
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-107 Section 1132(a)(1)]
[Document affected by Public Law 107-107 Section 1132(c)]
[CITE: 5USC8332]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                   Subpart G--Insurance and Annuities
 
                         CHAPTER 83--RETIREMENT
 
                SUBCHAPTER III--CIVIL SERVICE RETIREMENT
 
Sec. 8332. Creditable service

    (a) The total service of an employee or Member is the full years and 
twelfth parts thereof, excluding from the aggregate the fractional part 
of a month, if any.
    (b) The service of an employee shall be credited from the date of 
original employment to the date of separation on which title to annuity 
is based in the civilian service of the Government. Except as provided 
in paragraph (13) \1\ of this subsection, credit may not be allowed for 
a period of separation from the service in excess of 3 calendar days. 
The service includes--
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    \1\ So in original. Probably should be paragraph ``(14)''.
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        (1) employment as a substitute in the postal field service;
        (2) service in the Pan American Sanitary Bureau;
        (3) subject to section 8334(c) and 8339(i) of this title, 
    service performed before July 10, 1960, as an employee of a county 
    committee established under section 590h(b) of title 16 or of a 
    committee or an association of producers described by section 610(b) 
    of title 7;
        (4) service as a student-employee as defined by section 5351 of 
    this title only if he later becomes subject to this subchapter;
        (5) a period of satisfactory service of a volunteer or volunteer 
    leader under chapter 34 of title 22 only if he later becomes subject 
    to this subchapter;
        (6) employment under section 709 of title 32 or any prior 
    corresponding provision of law;
        (7) a period of service of a volunteer under part A of title 
    VIII of the Economic Opportunity Act of 1964, or a period of service 
    of a full-time volunteer enrolled in a program of at least one 
    year's duration under part A, B, or C of title I of the Domestic 
    Volunteer Service Act of 1973 only if he later becomes subject to 
    this subchapter;
        (8) subject to section 8334(c) and 8339(i) of this title, 
    service performed after February 18, 1929, and before noon on 
    January 3, 1971, as a United States Capitol Guide;
        (9) subject to sections 8334(c) and 8339(i) of this title, 
    service as a substitute teacher for the government of the District 
    of Columbia after July 1, 1955, if such service is not credited for 
    benefits under any other retirement system established by a law of 
    the United States;
        (10) periods of imprisonment of a foreign national for which 
    compensation is provided under section 410 of the Foreign Service 
    Act of 1980, if the individual (A) was subject to this subchapter 
    during employment with the Government last preceding imprisonment, 
    or (B) is qualified for an annuity under this subchapter on the 
    basis of other service of the individual;
        (11) subject to sections 8334(c) and 8339(i) of this title, 
    service in any capacity of at least 130 days (or its equivalent) per 
    calendar year performed after July 1, 1946, for the National 
    Committee for a Free Europe; Free Europe Committee, Incorporated; 
    Free Europe, Incorporated; Radio Liberation Committee; Radio Liberty 
    Committee; subdivisions of any of those organizations; Radio Free 
    Europe/Radio Liberty, Incorporated, Radio Free Asia; the Asia 
    Foundation; or the Armed Forces Network, Europe (AFN-E), but only if 
    such service is not credited for benefits under any other retirement 
    system which is established for such entities and funded in whole or 
    in part by the Government and only if the individual later becomes 
    subject to this subchapter;
        (12) service as a justice or judge of the United States, as 
    defined by section 451 of title 28, and service as a judge of a 
    court created by Act of Congress in a territory which is invested 
    with any jurisdiction of a district court of the United States, but 
    no credit shall be allowed for such service if the employee is 
    entitled to a salary or an annuity under section 371, 372, or 373 of 
    title 28;
        (13) subject to sections 8334(c) and 8339(i) of this title, 
    service performed on or after December 6, 1967, and before the 
    effective date of this paragraph as an employee of the House Beauty 
    Shop, only if he serves as such an employee for a period of at least 
    five years after such effective date;
        (14) one year of service to be credited for each year in which a 
    Native of the Pribilof Islands performs service in the taking and 
    curing of fur seal skins and other activities in connection with the 
    administration of the Pribilof Islands, notwithstanding any period 
    of separation from the service, and regardless of whether the Native 
    who performs the service retires before, on, or after the effective 
    date of this paragraph;
        (15) subject to sections 8334(c) and 8339(i) of this title, 
    service performed on or after January 3, 1969, and before January 4, 
    1973, as the Washington Representative for Guam or the Washington 
    Representative for the Virgin Islands, only if the individual serves 
    as a Member for a period of at least five years after January 2, 
    1973; and
        (16) service performed by any individual as an employee 
    described in section 2105(c) of this title after June 18, 1952, and 
    before January 1, 1966, if (A) such service involved conducting an 
    arts and crafts, drama, music, library, service club, youth 
    activities, sports, or recreation program (including any outdoor 
    recreation program) for personnel of the armed forces, and (B) such 
    individual is an employee subject to this subchapter on the day 
    before the date of the enactment of the Nonappropriated Fund 
    Instrumentalities Employees' Retirement Credit Act of 1986.

The Office of Personnel Management shall accept the certification of the 
Secretary of Agriculture or his designee concerning service for the 
purpose of this subchapter of the type performed by an employee named by 
paragraph (3) of this subsection. The Office of Personnel Management 
shall accept the certification of the Secretary of Commerce or his 
designee concerning service for the purpose of this subchapter of the 
type performed by an employee named by paragraph (14) of this 
subsection. The Office of Personnel Management shall accept the 
certification of the Capitol Guide Board concerning service for the 
purpose of this subchapter of the type described in paragraph (8) of 
this subsection and performed by an employee. The Office of Personnel 
Management shall accept the certification of the Chief Administrative 
Officer of the House of Representatives concerning service for the 
purpose of this subchapter of the type described in paragraph (13) of 
this subsection. For the purpose of paragraph (5) of this subsection--
        (A) a volunteer and a volunteer leader are deemed receiving pay 
    during their service at the respective rates of readjustment 
    allowances payable under sections 2504(c) and 2505(1) of title 22; 
    and
        (B) the period of an individual's service as a volunteer or 
    volunteer leader under chapter 34 of title 22 is the period between 
    enrollment as a volunteer or volunteer leader and the termination of 
    that service by the President or by death or resignation.

    The Office of Personnel Management shall accept the certification of 
the Executive Director of the Board for International Broadcasting, and 
the Secretary of State with respect to the Asia Foundation and the 
Secretary of Defense with respect to the Armed Forces Network, Europe 
(AFN-E), concerning services for the purposes of this subchapter of the 
type described in paragraph (11) of this subsection. For the purpose of 
this subchapter, service of the type described in paragraph (15) of this 
subsection shall be considered Member service. The Office of Personnel 
Management shall accept, for the purposes of this subchapter, the 
certification of the head of a nonappropriated fund instrumentality of 
the United States concerning service of the type described in paragraph 
(16) of this subsection which was performed for such appropriated fund 
instrumentality.
    (c)(1) Except as provided in paragraphs (2) and (4) of this 
subsection and subsection (d) of this section--
        (A) the service of an individual who first becomes an employee 
    or Member before October 1, 1982, shall include credit for each 
    period of military service performed before the date of the 
    separation on which the entitlement to an annuity under this 
    subchapter is based, subject to section 8332(j) of this title; and
        (B) the service of an individual who first becomes an employee 
    or Member on or after October 1, 1982, shall include credit for--
            (i) each period of military service performed before January 
        1, 1957, and
            (ii) each period of military service performed after 
        December 31, 1956, and before the separation on which the 
        entitlement to annuity under this subchapter is based, only if a 
        deposit (with interest, if any) is made with respect to that 
        period, as provided in section 8334(j) of this title.

    (2) If an employee or Member is awarded retired pay based on any 
period of military service, the service of the employee or Member may 
not include credit for such period of military service unless the 
retired pay is awarded--
        (A) based on a service-connected disability--
            (i) incurred in combat with an enemy of the United States; 
        or
            (ii) caused by an instrumentality of war and incurred in 
        line of duty during a period of war as defined by section 1101 
        of title 38; or

        (B) under chapter 1223 of title 10 (or under chapter 67 of that 
    title as in effect before the effective date of the Reserve Officer 
    Personnel Management Act).

    (3)(A) Notwithstanding paragraph (2) of this subsection, for 
purposes of computing a survivor annuity for a survivor of an employee 
or Member--
        (i) who was awarded retired pay based on any period of military 
    service, and
        (ii) whose death occurs before separation from the service,

creditable service of the deceased employee or Member shall include each 
period of military service includable under subparagraph (A) or (B) of 
paragraph (1) of this subsection, as applicable. In carrying out this 
subparagraph, any amount deposited under section 8334(h) of this title 
shall be taken into account.
    (B) A survivor annuity computed based on an amount which, under 
authority of subparagraph (A), takes into consideration any period of 
military service shall be reduced by the amount of any survivor's 
benefits--
        (i) payable to a survivor (other than a child) under a 
    retirement system for members of the uniformed services;
        (ii) if, or to the extent that, such benefits are based on such 
    period of military service.

    (C) The Office of Personnel Management shall prescribe regulations 
to carry out this paragraph, including regulations under which--
        (i) a survivor may elect not to be covered by this paragraph; 
    and
        (ii) this paragraph shall be carried out in any case which 
    involves a former spouse.

    (4) If, after January 1, 1997, an employee or Member waives retired 
pay that is subject to a court order for which there has been effective 
service on the Secretary concerned for purposes of section 1408 of title 
10, the military service on which the retired pay is based may be 
credited as service for purposes of this subchapter only if the employee 
or Member authorizes the Director to deduct and withhold from the 
annuity payable to the employee or Member under this subchapter an 
amount equal to the amount that, if the annuity payment was instead a 
payment of the employee's or Member's retired pay, would have been 
deducted and withheld and paid to the former spouse covered by the court 
order under such section 1408. The amount deducted and withheld under 
this paragraph shall be paid to that former spouse. The period of civil 
service employment by the employee or Member shall not be taken into 
consideration in determining the amount of the deductions and 
withholding or the amount of the payment to the former spouse. The 
Director of the Office of Personnel Management shall prescribe 
regulations to carry out this paragraph.
    (d) For the purpose of section 8339(c)(1) of this title, a Member--
        (1) shall be allowed credit only for periods of military service 
    not exceeding 5 years, plus military service performed by the Member 
    on leaving his office, for the purpose of performing military 
    service, during a war or national emergency proclaimed by the 
    President or declared by Congress and before his final separation 
    from service as Member; and
        (2) may not receive credit for military service for which credit 
    is allowed for purpose of retired pay under other statute.

