
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)(2)]
[CITE: 5USC8334]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                   Subpart G--Insurance and Annuities
 
                         CHAPTER 83--RETIREMENT
 
                SUBCHAPTER III--CIVIL SERVICE RETIREMENT
 
Sec. 8334. Deductions, contributions, and deposits

    (a)(1) The employing agency shall deduct and withhold from the basic 
pay of an employee, Member, Congressional employee, law enforcement 
officer, firefighter, bankruptcy judge, judge of the United States Court 
of Appeals for the Armed Forces, United States magistrate,\1\ Court of 
Federal Claims judge, member of the Capitol Police, member of the 
Supreme Court Police, or nuclear materials courier, as the case may be, 
the percentage of basic pay applicable under subsection (c). An equal 
amount shall be contributed from the appropriation or fund used to pay 
the employee or, in the case of an elected official, from an 
appropriation or fund available for payment of other salaries of the 
same office or establishment. When an employee in the legislative branch 
is paid by the Chief Administrative Officer of the House of 
Representatives, the Chief Administrative Officer may pay from the 
applicable accounts of the House of Representatives the contribution 
that otherwise would be contributed from the appropriation or fund used 
to pay the employee.
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    \1\ So in original. Probably should be ``United States magistrate 
judge,''.
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    (2) The amounts so deducted and withheld, together with the amounts 
so contributed, shall be deposited in the Treasury of the United States 
to the credit of the Fund under such procedures as the Secretary of the 
Treasury may prescribe. Deposits made by an employee or Member also 
shall be credited to the Fund.
    (b) Each employee or Member is deemed to consent and agree to these 
deductions from basic pay. Notwithstanding any law or regulation 
affecting the pay of an employee or Member, payment less these 
deductions is a full and complete discharge and acquittance of all 
claims and demands for regular services during the period covered by the 
payment, except the right to the benefits to which the employee or 
Member is entitled under this subchapter.
    (c) Each employee or Member credited with civilian service after 
July 31, 1920, for which retirement deductions or deposits have not been 
made, may deposit with interest an amount equal to the following 
percentages of his basic pay received for that service:



                                          Percentage of basic pay              
    Service period

Employee................................  2\1/2\.................  August 1, 19
20, to June 30, 1926.
                                          3\1/2\.................  July 1, 1926
, to June 30, 1942.
                                          5......................  July 1, 1942
, to June 30, 1948.
                                          6......................  July 1, 1948
, to October 31, 1956.
                                          6\1/2\.................  November 1, 
1956, to December 31, 1969.
                                          7......................  January 1, 1
970, to December 31, 1998.
                                          7.25...................  January 1, 1
999, to December 31, 1999.
                                          7.4....................  January 1, 2
000, to December 31, 2000.
                                          7......................  After Decemb
er 31, 2000.
Member or employee for Congressional      2\1/2\.................  August 1, 19
20, to June 30, 1926.
 employee service.                        3\1/2\.................  July 1, 1926
, to June 30, 1942.
                                          5......................  July 1, 1942
, to June 30, 1948.
                                          6......................  July 1, 1948
, to October 31, 1956.
                                          6\1/2\.................  November 1, 
1956, to December 31, 1969.
                                          7.5....................  January 1, 1
970, to December 31, 1998.
                                          7.75...................  January 1, 1
999, to December 31, 1999.
                                          7.9....................  January 1, 2
000, to December 31, 2000.
                                          7.5....................  After Decemb
er 31, 2000.
Member for Member service...............  2\1/2\.................  August 1, 19
20, to June 30, 1926.
                                          3\1/2\.................  July 1, 1926
, to June 30, 1942.
                                          5......................  July 1, 1942
, to August 1, 1946.
                                          6......................  August 2, 19
46, to October 31, 1956.
                                          7\1/2\.................  November 1, 
1956, to December 31, 1969.
                                          8......................  January 1, 1
970, to December 31, 1998.
                                          8.25...................  January 1, 1
999, to December 31, 1999.
                                          8.4....................  January 1, 2
000, to December 31, 2000.
                                          8.5....................  January 1, 2
001, to December 31, 2002.
                                          8......................  After Decemb
er 31, 2002.
Law enforcement officer for law           2\1/2\.................  August 1, 19
20, to June 30, 1926.
 enforcement service, member of the       3\1/2\.................  July 1, 1926
, to June 30, 1942.
 Supreme Court Police for Supreme Court   5......................  July 1, 1942
, to June 30, 1948.
 Police service, and firefighter for      6......................  July 1, 1948
, to October 31, 1956.
 firefighter service.                     6\1/2\.................  November 1, 
1956, to December 31, 1969.
                                                                   January 1, 1
970, to December 31, 1974.
                                          7......................
                                          7.5....................  January 1, 1
975, to December 31, 1998.
                                          7.75...................  January 1, 1
999, to December 31, 1999.
                                          7.9....................  January 1, 2
000, to December 31, 2000.
                                          7.5....................  After Decemb
er 31, 2000.
Bankruptcy judge........................  2\1/2\.................  August 1, 19
20, to June 30, 1926.
                                          3\1/2\.................  July 3, 1926
, to June 30, 1942.
                                          5......................  July 1, 1942
, to June 30, 1948.
                                          6......................  July 1, 1948
, to October 31, 1956.
                                          6\1/2\.................  November 1, 
1956, to December 31, 1969.
                                          7......................  January 1, 1
970, to December 31, 1983.
                                          8......................  January 1, 1
984, to December 31, 1998.
                                          8.25...................  January 1, 1
999, to December 31, 1999.
                                          8.4....................  January 1, 2
000, to December 31, 2000.
                                          8......................  After Decemb
er 31, 2000.
Judge of the United States Court of       6......................  May 5, 1950,
 to October 31, 1956.
 Appeals for the Armed Forces for         6\1/2\.................  November 1, 
1956, to December 31, 1969.
 service as a judge of that court.                                 January 1, 1
970, to (but not including) the
                                          7......................   date of the
 enactment of the Department of
                                                                    Defense Aut
horization Act, 1984.



