pub. L. 99–335,
title II, § 201(a), (c), June 6, 1986, 100 Stat. 588,
591; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095;
Pub. L. 100–53, § 2(b), June 18, 1987, 101 Stat. 367;
Pub. L. 100–238, title I, §§ 102, 108(b)(1), Jan. 8,
1988, 101 Stat. 1744, 1748; Pub. L. 100–659, § 6(b),
Nov. 15, 1988, 102 Stat. 3919; Pub. L. 101–94, title
I, § 102(a), Aug. 16, 1989, 103 Stat. 626; Pub. L.
101–508, title VII, § 7001(b)(1), (2)(A), (B), Nov. 5,
1990, 104 Stat. 1388–328, 1388–329; Pub. L. 101–650,
title III, §§ 306(c)(2), (e)(2), 321, Dec. 1, 1990, 104
Stat. 5110, 5112, 5117; Pub. L. 102–40, title IV,
§ 402(d)(2), May 7, 1991, 105 Stat. 239; Pub. L.
102–378, § 2(59), Oct. 2, 1992, 106 Stat. 1354; Pub. L.
102–572, title IX, § 902(b), Oct. 29, 1992, 106 Stat.
4516; Pub. L. 103–66, title XI, § 11004(a)(3), Aug. 10,
1993, 107 Stat. 412; Pub. L. 103–82, title III,
§ 371(a)(2), Sept. 21, 1993, 107 Stat. 910; Pub. L.
103–337, div. A, title IX, § 924(d)(1)(A), Oct. 5, 1994,
108 Stat. 2832; Pub. L. 103–353, § 5(b), Oct. 13, 1994,
108 Stat. 3173; Pub. L. 104–186, title II, § 215(12),
Aug. 20, 1996, 110 Stat. 1746; Pub. L. 104–316, title
I, § 103(g), Oct. 19, 1996, 110 Stat. 3829; Pub. L.
105–33, title VII, § 7001(a)(3), (4), Aug. 5, 1997, 111
Stat. 653, 657; Pub. L. 105–61, title V, § 516(a)(1),
Oct. 10, 1997, 111 Stat. 1306; Pub. L. 105–261, div.
C, title XXXI, § 3154(c)(1), (2), Oct. 17, 1998, 112
Stat. 2254; Pub. L. 106–65, div. A, title X,

Page 792

§ 1066(d)(3), Oct. 5, 1999, 113 Stat. 773; Pub. L.
106–346, § 101(a) [title V, § 505(a)], Oct. 23, 2000, 114
Stat. 1356, 1356A–50; Pub. L. 106–553, § 1(a)(2)
[title III, § 308(b)(1)], Dec. 21, 2000, 114 Stat. 2762,
2762A–86; Pub. L. 107–107, div. A, title XI,
§ 1132(a)(2), Dec. 28, 2001, 115 Stat. 1243; Pub. L.
108–18, § 2(b), Apr. 23, 2003, 117 Stat. 624; Pub. L.
109–435, title VIII, § 802(a)(1), Dec. 20, 2006, 120
Stat. 3249; Pub. L. 110–161, div. E, title V,
§ 535(a)(2), Dec. 26, 2007, 121 Stat. 2075; Pub. L.
111–84, div. A, title XIX, § 1902(a), Oct. 28, 2009,
123 Stat. 2615.)
HISTORICAL AND REVISION NOTES
1966 ACT
Derivation

Revised Statutes and
Statutes at Large

U.S. Code

..................

2 U.S.C. 129.

..................

5 U.S.C. 2254.

July 1, 1957, Pub. L. 85–75,
§ 101 (proviso on p. 248), 71
Stat. 248.
July 31, 1956, ch. 804, § 401
‘‘Sec. 4’’, 70 Stat. 747.
June 29, 1957, Pub. L. 85–65,
§ 1, 71 Stat. 209.
May 27, 1958, Pub. L. 85–426,
§ 214(b)
(words
before
comma), 72 Stat. 143.
Aug. 27, 1958, Pub. L. 85–772,
§ 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
8334(g)(4) ...

Source (U.S. Code)
5 App.: 2254(g).

Source (Statutes at Large)
Nov. 2, 1966, Pub. L. 89–702,
§ 208(c), 80 Stat. 1096.

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 (§ 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. Title II of the Social Security Act is classified generally to subchapter II (§ 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.

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TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

The Economic Opportunity Act of 1964, referred to in
subsec. (l)(1), is Pub. L. 88–452, Aug. 20, 1964, 78 Stat. 508.
Title VIII of the Act probably means title VIII of Pub.
L. 88–452 as added by Pub. L. 89–794, title VIII, § 801,
Nov. 8, 1966, 80 Stat. 1472, and generally revised and
amended by Pub. L. 90–222, title I, § 110, Dec. 23, 1967, 81
Stat. 722, which was classified generally to subchapter
VIII (§ 2991 et seq.) of chapter 34 of Title 42, prior to its
repeal by Pub. L. 93–113, title VI, § 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,
§ 110, which was classified generally to part A (§ 2992 et
seq.) of subchapter VIII of chapter 34 of Title 42, prior
to its repeal by Pub. L. 93–113, § 603. See sections 4951 et
seq. and 5055 of Title 42. For complete classification of
this Act to the Code, see Tables.
The Domestic Volunteer Service Act of 1973, referred
to in subsec. (l)(1), is Pub. L. 93–113, Oct. 1, 1973, 87 Stat.
394. Parts A and C of title I of the Act are classified
generally to parts A (§ 4951 et seq.) and C (§ 4991 et seq.),
respectively, of subchapter I of chapter 66 of Title 42,
The Public Health and Welfare. Part B of title I of the
Act, which was classified generally to part B (§ 4971 et
seq.) of subchapter I of chapter 66 of Title 42, was repealed by Pub. L. 111–13, title II, § 2121, Apr. 21, 2009, 123
Stat. 1584. For complete classification of this Act to
the Code, see Short Title note set out under section
4950 of Title 42 and Tables.
The Peace Corps Act, referred to in subsec. (l)(1), is
Pub. L. 87–293, Sept. 22, 1961, 75 Stat. 612, which is classified principally to chapter 34 (§ 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.
AMENDMENTS
2009—Subsec. (d)(2)(A)(i). Pub. L. 111–84 substituted
‘‘March 1, 1991’’ for ‘‘October 1, 1990’’ in two places.
2007—Subsec. (a)(1)(A). Pub. L. 110–161, § 535(a)(2)(A),
substituted ‘‘nuclear materials courier, or customs and
border protection officer,’’ for ‘‘or nuclear materials
courier,’’.
Subsec. (c). Pub. L. 110–161, § 535(a)(2)(B), inserted
table relating to customs and border protection officer.
2006—Subsec. (a)(1)(B)(ii). Pub. L. 109–435 added cl. (ii)
and struck out former cl. (ii) which read as follows: ‘‘In
the case of an employee of the United States Postal
Service, the amount to be contributed under this subparagraph shall (instead of the amount described in
clause (i)) be equal to the product derived by multiplying the employee’s basic pay by the percentage equal
to—
‘‘(I) the normal-cost percentage for the applicable
employee category listed in subparagraph (A), minus
‘‘(II) the percentage deduction rate that applies
with respect to such employee under subparagraph
(A).’’
2003—Subsec. (a)(1). Pub. L. 108–18, § 2(b)(1), designated first sentence as subpar. (A), designated second
and third sentences as subpar. (B)(i), substituted ‘‘Except as provided in clause (ii), an equal’’ for ‘‘An equal’’
in subpar. (B)(i), and added subpar. (B)(ii).
Subsec. (k)(1)(A). Pub. L. 108–18, § 2(b)(2)(A), substituted ‘‘subsection (a)(1)(A)’’ for ‘‘the first sentence of
subsection (a)(1) of this section’’.
Subsec. (k)(1)(B). Pub. L. 108–18, § 2(b)(2)(B), substituted ‘‘subparagraph (B) of subsection (a)(1)’’ for
‘‘the second sentence of subsection (a)(1) of this section’’ and ‘‘such subparagraph’’ for ‘‘such sentence’’.
Subsec. (k)(2)(C)(iii). Pub. L. 108–18, § 2(b)(2)(C), substituted ‘‘subsection (a)(1)(A)’’ for ‘‘the first sentence of
subsection (a)(1)’’.
2001—Subsec. (n). Pub. L. 107–107 added subsec. (n).
2000—Subsec. (a)(1). Pub. L. 106–553, § 1(a)(2) [title III,
§ 308(b)(1)(A)], inserted ‘‘member of the Supreme Court
Police,’’ after ‘‘member of the Capitol Police,’’.
Subsec. (c). Pub. L. 106–553, § 1(a)(2) [title III,
§ 308(b)(1)(B)], in table relating to law enforcement offi-

