50 U.S.C. § 2082 | Prior service credit

(a)

In general

A participant may, subject to the provisions of this section, include in the participant’s period of service—

(1)

civilian service in the Government before becoming a participant that would be creditable toward retirement under subchapter III of chapter 83 of title 5 (as determined under section 8332(b) of such title); and

(2)

1 See Change of Name note below.

June 30, 1960June 30, 1961 honorable active service in the Armed Forces before the date of the separation upon which eligibility for an annuity is based, or honorable active service in the Regular or Reserve Corps  of the Public Health Service after , or as a commissioned officer of the National Oceanic and Atmospheric Administration after .

(b)

Limitations

(1)

In general

Except as provided in paragraphs (2) and (3), the total service of any participant shall exclude—

(A)

October 1, 1982 any period of civilian service on or after , for which retirement deductions or deposits have not been made,

(B)

any period of service for which a refund of contributions has been made, or

(C)

any period of service for which contributions were not transferred pursuant to subsection (c)(1);

section 8334(c) of title 5unless the participant makes a deposit to the fund in an amount equal to the percentages of basic pay received for such service as specified in the table contained in , together with interest computed in accordance with section 8334(e) of such title. The deposit may be made in one or more installments (including by allotment from pay), as determined by the Director.

(2)

Effect of retirement deductions not made

October 1, 1982If a participant has not paid a deposit for civilian service performed before , for which retirement deductions were not made, such participant’s annuity shall be reduced by 10 percent of the deposit described in paragraph (1) remaining unpaid, unless the participant elects to eliminate the service involved for the purpose of the annuity computation.

(3)

Effect of refund of retirement contributions

A participant who received a refund of retirement contributions under this or any other retirement system for Government employees covering service for which the participant may be allowed credit under this subchapter may deposit the amount received, with interest computed under paragraph (1). Credit may not be allowed for the service covered by the refund until the deposit is made, except that a participant who—

(A)

March 31, 1991March 31, 1991 separated from Government service before , and received a refund of the participant’s retirement contributions covering a period of service ending before ;

(B)

December 1, 1992 is entitled to an annuity under this subchapter (other than a disability annuity) which commences after ; and

(C)

does not make the deposit required to receive credit for the service covered by the refund;

section 8334(d)(2)(B) of title 5shall be entitled to an annuity actuarially reduced in accordance with .

(4)

Entitlement under another system

Credit toward retirement under the system shall not be allowed for any period of civilian service on the basis of which the participant is receiving (or will in the future be entitled to receive) an annuity under another retirement system for Government employees, unless the right to such annuity is waived and a deposit is made under paragraph (1) covering that period of service, or a transfer is made pursuant to subsection (c).

(c)

Transfer from other Government retirement systems

(1)

In general

section 8334(e) of title 5If an employee who is under another retirement system for Government employees becomes a participant in the system by direct transfer, the Government’s contributions (including interest accrued thereon computed in accordance with ) under such retirement system on behalf of the employee as well as such employee’s total contributions and deposits (including interest accrued thereon), except voluntary contributions, shall be transferred to the employee’s credit in the fund effective as of the date such employee becomes a participant in the system.

(2)

Consent of employee

Each such employee shall be deemed to consent to the transfer of such funds, and such transfer shall be a complete discharge and acquittance of all claims and demands against the other Government retirement fund on account of service rendered before becoming a participant in the system.

(3)

Additional contributions; refunds

section 8334(c) of title 5A participant whose contributions are transferred pursuant to paragraph (1) shall not be required to make additional contributions for periods of service for which full contributions were made to the other Government retirement fund, nor shall any refund be made to any such participant on account of contributions made during any period to the other Government retirement fund at a higher rate than that fixed for employees by for contributions to the fund.

(d)

Transfer to other Government retirement systems

(1)

In general

section 8334(e) of title 5If a participant in the system becomes an employee under another Government retirement system by direct transfer to employment covered by such system, the Government’s contributions (including interest accrued thereon computed in accordance with ) to the fund on the participant’s behalf as well as the participant’s total contributions and deposits (including interest accrued thereon), except voluntary contributions, shall be transferred to the participant’s credit in the fund of such other retirement system effective as of the date on which the participant becomes eligible to participate in such other retirement system.

(2)

Consent of employee

Each such employee shall be deemed to consent to the transfer of such funds, and such transfer shall be a complete discharge and acquittance of all claims and demands against the fund on account of service rendered before the participant’s becoming eligible for participation in that other system.

(e)

Prior military service credit

(1)

Application to obtain credit

If a deposit required to obtain credit for prior military service described in subsection (a)(2) was not made to another Government retirement fund and transferred under subsection (c)(1), the participant may obtain credit for such military service, subject to the provisions of this subsection and subsections (f) through (h), by applying for it to the Director before retirement or separation from the Agency.