                                          8......................  The date of 
enactment of the Department of
                                                                    Defense Aut
horization Act, 1984, to December
                                                                    31, 1998.
                                          8.25...................  January 1, 1
999, to December 31, 1999.
                                          8.4....................  January 1, 2
000, to December 31, 2000.
                                          8......................  After Decemb
er 31, 2000.
United States magistrate judge..........  2\1/2\.................  August 1, 19
20, to June 30, 1926.
                                          3\1/2\.................  July 1, 1926
, to June 30, 1942.
                                          5......................  July 1, 1942
, to June 30, 1948.
                                          6......................  July 1, 1948
, to October 31, 1956.
                                          6\1/2\.................  November 1, 
1956, to December 31, 1969.
                                          7......................  January 1, 1
970, to September 30, 1987.
                                          8......................  October 1, 1
987, to December 31, 1998.
                                          8.25...................  January 1, 1
999, to December 31, 1999.
                                          8.4....................  January 1, 2
000, to December 31, 2000.
                                          8......................  After Decemb
er 31, 2000.
Court of Federal Claims Judge...........  2\1/2\.................  August 1, 19
20, to June 30, 1926.
                                          3\1/2\.................  July 1, 1926
, to June 30, 1942.
                                          5......................  July 1, 1942
, to June 30, 1948.
                                          6......................  July 1, 1948
, to October 31, 1956.
                                          6\1/2\.................  November 1, 
1956, to December 31, 1969.
                                          7......................  January 1, 1
970, to September 30, 1988.
                                          8......................  October 1, 1
988, to December 31, 1998.
                                          8.25...................  January 1, 1
999, to December 31, 1999.
                                          8.4....................  January 1, 2
000, to December 31, 2000.
                                          8......................  After Decemb
er 31, 2000.
Member of the Capitol Police............  2.5....................  August 1, 19
20, to June 30, 1926.
                                          3.5....................  July 1, 1926
, to June 30, 1942.
                                          5......................  July 1, 1942
, to June 30, 1948.
                                          6......................  July 1, 1948
, to October 31, 1956.
                                          6.5....................  November 1, 
1956, to December 31, 1969.
                                          7.5....................  January 1, 1
970, to December 31, 1998.
                                          7.75...................  January 1, 1
999, to December 31, 1999.
                                          7.9....................  January 1, 2
000, to December 31, 2000.
                                          7.5....................  After Decemb
er 31, 2000.
Nuclear materials courier...............  7......................  October 1, 1
977 to October 16, 1998.
                                          7.5....................  October 17, 
1998 to December 31, 1998.
                                          7.75...................  January 1, 1
999 to December 31, 1999.
                                          7.9....................  January 1, 2
000 to December 31, 2000.
                                          7.5....................  After Decemb
er 31, 2000.



Notwithstanding the preceding provisions of this subsection and any 
provision of section 206(b)(3) of the Federal Employees' Retirement 
Contribution Temporary Adjustment Act of 1983, the percentage of basic 
pay required under this subsection in the case of an individual 
described in section 8402(b)(2) shall, with respect to any covered 
service (as defined by section 203(a)(3) of such Act) performed by such 
individual after December 31, 1983, and before January 1, 1987, be equal 
to 1.3 percent, and, with respect to any such service performed after 
December 31, 1986, be equal to the amount that would have been deducted 
from the employee's basic pay under subsection (k) of this section if 
the employee's pay had been subject to that subsection during such 
period.
    (d)(1) Each employee or Member who has received a refund of 
retirement deductions under this or any other retirement system 
established for employees of the Government covering service for which 
he may be allowed credit under this subchapter may deposit the amount 
received, with interest. Credit may not be allowed for the service 
covered by the refund until the deposit is made.
    (2)(A) This paragraph applies with respect to any employee or Member 
who--
        (i) separates before October 1, 1990, and receives (or elects, 
    in accordance with applicable provisions of this subchapter, to 
    receive) a refund (described in paragraph (1)) which relates to a 
    period of service ending before October 1, 1990;
        (ii) is entitled to an annuity under this subchapter (other than 
    a disability annuity) which is based on service of such employee or 
    Member, and which commences on or after December 2, 1990; and
        (iii) does not make the deposit (described in paragraph (1)) 
    required in order to receive credit for the period of service with 
    respect to which the refund relates.

    (B) Notwithstanding the second sentence of paragraph (1), the 
annuity to which an employee or Member under this paragraph is entitled 
shall (subject to adjustment under section 8340) be equal to an amount 
which, when taken together with the unpaid amount referred to in 
subparagraph (A)(iii), would result in the present value of the total 
being actuarially equivalent to the present value of the annuity which 
would otherwise be provided the employee or Member under this 
subchapter, as computed under subsections (a)-(i) and (n) of section 
8339 (treating, for purposes of so computing the annuity which would 
otherwise be provided under this subchapter, the deposit referred to in 
subparagraph (A)(iii) as if it had been timely made).
    (C) The Office of Personnel Management shall prescribe such 
regulations as may be necessary to carry out this paragraph.
    (e)(1) Interest under subsection (c), (d)(1), (j), (k), or (l) of 
this section is computed in accordance with paragraphs (2) and (3) of 
this subsection and regulations prescribed by the Office of Personnel 
Management.
    (2) Interest accrues annually on the outstanding portion of any 
amount that may be deposited under subsection (c), (d)(1), (j), (k), or 
(l) of this section, and is compounded annually, until the portion is 
deposited. Such interest is computed from the mid-point of each service 
period included in the computation, or from the date refund was paid. 
The deposit may be made in one or more installments. Interest may not be 
charged for a period of separation from the service which began before 
October 1, 1956.
    (3) The rate of interest is 4 percent a year through December 31, 
1947, and 3 percent a year beginning January 1, 1948, through December 
31, 1984. Thereafter, the rate of interest for any calendar year shall 
be equal to the overall average yield to the Fund during the preceding 
fiscal year from all obligations purchased by the Secretary of the 
Treasury during such fiscal year under section 8348(c), (d), and (e) of 
this title, as determined by the Secretary.
    (f) Under such regulations as the Office of Personnel Management may 
prescribe, amounts deducted under subsection (a) or (k) of this section 
and deposited under subsections (c) and (d)(1) of this section shall be 
entered on individual retirement records.
    (g) Deposit may not be required for--
        (1) service before August 1, 1920;
        (2) military service, except to the extent provided under 
    section 8332(c) or 8334(j) of this title;
        (3) service for the Panama Railroad Company before January 1, 
    1924;
        (4) service performed before October 29, 1983,,\2\ by natives of 
    the Pribilof Islands in the taking and curing of fur seal skins and 
    other activities in connection with the administration of the 
    Pribilof Islands except where deductions, contributions, and 
    deposits were made before October 29, 1983;
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    \2\ So in original.
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        (5) days of unused sick leave credited under section 8339(m) of 
    this title; or
        (6) any period for which credit is allowed under section 8332(l) 
    of this title.