§ 8334

cer 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, § 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, § 3154(c)(2), inserted table
relating to nuclear materials courier.
1997—Subsec. (a)(1). Pub. L. 105–33, § 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, 71⁄2 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, § 7001(a)(3)(B)(ix), inserted
table relating to member of the Capitol Police.
Pub. L. 105–33, § 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, § 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, § 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, § 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, § 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, § 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, § 7001(a)(4)(A)(i), inserted ‘‘and subject to paragraph (5),’’ after ‘‘Except as
provided in subparagraph (B),’’.

§ 8334

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

Subsec. (j)(5). Pub. L. 105–33, § 7001(a)(4)(A)(ii), added
par. (5).
Subsec. (l)(1). Pub. L. 105–33, § 7001(a)(4)(B)(i), inserted
at end ‘‘This paragraph shall be subject to paragraph
(4).’’
Subsec. (l)(4). Pub. L. 105–33, § 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, § 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, § 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, § 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, § 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, § 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, § 371(a)(2)(A), added subsec.
(l).
1992—Subsec. (a)(1). Pub. L. 102–572, § 902(b)(2), substituted ‘‘Court of Federal Claims’’ for ‘‘Claims Court’’.
Subsec. (c). Pub. L. 102–572, § 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, § 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, § 306(c)(2)(A), inserted ‘‘a Claims Court Judge,’’ after ‘‘Member,’’.
Subsec. (c). Pub. L. 101–650, § 306(c)(2)(B), inserted
table covering percentages of pay and service periods
for a Claims Court Judge.
Subsec. (d). Pub. L. 101–508, § 7001(b)(1), designated existing provisions as par. (1) and added par. (2).
Subsec. (e)(1), (2). Pub. L. 101–508, § 7001(b)(2)(A), substituted ‘‘(d)(1),’’ for ‘‘(d),’’.
Subsec. (f). Pub. L. 101–508, § 7001(b)(2)(B), substituted
‘‘(d)(1)’’ for ‘‘(d)’’.
Subsec. (h). Pub. L. 101–508, § 7001(b)(2)(A), substituted
‘‘(d)(1),’’ for ‘‘(d),’’.
Subsec. (i)(5). Pub. L. 101–650, § 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, § 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, § 108(b)(1), added par.
(4).

Page 794

1987—Subsec. (a)(1). Pub. L. 100–53, § 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, § 2(b)(2), inserted table covering percentages of basic pay and service periods for
United States magistrates.
1986—Subsec. (c). Pub. L. 99–335, § 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, § 201(a)(2)(A), substituted ‘‘(j), or (k)’’ for ‘‘or (j)’’.
Subsec. (f). Pub. L. 99–335, § 201(a)(2)(B), inserted ‘‘or
(k)’’ after ‘‘subsection (a)’’.
Subsec. (h). Pub. L. 99–335, § 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, § 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, § 116(b)(1), inserted
‘‘and a bankruptcy judge’’.
Subsec. (c). Pub. L. 98–353, § 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, § 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, § 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, § 1257, substituted ‘‘October 1, 1983’’ for ‘‘October 1, 1982’’.
1982—Subsec. (e). Pub. L. 97–253, § 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, § 3(c), substituted ‘‘the
preceding fiscal year’’ for ‘‘the preceding calendar
year’’ and ‘‘during such fiscal year’’ for ‘‘during such
calendar year’’.

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TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

Subsec. (g)(2). Pub. L. 97–253, § 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, § 3(d), inserted reference to
subsec. (j).
Subsec. (i). Pub. L. 97–164 added subsec. (i).
Subsec. (j). Pub. L. 97–253, § 306(d), added subsec. (j).
Subsec. (j)(1). Pub. L. 97–346, § 3(a), substituted ‘‘period’’ for ‘‘month’’.
Pub. L. 97–346, § 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, § 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, § 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, § 3(a), inserted ‘‘a
law enforcement officer, and a firefighter,’’ after ‘‘Congressional employee,’’.
Subsec. (c). Pub. L. 93–350, § 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, § 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 71⁄2 percent deduction from basic pay of a Congressional employee.
Subsec. (a)(2). Pub. L. 91–93, § 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, § 102(a)(2), substituted service period Nov. 1, 1956, to Dec. 31, 1969, for prior service
period after Oct. 31, 1956, for deductions of 61⁄2 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
71⁄2 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, § 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.

§ 8334

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.
EFFECTIVE DATE OF 2009 AMENDMENT
Pub. L. 111–84, div. A, title XIX, § 1902(b), Oct. 28, 2009,
123 Stat. 2615, provided that: ‘‘The amendment made by
subsection (a) [amending this section] shall be effective
with respect to any annuity, entitlement to which is
based on a separation from service occurring on or
after the date of enactment of this Act [Oct. 28, 2009].’’
EFFECTIVE DATE OF 2007 AMENDMENT; TRANSITION
RULES
Amendment by Pub. L. 110–161 effective on the later
of June 30, 2008, or the first day of the first pay period
beginning at least 6 months after Dec. 26, 2007, with
transition rules and rights of election, see section 535(e)
of Pub. L. 110–161, set out as a note under section 3307
of this title.
EFFECTIVE DATE OF 2006 AMENDMENT
Pub. L. 109–435, title VIII, § 805, Dec. 20, 2006, 120 Stat.
3253, provided that:
‘‘(a) IN GENERAL.—Except as provided under subsection (b), this title [see Short Title of 2006 Amendment note set out under section 101 of this title] shall
take effect on October 1, 2006.
‘‘(b) TERMINATION OF EMPLOYER CONTRIBUTION.—The
amendment made by paragraph (1) of section 802(a)
[amending this section] shall take effect on the first
day of the first pay period beginning on or after October 1, 2006.’’
EFFECTIVE DATE OF 2003 AMENDMENT
Pub. L. 108–18, § 4, Apr. 23, 2003, 117 Stat. 630, provided
that: ‘‘This Act [see section 1 of Pub. L. 108–18, set out
as a Short Title of 2003 Amendments note under section
101 of this title] and the amendments made by this Act
shall become effective on the date of the enactment of
this Act [Apr. 23, 2003], except that the amendments
made by section 2(b) [amending this section] shall
apply with respect to pay periods beginning on or after
such date.’’
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, § 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, § 101(a) [title V, § 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,

§ 8334

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

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

Page 796

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, § 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

Page 797

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

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, § 101(a) [title V, § 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

§ 8334

(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, § 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.—
GENERAL.—Notwithstanding
section
‘‘(A)
IN
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 Dis-

§ 8335

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

ability 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

Page 798

Pub. L. 90–486, set out as a note under section 709 of
Title 32, National Guard.

