The provisions of this chapter comprise the Federal Employees’ Retirement System.
(b)
The provisions of this chapter shall not apply with respect to—
(1)
any individual who has performed service of a type described in subparagraph (C), (D), (E), or (F) of section 210(a)(5) of the Social Security Act continuously since (determined in accordance with the provisions of section 210(a)(5)(B) of the Social Security Act, relating to continuity of employment); or
(2)(A)
any employee or Member who has separated from the service after—
(i)
having been subject to—
(I)
subchapter III of chapter 83 of this title;
(II)
subchapter I of chapter 8 of title I of the Foreign Service Act of 1980; or
(III)
the benefit structure for employees of the Board of Governors of the Federal Reserve System appointed before , that is a component of the Retirement Plan for Employees of the Federal Reserve System, established under section 10 of the Federal Reserve Act; and
(ii)
having completed—
(I)
at least 5 years of civilian service creditable under subchapter III of chapter 83 of this title;
(II)
at least 5 years of civilian service creditable under subchapter I of chapter 8 of title I of the Foreign Service Act of 1980; or
(III)
at least 5 years of civilian service (other than any service performed in the employ of a Federal Reserve Bank) creditable under the benefit structure for employees of the Board of Governors of the Federal Reserve System appointed before , that is a component of the Retirement Plan for Employees of the Federal Reserve System, established under section 10 of the Federal Reserve Act,
determined without regard to any deposit or redeposit requirement under either such subchapter or under such benefit structure, or any requirement that the individual become subject to either such subchapter or to such benefit structure after performing the service involved; or
(B)
any employee having at least 5 years of civilian service performed before , 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 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);
except to the extent provided for under subsection (d) of this section or title III of the Federal Employees’ Retirement System Act of 1986 pursuant to an election under such title to become subject to this chapter.
(c)(1)
The Office may exclude from the operation of this chapter an employee or group of employees in or under an Executive agency, the United States Postal Service, or the Postal Regulatory Commission, whose employment is temporary or intermittent, except an employee whose employment is part-time career employment (as defined in section 3401(2)).
(2)
The Architect of the Capitol may exclude from the operation of this chapter an employee under the Office of the Architect of the Capitol whose employment is temporary or of uncertain duration.
(3)
The Librarian of Congress may exclude from the operation of this chapter an employee under the Library of Congress whose employment is temporary or of uncertain duration.
(4)
The Director or Acting Director of the Botanic Garden may exclude from the operation of this chapter an employee under the Botanic Garden whose employment is temporary or of uncertain duration.
(5)
The Chief Administrative Officer of the House of Representatives and the Secretary of the Senate each may exclude from the operation of this chapter a Congressional employee—
(A)
whose employment is temporary or intermittent; and
(B)
who is paid by such Chief Administrative Officer or Secretary, as the case may be.
(6)
The Director of the Office of Technology Assessment may exclude from the operation of this chapter an employee under the Office of Technology Assessment whose employment is temporary or intermittent.
(7)
The Director of the Congressional Budget Office may exclude from the operation of this chapter an employee under the Congressional Budget Office whose employment is temporary or intermittent.
(8)
section 610 of title 28 The Director of the Administrative Office of the United States Courts may exclude from the operation of this chapter an employee of the Administrative Office of the United States Courts, the Federal Judicial Center, or a court named by , whose employment is temporary or of uncertain duration.
(9)
The Joint Committee on Judicial Administration in the District of Columbia may exclude from the operation of this chapter an employee of the District of Columbia Courts whose employment is temporary or of uncertain duration.
(d)
Paragraph (2) of subsection (b) shall not apply to an individual who—
(1)
becomes subject to—
(A)
subchapter II of chapter 8 of title I of the Foreign Service Act of 1980 (relating to the Foreign Service Pension System) pursuant to an election; or
(B)
the benefit structure in which employees of the Board of Governors of the Federal Reserve System appointed on or after , 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); and
(2)
subsequently enters a position in which, but for paragraph (2) of subsection (b), such individual would be subject to this chapter.
(e)
section 377 of title 28section 8424 of this title A bankruptcy judge or magistrate judge who is covered by or section 2(c) of the Retirement and Survivors’ Annuities for Bankruptcy Judges and Magistrates Act of 1988 shall be excluded from the operation of this chapter, other than subchapters III and VII of such chapter, 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 election, the judge or magistrate judge shall be entitled to a lump-sum credit under .
(f)
section 7296 of title 38section 8424 of this title A judge who is covered by shall be excluded from the operation of this chapter if the judge notifies the Director of the Office of Personnel Management of an election of a retirement annuity under that section. Upon such election, the judge shall be entitled to a lump-sum credit under .
(g)
section 178 of title 28section 8424 of this title A judge of the United States Court of Federal Claims who is covered by shall be excluded from the operation of this chapter, other than subchapters III and VII of such chapter, 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 election, the judge shall be entitled to a lump-sum credit under .
section 410(a)(5) of Title 42Section 210(a)(5) of the Social Security Act, referred to in subsec. (b)(1), is classified to , The Public Health and Welfare.
Pub. L. 99–335100 Stat. 514section 1005 of Title 39section 410 of Title 42section 6103 of Title 26section 8331 of this titlesection 8401 of this titleThe Federal Employees’ Retirement System Act of 1986, referred to in subsec. (b), is , , . Title III of the Federal Employees’ Retirement System Act of 1986 amended sections 3121 and 6103 of Title 26, Internal Revenue Code, , Postal Service, and , enacted provisions set out as notes under sections 8331, 8401, 8432, and 8472 of this title and , and amended provisions set out as a note under . For complete classification of this Act to the Code, see Short Title note set out under and Tables.