    (h) For the purpose of survivor annuities, deposits authorized by 
subsections (c), (d)(1), (j), and (k) of this section may also be made 
by a survivor of an employee or Member.
    (i)(1) The Director of the Administrative Office of the United 
States Courts shall pay to the Fund the amount which an employee may 
deposit under subsection (c) of this section for service creditable 
under section 8332(b)(12) of this title if such creditable service 
immediately precedes service as an employee subject to this subchapter 
with a break in service of no more than ninety working days. The 
Director shall pay such amount from any appropriation available to him 
as a necessary expense of the appropriation concerned.
    (2) The amount the Director pays in accordance with paragraph (1) of 
this subsection shall be reduced by the amount of any refund to the 
employee under section 376 of title 28. Except to the extent of such 
reduction, the amount the Director pays to the Fund shall satisfy the 
deposit requirement of subsection (c) of this section.
    (3) Notwithstanding any other provision of law, the amount the 
Director pays under this subsection shall constitute an employer 
contribution to the Fund, excludable under section 402 of the Internal 
Revenue Code of 1986 from the employee's gross income until such time as 
the contribution is distributed or made available to the employee, and 
shall not be subject to refund or to lump-sum payment to the employee.
    (4) Notwithstanding any other provision of law, a bankruptcy judge 
or magistrate judge who is covered by section 377 of title 28 or section 
2(c) of the Retirement and Survivors' Annuities for Bankruptcy Judges 
and Magistrates Act of 1988 shall not be subject to deductions and 
contributions to the Fund, if the judge or magistrate judge notifies the 
Director of the Administrative Office of the United States Courts of an 
election of a retirement annuity under those provisions. Upon such an 
election, the judge or magistrate judge shall be entitled to a lump-sum 
credit under section 8342(a) of this title.
    (5) Notwithstanding any other provision of law, a judge who is 
covered by section 7296 of title 38 shall not be subject to deductions 
and contributions to the Fund, if the judge notifies the Director of the 
Office of Personnel Management of an election of a retirement annuity 
under that section. Upon such an election, the judge shall be entitled 
to a lump-sum credit under section 8342(a) of this title.
    (6) Notwithstanding any other provision of law, a judge of the 
United States Court of Federal Claims who is covered by section 178 of 
title 28 shall not be subject to deductions and contributions to the 
Fund if the judge notifies the Director of the Administrative Office of 
the United States Courts of an election of a retirement annuity under 
those provisions. Upon such an election, the judge shall be entitled to 
a lump-sum credit under section 8342(a) of this title.
    (j)(1)(A) Except as provided in subparagraph (B), and subject to 
paragraph (5), each employee or Member who has performed military 
service before the date of the separation on which the entitlement to 
any annuity under this subchapter is based may pay, in accordance with 
such regulations as the Office shall issue, to the agency by which the 
employee is employed, or, in the case of a Member or a Congressional 
employee, to the Secretary of the Senate or the Chief Administrative 
Officer of the House of Representatives, as appropriate, an amount equal 
to 7 percent of the amount of the basic pay paid under section 204 of 
title 37 to the employee or Member for each period of military service 
after December 1956. The amount of such payments shall be based on such 
evidence of basic pay for military service as the employee or Member may 
provide, or if the Office determines sufficient evidence has not been so 
provided to adequately determine basic pay for military service, such 
payment shall be based upon estimates of such basic pay provided to the 
Office under paragraph (4).
    (B) In any case where military service interrupts creditable 
civilian service under this subchapter and reemployment pursuant to 
chapter 43 of title 38 occurs on or after August 1, 1990, the deposit 
payable under this paragraph may not exceed the amount that would have 
been deducted and withheld under subsection (a)(1) from basic pay during 
civilian service if the employee had not performed the period of 
military service.
    (2) Any deposit made under paragraph (1) of this subsection more 
than two years after the later of--
        (A) October 1, 1983; or
        (B) the date on which the employee or Member making the deposit 
    first becomes an employee or Member following the period of military 
    service for which such deposit is due,

shall include interest on such amount computed and compounded annually 
beginning on the date of the expiration of the two-year period. The 
interest rate that is applicable in computing interest in any year under 
this paragraph shall be equal to the interest rate that is applicable 
for such year under subsection (e) of this section.
    (3) Any payment received by an agency, the Secretary of the Senate, 
or the Chief Administrative Officer of the House of Representatives 
under this subsection shall be immediately remitted to the Office for 
deposit in the Treasury of the United States to the credit of the Fund.
    (4) The Secretary of Defense, the Secretary of Transportation, the 
Secretary of Commerce, or the Secretary of Health and Human Services, as 
appropriate, shall furnish such information to the Office as the Office 
may determine to be necessary for the administration of this subsection.
    (5) Effective with respect to any period of military service after 
December 31, 1998, the percentage of basic pay under section 204 of 
title 37 payable under paragraph (1) shall be equal to the same 
percentage as would be applicable under subsection (c) of this section 
for that same period for service as an employee, subject to paragraph 
(1)(B).
    (k)(1) Effective with respect to pay periods beginning after 
December 31, 1986, in administering this section in the case of an 
individual described in section 8402(b)(2) of this title--
        (A) the amount to be deducted and withheld by the employing 
    agency shall be determined in accordance with paragraph (2) of this 
    subsection instead of the first sentence of subsection (a)(1) of 
    this section; and
        (B) the amount of the contribution under the second sentence of 
    subsection (a)(1) of this section shall be the amount which would 
    have been contributed under such sentence if this subsection had not 
    been enacted.

    (2)(A) With respect to Federal wages of an employee or Member (or 
that portion thereof) not exceeding the contribution and benefit base 
during the calendar year involved, the appropriate amount to be deducted 
and withheld under this subsection is the amount by which--
        (i) the total deduction for those wages (or for that portion) 
    exceeds;
        (ii) the OASDI contribution with respect to those wages (or that 
    portion).