§ 8335. Mandatory separation
(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(e), 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.
For purposes of this subsection, the term ‘‘air
traffic controller’’ or ‘‘controller’’ has the meaning given to it under section 8331(29)(A).1
(b)(1) A law enforcement officer, firefighter,
nuclear materials courier, or customs and border protection 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, 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.
(2) In the case of employees of the Federal Bureau of Investigation, the second sentence of
paragraph (1) shall be applied by substituting
‘‘65 years of age’’ for ‘‘60 years of age’’. The authority to grant exemptions in accordance with
the preceding sentence shall cease to be available after December 31, 2011.
(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
1 See

References in Text note below.

§ 831.302

5 CFR Ch. I (1–1–12 Edition)
ited (plus interest) for the period of
noncontributory service.
(b) Periods of service for which refunded deductions have not been redeposited, and periods of civilian service performed on or after October 1, 1982, for
which retirement deductions have not
been taken. Except as provided in paragraph (c) of this section, a period of
service for which refunded deductions
have not been redeposited, and a period
of creditable civilian service performed
by an employee or Member on or after
October 1, 1982, for which retirement
deductions have not been taken, shall
be included in determining length of
service to compute the annuity under
subchapter III of chapter 83 of title 5,
United States Code, only if—
(1) The employee or Member subsequently becomes eligible for an annuity payable under subchapter III of
chapter 83 of title 5, United States
Code; and
(2) The employee, Member, or survivor makes a deposit (or redeposit) for
the full period of service. If more than
one distinct period of service is covered
by a single refund, the periods of service covered by that refund are considered to be single full periods of service.
However, in all other instances, a distinct period of nondeduction civilian
service (i.e., a period of nondeduction
service that is not interrupted by a
break in service of more than three
days) and a distinct period of redeposit
civilian service (i.e., a period of redeposit service that is not interrupted by
a break in service of more than three
days) are considered as separate full
periods of service, even when they are
immediately consecutive. A period of
nondeduction service which begins before October 1, 1982, and ends on or
after that date is also considered two
full periods of service: one ending on
September 30, 1982, and the other beginning on October 1, 1982.
(c)(1) An employee or Member who
has not completed payment of a redeposit for refunded deductions based on
a period of service that ended before
October 1, 1990, will receive credit for
that service in computing the nondisability annuity for which the individual is eligible under subchapter III
of chapter 83 of title 5, United States

§ 831.302 Unused sick leave.
(a) For annuity computation purposes, the service of an employee who
retires on immediate annuity or dies
leaving a survivor entitled to annuity
is increased by the days of unused sick
leave to his credit under a formal leave
system.
(b) An immediate annuity is one
which begins to accrue not later than 1
month after the employee is separated.
(c) A formal leave system is one
which is provided by law or regulation
or operates under written rules specifying a group or class of employees to
which it applies and the rate at which
sick leave is earned.
(d) In general, 8 hours of unused sick
leave increases total services by 1 day.
In cases where more or less than 8
hours of sick leave would be charged
for a day’s absence, total service is increased by the number of days in the
period between the date of separation
and the date that the unused sick leave
would have expired had the employee
used it (except that holidays falling
within the period are treated as work
days, and no additional leave credit is
earned for that period).
(e) If an employee’s tour of duty
changes from part time to full time or
full time to part time within 180 days
before retirement, the credit for unused sick leave is computed as though
no change had occurred.
[34 FR 17617, Oct. 31, 1969]

§ 831.303 Civilian service.
(a) Periods of civilian service performed
before October 1, 1982, for which retirement deductions have not been taken. Periods of creditable civilian service performed by an employee or Member
after July 31, 1920, but before October 1,
1982, for which retirement deductions
have not been taken shall be included
in determining length of service to
compute annuity under subchapter III
of chapter 83 of title 5, United States
Code; however, if the employee, Member, or survivor does not elect either to
complete the deposit describes by section 8334(c) of title 5, United States
Code, or to eliminate the service from
annuity computation, his or her annuity is reduced by 10 percent of the
amount which should have been depos-

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TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

‘‘(3) after service described in paragraph (2), becomes subject to and thereafter entitled to benefits
under chapter 84 of title 5, United States Code,
shall, for purposes of section 302 of the Federal Employees’ Retirement System Act of 1986 [Pub. L. 99–335] (100
Stat. 601; 5 U.S.C. 8331 note) be considered to have become subject to chapter 84 of title 5, United States
Code, pursuant to an election under section 301 of such
Act [5 U.S.C. 8331 note].’’

§ 8403. Relationship to the Social Security Act
Except as otherwise provided in this chapter,
the benefits payable under the System are in addition to the benefits payable under the Social
Security Act.
(Added Pub. L. 99–335, title I, § 101(a), June 6,
1986, 100 Stat. 522.)
REFERENCES IN TEXT
The Social Security Act, referred to in text, is act
Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended, which is
classified generally to chapter 7 (§ 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.

SUBCHAPTER II—BASIC ANNUITY
§ 8410. Eligibility for annuity
Notwithstanding any other provision of this
chapter, an employee or Member must complete
at least 5 years of civilian service creditable
under section 8411 in order to be eligible for an
annuity under this subchapter.
(Added Pub. L. 99–335, title I, § 101(a), June 6,
1986, 100 Stat. 522.)
§ 8411. Creditable service
(a)(1) 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.
(2) Credit may not be allowed for a period of
separation from the service in excess of 3 calendar days.
(b) For the purpose of this chapter, creditable
service of an employee or Member includes—
(1) employment as an employee, and any
service as a Member (including the period
from the date of the beginning of the term for
which elected or appointed to the date of taking office as a Member), after December 31,
1986;
(2) except as provided in subsection (f), service with respect to which deductions and withholdings under section 204(a)(1) of the Federal
Employees’ Retirement Contribution Temporary Adjustment Act of 1983 have been
made;
(3) except as provided in subsection (f) or (h),
any civilian service (performed before January
1, 1989, other than any service under paragraph
(1) or (2)) which, but for the amendments made
by subsections (a)(4) and (b) of section 202 of
the Federal Employees’ Retirement System
Act of 1986, would be creditable under subchapter III of chapter 83 of this title (determined without regard to any deposit or redeposit requirement under such subchapter, any
requirement that the individual become subject to such subchapter after performing the

§ 8411

service involved, or any requirement that the
individual give notice in writing to the official
by whom such individual is paid of such individual’s desire to become subject to such subchapter);
(4) a period of service (other than any service under any other paragraph of this subsection and other than any military service)
that was creditable under the Foreign Service
Pension System described in subchapter II of
chapter 8 1 of the Foreign Service Act of 1980,
if the employee or Member waives credit for
such service under the Foreign Service Pension System and makes a payment to the
Fund equal to the amount that would have
been deducted from pay under section 8422(a)
had the employee been subject to this chapter
during such period of service (together with
interest on such amount computed under paragraphs (2) and (3) of section 8334(e));
(5) a period of service (other than any service under any other paragraph of this subsection, any military service, and any service
performed in the employ of a Federal Reserve
Bank) that was creditable under the Bank
Plan (as defined in subsection (i)), if the employee waives credit for such service under the
Bank Plan and makes a payment to the Fund
equal to the amount that would have been deducted from pay under section 8422(a) had the
employee been subject to this chapter during
such period of service (together with interest
on such amount computed under paragraphs
(2) and (3) of section 8334(e)); and
(6) 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 otherwise creditable, if the
individual elects (in accordance with regulations prescribed by the Office) to have such
service credited under this paragraph.
Paragraph (5) shall not apply in the case of any
employee as to whom subsection (g) (or, to the
extent subchapter III of chapter 83 is involved,
section 8332(n)) otherwise applies.
(c)(1) Except as provided in paragraphs (2), (3),
and (5), an employee or Member shall be allowed
credit for—
(A) each period of military service performed before January 1, 1957; and
(B) each period of military service performed
after December 31, 1956, and before the separation on which title to annuity is based, if a deposit (including interest, if any) is made with
respect to such period in accordance with section 8422(e).
(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
1 See

References in Text note below.