    (e) This subchapter does not affect the right of an employee or 
Member to retired pay, pension, or compensation in addition to an 
annuity payable under this subchapter.
    (f) Credit shall be allowed for leaves of absence without pay 
granted an employee while performing military service or while receiving 
benefits under subchapter I of chapter 81 of this title. An employee or 
former employee who returns to duty after a period of separation is 
deemed, for the purpose of this subsection, to have been in a leave of 
absence without pay for that part of the period in which he was 
receiving benefits under subchapter I of chapter 81 of this title or any 
earlier statute on which such subchapter is based. Except for a 
substitute in the postal field service and service described in 
paragraph (14) of subsection (b) of this section,,\2\ credit may not be 
allowed for so much of other leaves of absence without pay as exceeds 6 
months in the aggregate in a calendar year.
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    \2\ So in original.
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    (g) An employee who during the period of a war, or of a national 
emergency as proclaimed by the President or declared by Congress, leaves 
his position to enter the military service is deemed, for the purpose of 
this subchapter, as not separated from his civilian position because of 
that military service, unless he applies for and receives a lump-sum 
credit under this subchapter. However, the employee is deemed as not 
retaining his civilian position after December 31, 1956, or after the 
expiration of 5 years of that military service, whichever, is later.
    (h) An employee who--
        (1) has at least 5 years' Member service; and
        (2) serves as a Member at any time after August 2, 1946;

may not be allowed credit for service which is used in the computation 
of an annuity under section 8339(c) of this title.
    (i) An individual who qualifies as an employee under section 
8331(1)(E) of this title is entitled to credit for his service as a 
United States Commissioner, which is not credited for the purpose of 
this subchapter for service performed by him in a capacity other than 
Commissioner, on the basis of--
        (1) 1/313 of a year for each day on which he performed service 
    as a Commissioner before July 1, 1945; and
        (2) 1/260 of a year for each day on which he performed service 
    as a Commissioner after June 30, 1945.

Credit for service performed as Commissioner may not exceed 313 days in 
a year before July 1, 1945, or 260 days in a year after June 30, 1945. 
For the purpose of this subchapter, the employment and pay of a 
Commissioner is deemed on a daily basis when actually employed.
    (j)(1) Notwithstanding any other provision of this section, military 
service, except military service covered by military leave with pay from 
a civilian position, performed by an individual after December 1956, the 
period of an individual's services as a volunteer under part A of title 
VIII of the Economic Opportunity Act of 1964, the period of an 
individual's service as a full-time volunteer enrolled in a program of 
at least 1 year's duration under part A, B, or C of title I of the 
Domestic Volunteer Service Act of 1973, and the period of an 
individual's service as a volunteer or volunteer leader under chapter 34 
of title 22, shall be excluded in determining the aggregate period of 
service on which an annuity payable under this subchapter to the 
individual or to his spouse, former spouse or child is based, if the 
individual, spouse, former spouse, or child is entitled, or would on 
proper application be entitled, at the time of that determination, to 
monthly old-age or survivors benefits under section 402 of title 42 
based on the individual's wages and self-employment income. If the 
military service or service as a volunteer under part A of title VIII of 
the Economic Opportunity Act of 1964, as a full-time volunteer enrolled 
in a program of at least 1 year's duration under part A, B, or C of 
title I of the Domestic Volunteer Service Act of 1973, or as a volunteer 
or volunteer leader under chapter 34 of title 22 is not excluded by the 
preceding sentence, but on becoming 62 years of age, the individual or 
spouse, former spouse \3\ becomes entitled, or would on proper 
application be entitled, to the described benefits, the Office of 
Personnel Management shall redetermine the aggregate period of service 
on which the annuity is based, effective as of the first day of the 
month in which he or she becomes 62 years of age, so as to exclude that 
service. The Secretary of Health, Education, and Welfare, on request of 
the Office, shall inform the Office whether or not the individual, 
spouse, former spouse, or child is entitled at any named time to the 
described benefits. For the purpose of this subsection, the period of an 
individual's service as a volunteer or volunteer leader under chapter 34 
of title 22 is the period between enrollment as a volunteer or volunteer 
leader and termination of that service by the President or by death or 
resignation and the period of an individual's service as a volunteer 
under part A of title VIII of the Economic Opportunity Act of 1964 or 
under part A, B, or C of title I of the Domestic Volunteer Service Act 
of 1973 is the period between enrollment as a volunteer and termination 
of that service by the Director of the Office of Economic Opportunity or 
the Chief Executive Officer of the Corporation for National and 
Community Service, as appropriate, or by death or resignation.
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    \3\ So in original. Probably should be ``individual, spouse, or 
former spouse''.
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    (2) The provisions of paragraph (1) of this subsection relating to 
credit for military service shall not apply to--
        (A) any period of military service of an employee or Member with 
    respect to which the employee or Member has made a deposit with 
    interest, if any, under section 8334(j) of this title; or
        (B) the service of any employee or Member described in section 
    8332(c)(1)(B) of this title.

    (3) The provisions of paragraph (1) relating to credit for service 
as a volunteer or volunteer leader under the Economic Opportunity Act of 
1964, part A, B, or C of title I of the Domestic Volunteer Service Act 
of 1973, or the Peace Corps Act shall not apply to any period of service 
as a volunteer or volunteer leader of an employee or Member with respect 
to which the employee or Member has made the deposit with interest, if 
any, required by section 8334(l).
    (k)(1) An employee who enters on approved leave without pay to serve 
as a full-time officer or employee of an organization composed primarily 
of employees as defined by section 8331(1) of this title, within 60 days 
after entering on that leave without pay, may file with his employing 
agency an election to receive full retirement credit for his periods of 
that leave without pay and arrange to pay currently into the Fund, 
through his employing agency, amounts equal to the retirement deductions 
and agency contributions that would be applicable if he were in pay 
status. If the election and all payments provided by this paragraph are 
not made, the employee may not receive credit for the periods of leave 
without pay occurring after July 17, 1966, notwithstanding the third \4\ 
sentence of subsection (f) of this section. For the purpose of the 
preceding sentence, ``employee'' includes an employee who was on 
approved leave without pay and serving as a full-time officer or 
employee of such an organization on July 18, 1966, and who filed a 
similar election before September 17, 1966.
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    \4\ See 1986 Amendment note below.
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    (2) An employee may deposit with interest an amount equal to 
retirement deductions representing any period or periods of approved 
leave without pay while serving, before July 18, 1966, as a full-time 
officer or employee of an organization composed primarily of employees 
as defined by section 8331(1) of this title. An employee who makes the 
deposit shall be allowed full retirement credit for the period or 
periods of leave without pay. If the employee dies, a survivor as 
defined by section 8331(10) of this title may make the deposit. If the 
deposit is not made in full, retirement credit shall be allowed in 
accordance with the third \4\ sentence of subsection (f) of this 
section.
    (l)(1) Any employee or Member who--
        (A) is of Japanese ancestry; and
        (B) while a citizen of the United States or an alien lawfully 
    admitted to the United States for permanent residence, was interned 
    or otherwise detained at any time during World War II in any camp, 
    installation, or other facility in the United States, or in any 
    territory or possession of the United States, under any policy or 
    program of the United States respecting individuals of Japanese 
    ancestry which was established during World War II in the interests 
    of national security pursuant to--
            (i) Executive Order Numbered 9066, dated February 19, 1942;
            (ii) section 67 of the Act entitled ``An Act to provide a 
        government for the Territory of Hawaii'', approved April 30, 
        1900 (chapter 339, Fifty-sixth Congress; 31 Stat. 153);
            (iii) Executive Order Numbered 9489, dated October 18, 1944;
            (iv) sections 4067 through 4070 of the Revised Statutes of 
        the United States; or
            (v) any other statute, rules, regulation, or order; or

        (C) is of Aleut ancestry and while a citizen of the United 
    States was interned or otherwise detained in, or relocated to any 
    camp, installation, or other facility in the Territory of Alaska 
    which was established during World War II for the purpose of the 
    internment, detention, or relocation of Aleuts pursuant to any 
    statute, rule, regulation, or order;

shall be allowed credit (as civilian service) for any period during 
which such employee or Member was so interned or otherwise detained 
after such employee became 18 years of age.
    (2) For the purpose of this subsection, ``World War II'' means the 
period beginning on December 7, 1941, and ending on December 31, 1946.
    (m)(1) Upon application to the Office of Personnel Management, any 
individual who is an employee on the date of the enactment of this 
subsection, and who has on such date or thereafter acquires 5 years or 
more of creditable civilian service under this section (exclusive of 
service for which credit is allowed under this subsection) shall be 
allowed credit (as service as a Congressional employee) for service 
before the date of the enactment of this subsection while employed by 
the Democratic Senatorial Campaign Committee, the Republican Senatorial 
Campaign Committee, the Democratic National Congressional Committee, or 
the Republican National Congressional Committee, if--
        (A) such employee has at least 4 years and 6 months of service 
    on such committees as of December 12, 1980; and
        (B) such employee makes a deposit to the Fund in an amount equal 
    to the amount which would be required under section 8834(c) of this 
    title if such service were service as a Congressional employee.

    (2) Upon application to the Office of Personnel Management, any 
individual who was an employee on the date of enactment of this 
paragraph, and who has on such date or thereafter acquires 5 years or 
more of creditable civilian service under this section (exclusive of 
service for which credit is allowed under this subsection) shall be 
allowed credit (as service as a congressional employee) for service 
before December 31, 1990, while employed by the Democratic Senatorial 
Campaign Committee, the Republican Senatorial Campaign Committee, the 
Democratic National Congressional Committee, or the Republican National 
Congressional Committee, if--
        (A) such employee has at least 4 years and 6 months of service 
    on such committees as of December 31, 1990; and
    (B) such employee makes a deposit to the Fund in an amount equal to 
the amount which would be required under section 8334(c) if such service 
were service as a congressional employee.

