50 U.S.C. § 2151 | Application of Federal Employees’ Retirement System to Agency employees

(a)

General rule

December 31, 198342 U.S.C. 401Except as provided in subsections (b) and (c), all employees of the Agency, any of whose service after , is employment for the purpose of title II of the Social Security Act [ et seq.] and chapter 21 of title 26, shall be subject to chapter 84 of title 5.

(b)

Exception for pre-1984 employees

December 31, 198342 U.S.C. 401Participants in the Central Intelligence Agency Retirement and Disability System who were participants in such system on or before , and who have not had a break in service in excess of one year since that date, are not subject to chapter 84 of title 5 without regard to whether they are subject to title II of the Social Security Act [ et seq.].

(c)

Nonapplicability of FERS to certain employees

(1)

The provisions of chapter 84 of title 5 shall not apply with respect to—

(A)

any individual who separates, or who has separated, from Federal Government service after having been an employee of the Agency subject to subchapter II of this chapter; and

(B)

January 1, 1987 any employee of the Agency having at least 5 years of civilian service which was performed before , and is creditable under subchapter II of this chapter (determined without regard to any deposit or redeposit requirement under subchapter III of chapter 83 of title 5, or under subchapter II of this chapter, or any requirement that the individual become subject to such subchapter or to subchapter II of this chapter after performing the service involved).

(2)

section 2157 of this title Paragraph (1) shall not apply with respect to an individual who has elected under regulations prescribed under to become subject to chapter 84 of title 5 to the extent provided in such regulations.

(3)

section 8402(b)(2) of title 5 An individual described in paragraph (1) shall be deemed to be an individual excluded under .

(d)

Election to become subject to FERS

December 31, 1987section 2013 of this titleAn employee who is designated as a participant in the Central Intelligence Agency Retirement and Disability System after , pursuant to may elect to become subject to chapter 84 of title 5. Such election—

(1)

shall not be effective unless it is made during the six-month period beginning on the date on which the employee is so designated;

(2)

shall take effect beginning with the first pay period beginning after the date of the election; and

(3)

shall be irrevocable.

(e)

Special rules

The application of the provisions of chapter 84 of title 5 to an employee referred to in subsection (a) shall be subject to the exceptions and special rules provided in this subchapter. Any provision of that chapter which is inconsistent with a special rule provided in this subchapter shall not apply to such employees.

Pub. L. 88–643, title III, § 301 Pub. L. 102–496, title VIII, § 802Oct. 24, 1992106 Stat. 3243(, as added , , .)

Editorial Notes

References in Text

act Aug. 14, 1935, ch. 531 49 Stat. 620 section 1305 of Title 42The Social Security Act, referred to in subsecs. (a) and (b), is , . Title II of the Act is classified generally to subchapter II (§ 401 et seq.) of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see and Tables.

Prior Provisions

section 301 of Pub. L. 88–643 Pub. L. 99–335, title V, § 506June 6, 1986100 Stat. 624 Pub. L. 99–514, § 2Oct. 22, 1986100 Stat. 2095 Pub. L. 100–453, title V, § 502Sept. 29, 1988102 Stat. 1909 section 403 of this title Pub. L. 88–643 section 802 of Pub. L. 102–496A prior , as added , , ; amended , , ; , , , related to application of Federal Employees’ Retirement System to Agency employees and was set out as a note under prior to the general amendment of by .

Statutory Notes and Related Subsidiaries

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 .