§ 8411

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

(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) An employee or Member who has made a
deposit under section 8334(j) (or a similar prior
provision of law) with respect to a period of
military service, and who has not taken a refund
of such deposit—
(A) shall be allowed credit for such service
without regard to the deposit requirement
under paragraph (1)(B); and
(B) shall be entitled, upon filing appropriate
application therefor with the Office, to a refund equal to the difference between—
(i) the amount deposited with respect to
such period under such section 8334(j) (or
prior provision), excluding interest; and
(ii) the amount which would otherwise
have been required with respect to such period under paragraph (1)(B).
(4)(A) Notwithstanding paragraph (2), 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) or under paragraph (3). In carrying out this subparagraph, any amount deposited under section 8422(e)(5) 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.
(5) 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 chapter 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

Page 878

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) Credit under this chapter 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. 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 on leave of absence without pay for
that part of the period in which that individual
was receiving benefits under subchapter I of
chapter 81. 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.
(e) Credit shall be allowed for periods of approved leave without pay granted an employee
to serve as a full-time officer or employee of an
organization composed primarily of employees
(as defined by section 8331(1) or 8401(11)), subject
to the employee arranging to pay, through the
employee’s employing agency, within 60 days
after commencement of such leave without pay,
amounts equal to the retirement deductions and
agency contributions which would be applicable
under sections 8422(a) and 8423(a), respectively,
if the employee were in pay status. If the election and all payments provided by this subsection are not made, the employee may not receive credit for the periods of leave without pay,
notwithstanding the third sentence of subsection (d).
(f)(1) An employee or Member who has received a refund of retirement deductions under
subchapter III of chapter 83 with respect to any
service described in subsection (b)(2) or (b)(3)
may not be allowed credit for such service under
this chapter unless such employee or Member
deposits an amount equal to 1.3 percent of basic
pay for such service, with interest. A deposit
under this paragraph may be made only with respect to a refund received pursuant to an application filed with the Office before the date on
which the employee or Member first becomes
subject to this chapter.
(2) An employee or Member may not be allowed credit under this chapter for any service
described in subsection (b)(3) for which retirement deductions under subchapter III of chapter
83 have not been made, unless such employee or
Member deposits an amount equal to 1.3 percent
of basic pay for such service, with interest.
(3) Interest under paragraph (1) or (2) shall be
computed in accordance with paragraphs (2) and
(3) of section 8334(e) and regulations prescribed
by the Office.
(4) For the purpose of survivor annuities, deposits authorized by the preceding provisions of
this subsection may also be made by a survivor
of an employee or Member.
(g) Any employee who—
(1) served in a position in which the employee was excluded from coverage under this
subchapter because the employee was covered

Page 879

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

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.
(h) An employee or Member shall be allowed
credit for 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,1 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 performed at any time prior to the
separation on which the entitlement to any annuity under this subchapter is based if the employee or Member has made a deposit with interest, if any, with respect to such service under
section 8422(f).
(i) 2 For purposes of subsection (b)(5), the term
‘‘Bank Plan’’ means the benefit structure in
which employees of the Board of Governors of
the Federal Reserve System appointed on or
after January 1, 1984, participate, which benefit
structure is a component of the Retirement
Plan for Employees of the Federal Reserve System, established under section 10 of the Federal
Reserve Act (and any redesignated or successor
version of such benefit structure, if so identified
in writing by the Board of Governors of the Federal Reserve System for purposes of this chapter).
(i)(1) 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
acquired 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 deposits to the Fund an
amount equal to 1.3 percent of the base pay for
such service, with interest.
(2) The Office shall accept the certification of
the President of the Senate (or the President’s
designee) or the Speaker of the House of Representatives (or the Speaker’s designee), as the
2 So

in original. Two subsecs. (i) have been enacted.

§ 8411

case may be, 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.
(3) An individual shall not be granted credit
for such service under this subsection if eligible
for credit under section 8332(m) for such service.
(k)(1) 3 The Office of Personnel Management
shall accept, for the purposes of this chapter,
the certification of the head of a nonappropriated fund instrumentality of the United States
concerning service of the type described in subsection (b)(6) that was performed for such nonappropriated fund instrumentality.
(2) Service credited under subsection (b)(6)
may not also be credited under any other retirement system provided for employees paid from
nonappropriated funds of a nonappropriated
fund instrumentality.
(l)(1) Notwithstanding any other provision of
this chapter, the service of an individual finally
convicted of an offense described in paragraph
(2) shall not be taken into account for purposes
of this chapter, except that this sentence applies
only to service rendered as a Member (irrespective of when rendered). Any such individual (or
other person determined under section 8424(d), if
applicable) shall be entitled to be paid so much
of such individual’s lump-sum credit as is attributable to service to which the preceding sentence applies.
(2) An offense described in this paragraph is
any offense described in section 8332(o)(2)(B) for
which the following apply:
(A) Every act or omission of the individual
(referred to in paragraph (1)) that is needed to
satisfy the elements of the offense occurs
while the individual is a Member.
(B) Every act or omission of the individual
that is needed to satisfy the elements of the
offense directly relates to the performance of
the individual’s official duties as a Member.
(C) The offense is committed after the date
of enactment of this subsection.
(3) An individual convicted of an offense described in paragraph (2) shall not, after the date
of the final conviction, be eligible to participate
in the retirement system under this chapter
while serving as a Member.
(4) The Office of Personnel Management shall
prescribe any regulations necessary to carry out
this subsection. Such regulations shall include—
(A) provisions under which interest on any
lump-sum payment under the second sentence
of paragraph (1) shall be limited in a manner
similar to that specified in the last sentence of
section 8316(b); and
(B) provisions under which the Office may
provide for—
(i) the payment, to the spouse or children
of any individual referred to in the first sentence of paragraph (1), of any amounts which
(but for this clause) would otherwise have
been nonpayable by reason of such first sentence, subject to paragraph (5); and
(ii) an appropriate adjustment in the
amount of any lump-sum payment under the
second sentence of paragraph (1) to reflect
the application of clause (i).
3 So

in original. No subsec. (j) has been enacted.

§ 8411

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

(5) Regulations to carry out clause (i) of paragraph (4)(B) shall include provisions to ensure
that the authority to make any payment under
such clause to the spouse or children of an individual shall be available only to the extent that
the application of such clause is considered necessary and appropriate taking into account the
totality of the circumstances, including the financial needs of the spouse or children, whether
the spouse or children participated in an offense
described in paragraph (2) of which such individual was finally convicted, and what measures, if
any, may be necessary to ensure that the convicted individual does not benefit from any such
payment.
(6) For purposes of this subsection—
(A) the terms ‘‘finally convicted’’ and ‘‘final
conviction’’ refer to a conviction (i) which has
not been appealed and is no longer appealable
because the time for taking an appeal has expired, or (ii) which has been appealed and the
appeals process for which is completed;
(B) the term ‘‘Member’’ has the meaning
given such term by section 2106, notwithstanding section 8401(20); and
(C) the term ‘‘child’’ has the meaning given
such term by section 8441.
(Added Pub. L. 99–335, title I, § 101(a), June 6,
1986, 100 Stat. 522; amended Pub. L. 99–556, title
I, § 103, title V, § 502(b), Oct. 27, 1986, 100 Stat.
3131, 3140; Pub. L. 100–238, title I, §§ 104(b), 105(a),
Jan. 8, 1988, 101 Stat. 1746; Pub. L. 102–83, § 5(c)(2),
Aug. 6, 1991, 105 Stat. 406; Pub. L. 102–242, title
IV, § 466(b), Dec. 19, 1991, 105 Stat. 2385; Pub. L.
103–82, title III, § 371(b)(1), Sept. 21, 1993, 107 Stat.
910; Pub. L. 103–337, div. A, title XVI, § 1677(a)(3),
Oct. 5, 1994, 108 Stat. 3019; Pub. L. 104–201, div. A,
title VI, § 637(b), Sept. 23, 1996, 110 Stat. 2580;
Pub. L. 106–168, title II, § 202(a), Dec. 12, 1999, 113
Stat. 1817; Pub. L. 106–554, § 1(a)(4) [div. A,
§ 901(a)(2)], Dec. 21, 2000, 114 Stat. 2763, 2763A–196;
Pub. L. 107–107, div. A, title XI, § 1132(b)(1), Dec.
28, 2001, 115 Stat. 1243; Pub. L. 110–81, title IV,
§ 401(b), Sept. 14, 2007, 121 Stat. 756.)
REFERENCES IN TEXT
Section 204(a)(1) of the Federal Employees’ Retirement Contribution Temporary Adjustment Act of 1983
[Pub. L. 98–168], referred to in subsec. (b)(2), is set out
as a note under section 8331 of this title.
Subsections (a)(4) and (b) of section 202 of the Federal
Employees’ Retirement System Act of 1986 [Pub. L.
99–335], referred to in subsec. (b)(3), amended section
8331(1) and (2) of this title.
The Foreign Service Act of 1980, referred to in subsec.
(b)(4), is Pub. L. 96–465, Oct. 17, 1980, 94 Stat. 2071. Subchapter II of chapter 8 of the Act probably means subchapter II of chapter 8 of title I of the Act which is
classified generally to part II (§ 4071 et seq.) of subchapter VIII of chapter 52 of Title 22, Foreign Relations
and Intercourse. For complete classification of this Act
to the Code, see Short Title note set out under section
3901 of Title 22 and Tables.
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
(§ 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
(§ 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.