    (B) With respect to any portion of Federal wages of an employee or 
Member which exceed the contribution and benefit base during the 
calendar year involved, the appropriate amount to be deducted and 
withheld under this subsection is an amount equal to the total deduction 
for that portion.
    (C) For purposes of this paragraph--
        (i) the term ``Federal wages'' means basic pay for service as an 
    employee or Member, as the case may be;
        (ii) the term ``contribution and benefit base'' means the 
    contribution and benefit base in effect with respect to the period 
    involved, as determined under section 230 of the Social Security 
    Act;
        (iii) the term ``total deduction'', as used with respect to any 
    Federal wages (or portion thereof), means an amount equal to the 
    amount of those wages (or of that portion), multiplied by the 
    percentage which (but for this subsection) would apply under the 
    first sentence of subsection (a)(1) with respect to the individual 
    involved; and
        (iv) the term ``OASDI contribution'', with respect to any 
    income, means the amount of tax which may be imposed under section 
    3101(a) of the Internal Revenue Code of 1986 with respect to such 
    income (determined without regard to any income which is not a part 
    of Federal wages).

    (3) The amount of a deposit under subsection (c) of this section for 
any service with respect to which paragraph (1) of this subsection 
applies shall be equal to an amount determined based on the preceding 
provisions of this subsection, and shall include interest.
    (4) In administering paragraphs (1) through (3)--
        (A) the term ``an individual described in section 8402(b)(2) of 
    this title'' shall be considered to include any individual--
            (i) who is subject to this subchapter as a result of a 
        provision of law described in section 8347(o), and
            (ii) whose employment (as described in section 8347(o)) is 
        also employment for purposes of title II of the Social Security 
        Act and chapter 21 of the Internal Revenue Code of 1986; and

        (B) the term ``Federal wages'', as applied with respect to any 
    individual to whom this subsection applies as a result of 
    subparagraph (A), means basic pay for any employment referred to in 
    subparagraph (A)(ii).

    (l)(1) Each employee or Member who has performed service as a 
volunteer or volunteer leader under part A of title VIII of the Economic 
Opportunity Act of 1964, as a full-time volunteer enrolled in a program 
of at least 1 year's duration under part A, B, or C of title I of the 
Domestic Volunteer Service Act of 1973, or as a volunteer or volunteer 
leader under the Peace Corps Act before the date of the separation on 
which the entitlement to any annuity under this subchapter is based may 
pay, in accordance with such regulations as the Office of Personnel 
Management shall issue, an amount equal to 7 percent of the readjustment 
allowance paid to the employee or Member under title VIII of the 
Economic Opportunity Act of 1964 or section 5(c) or 6(1) of the Peace 
Corps Act or the stipend paid to the employee or Member under part A, B, 
or C of title I of the Domestic Volunteer Service Act of 1973, for each 
period of service as such a volunteer or volunteer leader. This 
paragraph shall be subject to paragraph (4).
    (2) Any deposit made under paragraph (1) more than 2 years after the 
later of--
        (A) October 1, 1993; or
        (B) the date on which the employee or Member making the deposit 
    first becomes an employee or Member,

shall include interest on such amount computed and compounded annually 
beginning on the date of the expiration of the 2-year period. The 
interest rate that is applicable in computing interest in any year under 
this paragraph shall be equal to the interest rate that is applicable 
for such year under subsection (e).
    (3) The Director of the Peace Corps and the Chief Executive Officer 
of the Corporation for National and Community Service shall furnish such 
information to the Office of Personnel Management as the Office may 
determine to be necessary for the administration of this subsection.
    (4) Effective with respect to any period of service after December 
31, 1998, the percentage of the readjustment allowance or stipend (as 
the case may be) payable under paragraph (1) shall be equal to the same 
percentage as would be applicable under subsection (c) of this section 
for the same period for service as an employee.
    (m) A Member who has served in a position in the executive branch 
for which the rate of basic pay was reduced for the duration of the 
service of the Member to remove the impediment to the appointment of the 
Member imposed by article I, section 6, clause 2 of the Constitution, or 
the survivor of such a Member, may deposit to the credit of the Fund an 
amount equal to the difference between the amount deducted from the 
basic pay of the Member during that period of service and the amount 
that would have been deducted if the rate of basic pay which would 
otherwise have been in effect during that period had been in effect, 
plus interest computed under subsection (e).