    (3) The Office shall accept the certification of the President of 
the Senate (or his designee) or the Speaker of the House (or his 
designee), as the case may be, concerning the service of, and the amount 
of compensation received by, an employee with respect to which credit is 
to be sought under this subsection.
    (4) An individual receiving credit for service for any period under 
this subsection shall not be granted credit for such service under the 
provisions of the Social Security Act.
    (n) Any employee who--
        (1) served in a position in which the employee was excluded from 
    coverage under this subchapter because the employee was covered 
    under a retirement system established under section 10 of the 
    Federal Reserve Act; and
        (2) transferred without a break in service to a position to 
    which the employee was appointed by the President, with the advice 
    and consent of the Senate, and in which position the employee is 
    subject to this subchapter,

shall be treated for all purposes of this subchapter as if any service 
that would have been creditable under the retirement system established 
under section 10 of the Federal Reserve Act was service performed while 
subject to this subchapter if any employee and employer deductions, 
contributions or rights with respect to the employee's service are 
transferred from such retirement system to the Fund.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 567; Pub. L. 90-83, Sec. 1(73), 
Sept. 11, 1967, 81 Stat. 214; Pub. L. 90-486, Sec. 5(a), Aug. 13, 1968, 
82 Stat. 757; Pub. L. 91-177, title I, Sec. 112(a), Dec. 30, 1969, 83 
Stat. 831; Pub. L. 91-510, title IV, Sec. 442(b), Oct. 26, 1970, 84 
Stat. 1191; Pub. L. 91-658, Sec. 1, Jan. 8, 1971, 84 Stat. 1961; Pub. L. 
92-297, Sec. 7(1), May 16, 1972, 86 Stat. 144; Pub. L. 92-454, Sec. 1, 
Oct. 2, 1972, 86 Stat. 760; Pub. L. 93-113, title VI, Sec. 602, Oct. 1, 
1973, 87 Stat. 417; Pub. L. 94-183, Sec. 2(32), (33), (39), Dec. 31, 
1975, 89 Stat. 1058, 1059; Pub. L. 95-382, Sec. 1(a), Sept. 22, 1978, 92 
Stat. 727; Pub. L. 95-454, title IX, Sec. 906(a)(2), (3), Oct. 13, 1978, 
92 Stat. 1224; Pub. L. 96-54, Sec. 2(a)(48), Aug. 14, 1979, 93 Stat. 
384; Pub. L. 96-465, title II, Sec. 2313, Oct. 17, 1980, 94 Stat. 2167; 
Pub. L. 96-523, Sec. 4(a), Dec. 12, 1980, 94 Stat. 3040; Pub. L. 97-164, 
title II, Sec. 207(a), Apr. 2, 1982, 96 Stat. 54; Pub. L. 97-253, title 
III, Sec. 306(b), (c), Sept. 8, 1982, 96 Stat. 795, 796; Pub. L. 97-346, 
Sec. 3(a), (b), Oct. 15, 1982, 96 Stat. 1647; Pub. L. 98-51, title I, 
Sec. 111(2), July 14, 1983, 97 Stat. 269; Pub. L. 89-702, title II, 
Sec. 209(a)-(e), as added Pub. L. 98-129, Sec. 2, Oct. 14, 1983, 97 
Stat. 843; Pub. L. 98-369, div. B, title II, Sec. 2208(a), July 18, 
1984, 98 Stat. 1060; Pub. L. 99-251, title II, Sec. 202, Feb. 27, 1986, 
100 Stat. 23; Pub. L. 99-335, title II, Sec. 207(g), June 6, 1986, 100 
Stat. 595; Pub. L. 99-556, title V, Sec. 502(a), Oct. 27, 1986, 100 
Stat. 3140; Pub. L. 99-638, Sec. 2(b)(2), Nov. 10, 1986, 100 Stat. 3536; 
Pub. L. 100-204, title V, Sec. 503, Dec. 22, 1987, 101 Stat. 1383; Pub. 
L. 101-530, Sec. 1, Nov. 6, 1990, 104 Stat. 2338; Pub. L. 102-83, 
Sec. 5(c)(2), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102-242, title IV, 
Sec. 466(a), Dec. 19, 1991, 105 Stat. 2384; Pub. L. 102-378, Sec. 2(58), 
Oct. 2, 1992, 106 Stat. 1354; Pub. L. 103-82, title III, Sec. 371(a)(1), 
title IV, Sec. 405(b), Sept. 21, 1993, 107 Stat. 909, 921; Pub. L. 103-
337, div. A, title XVI, Sec. 1677(a)(3), Oct. 5, 1994, 108 Stat. 3019; 
Pub. L. 104-186, title II, Sec. 215(11), Aug. 20, 1996, 110 Stat. 1746; 
Pub. L. 104-201, div. A, title VI, Sec. 637(a), Sept. 23, 1996, 110 
Stat. 2580; Pub. L. 106-57, title III, Sec. 312, Sept. 29, 1999, 113 
Stat. 428; Pub. L. 106-554, Sec. 1(a)(4) [div. A, Sec. 901(a)(1)], Dec. 
21, 2000, 114 Stat. 2763, 2763A-195.)

                      Historical and Revision Notes
                                1966 Act
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
                     5 U.S.C. 2253 (less (f) and   July 31, 1956, ch.
                      (g)).                         804, Sec.  401
                                                    ``Sec. 3 (less (f)
                                                    and (g))'', 70 Stat.
                                                    745.
                     ............................  Aug. 1, 1956, ch.
                                                    837, Sec.  409, 70
                                                    Stat. 877.
                     ............................  June 17, 1957, Pub.
                                                    L. 85-56, Sec.
                                                    2201(2), 71 Stat.
                                                    157.
                     ............................  Sept. 2, 1958, Pub.
                                                    L. 85-857, Sec.
                                                    13(c), 72 Stat.
                                                    1264.
                     ............................  Sept. 21, 1959, Pub.
                                                    L. 86-306, Sec.  1,
                                                    73 Stat. 583.
                     ............................  Sept. 22, 1961, Pub.
                                                    L. 87-293, Sec.  21,
                                                    75 Stat. 623.
                     5 U.S.C. 2252(g) (2d          July 31, 1956, ch.
                      sentence).                    804, Sec.  401
                                                    ``Sec. 2(g) (2d
                                                    sentence)'', 70
                                                    Stat. 745.
                     5 U.S.C. 2252(h)(2), (3).     July 1, 1960, Pub. L.
                                                    86-568, Sec.
                                                    115(b)(1) ``(h)(2),
                                                    (3)'', 74 Stat. 302.
                     ............................  Oct. 4, 1961, Pub. L.
                                                    87-350, Sec.  2(a),
                                                    75 Stat. 770.
                     5 U.S.C. 1054 (less 1st 27    Aug. 4, 1947, ch.
                      words).                       452, Sec.  5 (less
                                                    1st 27 words), 61
                                                    Stat. 728.
                     22 U.S.C. 2504(f) (as         Sept. 22, 1961, Pub.
                      applicable to the Civil       L. 87-293, Sec.
                      Service Retirement Act, as    5(f) (as applicable
                      amended).                     to the Civil Service
                                                    Retirement Act, as
                                                    amended), 75 Stat.
                                                    614.
                     ............................  Dec. 13, 1963, Pub.
                                                    L. 88-200, Sec.
                                                    2(c) (as applicable
                                                    to the Civil Service
                                                    Retirement Act, as
                                                    amended), 77 Stat.
                                                    359.
------------------------------------------------------------------------

    The section is reorganized for clarity.
    Subsection (b)(B) is added on authority of section 2522(e) of title 
22.
    In subsection (c)(1)(B), the words ``as that term is defined by 
section 301 of title 38'' are coextensive with and substituted for ``as 
that term is used in chapter 11 of Title 38''.
    In subsection (c)(2), the words ``under chapter 67 of title 10'' are 
substituted for ``title III of Public Law 810, Eightieth Congress'' on 
authority of the Act of Aug. 10, 1956, ch. 104, Sec. 49(b), 70A Stat. 
640.
    In subsection (f), the words ``without pay'' are added after 
``leaves of absence'' in the first sentence for clarity and to align it 
with the use of the term in the second sentence. The words ``postal 
field service'' are coextensive with and substituted for ``postal 
service''.
    In subsection (g), the words ``has left'' are omitted as executed.
    In subsection (i), the words ``but nothing contained in this chapter 
[chapter 30 of title 5] shall affect, otherwise than for the purposes of 
this chapter, the basis, under applicable law other than this chapter, 
on which such United States Commissioner is employed or on which his 
compensation is determined and paid'' are omitted from the last sentence 
as surplusage as there is nothing in the chapter that can reasonably be 
construed to affect that basis other than for the purposes of the 
chapter.
    In subsection (j), the words ``or section 2504(f) of Title 22'' are 
omitted as unnecessary since the provisions of that section applicable 
to this subchapter are carried into subsection (b). The last sentence is 
added on authority of section 2522(e) of title 22.
    Standard changes are made to conform with the definitions applicable 
and the style of this title as outlined in the preface to the report.

                                1967 Act
------------------------------------------------------------------------
                                                    Source (Statutes at
 Section of title 5       Source (U.S. Code)               Large)
------------------------------------------------------------------------
8332(k)(1).........  5 App.: 2253(k)(1).           July 18, 1966, Pub.
8332(k)(2).........  5 App.: 2253(k)(2).            L. 89-504, Sec.
                                                    503, 80 Stat. 300.
------------------------------------------------------------------------

    In subsection (k)(1), the words ``as defined by section 8331(1) of 
this title'' are substituted for ``as defined in section 1(a) of this 
Act''. The words ``occurring after July 17, 1966'' are substituted for 
``occurring on or after date of enactment of this subsection''. The 
words ``notwithstanding the second sentence of subsection (f) of this 
section'' are substituted for ``notwithstanding the provisions of the 
second sentence of section 3(c) of this Act''. The last sentence is 
substituted for the second sentence of former subsection (k)(1) to 
reflect the current effect of the subsection with regard to those 
employees who were on leave without pay on July 18, 1966, and who filed 
a similar election within the time prescribed by that sentence.
    In subsection (k)(2), the words ``before July 18, 1966'' are 
substituted for ``prior to the date of enactment of this subsection''. 
The words ``as defined by section 8331(1) of this title'' are 
substituted for ``as defined in section 1(a) of this Act''. The second 
sentence is substituted for ``and may receive full retirement credit for 
such period or periods of leave without pay''. The words ``If the 
employee dies'' are substituted for ``In the event of his death''. The 
words ``as defined by section 8331(10) of this title'' are substituted 
for ``as defined in section 1(o) of this Act''. In the last sentence, 
the words ``described in this paragraph'' following ``If the deposit'' 
are omitted as unnecessary. The words ``the second sentence of 
subsection (f) of this section'' are substituted for ``the second 
sentence of section 3(c) of this Act''.