Page 880

Section 10 of the Federal Reserve Act, referred to in
subsecs. (g) and (i), is section 10 of act Dec. 23, 1913, ch.
6, 38 Stat. 260. For classification of section 10 to the
Code, see Codification note set out under section 241 of
Title 12, Banks and Banking, and Tables.
The Economic Opportunity Act of 1964, referred to in
subsec. (h), is Pub. L. 88–452, Aug. 20, 1964, 73 Stat. 508.
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, § 110,
Dec. 23, 1967, 81 Stat. 722, which was classified generally
to part A (§ 2992 et seq.) of subchapter VIII of chapter
34 of Title 42, The Public Health and Welfare, prior to
its repeal by Pub. L. 93–113, title VI, § 603, Oct. 1, 1973,
87 Stat. 417. See sections 4951 et seq. and 5055 of Title
42.
The Domestic Volunteer Service Act of 1973, referred
to in subsec. (h), is Pub. L. 93–113, Oct. 1, 1973, 87 Stat.
394. Parts A and C of title I of the Act are classified
generally to parts A (§ 4951 et seq.) and C (§ 4991 et seq.),
respectively, of subchapter I of chapter 66 of Title 42,
The Public Health and Welfare. Part B of title I of the
Act, which was classified generally to part B (§ 4971 et
seq.) of subchapter I of chapter 66 of Title 42, was repealed by Pub. L. 111–13, title II, § 2121, Apr. 21, 2009, 123
Stat. 1584. For complete classification of this Act to
the Code, see Short Title note set out under section
4950 of Title 42 and Tables.
The Peace Corps Act, referred to in subsec. (h), is
Pub. L. 87–293, Sept. 22, 1961, 75 Stat. 612, which is classified principally to chapter 34 (§ 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.
The date of enactment of this paragraph, referred to
in subsec. (i)(1), is the date of enactment of Pub. L.
106–554, which was approved Dec. 21, 2000.
The date of enactment of this subsection, referred to
in subsec. (l)(2)(C), is the date of enactment of Pub. L.
110–81, which was approved Sept. 14, 2007.
AMENDMENTS
2007—Subsec. (l). Pub. L. 110–81 added subsec. (l).
2001—Subsec. (b)(6). Pub. L. 107–107, § 1132(b)(1)(A),
added par. (6).
Subsec. (k). Pub. L. 107–107, § 1132(b)(1)(B), added subsec. (k).
2000—Subsec. (i). Pub. L. 106–554 added subsec. (i) relating to credit for service as congressional employee
for certain service before Dec. 31, 1990.
1999—Subsec. (b). Pub. L. 106–168, § 202(a)(1), in par. (3),
struck out ‘‘and’’ at end, in par. (4), substituted ‘‘other
paragraph’’ for ‘‘of the preceding provisions’’ and
‘‘; and’’ for period at end, and added par. (5) and concluding provisions.
Subsec. (i). Pub. L. 106–168, § 202(a)(2), added subsec. (i)
defining ‘‘Bank Plan’’ for purposes of subsec. (b)(5).
1996—Subsec. (c)(1). Pub. L. 104–201, § 637(b)(2), in introductory provisions, substituted ‘‘Except as provided
in paragraphs (2), (3), and (5)’’ for ‘‘Except as provided
in paragraph (2) or (3)’’.
Subsec. (c)(5). Pub. L. 104–201, § 637(b)(1), added par.
(5).
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. (b)(3). Pub. L. 103–82, § 371(b)(1)(A), substituted ‘‘subsection (f) or (h)’’ for ‘‘subsection (f)’’.
Subsec. (h). Pub. L. 103–82, § 371(b)(1)(B), added subsec.
(h).
1991—Subsec. (c)(2)(A)(ii). Pub. L. 102–83 substituted
‘‘section 1101 of title 38’’ for ‘‘section 301 of title 38’’.
Subsec. (g). Pub. L. 102–242 added subsec. (g).
1988—Subsec. (c)(4)(A). Pub. L. 100–238, § 104(b), substituted ‘‘section 8422(e)(5)’’ for ‘‘subsection (f)(4)’’ in
concluding provisions.
Subsec. (f)(1). Pub. L. 100–238, § 105(a), inserted at end
‘‘A deposit under this paragraph may be made only
with respect to a refund received pursuant to an appli-

Page 881

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

cation filed with the Office before the date on which
the employee or Member first becomes subject to this
chapter.’’
1986—Subsec. (b)(2). Pub. L. 99–556, § 103(1), inserted
‘‘except as provided in subsection (f),’’.
Subsec. (c)(4). Pub. L. 99–556, § 502(b), added par. (4).
Subsec. (f)(1). Pub. L. 99–556, § 103(2), inserted ‘‘(b)(2)
or’’.
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 1999 AMENDMENT
Amendment by Pub. L. 106–168 effective Dec. 12, 1999,
and applicable only to individuals who separate from
service subject to chapter 84 of this title on or after
Dec. 12, 1999, see section 202(d) of Pub. L. 106–168, set
out as a note under section 8402 of this title.
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by Pub. L. 104–201 effective Jan. 1, 1997,
see section 637(c) of Pub. L. 104–201, set out as a note
under section 8332 of this title.
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
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 before, on, or after Oct. 1, 1993, subject to
rule relating to annuities based on earlier separations,
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.
EFFECTIVE DATE OF 1991 AMENDMENT
Amendment by Pub. L. 102–242 applicable with respect to any individual who transfers to a position in
which he or she is subject to subchapter III of chapter
83 of this title or chapter 84 of this title, on or after
Oct. 1, 1991, see section 466(c) of Pub. L. 102–242, set out
as a note under section 8332 of this title.
EFFECTIVE DATE OF 1986 AMENDMENT
Amendment by section 502(b) of Pub. L. 99–556 applicable to a survivor of an employee or member who dies
on or after the 180th day after Oct. 27, 1986, and to other
survivors upon application, see section 502(c) of Pub. L.
99–556, set out as a note under section 8332 of this title.
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.
RETIREMENT CREDIT FOR CERTAIN GOVERNMENT
SERVICE PERFORMED ABROAD
Pub. L. 107–228, div. A, title III, § 321, Sept. 30, 2002, 116
Stat. 1380, provided that:
‘‘(a) RETIREMENT CREDIT FOR CERTAIN GOVERNMENT
SERVICE PERFORMED ABROAD.—Subject to subsection
(b)(1), credit under chapter 84 of title 5, United States
Code, shall be allowed for any service performed by an
individual if or to the extent that—