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 569; Pub. L. 90-83, Sec. 1(74), 
Sept. 11, 1967, 81 Stat. 214; Pub. L. 90-486, Sec. 5(b), Aug. 13, 1968, 
82 Stat. 757; Pub. L. 91-93, title I, Sec. 102(a), title II, Sec. 202, 
Oct. 20, 1969, 83 Stat. 136, 138; Pub. L. 92-297, Sec. 7(2), May 16, 
1972, 86 Stat. 144; Pub. L. 93-350, Sec. 3, July 12, 1974, 88 Stat. 356; 
Pub. L. 94-126, Secs. 1(a), 2(a), Nov. 12, 1975, 89 Stat. 679; Pub. L. 
95-382, Sec. 1(b), Sept. 22, 1978, 92 Stat. 727; Pub. L. 95-454, title 
IX, Sec. 906(a)(2), Oct. 13, 1978, 92 Stat. 1224; Pub. L. 95-598, title 
III, Sec. 338(b), Nov. 6, 1978, 92 Stat. 2681; Pub. L. 97-164, title II, 
Sec. 207(b), Apr. 2, 1982, 96 Stat. 54; Pub. L. 97-253, title III, 
Secs. 303(a)(1), 306(d), (e), Sept. 8, 1982, 96 Stat. 793, 796, 797; 
Pub. L. 97-346, Sec. 3(a), (c)-(e)(1), Oct. 15, 1982, 96 Stat. 1647, 
1648; Pub. L. 98-94, title XII, Secs. 1256(a), 1257, Sept. 24, 1983, 97 
Stat. 701, 702; Pub. L. 89-702, title II, Sec. 209(f), as added Pub. L. 
98-129, Sec. 2, Oct. 14, 1983, 97 Stat. 843; Pub. L. 98-353, title I, 
Sec. 116(b), July 10, 1984, 98 Stat. 344; Pub. L. 98-615, Sec. 2(2), 
Nov. 8, 1984, 98 Stat. 3195; Pub. L. 99-335, title II, Sec. 201(a), (c), 
June 6, 1986, 100 Stat. 588, 591; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 
100 Stat. 2095; Pub. L. 100-53, Sec. 2(b), June 18, 1987, 101 Stat. 367; 
Pub. L. 100-238, title I, Secs. 102, 108(b)(1), Jan. 8, 1988, 101 Stat. 
1744, 1748; Pub. L. 100-659, Sec. 6(b), Nov. 15, 1988, 102 Stat. 3919; 
Pub. L. 101-94, title I, Sec. 102(a), Aug. 16, 1989, 103 Stat. 626; Pub. 
L. 101-508, title VII, Sec. 7001(b)(1), (2)(A), (B), Nov. 5, 1990, 104 
Stat. 1388-328, 1388-329; Pub. L. 101-650, title III, Secs. 306(c)(2), 
(e)(2), 321, Dec. 1, 1990, 104 Stat. 5110, 5112, 5117; Pub. L. 102-40, 
title IV, Sec. 402(d)(2), May 7, 1991, 105 Stat. 239; Pub. L. 102-378, 
Sec. 2(59), Oct. 2, 1992, 106 Stat. 1354; Pub. L. 102-572, title IX, 
Sec. 902(b), Oct. 29, 1992, 106 Stat. 4516; Pub. L. 103-66, title XI, 
Sec. 11004(a)(3), Aug. 10, 1993, 107 Stat. 412; Pub. L. 103-82, title 
III, Sec. 371(a)(2), Sept. 21, 1993, 107 Stat. 910; Pub. L. 103-337, 
div. A, title IX, Sec. 924(d)(1)(A), Oct. 5, 1994, 108 Stat. 2832; Pub. 
L. 103-353, Sec. 5(b), Oct. 13, 1994, 108 Stat. 3173; Pub. L. 104-186, 
title II, Sec. 215(12), Aug. 20, 1996, 110 Stat. 1746; Pub. L. 104-316, 
title I, Sec. 103(g), Oct. 19, 1996, 110 Stat. 3829; Pub. L. 105-33, 
title VII, Sec. 7001(a)(3), (4), Aug. 5, 1997, 111 Stat. 653, 657; Pub. 
L. 105-61, title V, Sec. 516(a)(1), Oct. 10, 1997, 111 Stat. 1306; Pub. 
L. 105-261, div. C, title XXXI, Sec. 3154(c)(1), (2), Oct. 17, 1998, 112 
Stat. 2254; Pub. L. 106-65, div. A, title X, Sec. 1066(d)(3), Oct. 5, 
1999, 113 Stat. 773; Pub. L. 106-346, Sec. 101(a) [title V, 
Sec. 505(a)], Oct. 23, 2000, 114 Stat. 1356, 1356A-50; Pub. L. 106-553, 
Sec. 1(a)(2) [title III, Sec. 308(b)(1)], Dec. 21, 2000, 114 Stat. 2762, 
2762A-86.)

                      Historical and Revision Notes
                                1966 Act
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
                     2 U.S.C. 129.                 July 1, 1957, Pub. L.
                                                    85-75, Sec.  101
                                                    (proviso on p. 248),
                                                    71 Stat. 248.
                     5 U.S.C. 2254.                July 31, 1956, ch.
                                                    804, Sec.  401
                                                    ``Sec. 4'', 70 Stat.
                                                    747.
                     ............................  June 29, 1957, Pub.
                                                    L. 85-65, Sec.  1,
                                                    71 Stat. 209.
                     ............................  May 27, 1958, Pub. L.
                                                    85-426, Sec.  214(b)
                                                    (words before
                                                    comma), 72 Stat.
                                                    143.
                     ............................  Aug. 27, 1958, Pub.
                                                    L. 85-772, Sec.
                                                    1(d), 72 Stat. 930.
------------------------------------------------------------------------

    In subsection (a), the words ``From and after the first day of the 
first pay period which begins on or after the effective date of the 
Civil Service Retirement Act Amendments of 1956'' and ``From and after 
the first day of the first pay period which begins after June 30, 1957'' 
in former section 2254 are omitted as executed. The words ``on and after 
July 1, 1957'' in former section 129 of title 2 are omitted as executed.
    In subsection (b), the word ``rule'' is omitted as unnecessary.
    Standard changes are made to conform with the definitions applicable 
and the style of this title as outlined in the preface to the report.

                                1967 Act
------------------------------------------------------------------------
                                                    Source (Statutes at
 Section of title 5       Source (U.S. Code)               Large)
------------------------------------------------------------------------
8334(g)(4).........  5 App.: 2254(g).              Nov. 2, 1966, Pub. L.
                                                    89-702, Sec.
                                                    208(c), 80 Stat.
                                                    1096.
------------------------------------------------------------------------

                       References in Text

    The date of the enactment of the Department of Defense Authorization 
Act, 1984, referred to in the table in subsec. (c), is the date of 
enactment of Pub. L. 98-94 which was approved Sept. 24, 1983.
    Sections 203 and 206 of the Federal Employees' Retirement 
Contribution Temporary Adjustment Act of 1983 [Pub. L. 98-168], referred 
to in subsec. (c), are set out as a note under section 8331 of this 
title.
    Sections 402 and 3101(a) and chapter 21 of the Internal Revenue Code 
of 1986, referred to in subsecs. (i)(3) and (k)(2)(C)(iv), (4)(A)(ii), 
are classified to sections 402 and 3101(a) and chapter 21 (Sec. 3101 et 
seq.), respectively, of Title 26, Internal Revenue Code.
    Section 2(c) of the Retirement and Survivors' Annuities for 
Bankruptcy Judges and Magistrates Act of 1988, referred to in subsec. 
(i)(4), is section 2(c) of Pub. L. 100-659, which is set out as a note 
under section 377 of Title 28, Judiciary and Judicial Procedure.
    The Social Security Act, referred to in subsec. (k)(2)(C)(ii), 
(4)(A)(ii), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. 
Title II of the Social Security Act is classified generally to 
subchapter II (Sec. 401 et seq.) of chapter 7 of Title 42, The Public 
Health and Welfare. Section 230 of the Social Security Act is classified 
to section 430 of Title 42. For complete classification of this Act to 
the Code, see section 1305 of Title 42 and Tables.
    The Economic Opportunity Act of 1964, referred to in subsec. (l)(1), 
is Pub. L. 88-452, Aug. 20, 1964, 78 Stat. 508, as amended. Title VIII 
of the Act probably means title VIII of Pub. L. 88-452 as added by Pub. 
L. 89-794, title VIII, Sec. 801, Nov. 8, 1966, 80 Stat. 1472, and 
generally revised and amended by Pub. L. 90-222, title I, Sec. 110, Dec. 
23, 1967, 81 Stat. 722, which was classified generally to subchapter 
VIII (Sec. 2991 et seq.) 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. Part 
A of title VIII of the Act is part A of title VIII of Pub. L. 88-452 as 
added by Pub. L. 90-222, Sec. 110, 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, Sec. 603. 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 subsec. (l)(1), 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.
    The Peace Corps Act, referred to in subsec. (l)(1), 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. Sections 5(c) and 6(1) of the Act are 
classified to sections 2504(c) and 2505(1), respectively, of Title 22. 
For complete classification of this Act to the Code, see Short Title 
note set out under section 2501 of Title 22 and Tables.