                       References in Text

    The Economic Opportunity Act of 1964, referred to in subsecs. (b)(7) 
and (j)(1), (3), is Pub. L. 88-452, Aug. 20, 1964, 73 Stat. 508, as 
amended, which was classified generally to chapter 34 (Sec. 2701 et 
seq.) of Title 42, The Public Health and Welfare, prior to repeal, 
except for titles VIII and X, by Pub. L. 97-35, title VI, Sec. 683(a), 
Aug. 13, 1981, 95 Stat. 519. Titles VIII and X of the Act are classified 
generally to subchapters VIII (Sec. 2991 et seq.) and X (Sec. 2996 et 
seq.) of chapter 34 of Title 42. Part A of title VIII of that Act is 
part A of title VIII of Pub. L. 88-452 as added by Pub. L. 90-222, title 
I, Sec. 110, Dec. 23, 1967, 81 Stat. 722, which was classified generally 
to part A (Sec. 2992 et seq.) of subchapter VIII of chapter 34 of Title 
42, prior to its repeal by Pub. L. 93-113, title VI, Sec. 603, Oct. 1, 
1973, 87 Stat. 417. See sections 4951 et seq. and 5055 of Title 42. For 
complete classification of this Act to the Code, see Tables.
    Parts A, B, and C of title I of the Domestic Volunteer Service Act 
of 1973, referred to in subsecs. (b)(7) and (j)(1), (3), are classified 
to part A (Sec. 4951 et seq.), part B (Sec. 4971 et seq.), and part C 
(Sec. 4991 et seq.), respectively, of subchapter I of chapter 66 of 
Title 42.
    Section 410 of the Foreign Service Act of 1980, referred to in 
subsec. (b)(10), is classified to section 3970 of Title 22, Foreign 
Relations and Intercourse.
    The effective date of this paragraph, referred to in subsec. 
(b)(13), is Jan. 3, 1978, the effective date of section 111(2) of Pub. 
L. 98-51. See Effective Date of 1983 Amendment note below.
    The effective date of this paragraph, referred to in subsec. 
(b)(14), is Oct. 14, 1983, the date of enactment of Pub. L. 98-129.
    The date of the enactment of the Nonappropriated Fund 
Instrumentalities Employees' Retirement Credit Act of 1986, referred to 
in subsec. (b)(16), is the date of enactment of section 2 of Pub. L. 99-
638, which was approved Nov. 10, 1986.
    Chapter 67 of that title as in effect before the effective date of 
the Reserve Officer Personnel Management Act, referred to in subsec. 
(c)(2)(B), means chapter 67 (Sec. 1331 et seq.) of Title 10, Armed 
Forces, prior to its transfer to part II of subtitle E of Title 10, its 
renumbering as chapter 1223, and its general revision by section 
1662(j)(1) of Pub. L. 103-337. A new chapter 67 (Sec. 1331) of Title 10 
was added by section 1662(j)(7) of Pub. L. 103-337. For effective date 
of the Reserve Officer Personnel Management Act (Pub. L. 103-337, title 
XVI), see section 1691 of Pub. L. 103-337, set out as an Effective Date 
note under section 10001 of Title 10.
    The Peace Corps Act, referred to in subsec. (j)(3), is Pub. L. 87-
293, Sept. 22, 1961, 75 Stat. 612, as amended, which is classified 
principally to chapter 34 (Sec. 2501 et seq.) of Title 22, Foreign 
Relations and Intercourse. For complete classification of this Act to 
the Code, see Short Title note set out under section 2501 of Title 22 
and Tables.
    Section 67 of the Act entitled ``An Act to provide a government for 
the Territory of Hawaii'', approved April 30, 1900 (chapter 339, Fifty-
sixth Congress; 31 Stat. 153), referred to in subsec. (l)(1)(B)(ii), 
formerly classified to section 532 of Title 48, Territories and Insular 
Possessions, was omitted from such Title following the statehood of 
Hawaii.
    Sections 4067 through 4070 of the Revised Statutes, referred to in 
subsec. (l)(1)(B)(iv), are classified to sections 21 through 24 of Title 
50, War and National Defense.
    The date of enactment of this subsection, referred to in subsec. 
(m)(1), means the date of enactment of Pub. L. 96-523 which was approved 
Dec. 12, 1980.
    The date of enactment of this paragraph, referred to in subsec. 
(m)(2), is the date of enactment of Pub. L. 106-554, which was approved 
Dec. 21, 2000.
    The Social Security Act, referred to in subsec. (m)(4), is act Aug. 
14, 1935, ch. 531, 49 Stat. 620, as amended, which is classified 
generally to chapter 7 (Sec. 301 et seq.) of Title 42, The Public Health 
and Welfare. For complete classification of this Act to the Code, see 
section 1305 of Title 42 and Tables.
    Section 10 of the Federal Reserve Act, referred to in subsec. (n), 
is section 10 of act Dec. 23, 1913, ch. 6, 38 Stat. 260, as amended. For 
classification of section 10 to the Code, see Codification note set out 
under section 241 of Title 12, Banks and Banking, and Tables.


                               Amendments

    2000--Subsec. (m)(2) to (4). Pub. L. 106-554 added par. (2) and 
redesignated former pars. (2) and (3) as (3) and (4), respectively.
    1999--Subsec. (m)(1)(A). Pub. L. 106-57 amended subpar. (A) 
generally. Prior to amendment, subpar. (A) read as follows: ``such 
employee has at least 5 years service on such committees as of the 
effective date of this section, and''.
    1996--Subsec. (b). Pub. L. 104-186 substituted ``Chief 
Administrative Officer'' for ``Clerk'' in fourth sentence of concluding 
provisions.
    Subsec. (c)(1). Pub. L. 104-201, Sec. 637(a)(2), in introductory 
provisions, substituted ``Except as provided in paragraphs (2) and (4)'' 
for ``Except as provided in paragraph (2)''.
    Subsec. (c)(4). Pub. L. 104-201, Sec. 637(a)(1), added par. (4).
    1994--Subsec. (c)(2)(B). Pub. L. 103-337 substituted ``chapter 1223 
of title 10 (or under chapter 67 of that title as in effect before the 
effective date of the Reserve Officer Personnel Management Act)'' for 
``chapter 67 of title 10''.
    1993--Subsec. (j)(1). Pub. L. 103-82, Sec. 405(b), which directed 
that ``the Chief Executive Officer of the Corporation for National and 
Community Service'' be substituted for ``the Director of ACTION'', could 
not be executed because ``the Director of ACTION'' does not appear in 
text.
    Pub. L. 103-82, Sec. 371(a)(1)(A)(i), in first sentence inserted 
``the period of an individual's service as a full-time volunteer 
enrolled in a program of at least 1 year's duration under part A, B, or 
C of title I of the Domestic Volunteer Service Act of 1973,'' after 
``Economic Opportunity Act of 1964,''.
    Pub. L. 103-82, Sec. 371(a)(1)(A)(ii), in second sentence inserted 
``, as a full-time volunteer enrolled in a program of at least 1 year's 
duration under part A, B, or C of title I of the Domestic Volunteer 
Service Act of 1973,'' after ``Economic Opportunity Act of 1964''.
    Pub. L. 103-82, Sec. 371(a)(1)(A)(iii), in last sentence inserted 
``or under part A, B, or C of title I of the Domestic Volunteer Service 
Act of 1973'' after ``Economic Opportunity Act of 1964'', and inserted 
``or the Chief Executive Officer of the Corporation for National and 
Community Service, as appropriate,'' after ``Director of the Office of 
Economic Opportunity''.
    Subsec. (j)(3). Pub. L. 103-82, Sec. 371(a)(1)(B), added par. (3).
    1992--Subsec. (b). Pub. L. 102-378 substituted ``paragraph (16)'' 
for ``paragrpah (16)''.
    1991--Subsec. (c)(2)(A)(ii). Pub. L. 102-83 substituted ``section 
1101 of title 38'' for ``section 301 of title 38''.
    Subsec. (n). Pub. L. 102-242 added subsec. (n).
    1990--Subsec. (b). Pub. L. 101-530 struck out at beginning of last 
paragraph ``service referred to in paragraph (6) is allowable only in 
the case of persons performing service under section 709 of title 32 
after December 31, 1968.''
    1987--Subsec. (b). Pub. L. 100-204 inserted ``, and the Secretary of 
State with respect to the Asia Foundation and the Secretary of Defense 
with respect to the Armed Forces Network, Europe (AFN-E),'' after 
``Board for International Broadcasting'' in last paragraph.
    1986--Subsec. (b). Pub. L. 99-638 which directed the amendment of 
subchapter (b) of section 8332 by adding par. (16) and closing provision 
relating to acceptance by the Office of Personnel Management of the 
certification of a nonappropriated fund instrumentality concerning 
service of the type described in par. (16) was executed to subsec. (b) 
of this section, as the probable intent of Congress.
    Pub. L. 99-335, Sec. 207(g)(1)(C), (D), substituted ``paragraph 
(14)'' for ``paragraph (13)'' in second sentence following par. (15), 
and inserted last sentence providing that for purposes of this 
subchapter, service of the type described in par. (15) of this 
subsection shall be considered Member service.
    Subsec. (b)(13) to (15). Pub. L. 99-335, Sec. 207(g)(1)(A), (B), 
redesignated the par. (13), relating to service credits for Pribilof 
Island Natives for taking and curing of fur seal skins and other 
activities, as par. (14), and added par. (15).
    Subsec. (c)(3). Pub. L. 99-556 added par. (3).
    Subsec. (f). Pub. L. 99-335, Sec. 207(g)(2), substituted ``paragraph 
(14)'' for ``paragraph (13)''.
    Subsec. (j)(1). Pub. L. 99-251 substituted ``spouse, former spouse'' 
for ``widow'' wherever appearing.
    Subsec. (k). Pub. L. 99-335, Sec. 207(g)(3), which directed the 
substitution of ``third'' for ``second'' in last sentence of par. (1), 
was executed by substituting ``third'' for ``second'' in penultimate 
sentence of par. (1) and last sentence of par. (2) as the probable 
intent of Congress.
    1984--Subsec. (b)(13). Pub. L. 98-369 inserted in the par. (13) 
added by Pub. L. 98-129 ``, and regardless of whether the Native who 
performs the service retires before, on, or after the effective date of 
this paragraph''.
    1983--Subsec. (b). Pub. L. 98-129 substituted ``Except as provided 
in paragraph (13) of this subsection, credit'' for ``Credit'' in 
provisions preceding par. (1), and inserted in provisions immediately 
following par. (13) the sentence providing that the Office of Personnel 
Management shall accept the certification of the Secretary of Commerce 
or his designee concerning service for the purpose of this subchapter of 
the type performed by an employee named by par. (13) of this subsection.
    Pub. L. 98-51, Sec. 111(2)(D), inserted in provisions immediately 
following par. (13) the sentence providing that the Office of Personnel 
Management shall accept the certification of the Clerk of the House of 
Representatives concerning service for the purpose of this subchapter of 
the type described in par. (13) of this subsection.
    Subsec. (b)(13). Pub. L. 98-129 added a par. (13) relating to 
service performed by Pribilof Island Natives.
    Pub. L. 98-51, Sec. 111(2)(A)-(C), added a par. (13) relating to 
service by a person as an employee of the House Beauty Shop.
    Subsec. (f). Pub. L. 98-129 inserted ``and service described in 
paragraph (13) of subsection (b) of this section,'' after ``postal field 
service''.
    Subsec. (l)(1)(C). Pub. L. 98-129 added subpar. (C).
    1982--Subsec. (b)(12). Pub. L. 97-164 added par. (12).
    Subsec. (c). Pub. L. 97-253, Sec. 306(b), designated existing first 
sentence as par. (1), inserted provision differentiating between 
individuals who become employees or Members before Oct. 1, 1982, and 
those who become so on or after Oct. 1, 1982, and designated existing 
second sentence as par. (2) with accommodating redesignations of 
paragraphs and subparagraphs as subparagraphs and clauses accordingly.
    Subsec. (c)(1)(A). Pub. L. 97-346, Sec. 3(a), substituted ``period'' 
for ``month''.
    Subsec. (c)(1)(B). Pub. L. 97-346, Sec. 3(b), redesignated 
provisions following ``shall include credit for'' as cl. (i), 
substituted ``each period of military service performed before January 
1, 1957, and'' for ``each month of military service (performed before 
the date of the separation on which the entitlement to an annuity under 
this subchapter is based) only if a deposit with interest, if any, is 
made with respect to that month, as provided in section 8334(j) of this 
title'', and added cl. (2).
    Subsec. (j). Pub. L. 97-253, Sec. 306(c), redesignated existing 
provisions as par. (1) and added par. (2).
    Subsec. (j)(2)(A). Pub. L. 97-346, Sec. 3(a), substituted ``period'' 
for ``month''.
    1980--Subsec. (b)(10), (11). Pub. L. 96-465 added pars. (10) and 
(11) and last sentence relating to acceptance by the Office of Personnel 
Management of the certification of the Executive Director of the Board 
for International Broadcasting.
    Subsec. (m). Pub. L. 96-523 added subsec. (m).
    1979--Subsec. (b). Pub. L. 96-54, Sec. 2(a)(48)(B), substituted 
``after December 31, 1968'' for ``United States Code, on or after the 
effective date of the National Guard Technicians Act of 1968'' in last 
sentence.
    Subsec. (b)(6). Pub. L. 96-54, Sec. 2(a)(48)(A), struck out ``, 
United States Code'' after ``32''.
    1978--Subsecs. (b), (j). Pub. L. 95-454 substituted ``Office of 
Personnel Management'' and ``Office'' for ``Civil Service Commission'' 
and ``Commission'', respectively, wherever appearing.
    Subsec. (l). Pub. L. 95-382 added subsec. (l).
    1975--Subsec. (b)(7). Pub. L. 94-183, Sec. 2(39), struck out ``(--
U.S.C.--)'' after ``Domestic Volunteer Service Act of 1973''.
    Subsec. (b)(8). Pub. L. 94-183, Sec. 2(32), substituted ``after 
February 18, 1929, and before noon on January 3, 1971'' for ``on and 
after February 19, 1929, and prior to the effective date of section 442 
of the Legislative Reorganization Act of 1970''.
    Subsec. (b)(9). Pub. L. 94-183, Sec. 2(33), substituted ``8339(i)'' 
for ``8339(h)''.
    1973--Subsec. (b)(7). Pub. L. 93-113 included period of service of a 
full-time volunteer enrolled in a program of at least one year's 
duration under part A, B, or C of title I of the Domestic Volunteer 
Service Act of 1973.
    1972--Subsec. (b). Pub. L. 92-454 added par. (9).
    Pub. L. 92-297 substituted ``8339(i)'' for ``8339(h)'' in pars. (3) 
and (8).
    1971--Subsec. (f). Pub. L. 91-658 provided for leave-without-pay 
status for retirement purposes of employees or former employees who 
return to duty after a period of separation during which compensation 
benefits were received.
    1970--Subsec. (b). Pub. L. 91-510 added par. (8) and provision for 
Civil Service Commission acceptance of certification of Capitol Guide 
Board concerning service for purpose of this subchapter, respectively.
    1969--Subsec. (b)(7). Pub. L. 91-177, Sec. 112(a)(1), added par. 
(7).
    Subsec. (j). Pub. L. 91-177, Sec. 112(a)(2), excluded period of an 
individual's services as a VISTA volunteer under part A of subchapter 
VIII of title 42, from aggregate period of service determining annuity 
payments.
    Pub. L. 91-177, Sec. 112(a)(3), inserted provision for computation 
of period of service of a VISTA volunteer under part A of subchapter 
VIII of title 42.
    1968--Subsec. (b). Pub. L. 90-486 added par. (6), and provisions 
that service referred to in par. (6) is allowable only in the case of 
persons performing service under section 709 of title 32, on or after 
the specified effective date.