§ 8411

‘‘(1) it was performed by such individual—
‘‘(A) after December 31, 1988, and before May 24,
1998;
‘‘(B) at a United States diplomatic mission, consular post (other than a consular agency), or other
Foreign Service post abroad; and
‘‘(C) under a temporary appointment pursuant to
sections 309 and 311 of the Foreign Service Act of
1980 (22 U.S.C. 3949 and 3951);
‘‘(2) at the time of performing such service, such individual would have satisfied all eligibility requirements under regulations of the Department (as in effect on the date of the enactment of this Act [Sept.
30, 2002]) for a family member limited noncareer appointment (within the meaning of such regulations,
as in effect on such date of enactment), except that,
in applying this paragraph, an individual not employed by the Department while performing such
service shall be treated as if then so employed;
‘‘(3) such service would have been creditable under
section 8411(b)(3) of such title 5 if—
‘‘(A) the service had been performed before January 1, 1989; and
‘‘(B) the deposit requirements of section 8411(f) of
such title 5 had been met with respect to such service;
‘‘(4) such service would not otherwise be creditable
under the Federal Employees’ Retirement System or
any other retirement system for employees of the
United States Government (disregarding title II of
the Social Security Act [42 U.S.C. 401 et seq.]); and
‘‘(5) the total amount of service performed by such
individual (satisfying paragraphs (1) through (4)) is
not less than 90 days.
‘‘(b) REQUIREMENTS.—
‘‘(1) REQUIREMENTS OF THE INDIVIDUAL.—In order to
receive credit under chapter 84 of title 5, United
States Code, for any service described in subsection
(a), the individual who performed such service (or, if
deceased, any person who is or would be eligible for
a survivor annuity under the Federal Employees’ Retirement System based on the service of such individual)—
‘‘(A) shall file a written application with the Office of Personnel Management not later than 36
months after the effective date of the regulations
prescribed to carry out this section (as specified in
those regulations); and
‘‘(B) shall remit to the Office (for deposit in the
Treasury of the United States to the credit of the
Civil Service Retirement and Disability Fund) the
total amount that, under section 8422 of such title
5, should have been deducted from the basic pay of
such individual for such service if such service had
then been creditable under such chapter 84.
‘‘(2) GOVERNMENT CONTRIBUTIONS.—
‘‘(A) IN GENERAL.—In addition to any other payment that it is required to make under chapter 84
of title 5, United States Code, a department, agency, or other instrumentality of the United States
shall remit to the Office of Personnel Management
(for deposit in the Treasury of the United States to
the credit of the Fund) the amount described in
subparagraph (B).
‘‘(B) AMOUNT DESCRIBED.—The amount described
in this subparagraph is, with respect to a remittance under paragraph (1), the total amount of Government contributions that would, under section
8423 of title 5, United States Code, have been required of the instrumentality involved (to the extent that it was the employing entity during the
period of service to which such remittance relates)
in connection with such service.
‘‘(C) SPECIAL RULE.—If an amount cannot be remitted under this paragraph because an instrumentality has ceased to exist, such amount shall instead be treated as part of the supplemental liability referred to in section 8423(b)(1)(A) or (B) of title
5, United States Code (whichever would be appropriate).

§ 8412

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

‘‘(3) RELATED REQUIREMENTS.—Any remittance
under paragraph (1) or (2)—
‘‘(A) shall be made in such time, form, and manner as the Office of Personnel Management may by
regulation require; and
‘‘(B) shall be computed with interest (in accordance with section 8334(e) of title 5, United States
Code, and such requirements as the Office may by
regulation prescribe).
‘‘(4) NOTIFICATION AND ASSISTANCE REQUIREMENTS.—
‘‘(A) IN GENERAL.—The Office of Personnel Management shall take such action as may be necessary and appropriate to inform individuals entitled to have any service credited under this section,
or to have any annuity computed or recomputed
under this section, of their entitlement to such
credit, computation, or recomputation.
‘‘(B) ASSISTANCE TO INDIVIDUALS.—The Office
shall, on request, assist any individual referred to
in subparagraph (A) in obtaining from any department, agency, or other instrumentality of the
United States such information in the possession of
such instrumentality as may be necessary to verify
the entitlement of such individual to have any service credited, or to have any annuity computed or
recomputed, pursuant to this section.
‘‘(C) ASSISTANCE FROM INSTRUMENTALITIES.—Any
department, agency, or other instrumentality of
the United States that possesses any information
with respect to any service described in subsection
(a) shall, at the request of the Office, furnish such
information to the Office.
‘‘(c) DEFINITIONS.—In this section:
‘‘(1) ABROAD.—The term ‘abroad’ has the meaning
given such term under section 102 of the Foreign
Service Act of 1980 (22 U.S.C. 3902).
‘‘(2) BASIC PAY.—The term ‘basic pay’ has the meaning given such term under section 8401 of title 5,
United States Code.
‘‘(3) CIVIL SERVICE RETIREMENT AND DISABILITY
FUND.—The term ‘Civil Service Retirement and Disability Fund’ or ‘Fund’ means the Civil Service Retirement and Disability Fund under section 8348 of
title 5, United States Code.
‘‘(4) TEMPORARY APPOINTMENT.—The term ‘temporary appointment’ means an appointment that is
limited by its terms to a period of one year or less.
‘‘(d) RULE OF CONSTRUCTION.—Nothing in this section
shall be considered to permit or require the making of
any contributions to the Thrift Savings Fund that
would not otherwise have been permitted or required
had this section not been enacted.
‘‘(e) APPLICABILITY.—
‘‘(1) ANNUITIES COMMENCING ON OR AFTER EFFECTIVE
DATE OF IMPLEMENTING REGULATIONS.—An annuity or
survivor annuity—
‘‘(A) which is based on the service of an individual
who performed service described in subsection (a),
and
‘‘(B) which commences on or after the effective
date of the regulations prescribed to carry out this
section (as determined under subsection (b)(1)(A)),
shall (subject to subsection (b)(1)) be computed taking into account all service described in subsection
(a) that was performed by such individual.
‘‘(2) ANNUITIES WITH COMMENCEMENT DATE PRECEDING
EFFECTIVE DATE OF IMPLEMENTING REGULATIONS.—
‘‘(A) RECOMPUTATION CASES.—An annuity or survivor annuity—
‘‘(i) which is based on the service of an individual who performed service described in subsection
(a), and
‘‘(ii) which commences before the effective date
referred to in paragraph (1)(B),
shall (subject to subsection (b)(1)) be recomputed
taking into account all service described in subsection (a) that was performed by such individual.
‘‘(B) OTHER CASES.—An annuity or survivor annuity—
‘‘(i) which is based on the service of an individual who performed service described in subsection
(a),

Page 882

‘‘(ii) the requirements for entitlement which
could not be met without taking into account
service described in subsection (a), and
‘‘(iii) which (if service described in subsection
(a) had been taken into account, and an appropriate application been submitted) would have
commenced before the effective date referred to
in paragraph (1)(B),
shall (subject to subsection (b)(1)) be computed taking into account all service described in subsection
(a) that was performed by such individual.
‘‘(C) RETROACTIVE EFFECT.—Any computation or
recomputation of an annuity or survivor annuity
pursuant to this paragraph shall—
‘‘(i) if pursuant to subparagraph (A), be effective as of the commencement date of the annuity
or survivor annuity involved; and
‘‘(ii) if pursuant to subparagraph (B), be effective as of the commencement date that would
have applied if application for the annuity or survivor annuity involved had been submitted on the
earliest date possible in order for it to have been
approved.
‘‘(D) LUMP-SUM PAYMENT.—Any amounts which by
virtue of subparagraph (C) are payable for any
months preceding the first month (on or after the
effective date referred to in paragraph (1)(B)) as of
which annuity or survivor annuity payments become payable fully reflecting the computation or
recomputation under subparagraph (A) or (B) (as
the case may be) shall be payable in the form of a
lump-sum payment.
‘‘(E) ORDER OF PRECEDENCE.—Section 8424(d) of
title 5, United States Code, shall apply in the case
of any payment under subparagraph (D) payable to
an individual who has died.
‘‘(f) IMPLEMENTATION.—The Office of Personnel Management, in consultation with the Secretary, shall prescribe such regulations and take such action as may be
necessary and appropriate to implement this section.’’
[For definitions of ‘‘Department’’ and ‘‘Secretary’’ as
used in section 321 of Pub. L. 107–228, set out above, see
section 3 of Pub. L. 107–228, set out as a note under section 2651 of Title 22, Foreign Relations and Intercourse.]