                               Amendments

    2000--Subsec. (a)(1). Pub. L. 106-553, Sec. 1(a)(2) [title III, 
Sec. 308(b)(1)(A)], inserted ``member of the Supreme Court Police,'' 
after ``member of the Capitol Police,''.
    Subsec. (c). Pub. L. 106-553, Sec. 1(a)(2) [title III, 
Sec. 308(b)(1)(B)], in table relating to law enforcement officer for law 
enforcement service and firefighter for firefighter service, inserted 
``, member of the Supreme Court Police for Supreme Court Police 
service,'' after ``law enforcement service''.
    Pub. L. 106-346, in tables relating to an employee, a Member or 
employee for Congressional employee service, a law enforcement officer 
for law enforcement service and firefighter for firefighter service, a 
bankruptcy judge, a judge of the United States Court of Appeals for the 
Armed Forces for service as a judge of that court, a United States 
magistrate judge, a Court of Federal Claims judge, a member of the 
Capitol Police, and a nuclear materials courier, substituted item 
relating to service period after December 31, 2000, for former items 
relating to service periods January 1, 2001, to December 31, 2002, and 
after December 31, 2002.
    1999--Subsec. (c). Pub. L. 106-65, in table relating to nuclear 
materials courier, substituted ``October 16, 1998'' for ``the day before 
the date of the enactment of the Strom Thurmond National Defense 
Authorization Act for Fiscal Year 1999'' and ``October 17, 1998'' for 
``The date of the enactment of the Strom Thurmond National Defense 
Authorization Act for Fiscal Year 1999''.
    1998--Subsec. (a)(1). Pub. L. 105-261, Sec. 3154(c)(1), substituted 
``member of the Capitol Police, or nuclear materials courier,'' for ``or 
member of the Capitol Police,''.
    Subsec. (c). Pub. L. 105-261, Sec. 3154(c)(2), inserted table 
relating to nuclear materials courier.
    1997--Subsec. (a)(1). Pub. L. 105-33, Sec. 7001(a)(3)(A), amended 
first sentence generally. Prior to amendment, first sentence read as 
follows: ``The employing agency shall deduct and withhold 7 percent of 
the basic pay of an employee, 7\1/2\ percent of the basic pay of a 
Congressional employee, a law enforcement officer, and a firefighter, 
and 8 percent of the basic pay of a Member, a Court of Federal Claims 
judge, a United States magistrate, a judge of the United States Court of 
Appeals for the Armed Forces, and a bankruptcy judge.''
    Subsec. (c). Pub. L. 105-33, Sec. 7001(a)(3)(B)(ix), inserted table 
relating to member of the Capitol Police.
    Pub. L. 105-33, Sec. 7001(a)(3)(B)(viii), in table relating to a 
Court of Federal Claims Judge, substituted items relating to service 
periods October 1, 1988, to after December 31, 2002, for former item 
relating to service period after September 30, 1988.
    Pub. L. 105-33, Sec. 7001(a)(3)(B)(vii), in table relating to a 
United States magistrate, substituted items relating to service periods 
October 1, 1987, to after December 31, 2002, for former item relating to 
service period after September 30, 1987.
    Pub. L. 105-33, Sec. 7001(a)(3)(B)(vi), in table relating to a judge 
of the United States Court of Appeals for the Armed Forces for service 
as a judge of that court, substituted items relating to service periods 
on and after the date of enactment of the Department of Defense 
Authorization Act, 1984, to after December 31, 2002, for former item 
relating to service period on and after the date of the enactment of the 
Department of Defense Authorization Act, 1984.
    Pub. L. 105-33, Sec. 7001(a)(3)(B)(v), in table relating to a 
bankruptcy judge, substituted items relating to service periods January 
1, 1984, to after December 31, 2002, for former item relating to service 
period after December 31, 1983.
    Pub. L. 105-33, Sec. 7001(a)(3)(B)(iv), in table relating to a law 
enforcement officer for law enforcement service and firefighter for 
firefighter service, substituted items relating to service periods 
January 1, 1975, to after December 31, 2002, for former item relating to 
service period after December 31, 1974.
    Pub. L. 105-33, Sec. 7001(a)(3)(B)(i)-(iii), in tables relating to 
an employee, a Member or employee for Congressional employee service, 
and a Member for Member service, substituted items relating to service 
periods January 1, 1970, to after December 31, 2002, for former item 
relating to service period after December 31, 1969.
    Subsec. (j)(1)(A). Pub. L. 105-33, Sec. 7001(a)(4)(A)(i), inserted 
``and subject to paragraph (5),'' after ``Except as provided in 
subparagraph (B),''.
    Subsec. (j)(5). Pub. L. 105-33, Sec. 7001(a)(4)(A)(ii), added par. 
(5).
    Subsec. (l)(1). Pub. L. 105-33, Sec. 7001(a)(4)(B)(i), inserted at 
end ``This paragraph shall be subject to paragraph (4).''
    Subsec. (l)(4). Pub. L. 105-33, Sec. 7001(a)(4)(B)(ii), added par. 
(4).
    Subsec. (m). Pub. L. 105-61 added subsec. (m).
    1996--Subsec. (a)(1). Pub. L. 104-186, Sec. 215(12)(A), substituted 
``Chief Administrative Officer of the House of Representatives, the 
Chief Administrative Officer may pay from the applicable accounts of the 
House of Representatives'' for ``Clerk of the House of Representatives, 
the Clerk may pay from the contingent fund of the House''.