                         Change of Name

    Secretary of Health, Education, and Welfare redesignated Secretary 
of Health and Human Services by section 3508 of Title 20, Education.


                    Effective Date of 1996 Amendment

    Section 637(c) of Pub. L. 104-201 provided that: ``The amendments 
made by subsections (a) and (b) [amending this section and section 8411 
of this title] shall take effect on January 1, 1997.''


                    Effective Date of 1994 Amendment

    Amendment by Pub. L. 103-337 effective Dec. 1, 1994, except as 
otherwise provided, see section 1691 of Pub. L. 103-337, set out as an 
Effective Date note under section 10001 of Title 10, Armed Forces.


                    Effective Date of 1993 Amendment

    Section 371(c) of Pub. L. 103-82 provided that:
    ``(1) Applicability.--
        ``(A) Amendments relating to csrs.--
            ``(i) In general.--The amendments made by subsection (a) 
        [amending this section and section 8334 of this title] shall 
        apply with respect to any individual entitled to an annuity on 
        the basis of a separation from service occurring on or after the 
        effective date of this subtitle [Oct. 1, 1993].
            ``(ii) Rules relating to annuities based on earlier 
        separations.--An annuity under subchapter III of chapter 83 of 
        title 5, United States Code, payable to an individual based on a 
        separation from service occurring before the effective date of 
        this subtitle shall be subject to the provisions of paragraph 
        (2).
        ``(B) Amendments relating to fers.--
            ``(i) In general.--The amendments made by subsection (b) 
        [amending sections 8411 and 8422 of this title] shall apply with 
        respect to any individual entitled to an annuity on the basis of 
        a separation from service occurring before, on, or after the 
        effective date of this subtitle [Oct. 1, 1993], subject to 
        clause (ii).
            ``(ii) Rule relating to annuities based on earlier 
        separations.--In the case of any individual whose entitlement to 
        an annuity is based on a separation from service occurring 
        before the effective date of this subtitle, any increase in such 
        individual's annuity on the basis of a deposit made under 
        section 8442(f) of title 5, United States Code, as amended by 
        subsection (b)(2), shall be effective beginning with the annuity 
        payment payable for the first calendar month beginning after the 
        effective date of this subtitle.
    ``(2) Special rules.--
        ``(A) Old-age or survivors insurance benefits.--Subject to 
    subparagraph (B), in any case in which an individual described in 
    paragraph (1)(A)(ii) is also entitled to old-age or survivors 
    insurance benefits under section 202 of the Social Security Act [42 
    U.S.C. 402] (or would be entitled to such benefits upon filing an 
    application therefor), the amount of the annuity to which such 
    individual is entitled under subchapter III of chapter 83 of title 
    5, United States Code (after taking into account any creditable 
    service as a volunteer or volunteer leader under the Economic 
    Opportunity Act of 1964 [42 U.S.C. 2701 et seq.], the Domestic 
    Volunteer Service Act of 1973 [42 U.S.C. 4950 et seq.], or the Peace 
    Corps Act [22 U.S.C. 2501 et seq.]) which is payable for any month 
    shall be reduced by an amount determined by multiplying the amount 
    of such old-age or survivors insurance benefit for the determination 
    month by a fraction--
            ``(i) the numerator of which is the total of the wages 
        (within the meaning of section 209 of the Social Security Act 
        [42 U.S.C. 409]) for service as a volunteer or volunteer leader 
        under the Economic Opportunity Act of 1964, the Domestic 
        Volunteer Service Act of 1973, or the Peace Corps Act of such 
        individual credited for years before the calendar year in which 
        the determination month occurs, up to the contribution and 
        benefit base determined under section 230 of the Social Security 
        Act [42 U.S.C. 430] (or other applicable maximum annual amount 
        referred to in section 215(e)(1) of such Act [42 U.S.C. 
        415(e)(1)] for each such year); and
            ``(ii) the denominator of which is the total of all wages 
        described in clause (i), plus all other wages (within the 
        meaning of section 209 of such Act [42 U.S.C. 409]) and all 
        self-employment income (within the meaning of section 211(b) of 
        such Act [42 U.S.C. 411(b)]) of such individual credited for 
        years after 1936 and before the calendar year in which the 
        determination month occurs, up to the contribution and benefit 
        base (or such other amount referred to in section 215(e)(1) of 
        such Act [42 U.S.C. 415(e)(1)] for each such year.
        ``(B) Limitations.--
            ``(i) Reduction in annuity.--Subparagraph (A) shall not 
        reduce the annuity of an individual below the amount of the 
        annuity which would be payable to the individual for the 
        determination month if the provisions of section 8332(j) of 
        title 5, United States Code, relating to service as a volunteer 
        or volunteer leader, applied to the individual for such month.
            ``(ii) Application.--Subparagraph (A) shall not apply in the 
        case of an individual who, prior to the date of enactment of 
        this Act [Sept. 21, 1993], made a deposit under section 8334(c) 
        of title 5, United States Code, with respect to service as a 
        volunteer or volunteer leader (as described in subparagraph 
        (A)).
            ``(iii) Determination month.--For purposes of this 
        paragraph, the term `determination month' means--
                ``(I) the first month the individual described in 
            paragraph (1)(A)(ii) is entitled to old-age or survivors 
            benefits under section 202 of the Social Security Act [42 
            U.S.C. 402] (or would be entitled to such benefits upon 
            filing an application therefor); or
                ``(II) the first calendar month beginning after the date 
            of enactment of this Act [Sept. 21, 1993], in the case of 
            any individual entitled to such benefits for such month.
            ``(iv) Rule relating to annuities based on earlier 
        separations.--Any increase in an annuity which occurs by virtue 
        of the enactment of this paragraph shall be effective beginning 
        with the annuity payment payable for the first calendar month 
        beginning after the effective date of this subtitle [Oct. 1, 
        1993].
    ``(3) Furnishing of information.--The Secretary of Health and Human 
Services shall furnish such information to the Office of Personnel 
Management as may be necessary to carry out this subsection.
    ``(4) Action to inform individuals.--The Director of the Office of 
Personnel Management shall take such action as may be necessary and 
appropriate to inform individuals entitled to credit under this section 
for service as a volunteer or volunteer leader, or to have any annuity 
recomputed, or to make a deposit under this section, of such 
entitlement.''
    Amendment by section 371(a)(1) of Pub. L. 103-82 effective Oct. 1, 
1993, see section 392 of Pub. L. 103-82, set out as a note under section 
4951 of Title 42, The Public Health and Welfare.
    Section 406(b) of Pub. L. 103-82 provided that: ``The amendments 
made by sections 404 and 405 [amending this section, section 558a of 
Title 16, Conservation, section 2501-1 of Title 22, Foreign Relations 
and Intercourse, section 1542 of Title 25, Indians, and sections 3012, 
3013, 3035a, 4950, 4953, 4995, 5025, 5043, 5048, 5056, 5061, 5065, 5590, 
5616, 6863, 11312, 11851, 12312, 12638, and 12653 of Title 42, and 
amending provisions set out as notes under section 1701z-6 of Title 12, 
Banks and Banking, and sections 4954 and 5001 of Title 42] shall take 
effect on the effective date of section 203(c)(2).'' [Section 203(c)(2) 
of Pub. L. 103-82 is effective Apr. 4, 1994, see section 203(d) of Pub. 
L. 103-82 and Proc. No. 6662, set out as notes under section 12651 of 
Title 42.]