§ 8412. Immediate retirement
(a) An employee or Member who is separated
from the service after attaining the applicable
minimum retirement age under subsection (h)
and completing 30 years of service is entitled to
an annuity.
(b) An employee or Member who is separated
from the service after becoming 60 years of age
and completing 20 years of service is entitled to
an annuity.
(c) An employee or Member who is separated
from the service after becoming 62 years of age
and completing 5 years of service is entitled to
an annuity.
(d) An employee who is separated from the
service, except by removal for cause on charges
of misconduct or delinquency—
(1) after completing 25 years of service as a
law enforcement officer, member of the Capitol Police or Supreme Court Police, firefighter, nuclear materials courier, or customs
and border protection officer, or any combination of such service totaling at least 25 years,
or
(2) after becoming 50 years of age and completing 20 years of service as a law enforcement officer, member of the Capitol Police or
Supreme Court Police, firefighter, nuclear materials courier, or customs and border protection officer, or any combination of such service totaling at least 20 years,

§ 842.305
§ 842.305

5 CFR Ch. I (1–1–12 Edition)
Deposits for civilian service.

(a) Eligibility—current and former employees or Members. An employee or
Member subject to FERS and a former
employee or Member who is entitled to
an annuity may make a deposit for civilian service described under paragraphs (a)(2) and (a)(3) of § 842.304 upon
application to OPM in a form prescribed by OPM. A deposit for civilian
service cannot be made later than 30
days after the first regular monthly
payment as defined in § 842.602.
(b) Eligibility—survivors. If an employee or Member was, at the time of
death, eligible to make a deposit, the
employee’s survivor may make the deposit for civilian service. A deposit
under this paragraph cannot be made
after adjudication of the survivor’s application for benefits becomes final,
which is 30 days after the date of
OPM’s notice to the survivor of the annuity rates with and without making
the deposit.
(c) Distinct period of service. A deposit
is not considered to have been made for
any distinct period of service unless
the total amount due for the period is
paid in full. A distinct period of civilian service for this purpose is a period
of civilian service that is not interrupted by a break in service of more
than 3 days.
(d) Amount of deposits. The amount of
a deposit for a period of service under
§ 842.304(a)(2) equals 1.3 percent of the
basic pay for the service, plus interest.
The amount of a deposit for a period of
service under § 842.304(a)(3) equals the
amount that would have been deducted
from pay under 5 U.S.C. 8422(a) had the
employee been subject to FERS during
the service, plus interest.
(e) Interest. (1) Interest is charged at
the rate of 4 percent a year through
December 31, 1947; 3 percent a year beginning January 1, 1948, through December 31, 1984; and thereafter at a rate
as determined by the Secretary of the
Treasury for each calendar year that
equals the overall average yield to the
Civil Service Retirement and Disability Fund (the Fund) during the preceding fiscal year from all obligations
purchased by the Secretary during
such fiscal year under 5 U.S.C. 8348 (c),
(d), and (e).

(2) The computation of interest is on
the basis of 30 days to the month. Interest is computed for the actual calendar time involved in each case; but,
whenever applicable, the rule of average applies.
(3) Interest is computed from the
midpoint of each service period included in the computation. The interest accrues annually on the outstanding portion, and is compounded
annually, until the portion is deposited. Interest is not charged after the
commencing date of annuity or for a
period of separation from the service
that began before October 1, 1956.
(f) Forms of deposit. Deposits may be
made in a single lump sum or in installments not smaller than $50 each.
(g) Cadet Nurse Corps. (1) Upon receiving an application for service credit
with the Cadet Nurse Corps, OPM will
determine whether all the conditions
for creditability (§ 842.304(b)) have been
met; compute the deposit, including interest; and advise the employing agency and the employee of the total
amount of the deposit due. The rate of
basic pay for this purpose is deemed to
be $15 per month for the first 9 months
of study; $20 per month for the 10th
through the 21st months of study; and
$30 per month for any month in excess
of 21 months. Interest is computed in
accordance with paragraph (e) of this
section.
(2) The employing agency must establish a deposit account showing the
total amount due and a payment schedule (unless deposit is made in one lump
sum) to record the date and amount of
each payment.
(3) If the individual cannot make
payment in one lump sum, the employing agency must accept installment
payments (by allotments or otherwise).
The employing agency, however, is not
required to accept individual checks in
amounts less than $50.
(4) Payments received by the employing agency must be remitted to OPM
immediately for deposit to the Civil
Service Retirement and Disability
Fund.
(5) Once the employee’s deposit has
been paid in full or closed out, the employing agency must submit the documentation pertaining to the deposit to

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Office of Personnel Management

§ 842.305

OPM in accordance with instructions
issued by OPM.
(h) Processing applications for pre-1969
National Guard technician service credit
for employees subject to FERS retirement
deductions after November 5, 1990—(1)
OPM determines creditable service. OPM
will determine whether all conditions
for crediting the additional service
have been met, compute the deposit,
and notify the employee of the amount
of and the procedures for submitting
the deposit payments to OPM to obtain
credit for the service.
(2) Computing the deposit. (i) For individuals who will not have a CSRS component, the deposit will be computed
based on—
(A) One and three tenths percent of
basic pay at the time the service was
performed; and
(B) Interest at the rate of 3 percent
per year computed as specified by section 8334(e)(2) of title 5, United States
Code, until the date the deposit is paid.
(ii) For individuals who will have a
CSRS component, the deposit will be
computed as specified in 5 CFR
831.306(c).
(i) Processing applications for pre-1969
National Guard technician service credit
for annuitants (and survivors) and for
former employees who separated after December 31, 1968, and before November 6,
1990—(1) OPM determines creditable service. OPM will determine whether all
conditions for crediting the additional
service have been met, compute the
amount of the deposit, and notify the
individual.
(2) Computing the deposit for annuitants and survivors. (i) For individuals
who do not have a CSRS component,
the deposit will be computed based
on—
(A) One and three tenths percent of
basic pay at the time the service was
performed; and
(B) Interest at the rate of 3 percent
per year as specified by section
8334(e)(2) of title 5, United States Code,
to the midpoint of the 24-month installment period, or if paid in a lump
sum, the date the deposit is paid.
(ii) For individuals who will have a
CSRS component, the deposit will be
computed as specified in 5 CFR
831.306(e)(2)(i) and (ii)(A).