    Subsec. (a)(2). Pub. L. 104-316 substituted ``Secretary of the 
Treasury'' for ``Comptroller General of the United States''.
    Subsec. (j)(1)(A), (3). Pub. L. 104-186, Sec. 215(12)(B), 
substituted ``Chief Administrative Officer'' for ``Clerk''.
    1994--Subsec. (a)(1). Pub. L. 103-337 substituted ``Court of Appeals 
for the Armed Forces'' for ``Court of Military Appeals''.
    Subsec. (c). Pub. L. 103-337 substituted ``Court of Appeals for the 
Armed Forces'' for ``Court of Military Appeals'' in table.
    Subsec. (j)(1). Pub. L. 103-353, Sec. 5(b)(1), designated existing 
provisions as subpar. (A) and substituted ``Except as provided in 
subparagraph (B), each employee'' for ``Each employee'' and added 
subpar. (B).
    Subsec. (j)(2)(B). Pub. L. 103-353, Sec. 5(b)(2), inserted before 
comma at end ``following the period of military service for which such 
deposit is due''.
    1993--Subsec. (e)(1), (2). Pub. L. 103-82, Sec. 371(a)(2)(B), 
substituted ``(k), or (l)'' for ``or (k)''.
    Subsec. (h). Pub. L. 103-66 struck out ``and by section 
8339(j)(5)(C) and the last sentence of section 8339(k)(2) of this 
title'' before ``may also be made''.
    Subsec. (l). Pub. L. 103-82, Sec. 371(a)(2)(A), added subsec. (l).
    1992--Subsec. (a)(1). Pub. L. 102-572, Sec. 902(b)(2), substituted 
``Court of Federal Claims'' for ``Claims Court''.
    Subsec. (c). Pub. L. 102-572, Sec. 902(b)(2), substituted ``Court of 
Federal Claims'' for ``Claims Court'' in table.
    Subsec. (i)(5). Pub. L. 102-378 redesignated par. (5), relating to 
United States Claims Court judges, as (6).
    Subsec. (i)(6). Pub. L. 102-572, Sec. 902(b)(1), substituted 
``United States Court of Federal Claims'' for ``United States Claims 
Court''.
    Pub. L. 102-378 redesignated par. (5), relating to United States 
Claims Court judges, as (6).
    1991--Subsec. (i)(5). Pub. L. 102-40 substituted ``section 7296 of 
title 38'' for ``section 4096 of title 38''.
    1990--Subsec. (a)(1). Pub. L. 101-650, Sec. 306(c)(2)(A), inserted 
``a Claims Court Judge,'' after ``Member,''.
    Subsec. (c). Pub. L. 101-650, Sec. 306(c)(2)(B), inserted table 
covering percentages of pay and service periods for a Claims Court 
Judge.
    Subsec. (d). Pub. L. 101-508, Sec. 7001(b)(1), designated existing 
provisions as par. (1) and added par. (2).
    Subsec. (e)(1), (2). Pub. L. 101-508, Sec. 7001(b)(2)(A), 
substituted ``(d)(1),'' for ``(d),''.
    Subsec. (f). Pub. L. 101-508, Sec. 7001(b)(2)(B), substituted 
``(d)(1)'' for ``(d)''.
    Subsec. (h). Pub. L. 101-508, Sec. 7001(b)(2)(A), substituted 
``(d)(1),'' for ``(d),''.
    Subsec. (i)(5). Pub. L. 101-650, Sec. 3069(e)(2), added par. (5) 
relating to judges covered by a section of title 28.
    1989--Subsec. (i)(5). Pub. L. 101-94 added par. (5) relating to 
judges covered by a section of title 38.
    1988--Subsec. (c). Pub. L. 100-238, Sec. 102, struck out period at 
end and inserted ``, and, with respect to any such service performed 
after December 31, 1986, be equal to the amount that would have been 
deducted from the employee's basic pay under subsection (k) of this 
section if the employee's pay had been subject to that subsection during 
such period.''
    Subsec. (i)(4). Pub. L. 100-659 added par. (4).
    Subsec. (k)(4). Pub. L. 100-238, Sec. 108(b)(1), added par. (4).
    1987--Subsec. (a)(1). Pub. L. 100-53, Sec. 2(b)(1), substituted 
``Member, a United States magistrate, a judge'' for ``Member and a 
judge'' and ``Appeals,'' for ``Appeals''.
    Subsec. (c). Pub. L. 100-53, Sec. 2(b)(2), inserted table covering 
percentages of basic pay and service periods for United States 
magistrates.
    1986--Subsec. (c). Pub. L. 99-335, Sec. 201(c), inserted provision 
that notwithstanding preceding provisions of this subsection and any 
provision of section 206(b)(3) of Federal Employees' Retirement 
Contribution Temporary Adjustment Act of 1983, the percentage of basic 
pay required under this subsection in case of an individual described in 
section 8402(b)(2) of this title shall, with respect to any covered 
service performed after Dec. 31, 1983, and before Jan. 1, 1987, be equal 
to 1.3 percent.
    Subsec. (e)(1), (2). Pub. L. 99-335, Sec. 201(a)(2)(A), substituted 
``(j), or (k)'' for ``or (j)''.
    Subsec. (f). Pub. L. 99-335, Sec. 201(a)(2)(B), inserted ``or (k)'' 
after ``subsection (a)''.
    Subsec. (h). Pub. L. 99-335, Sec. 201(a)(2)(C), substituted ``(j), 
and (k)'' for ``and (j)''.
    Subsec. (i)(3). Pub. L. 99-514 substituted ``Internal Revenue Code 
of 1986'' for ``Internal Revenue Code of 1954''.
    Subsec. (k). Pub. L. 99-335, Sec. 201(a)(1), added subsec. (k).
    Subsec. (k)(2)(C)(iv). Pub. L. 99-514 substituted ``Internal Revenue 
Code of 1986'' for ``Internal Revenue Code of 1954''.
    1984--Subsec. (a)(1). Pub. L. 98-353, Sec. 116(b)(1), inserted ``and 
a bankruptcy judge''.
    Subsec. (c). Pub. L. 98-353, Sec. 116(b)(2), substituted in the 
table relating to bankruptcy judges the items relating to 7 percent for 
the period Jan. 1, 1970 to Dec. 31, 1983, and 8 percent for the period 
after Dec. 31, 1983, for the prior item relating to 7 percent for the 
period after Jan. 1, 1970.
    Subsec. (h). Pub. L. 98-615 substituted ``annuities, deposits 