                    Effective Date of 1991 Amendment

    Section 466(c) of Pub. L. 102-242 provided that: ``The amendment 
made by this section [amending this section and section 8411 of this 
title] shall apply with respect to any individual who transfers to a 
position in which he or she is subject to subchapter III of chapter 83 
or chapter 84 of title 5, United States Code, on or after October 1, 
1991.''


                    Effective Date of 1990 Amendment

    Section 3(a) of Pub. L. 101-530 provided that:
    ``(1) General rule.--
        ``(A) Eligibility.--Except as provided in paragraph (2), the 
    amendment made by section 1 [amending this section] applies only 
    with respect to individuals who--
            ``(i) separate from employment with the Government on or 
        after the date of enactment of this Act [Nov. 6, 1990]; and
            ``(ii) make an appropriate deposit, in accordance with 
        section 8334(c) or 8411(f) of title 5, United States Code (as 
        appropriate), for additional service that is creditable under 
        such amendment.
        ``(B) Deposit.--Any such deposit--
            ``(i) shall include interest, which shall be computed under 
        section 8334(e) of such title (except that the rate of interest 
        shall be 3 percent a year) from the midpoint of the period of 
        additional service to the date deposit is made; and
            ``(ii) shall be made before date of retirement.
    ``(2) Exception.--
        ``(A) Rule for individuals separating after december 31, 1968, 
    and before the enactment of this act.--In the case of any individual 
    who--
            ``(i) was employed under section 709 of title 32, United 
        States Code, relating to National Guard technicians, or any 
        prior corresponding provision of law, before January 1, 1969, 
        and
            ``(ii) was separated from employment with the Government on 
        or after January 1, 1969, and before the date of enactment of 
        this Act [Nov. 6, 1990],
    any annuity under subchapter III of chapter 83 or chapter 84 of 
    title 5, United States Code, based on such individual's service (as 
    defined in section 8331(12) or 8401(26) of such title, as 
    applicable) shall be determined or redetermined to take into account 
    the amendment made by section 1 [amending this section], if 
    application therefor is received by the Office of Personnel 
    Management within 1 year after the date of enactment of this Act, 
    and an appropriate deposit is made for any additional service that 
    is creditable under such amendment. Any such deposit shall be 
    computed, and must be paid either in a lump sum at the time of 
    application or in installments over the 2-year period which begins 
    on the date of application, or such shorter period as the Office may 
    by regulation prescribe.
        ``(B) Earlier payments not affected by recomputation.--Any 
    change in an annuity resulting from a redetermination under 
    subparagraph (A) shall apply only with respect to monthly payments 
    accruing after the date the deposit required under subparagraph (A) 
    is made (or, if payments are to be made in installments, after an 
    agreement has been entered into regarding the manner in which such 
    payments will be made).
    ``(3) Payment by survivors.--For the purpose of survivor annuities, 
any deposit or installment payment required by paragraph (1) or (2) 
relating to service of an individual may also be made by a survivor of 
such individual.''


                    Effective Date of 1986 Amendments

    Section 2(c) of Pub. L. 99-638 provided that: ``Notwithstanding any 
other provision of this Act [amending this section and section 2105 of 
this title and enacting provisions set out as notes under this section 
and section 8331 of this title] which specifies an effective date for 
amendments made by this Act, the amendments made by this section 
[amending this section and section 2105 of this title] shall take effect 
on the date of the enactment of this Act [Nov. 10, 1986].''
    Section 502(c) of Pub. L. 99-556 provided that:
    ``(1) The amendments made by this section [amending this section and 
section 8411 of this title] shall apply to a survivor of an employee or 
Member who dies on or after the 180th day after the date of the 
enactment of this Act [Oct. 27, 1986].
    ``(2) Upon application to the Office of Personnel Management, such 
amendments shall also apply to a survivor of an employee or Member whose 
date of death precedes such 180th day, except that any resulting 
recomputation shall not be effective for any period beginning before the 
60th day after the date on which the application is received.''
    Amendment by Pub. L. 99-335 effective Jan. 1, 1987, see section 
702(a) of Pub. L. 99-335, set out as an Effective Date note under 
section 8401 of this title.


                    Effective Date of 1984 Amendment

    Amendment by Pub. L. 98-369 effective Oct. 14, 1983, see section 
2208(c) of Pub. L. 98-369, set out as a note under section 1169a of 
Title 16, Conservation.


                    Effective Date of 1983 Amendment

    Section 111(2) of Pub. L. 98-51 provided that the amendment made by 
that section is effective Jan. 3, 1978.


                    Effective Date of 1982 Amendments

    Section 3(n) of Pub. L. 97-346 provided that: ``The amendments made 
by this section [amending this section and sections 8334, 8342, 8344, 
and 8348 of this title and provisions set out as notes under this 
section and sections 5504, 5532, 5728, 8331, 8334, and 8337 of this 
title] shall take effect as of the date of the enactment of the Omnibus 
Budget Reconciliation Act of 1982 [Sept. 8, 1982].''
    Amendment by Pub. L. 97-253 effective Oct. 1, 1982, except that any 
employee or Member who retired after Sept. 8, 1982, and before Oct. 1, 
1985, or is entitled to an annuity under chapter 83 of this title based 
on a separation from service occurring during such period, or a survivor 
of such individual, may make a payment under section 8334(j)(1) of this 
title, and regulations required to be issued under section 8334(j)(1) of 
this title, to be issued by the Office of Personnel Management within 90 
days after such effective date, see section 306(g) of Pub. L. 97-253, as 
amended, set out as a note under section 8331 of this title.
    Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section 402 
of Pub. L. 97-164, set out as a note under section 171 of Title 28, 
Judiciary and Judicial Procedure.


                    Effective Date of 1980 Amendments

    Section 4(b) of Pub. L. 96-523 provided that: ``The amendments made 
by this section [amending this section] shall take effect on the date of 
the enactment of this Act [Dec. 12, 1980].''
    Amendment by Pub. L. 96-465 effective Feb. 15, 1981, except as 
otherwise provided, see section 2403 of Pub. L. 96-465, set out as an 
Effective Date note under section 3901 of Title 22, Foreign Relations 
and Intercourse.


                    Effective Date of 1979 Amendment

    Amendment by Pub. L. 96-54 effective July 12, 1979, see section 2(b) 
of Pub. L. 96-54, set out as a note under section 305 of this title.


                    Effective Date of 1978 Amendment

    Amendment by Pub. L. 95-454 effective 90 days after Oct. 13, 1978, 
see section 907 of Pub. L. 95-454, set out as a note under section 1101 
of this title.


     Effective Date of 1978 Amendment; Applicability to Annuities; 
                              Recomputation

    Section 2 of Pub. L. 95-382 provided that:
    ``(a) The amendments made by this Act [amending this section and 
section 8334 of this title] shall take effect on the later of--
        ``(1) the date of the enactment of this Act [Sept. 22, 1978], or
        ``(2) October 1, 1978.
    ``(b) Subject to subsection (c) of this section, the amendments made 
by the first section of this Act [amending this section and section 8334 
of this title], shall apply with respect to annuities which commence 
before, on, or after the effective date of this Act, but no monetary 
benefit by reason of such amendments shall accrue for any period before 
such effective date.
    ``(c)(1) An annuity or survivor annuity based on the service of an 
employee or Member who performed service described in section 8332(l) of 
title 5, United States Code, as added by the first section of this Act, 
shall, upon application to the Civil Service Commission, be recomputed 
in accordance with such section 8332(l).
    ``(2) Any recomputation of an annuity under paragraph (1) shall 
apply with respect to months beginning more than 30 days after the date 
on which application for such recomputation is received in the 
Commission.
    ``(d)(1) The Civil Service Commission shall take such action as may 
be necessary and and appropriate to inform individuals entitled to have 
any service credited under section 8332(l) of title 5, United States 
Code, as added by the first section of this Act, or to have any annuity 
recomputed under subsection (c), of their entitlement to such credit or 
recomputation.
    ``(2) The Civil Service Commission shall, on request, assist any 
individual referred to in paragraph (1) in obtaining from any 
department, agency, or other instrumentality of the United States such 
information possessed by such instrumentality as may be necessary to 
verify the entitlement of such individual to have any service credited 
under such section 8332(l) or to have any annuity recomputed under 
subsection (c).
    ``(3) Any department, agency, or other instrumentality of the United 
States which possesses any information with respect to the internment or 
other detention of any employee or Member as described in such section 
8332(l) shall, at the request of the Commission, furnish such 
information to the Commission.''


                    Effective Date of 1972 Amendment

    Amendment by Pub. L. 92-297 effective on 90th day after May 16, 
1972, see section 10 of Pub. L. 92-297, set out as an Effective Date 
note under section 3381 of this title.


                    Effective Date of 1971 Amendment

    Section 5(a) of Pub. L. 91-658 provided that: ``The amendment made 
by the first section of this Act [amending this section] is effective 
only with respect to annuity accruing for full months beginning after 
the date of enactment of this Act [Jan. 8, 1971]; but any part of a 
period of separation referred to in such amendment in which the employee 
or former employee was receiving benefits under subchapter I of chapter 
81 of title 5, United States Code, or any earlier statute on which such 
subchapter is based shall be counted whether the employee returns to 
duty before, on, or after such date of enactment. With respect to any 
person retired before such date of enactment any such part of a period 
of separation shall be counted only upon application of the former 
employee.''


                    Effective Date of 1970 Amendment

    Amendment by Pub. L. 91-510 effective immediately prior to noon on 
Jan. 3, 1971, see section 601(1) of Pub. L. 91-510, set out as a note 
under section 72a of Title 2, The Congress.