Pub. L. 96–46594 Stat. 2071section 3901 of Title 22The Foreign Service Act of 1980, referred to in subsecs. (b)(2)(A)(i)(II), (ii)(II) and (d)(1)(A), is , , . Subchapters I and II of chapter 8 of title I of the Act are classified generally to parts I (§ 4041 et seq.) and II (§ 4071 et seq.), respectively, 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 and Tables.
act Dec. 23, 1913, ch. 638 Stat. 260section 241 of Title 12Section 10 of the Federal Reserve Act, referred to in subsecs. (b)(2)(A)(i)(III), (ii)(III) and (d)(1)(B), is section 10 of , . For classification of section 10 to the Code, see Codification note set out under , Banks and Banking, and Tables.
section 2(c) of Pub. L. 100–659section 377 of Title 28Section 2(c) of the Retirement and Survivors’ Annuities for Bankruptcy Judges and Magistrates Act of 1988, referred to in subsec. (e), is , which is set out as a note under , Judiciary and Judicial Procedure.
Amendments
Pub. L. 109–4352006—Subsec. (c)(1). substituted “Postal Regulatory Commission” for “Postal Rate Commission”.
Pub. L. 106–168, § 202(b)(1)1999—Subsec. (b)(2)(A). , added subpar. (A) and struck out former subpar. (A) which read as follows: “any employee or Member who has separated from the service after—
“(i) having been subject to subchapter III of chapter 83 of this title, or subchapter I of chapter 8 of the Foreign Service Act of 1980; and
“(ii) having completed at least 5 years of civilian service creditable under subchapter III of chapter 83 of this title, or at least 5 years of civilian service creditable under subchapter I of the Foreign Service Act of 1980 (determined without regard to any deposit or redeposit requirement under either such subchapter, or any requirement that the individual become subject to either such subchapter after performing the service involved); or”.
Pub. L. 106–168, § 202(b)(2)Subsec. (d). , amended subsec. (d) generally. Prior to amendment, text read as follows: “Paragraph (2) of subsection (b) shall not apply to an individual who becomes subject to subchapter II of chapter 8 of title I of the Foreign Service Act of 1980 (relating to the Foreign Service Pension System) pursuant to an election and who subsequently enters a position in which, but for such paragraph (2), he would be subject to this chapter.”
Pub. L. 99–5561986—Subsec. (c)(5), (6). added pars. (5) and (6).
Statutory Notes and Related Subsidiaries
Change of Name
section 321 of Pub. L. 101–650section 631 of Title 28Words “magistrate judge” substituted for “magistrate” wherever appearing in subsec. (e) pursuant to , set out as a note under , Judiciary and Judicial Procedure.
section 8411 of this titleSubject to succeeding provisions of this subsection, this section [amending this section and and enacting provisions set out as a note under this section] and the amendments made by this section shall take effect on the date of the enactment of this Act [].
“(2)
Provisions relating to creditability and certain former employees .—
section 8411 of this titleThe amendments made by subsection (a) [amending ] and the provisions of subsection (c) [set out as a note below] shall apply only to individuals who separate from service subject to chapter 84 of title 5, United States Code, on or after the date of the enactment of this Act [].
“(3)
Provisions relating to exclusion from chapter .—
The amendments made by subsection (b) [amending this section] shall not apply to any former employee of the Board of Governors of the Federal Reserve System who, subsequent to his or her last period of service as an employee of the Board of Governors of the Federal Reserve System and prior to the date of the enactment of this Act [], became subject to subchapter III of chapter 83 or chapter 84 of title 5, United States Code, under the law in effect at the time of the individual’s appointment.”
section 8401 of this titlePub. L. 105–33“Except as otherwise specifically provided, this Act [amending this section and enacting provisions set out as a note under ] and the amendments made by this Act shall take effect as if included in the enactment of title XI of the Balanced Budget Act of 1997 [].”
Pub. L. 100–659section 9 of Pub. L. 100–659section 377 of Title 28Amendment by effective , and applicable to bankruptcy judges and magistrate judges who retire on or after , with exception for judges and magistrate judges retiring on or after , see , as amended, set out as an Effective Date note under , Judiciary and Judicial Procedure.
“A former employee of the Board of Governors of the Federal Reserve System who—
“(1)
Act Dec. 23, 1913, ch. 612 U.S.C. 241 has at least 5 years of civilian service (other than any service performed in the employ of a Federal Reserve Bank) creditable under the benefit structure for employees of the Board of Governors of the Federal Reserve System appointed before , that is a component of the Retirement Plan for Employees of the Federal Reserve System, established under section 10 of the Federal Reserve Act [, see Codification note set out under ];
“(2)
was subsequently employed subject to the benefit structure in which employees of the Board of Governors of the Federal Reserve System appointed on or after , 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 chapter 84 of title 5, United States Code); and
“(3)
after service described in paragraph (2), becomes subject to and thereafter entitled to benefits under chapter 84 of title 5, United States Code,
Pub. L. 99–335100 Stat. 6015 U.S.C. 83315 U.S.C. 8331shall, for purposes of section 302 of the Federal Employees’ Retirement System Act of 1986 [] (; 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 [ note].”