(2)

October 1, 1982 Employment starting before, on, or after

Except as provided in paragraph (3)—

(A)

October 1, 1982 the service of a participant who first became a Federal employee before , shall include credit for each period of military service performed before the date of separation on which entitlement to an annuity under this subchapter is based, subject to subsection (f); and

(B)

October 1, 1982 the service of a participant who first becomes a Federal employee on or after , shall include credit for—

(i)

January 1, 1957 each period of military service performed before , and

(ii)

December 31, 1956 each period of military service performed after , and before the separation on which entitlement to an annuity under this subchapter is based, only if a deposit (with interest, if any) is made with respect to that period, as provided in subsection (h).

(3)

Effect of receipt of military retired pay

In the case of a participant who is entitled to retired pay based on a period of military service, the participant’s service may not include credit for such period of military service unless the retired pay is paid—

(A)

on account of a service-connected disability—

(i)

incurred in combat with an enemy of the United States; or

(ii)

section 1101 of title 38 caused by an instrumentality of war and incurred in the line of duty during a period of war (as defined in ); or

(B)

2 See References in Text note below.

under chapter 67  of title 10.

(4)

Survivor annuity

Notwithstanding paragraph (3), the survivor annuity of a survivor of a participant—

(A)

who was awarded retired pay based on any period of military service, and

(B)

whose death occurs before separation from the Agency,

section 8332(c)(3) of title 5shall be computed in accordance with .

(f)

Effect of entitlement to social security benefits

(1)

In general

section 2083 of this title section 402 of title 42Notwithstanding any other provision of this section (except paragraph (3) of this subsection) or , any military service (other than military service covered by military leave with pay from a civilian position) performed by a participant after December 1956 shall be excluded in determining the aggregate period of service on which an annuity payable under this subchapter to such participant or to the participant’s spouse, former spouse, previous spouse, or child is based, if such participant, spouse, former spouse, previous spouse, or child is entitled (or would upon proper application be entitled), at the time of such determination, to monthly old-age or survivors’ insurance benefits under , based on such participant’s wages and self-employment income. If the military service is not excluded under the preceding sentence, but upon attaining age 62, the participant or spouse, former spouse, or previous spouse becomes entitled (or would upon proper application be entitled) to such benefits, the aggregate period of service on which the annuity is based shall be redetermined, effective as of the first day of the month in which the participant or spouse, former spouse, or previous spouse attains age 62, so as to exclude such service.

(2)

Limitation

The provisions of paragraph (1) relating to credit for military service do not apply to—

(A)

any period of military service of a participant with respect to which the participant has made a deposit with interest, if any, under subsection (h); or

(B)

the military service of any participant described in subsection (e)(2)(B).

(3)

September 8, 1982 Effect of entitlement before

(A)

September 8, 1982section 402 of title 42 section 429 of title 42 The annuity recomputation required by paragraph (1) shall not apply to any participant who was entitled to an annuity under this subchapter on or before , or who is entitled to a deferred annuity based on separation from the Agency occurring on or before such date. Instead of an annuity recomputation, the annuity of such participant shall be reduced at age 62 by an amount equal to a fraction of the participant’s old-age or survivors’ insurance benefits under . The reduction shall be determined by multiplying the participant’s monthly Social Security benefit by a fraction, the numerator of which is the participant’s total military wages and deemed additional wages (within the meaning of ) that were subject to Social Security deductions and the denominator of which is the total of all the participant’s wages, including military wages, and all self-employment income that were subject to Social Security deductions before the calendar year in which the determination month occurs.

(B)

October 1, 1982 The reduction determined in accordance with subparagraph (A) shall not be greater than the reduction that would be required under paragraph (1) if such paragraph applied to the participant. The new formula shall be applicable to any annuity payment payable after , including annuity payments to participants who had previously reached age 62 and whose annuities had already been recomputed.

(C)

For purposes of this paragraph, the term “determination month” means—

(i)

the first month for which the participant is entitled to old-age or survivors’ insurance benefits (or would be entitled to such benefits upon application therefor); or

(ii)

October 1982, in the case of any participant entitled to such benefits for that month.

(g)

Deposits paid by survivors

For the purpose of survivor annuities, deposits authorized by subsections (b) and (h) may also be made by the survivor of a participant.

(h)

Deposits for periods of military service

(1)

(A)

section 204 of title 37January 1, 1999December 31, 2000


	7.25 percent of basic pay	January 1, 1999, to December 31, 1999.
	7.4 percent of basic pay	January 1, 2000, to December 31, 2000.

Each participant who has performed military service before the date of separation on which entitlement to an annuity under this subchapter is based may pay to the Agency an amount equal to 7 percent of the amount of basic pay paid under to the participant for each period of military service after December 1956; except, the amount to be paid for military service performed beginning on , through , shall be as follows:

(B)

The amount of such payments shall be based on such evidence of basic pay for military service as the participant may provide or, if the Director determines sufficient evidence has not been provided to adequately determine basic pay for military service, such payment shall be based upon estimates of such basic pay provided to the Director under paragraph (4).