                    Effective Date of 1969 Amendment

    Amendment by Pub. L. 91-177 effective as to all former volunteers 
employed by the United States Government on or after the effective date 
of Pub. L. 91-177 which was approved on Dec. 30, 1969, see section 
112(c) of Pub. L. 91-177.


                    Effective Date of 1968 Amendment

    Amendment by Pub. L. 90-486 effective Jan. 1, 1969, except that no 
deductions or withholding from salary which result shall commence before 
first day of first pay period that begins on or after Jan. 1, 1968, see 
section 11 of Pub. L. 90-486, set out as a note under section 709 of 
Title 32, National Guard.


                               Regulations

    Section 4 of Pub. L. 101-530 provided that: ``The Office of 
Personnel Management shall prescribe any regulations necessary for the 
implementation of this Act [amending this section, enacting provisions 
set out as a note above, and enacting and amending provisions set out as 
notes under section 709 of Title 32, National Guard].''


          Former Employees of Legislative Service Organizations

    Pub. L. 106-554, Sec. 1(a)(4) [div. A, Sec. 901(b)], Dec. 21, 2000, 
114 Stat. 2763, 2763A-196, provided that:
    ``(1) Service of employees of legislative service organizations.--
        ``(A) In general.--Subject to succeeding provisions of this 
    paragraph, upon application to the Office of Personnel Management in 
    such form and manner as the Office shall prescribe, any individual 
    who performed service as an employee of a legislative service 
    organization of the House of Representatives (as defined and 
    authorized in the One Hundred Third Congress) and whose pay was paid 
    in whole or in part by a source other than the Clerk Hire account of 
    a Member of the House of Representatives (other than an individual 
    described in paragraph (6)) shall be entitled--
            ``(i) to receive credit under the provisions of subchapter 
        III of chapter 83 or chapter 84 of title 5, United States Code 
        (whichever would be appropriate), as congressional employee 
        service, for all such service; and
            ``(ii) to have all pay for such service which was so paid by 
        a source other than the Clerk Hire account of a Member included 
        (in addition to any amounts otherwise included in basic pay) for 
        purposes of computing an annuity payable out of the Civil 
        Service Retirement and Disability Fund.
        ``(B) Deposit requirement.--In order to be eligible for the 
    benefits described in subparagraph (A), an individual shall be 
    required to pay into the Civil Service Retirement and Disability 
    Fund an amount equal to the difference between--
            ``(i) the employee contributions that were actually made to 
        such Fund under applicable provisions of law with respect to the 
        service described in subparagraph (A); and
            ``(ii) the employee contributions that would have been 
        required with respect to such service if the amounts described 
        in subparagraph (A)(ii) had also been treated as basic pay.
    The amount required under this subparagraph shall include interest, 
    which shall be computed under section 8334(e) of title 5, United 
    States Code.
        ``(C) Certain offsets required in order to prevent double 
    contributions and benefits.--In the case of any period of service as 
    an employee of a legislative service organization which constituted 
    employment for purposes of title II of the Social Security Act [42 
    U.S.C. 401 et seq.]--
            ``(i) any pay for such service (as described in subparagraph 
        (A)(ii)) with respect to which the deposit under subparagraph 
        (B) would otherwise be computed by applying the first sentence 
        of section 8334(a)(1) of title 5, United States Code, shall 
        instead be computed in a manner based on section 8334(k) of such 
        title; and
            ``(ii) any retirement benefits under subchapter III of 
        chapter 83 of title 5, United States Code, shall be subject to 
        offset (to reflect that portion of benefits under title II of 
        the Social Security Act [42 U.S.C. 401 et seq.] attributable to 
        pay referred to in subparagraph (A)) similar to that provided 
        for under section 8349 of such title.
    ``(2) Survivor annuitants.--For purposes of survivor annuities, an 
application authorized by this section may, in the case of an individual 
under paragraph (1) who has died, be made by a survivor of such 
individual.
    ``(3) Recomputation of annuities.--Any annuity or survivor annuity 
payable as of when an individual makes the deposit required under 
paragraph (1) shall be recomputed to take into account the crediting of 
service under such paragraph for purposes of amounts accruing for any 
period beginning on or after the date on which the individual makes the 
deposit.
    ``(4) Certification of speaker.--The Office of Personnel Management 
shall accept the certification of the Speaker of the House of 
Representatives (or the Speaker's designee) concerning the service of, 
and the amount of compensation received by, an employee with respect to 
whom credit is to be sought under this subsection.
    ``(5) Notification and other duties of the office of personnel 
management.--
        ``(A) Notice.--The Office of Personnel Management shall take 
    such action as may be necessary and appropriate to inform 
    individuals of any rights they might have as a result of enactment 
    of this subsection.
        ``(B) Assistance.--The Office shall, on request, assist any 
    individual in obtaining from any department, agency, or other 
    instrumentality of the United States any information in the 
    possession of such instrumentality which may be necessary to verify 
    the entitlement of such individual to have any service credited 
    under this subsection or to have an annuity recomputed under 
    paragraph (3).
        ``(C) Information.--Any department, agency, or other 
    instrumentality of the United States which possesses any information 
    with respect to an individual's performance of any service described 
    in paragraph (1) shall, at the request of the office, furnish such 
    information to the Office.
    ``(6) Exclusion of certain employees.--An individual is not eligible 
for credit under this subsection if the individual served as an employee 
of the House of Representatives for an aggregate period of 5 years or 
longer after the individual's final period of service as an employee of 
a legislative service organization of the House of Representatives.
    ``(7) Member defined.--In this subsection, the term `Member of the 
House of Representatives' includes a Delegate or Resident Commissioner 
to Congress.''


  Creditability of ICC Employee's Annual Leave for Purposes of Meeting 
         Minimum Eligibility Requirements for Immediate Annuity

    Pub. L. 104-88, title I, Sec. 105, Dec. 29, 1995, 109 Stat. 920, 
provided that:
    ``(a) In General.--An employee of the Interstate Commerce Commission 
who is separated from Government service pursuant to the abolition of 
that agency under section 101 [49 U.S.C. 701 note] shall, upon 
appropriate written application, be given credit, for purposes of 
determining eligibility for and computing the amount of any annuity 
under subchapter III of chapter 83 or chapter 84 of title 5, United 
States Code, for accrued annual leave standing to such employee's credit 
at the time of separation.
    ``(b) Limitation and Other Conditions.--Any regulations necessary to 
carry out this section shall be prescribed by the Office of Personnel 
Management. Such regulations shall include provisions--
        ``(1) defining the types of leave for which credit may be given 
    under this section (such definition to be similar to the 
    corresponding provisions of the regulations under section 
    351.608(c)(2) of title 5 of the Code of Federal Regulations, as in 
    effect on the date of the enactment of this Act [Dec. 29, 1995]);
        ``(2) limiting the amount of accrued annual leave which may be 
    used for the purposes specified in subsection (a) to the minimum 
    period of time necessary in order to permit such employee to attain 
    first eligibility for an immediate annuity under section 8336, 8412, 
    or 8414 of title 5, United States Code (in a manner similar to the 
    corresponding provisions of the regulations referred to in paragraph 
    (1));
        ``(3) under which contributions (or arrangements for the making 
    of contributions) shall be made so that--
            ``(A) employee contributions for any period of leave for 
        which retirement credit may be obtained under this section shall 
        be made by the employee; and
            ``(B) Government contributions with respect to such period 
        shall similarly be made by the Interstate Commerce Commission or 
        other appropriate officer or entity (out of appropriations 
        otherwise available for such contributions); and
        ``(4) under which subsection (a) shall not apply with respect to 
    an employee who declines a reasonable offer of employment in another 
    position in the Department of Transportation made under this Act 
    [see Tables for classification] or any amendment made by this Act.
    ``(c) Extinguishment of Eligibility for Lump-Sum Payment.--A lump-
sum payment under section 5551 of title 5, United States Code, shall not 
be payable with respect to any leave for which retirement credit is 
obtained under this section.''
    [Interstate Commerce Commission abolished and functions of 
Commission transferred, except as otherwise provided in Pub. L. 104-88, 
to Surface Transportation Board effective Jan. 1, 1996, by section 702 
of Title 49, Transportation, and section 101 of Pub. L. 104-88, set out 
as a note under section 701 of Title 49.]


  Creditability Under CSRS of Certain Service Performed Under Personal 
                   Service Contract With United States

    Pub. L. 100-238, title I, Sec. 110, Jan. 8, 1988, 101 Stat. 1749, 
provided that:
    ``(a) In General.--
        ``(1) Conditions for receiving credit.--Subject to the making of 
    a deposit under section 8334(c) of title 5, United States Code, upon 
    application to the Office of Personnel Management within 2 years 
    after the date of the enactment of this Act [Jan. 8, 1988], any 
    individual who is an employee (as defined by section 8331(1) or 
    8401(11) of such title) on such date shall be allowed credit under 
    subchapter III of chapter 83 of such title for any service if such 
    service was performed--
            ``(A) before November 5, 1985; and
            ``(B) under a personal service contract with the United 
        States, except as provided in paragraph (3).
        ``(2) Certification.--
            ``(A) In general.--The Office shall, with respect to any 
        service for which credit is sought under this subsection, accept 
        the certification of the head of the agency which was party to 
        the contract referred to in paragraph (1)(B), but only if such 
        certification--
                ``(i) states that the agency had intended, through such 
            contract, that the individual involved (or that persons like 
            the individual involved) be considered as having been 
            appointed to a position in which such individual would be 
            subject to subchapter III of chapter 83 of title 5, United 
            States Code; and
                ``(ii) indicates the period of service which was 
            performed under the contract by the individual involved, and 
            includes copies of appropriate records or other 
            documentation to support the determination as to the length 
            of such period.
            ``(B) Finality.--A decision by an agency head concerning 
        whether or not to make a certification under this paragraph in 
        any particular instance shall be at the sole discretion of the 
        agency head, and shall not be subject to administrative or 
        judicial review.
        ``(3) Exception.--Nothing in this subsection shall apply with 
    respect to any service performed under--
            ``(A) a contract for which any appropriations, allocations, 
        or funds were used under section 636(a)(3) of the Foreign 
        Assistance Act of 1961 [22 U.S.C. 2396(a)(3)];
            ``(B) a contract entered into under section 10(a)(5) of the 
        Peace Corps Act [22 U.S.C. 2509(a)(5)];
            ``(C) a contract under which the services of an individual 
        may be terminated by a person other than the individual or the 
        Government; or
            ``(D) a contract for a single transaction or a contract 
        under which services are paid for in a single payment.
    ``(b) Applicability to Annuitants.--
        ``(1) In general.--In the case of any individual who--
            ``(A) performed service for which credit is allowable under 
        subsection (a), and
            ``(B) retired on an annuity payable under subchapter III of 
        chapter 83 of title 5, United States Code, after January 23, 
        1980, and before the date of the enactment of this Act [Jan. 8, 
        1988],
    any annuity under such subchapter based on the service of such 
    individual shall be redetermined to take into account the amendment 
    made by subsection (a) if application therefor is made, and the 
    deposit requirement under such subsection is met, within 2 years 
    after the date of the enactment of this Act.
        ``(2) Amounts to which applicable.--Any change in an annuity 
    resulting from a redetermination under paragraph (1) shall be 
    effective with respect to payments accruing for months beginning 
    after the date of the enactment of this Act.''