(iii)(A) OPM will notify annuitants
and survivors of the amount of the deposit and give them a proposed installment schedule for paying the deposit
from monthly annuity payments. The
proposed installment payments will
consist of equal monthly payments
that will not exceed a period 24 months
from the date a complete written application is received by OPM.
(B) The annuitant or survivor may
allow the deposit installments to be deducted from his or her annuity as proposed or make payment in a lump sum
within 30 days from the date of the notice.
(C) Increased annuity payments will
begin to accrue the first day of the
month after OPM receives the complete written application.
(iv) If an annuitant dies before completing the deposit installment payments, the remaining installments will
be deducted as established for the annuitant from benefits payable to the
survivor annuitant (but not if the only
survivor benefit is payable to a child or
children of the deceased), if any. If no
survivor annuity is payable, OPM may
collect the balance of the deposit from
any lump sum benefits payable or from
the decedent’s estate, if any.
(3) Computing the deposit for former
Federal employees separated after December 31, 1968 but before November 6, 1990.
For former employees with title to a
deferred annuity that commences after
November 6, 1990, the deposit will be
computed as provided in paragraph
(i)(2) above, except that interest will be
computed through the commencing
date of annuity or the date the deposit
is paid, whichever comes first.
(j) Certain Government service performed abroad after December 31, 1988,
and before May 24, 1998—(1) Eligibilitycurrent and former employees, and retirees. A current or former employee, or a
retiree who performed certain Government service abroad described in
§ 842.304(e) may make a deposit for such
service, in a form prescribed by OPM.
(2) Eligibility-survivors. A survivor of a
current employee, former employee, or
a retiree eligible to make a deposit
under paragraph (j)(1) of this section
may make a deposit under this section
if the current or former employee, or
retiree is deceased and the survivor is

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§ 842.305

5 CFR Ch. I (1–1–12 Edition)

eligible or would be eligible for a survivor annuity under FERS based on the
service of the current or former employee, or retiree.
(3) Filing of deposit application. An individual eligible to make a deposit
under paragraphs (j)(1) and (2) of this
section for service described in
§ 842.304(e) must submit a written application to make a deposit for such service with the appropriate office in the
department or agency where such service was performed. If the department or
agency where the service was performed no longer exists, the individual
must submit the written application to
the appropriate office in the Department of State.
(4) Time limit for filing application. An
application to make a deposit under
this section must be submitted on or
before August 29, 2008.
(5) Amount of deposit. (i) A deposit
under this section must be computed
using distinct periods of service. For
the purpose of this section, a distinct
period of service means a period of
service not interrupted by a break in
service of more than 3 days. A deposit
may be made for any or all distinct periods of service.
(ii) The amount of deposit under this
section equals the amount of deductions from basic pay that would have
been required under section 8422 of title
5, United States Code, if at the time
the service was performed the service
had been subject to FERS deductions
under that section, plus interest.
(6) Forms of deposit. A deposit under
this section must be made as a single
lump sum within 180 days of being notified of the deposit amount.
(7) Processing deposit applications and
payments. (i) The department or agency
where
the
service
described
in
§ 842.304(e) was performed must process
the deposit applications and payments
under this section. If the department
or agency where the service was performed no longer exists, the Department of State must process the deposit
applications and payments under this
section.
(ii) Whenever requested, the Department of State must assist the department or agency responsible for processing deposit applications under this
section determine whether the applica-

tion meets the requirements of
§ 842.304(e ).
(iii) Upon receiving a deposit application under this section, the department
or agency must determine whether the
application meets the requirements of
§ 842.304(e); compute the deposit, including interest; and advise the applicant of the total amount of deposit
due.
(iv) The department or agency must
establish a deposit account showing
the total amount due.
(v) When it receives an individual’s
payment for the service, the department or agency must remit the payment to OPM immediately for deposit
to the Civil Service Retirement and
Disability Fund in accordance with instructions issued by OPM.
(vi) Once a deposit has been paid in
full or otherwise closed out, the department or agency must submit the documentation pertaining to the deposit to
OPM in accordance with instructions
issued by OPM.
(8) Government contributions. (i) The
department or agency where service
described in § 842.304(e) was performed
must pay Government contributions
for each period of service covered by a
deposit under this section.
(ii) The amount of contributions
under this section equals the amount
of Government contributions which
would have been required for the service under section 8423 of title 5, United
States Code, if the service had been
covered under chapter 84 of title 5,
United States Code, plus interest.
(iii) The department or agency must
remit the amount of Government contributions under this section to OPM
at the same time it remits the employee deposit for this service to OPM
in accordance with instructions issued
by OPM.
(9) Interest. Interest must be computed as described under paragraphs (2)
and (3) of 5 U.S.C. 8334(e). Interest must
be computed for each distinct period of
service from the midpoint of each distinct period of service. The interest accrues annually on the outstanding deposit and is compounded annually,
until the deposit is paid.
(10) Effect of deposit. An individual
completing a deposit under this section
will receive retirement credit for the

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Office of Personnel Management

§ 842.307

service covered by the deposit when
OPM receives certification that the deposit has been paid in full, and the deposit payment and agency contributions are remitted to the Civil Service
Retirement and Disability Fund.
(11) Appeal rights. When the department or agency processing an application for deposit under this section determines that the individual is not eligible to make a deposit for a period of
service, it must provide the individual
with a written decision explaining the
reason for the decision and explaining
the individual’s right to appeal the decision to the Merit Systems Protection
Board.
[52 FR 18193, May 14, 1987, as amended at 56
FR 55597, Oct. 29, 1991; 56 FR 65419, Dec. 17,
1991; 70 FR 50953, Aug. 29, 2005]

§ 842.306

Military service.

(a) Except as provided in paragraph
(b), and unless otherwise provided
under title III of the Federal Employees’ Retirement System Act of 1986, an
employee’s or Member’s military service is creditable if it was performed—
(1) Before January 1, 1957; or
(2) After December 31, 1956, subject to
payment, before separation from service, of the deposit required by § 842.307.
(b) Credit for a period of military
service is not allowed if the employee
or Member is receiving military retired
pay for such period awarded for reasons
other than—
(1) Service-connected disability incurred in combat with an enemy of the
United States;
(2)
Service-connected
disability
caused by an instrumentality of war
and incurred in the line of duty during
a period of war (within the meaning of
chapter 11 of title 38, United States
Code); or
(3) Retirement under chapter 67 of
title 10, United States Code.
(c)
When
adjudicating
annuity
claims, OPM will accept determinations made by the agency that authorized military retired pay concerning—
(1) The effective date of a waiver of
military retired pay;
(2) Whether an individual’s military
retired pay was awarded for any of the
reasons mentioned under paragraph (b)
of this section; and

(3) Whether a period of military service forms the basis for military retired
pay.
(d)(1) Except as provided in paragraphs (d)(2) and (d)(3) of this section,
the computation of a survivor’s annuity includes credit for any military
service allowable under paragraph (a)
of this section.
(2) If the separated employee (as defined in § 843.102 of this chapter) was
awarded military retired pay, died
after the date of separation from civilian service, and did not waive military
retired pay effective before the date of
death, military service upon which the
military retired pay was based is not
creditable.
(3) If the survivor of a deceased employee who had been awarded military
retired pay files, in a form prescribed
by OPM, an election not to have a period of military service included in the
computation of survivor benefits, that
period of military service is not included in the computation of survivor
benefits.
§ 842.307 Deposits for military service.
(a) Eligibility to make a deposit. (1) An
employee or Member subject to FERS
may make a deposit for any distinct
period of military service by filing an
application in a form prescribed by
OPM.
(2) An application to make a deposit
is filed with the appropriate office in
the employing agency, or, for Members
and Congressional employees, with the
Secretary of the Senate, or the Clerk of
the House of Representatives, as appropriate.
(3) An employee’s or Member’s deposit for military service must be completed before separation from service.
If a deceased employee or Member was,
at the time of death, eligible to make
a deposit, the employee’s or Member’s
survivor may make the deposit in one
lump sum to the former employing
agency, the Secretary of the Senate or
the Clerk of the House of Representatives, before OPM completes adjudication of the survivor annuity application. A person who was eligible to
make a deposit for military service but
failed to complete the deposit within
the time limits provided in this paragraph, may complete the deposit in a

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