(2)

Any deposit made under paragraph (1) more than two years after the later of—

(A)

October 1, 1983 , or

(B)

the date on which the participant making the deposit first becomes an employee of the Federal Government,

section 8334(e) of title 5shall include interest on such amount computed and compounded annually beginning on the date of 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 .

(3)

Any payment received by the Director under this subsection shall be deposited in the Treasury of the United States to the credit of the fund.

(4)

l The provisions of section 2031() of this title shall apply with respect to such information as the Director determines to be necessary for the administration of this subsection in the same manner that such section applies concerning information described in that section.

Pub. L. 88–643, title II, § 252 Pub. L. 102–496, title VIII, § 802Oct. 24, 1992106 Stat. 3229 Pub. L. 105–33, title VII, § 7001(c)(3)Aug. 5, 1997111 Stat. 659 Pub. L. 106–346, § 101(a) [title V, § 505(c)(2)]Oct. 23, 2000114 Stat. 1356 Pub. L. 116–92, div. E, title LXII, § 6202(a)(2)(A)(ii)Dec. 20, 2019133 Stat. 2185 (, as added , , ; amended , , ; , , , 1356A–53; , (c), , , 2186.)

Editorial Notes

References in Text

Pub. L. 103–337, div. A, title XVI, § 1662(j)(1)Oct. 5, 1994108 Stat. 2998 section 1662(j)(7) of Pub. L. 103–337Chapter 67 of title 10, referred to in subsec. (e)(3)(B), was transferred to part II of subtitle E of Title 10, Armed Forces, renumbered as chapter 1223, and amended generally by , , . A new chapter 67 (§ 1331) of Title 10 was added by .

Prior Provisions

section 252 of Pub. L. 88–643Oct. 13, 196478 Stat. 1050 Pub. L. 91–626Dec. 31, 197084 Stat. 1872 Pub. L. 94–522, title II, § 211Oct. 17, 197690 Stat. 2471 Sept. 27, 1983July 13, 1984Pub. L. 99–335, title V, § 501(2)June 6, 1986100 Stat. 622 Pub. L. 102–83, § 5(c)(2)Aug. 6, 1991105 Stat. 406 section 403 of this title Pub. L. 88–643 section 802 of Pub. L. 102–496A prior , title II, , ; , §§ 5, 6, , ; , , ; Ex. Ord. No. 12443, §§ 9–11, 15, , 48 F.R. 44753, 44755; Ex. Ord. No. 12485, , 49 F.R. 28827; , , ; , , , related to prior service credit and was set out as a note under prior to the general amendment of by .

Amendments

Pub. L. 116–92, § 6202(c)March 31, 1991October 1, 19902019—Subsec. (b)(3)(A). , substituted “” for “” in two places.

Pub. L. 116–92, § 6202(a)(2)(A)(ii)lSubsec. (h)(4). , substituted “2031()” for “2031(k)”.

Pub. L. 106–346December 31, 2000December 31, 2002January 1, 2001December 31, 20022000—Subsec. (h)(1)(A). , in introductory provisions, substituted “” for “” and in table struck out item at end relating to payment of 7.5 percent of basic pay for service period , to .

Pub. L. 105–33 section 204 of title 371997—Subsec. (h)(1). amended par. (1) generally. Prior to amendment, par. (1) read as follows: “Each participant who has performed military service before the date of separation on which entitlement to an annuity under this subchapter is based may pay to the Agency an amount equal to 7 percent of the amount of basic pay paid under to the participant 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 participant may provide or, if the Director determines sufficient evidence has not been provided to adequately determine basic pay for military service, such payment shall be based upon estimates of such basic pay provided to the Director under paragraph (4).”

Statutory Notes and Related Subsidiaries

Change of Name

section 204(c)(3) of Title 42Reference to Reserve Corps of the Public Health Service deemed to be a reference to the Ready Reserve Corps, see , The Public Health and Welfare.

Effective Date of 2019 Amendment

Pub. L. 116–92Oct. 28, 2009section 6202(e) of Pub. L. 116–92 section 2031 of this titleAmendment by effective as if enacted on , and applicable to computations or participants, respectively, as of such date, see , set out as a note under .

Effective Date of 2000 Amendment

Pub. L. 106–346 Pub. L. 106–346 section 8334 of Title 5Amendment by effective upon the close of calendar year 2000 and applicable thereafter, see section 101(a) [title V, § 505(i)] of , set out as a note under , Government Organization and Employees.

Effective Date of 1997 Amendment

Pub. L. 105–33Oct. 1, 1997section 7001(f) of Pub. L. 105–33 section 8334 of Title 5Amendment by effective , see , set out as a note under , Government Organization and Employees.

Effective Date

Oct. 24, 1992section 805 of Pub. L. 102–496 section 2001 of this titleSection effective on first day of fourth month beginning after , see , set out as a note under .