   Clarification Relating to Consideration of Pre-1987 Service as Air 
               Traffic Controller for Retirement Purposes

    Pub. L. 100-92, Sec. 2, Aug. 18, 1987, 101 Stat. 679, provided that:
    ``(a) For purposes of subchapter III of chapter 83 of title 5, 
United States Code, and chapter 84 of such title--
        ``(1) service as an air traffic controller shall, with respect 
    to any annuity which is based on a separation from service, or 
    death, occurring on or after January 1, 1987, include any service as 
    an air traffic controller whether performed before, on, or after 
    January 1, 1987; and
        ``(2) the Office of Personnel Management shall accept the 
    certification of the Secretary, or the designee of the Secretary, in 
    determining the amount of any service performed by an individual as 
    an air traffic controller.
    ``(b) For purposes of this section--
        ``(1) the term `air traffic controller' has the meaning given 
    such term by section 2109(1) of title 5, United States Code, as 
    amended by section 207(b) of the Federal Employees' Retirement 
    System Act of 1986 (Public Law 99-335; 100 Stat. 594); and
        ``(2) the term `Secretary' has the meaning given such term by 
    section 2109(2) of title 5, United States Code.''


                            Cadet Nurse Corps

    Section 1 of Pub. L. 99-638 provided: ``That (a) service described 
in subsection (b) shall be considered creditable civilian service for 
purposes of subchapter III of chapter 83, or chapter 84, of title 5, 
United States Code, as applicable, in the case of any individual who 
meets the requirements of subsection (c).
    ``(b) This section relates to any period of training as a student or 
graduate nurse under a plan approved under section 2 of the Act of June 
15, 1943 (57 Stat. 153) [former 50 App. U.S.C. 1452], if the total 
period of training under such plan was at least 2 years.
    ``(c)(1) An individual may not receive credit for service pursuant 
to this Act [amending sections 2105 and 8332 of this title and enacting 
provisions set out as notes under sections 8331 and 8332 of this title] 
unless--
        ``(A) within 14 months after the date of the enactment of this 
    Act [Nov. 10, 1986], and in accordance with regulations under 
    subsection (d), the individual files appropriate written application 
    with the Office of Personnel Management;
        ``(B) at the time of filing the application under subparagraph 
    (A), the individual is employed by the Government and subject to 
    subchapter III of chapter 83 of title 5, United States Code (other 
    than section 8344 of such title), or chapter 84 of such title (other 
    than section 8468 of such title);
        ``(C) before the date of the separation on which is based the 
    individual's entitlement to an annuity under subchapter III of 
    chapter 83 of title 5, United States Code, or chapter 84 of such 
    title, as applicable, such individual deposits into the Civil 
    Service Retirement and Disability Fund the amount required under 
    paragraph (2) with respect to the period of training involved.
    ``(2) The amount to be deposited shall be determined by the Office 
of Personnel Management in a manner consistent with applicable 
provisions of subchapter III of chapter 83 of title 5, United States 
Code, chapter 84 of such title or title III of the Federal Employees' 
Retirement System Act of 1986 [Pub. L. 99-335, title III, see Tables for 
classification], as the case may be, relating to deposits for earlier 
periods of civilian service for which deductions from basic pay have not 
been made.
    ``(d) The Office of Personnel Management shall, not later than 2 
months after the date of the enactment of this Act [Nov. 10, 1986], 
prescribe regulations to carry out this Act [amending sections 2105 and 
8332 of this title and enacting provisions set out as notes under 
sections 8331 and 8332 of this title].''


   Recomputation at Age 62 of Credit for Military Service of Current 
                               Annuitants

    Section 307 of Pub. L. 97-253, as amended by Pub. L. 97-346, 
Sec. 3(k), Oct. 15, 1982, 96 Stat. 1649, provided that:
    ``(a) The provisions of section 8332(j) of title 5, United States 
Code, relating to credit for military service, shall not apply with 
respect to any individual who is entitled to an annuity under subchapter 
III of chapter 83 of title 5, United States Code, on or before the date 
of enactment of this Act [Sept. 8, 1982] or who is entitled to an 
annuity based on a separation from service occurring on or before such 
date of enactment.
    ``(b) Subject to subsection (b), in any case in which an individual 
described in subsection (a) is also entitled to old-age or survivors' 
insurance benefits under section 202 of the Social Security Act [42 
U.S.C. 402] (or would be entitled to such benefits upon filing 
application therefor), the amount of the annuity to which such 
individual is entitled under subchapter III of chapter 83 of title 5, 
United States Code, (after taking into account subsection (a)) which is 
payable for any month shall be reduced by an amount determined by 
multiplying the amount of such old-age or survivors' insurance benefit 
for the determination month by a fraction--
        ``(1) the numerator of which is the total of the wages (within 
    the meaning of section 209 of the Social Security Act [42 U.S.C. 
    409]) for service referred to in section 210(l) of such Act [42 
    U.S.C. 410(l)] (relating to service in the uniformed services) and 
    deemed additional wages (within the meaning of section 229 of such 
    Act [42 U.S.C. 429]) of such individual credited for years after 
    1956 and before the calendar year in which the determination month 
    occurs, up to the contribution and benefit base determined under 
    section 230 of the Social Security Act [42 U.S.C. 430] (or other 
    applicable maximum annual amount referred to in section 215(e)(1) of 
    such Act [42 U.S.C. 415(e)(1)]) for each such year, and
        ``(2) the denominator of which is the total of all wages and 
    deemed additional wages described in paragraph (1) of this 
    subsection plus all other wages (within the meaning of section 209 
    of such Act [42 U.S.C. 409]) and all self-employment income (within 
    the meaning of section 211(b) of such Act [42 U.S.C. 411(b)]) of 
    such individual credited for years after 1936 and before the 
    calendar year in which the determination month occurs, up to the 
    contribution and benefit base (or such other amount referred to in 
    such section 215(e)(1) [42 U.S.C. 415(e)(1)]) for each such year.
    ``(c) Subsection (b) shall not reduce the annuity of any individual 
below the amount of the annuity which would be payable under this 
subchapter to the individual for the determination month if section 
8332(j) of title 5, United States Code, applied to the individual for 
such month.
    ``(d) For purposes of this section, the term `determination month' 
means--
        ``(1) the first month the individual described in subsection (a) 
    is entitled to old-age or survivors' insurance benefits under 
    section 202 of the Social Security Act [42 U.S.C. 402] (or would be 
    entitled to such benefits upon filing application therefor); or
        ``(2) October 1982, in the case of any individual so entitled to 
    such benefits for such month.
    ``(e) The preceding provisions of this section shall take effect 
with respect to any annuity payment payable under subchapter III of 
chapter 83 of title 5, United States Code, for calendar months beginning 
after September 30, 1982.
    ``(f) The Secretary of Health and Human Services shall furnish such 
information to the Office of Personnel Management as may be necessary to 
carry out the preceding provisions of this section.''


                District of Columbia Substitute Teachers

    Section 2 of Pub. L. 92-454 provided that: ``An annuity or survivor 
annuity based on the service of an employee or annuitant who performed 
service described in section 1 of this Act [amending this section] 
shall, upon application to the Civil Service Commission, be recomputed, 
effective on the first day of the first month following the date of 
enactment of this Act [Oct. 2, 1972], in accordance with section 1 of 
this Act.''


                       National Guard Technicians

    Amendment by section 5(a)(4) of Pub. L. 90-486 not applicable to 
persons employed prior to Jan. 1, 1969 whose employment was covered by 
the civil service retirement provisions of section 8331 et seq. of this 
title, see section 5(d) of Pub. L. 90-486, set out as a note under 
section 709 of Title 32, National Guard.


 Creditable Service of Certain Commissioned Officers of the Regular or 
               Reserve Corps of the Public Health Service

    Section 6(a), (b) of Pub. L. 86-415, Apr. 8, 1960, 74 Stat. 35, 
provided that:
    ``(a) Except as provided in subsection (b), service as a 
commissioned officer in the Regular Corps of the Public Health Service 
prior to July 1, 1960, shall be considered, for purposes of credit under 
the Civil Service Retirement Act [this subchapter], other than section 
3(f) thereof [section 8333(a) of this title], as civilian service 
performed by an employee (as defined in such Act [this subchapter]) and 
commissioned officers of the Reserve Corps of the Public Health Service, 
subject to the Civil Service Retirement Act [this subchapter] on June 
30, 1960, shall be considered as voluntarily separated on that date, 
with respect to service as such officers, from civilian positions 
subject to such Act [this subchapter].
    ``(b) If a commissioned officer of the Regular or Reserve Corps of 
the Public Health Service is retired after June 30, 1960, and becomes 
entitled to retired pay from the Public Health Service, all service in 
the Regular or Reserve Corps of the Public Health Service prior to July 
1, 1960, together with any other service which is performed at any time 
with the Public Health Service, other than as a commissioned officer, 
and which is credited to the officer for purposes of such retirement, 
shall be considered as military service for purposes of section 3(b) of 
the Civil Service Retirement Act [subsecs. (c)-(e) of this section]; 
except that, in the case of any such officer who is retired pursuant to 
subsection (a) of section 211 of the Public Health Service Act [section 
212(a) of Title 42], any such service which was performed prior to July 
1, 1960, which was subject to the Civil Service Retirement Act [this 
subchapter], and with respect to which he has not, prior to his 
retirement, received a refund of deductions under the Civil Service 
Retirement Act [this subchapter], shall not be considered as military 
service for purposes of such section 3(b) [subsecs. (c)-(e) of this 
section], but only if he waives his right to have such service included 
for purposes of computing the amount of his retired pay from the 
Service.''

                  Section Referred to in Other Sections

    This section is referred to in sections 6303, 8331, 8334, 8339, 
8345, 8411 of this title; title 16 section 1169a; title 22 sections 
3671, 3681, 4048, 4056; title 25 section 450i; title 26 sections 3121, 
7448; title 38 sections 7297, 7406, 7426; title 42 section 410; title 50 
section 2082.