authorized by subsections (c), (d), and (j) of this section and by 
section 8339(j)(5)(C) and the last sentence of section 8339(k)(2) of 
this title may also be made by a survivor'' for ``annuity, deposits 
authorized by subsections (c), (d), and (j) of this section may also be 
made by the survivor''.
    1983--Subsec. (a)(1). Pub. L. 98-94, Sec. 1256(a)(1), inserted ``and 
a judge of the United States Court of Military Appeals'' after ``and 8 
percent of the basic pay of a Member''.
    Subsec. (c). Pub. L. 98-94, Sec. 1256(a)(2), added to the table 
items covering a judge of the United States Court of Military Appeals 
for service as a judge of that court.
    Subsec. (g)(4). Pub. L. 98-129 substituted ``October 29, 1983,'' for 
``January 1, 1950'', and directed that the phrase ``except where 
deductions, contributions, and deposits were made before October 29, 
1983'' be inserted after ``the Pribilof Islands'' which amendment was 
executed by inserting that phrase after ``the Pribilof Islands'' the 
second time those words appear, as the probable intent of Congress.
    Subsec. (j)(2)(A). Pub. L. 98-94, Sec. 1257, substituted ``October 
1, 1983'' for ``October 1, 1982''.
    1982--Subsec. (e). Pub. L. 97-253, Sec. 303(a)(1), redesignated 
existing provisions as par. (2), inserted provision that interest 
accrues annually on the outstanding portion of any amount that may be 
deposited under subsec. (c), (d), or (j) of this section, and is 
compounded annually until the portion is deposited, substituted ``Such 
interest'' for ``Interest under subsection (c) or (d) of this section'', 
struck out ``, to the date of deposit or commencing date of annuity, 
whichever is earlier'' after ``date refund was paid'', and struck out 
provision that the interest was computed at the rate of four percent a 
year to Dec. 31, 1947, and 3 percent thereafter compounded annually, and 
added pars. (1) and (3).
    Subsec. (e)(3). Pub. L. 97-346, Sec. 3(c), substituted ``the 
preceding fiscal year'' for ``the preceding calendar year'' and ``during 
such fiscal year'' for ``during such calendar year''.
    Subsec. (g)(2). Pub. L. 97-253, Sec. 306(e), inserted ``, except to 
the extent provided under section 8332(c) or section 8334(j) of this 
title''.
    Subsec. (h). Pub. L. 97-346, Sec. 3(d), inserted reference to 
subsec. (j).
    Subsec. (i). Pub. L. 97-164 added subsec. (i).
    Subsec. (j). Pub. L. 97-253, Sec. 306(d), added subsec. (j).
    Subsec. (j)(1). Pub. L. 97-346, Sec. 3(a), substituted ``period'' 
for ``month''.
    Pub. L. 97-346, Sec. 3(e)(1), struck out ``within 90 days after the 
effective date of this subsection'' after ``regulations as the Office 
shall issue'', and substituted ``The amount of such payments shall be 
based on such evidence of basic pay for military service as the employee 
or Member may provide, or if the Office determines sufficient evidence 
has not been so provided to adequately determine basic pay for military 
service, such payment shall be based upon estimates of such basic pay 
provided to the Office under paragraph (4)'' for ``as certified to the 
agency, the Secretary of the Senate, or the Clerk of the House of 
Representatives, as appropriate, by the Secretary of Defense, the 
Secretary of Transportation, the Secretary of Commerce, or the Secretary 
of Health and Human Services, as appropriate, upon the employee's or 
Member's request''.
    1978--Subsec. (c). Pub. L. 95-598 inserted bankruptcy judge schedule 
of deposits.
    Subsec. (f). Pub. L. 95-454 substituted ``Office of Personnel 
Management'' for ``Civil Service Commission''.
    Subsec. (g)(6). Pub. L. 95-382 added par. (6).
    1975--Subsec. (c), Pub. L. 94-126, Sec. 1(a), struck out last 
sentence requiring that deposit, with respect to a period of service 
referred to in section 8332(b)(6) of this title performed before Jan. 1, 
1969, shall be an amount equal to 55 percent of a deposit computed in 
accordance with such provisions.
    Subsec. (g)(5). Pub. L. 94-126, Sec. 2(a), substituted reference to 
``section 8339(m) of this title'' for ``section 8339(n) of this title''.
    1974--Subsec. (a)(1). Pub. L. 93-350, Sec. 3(a), inserted ``a law 
enforcement officer, and a firefighter,'' after ``Congressional 
employee,''.
    Subsec. (c). Pub. L. 93-350, Sec. 3(b), inserted schedule for law 
enforcement officer for law enforcement service and firefighter for 
firefighter service.
    1972--Subsec. (g)(5). Pub. L. 92-297 substituted ``section 8339(n)'' 
for ``section 8339(m)''.
    1969--Subsec. (a)(1). Pub. L. 91-93, Sec. 102(a)(1), designated 
first and second sentences of subsec. (a) as subsec. (a)(1), increasing 
by one-half percent the deduction from the basic pay of an employee and 
a Member to 7 and 8 percent, respectively, and providing for a 7\1/2\ 
percent deduction from basic pay of a Congressional employee.
    Subsec. (a)(2). Pub. L. 91-93, Sec. 102(a)(1), designated third and 
fourth sentences of subsec. (a) as subsec. (a)(2), deleting ``under this 
section'' after ``Member''.
    Subsec. (c). Pub. L. 91-93, Sec. 102(a)(2), substituted service 
period Nov. 1, 1956, to Dec. 31, 1969, for prior service period after 
Oct. 31, 1956, for deductions of 6\1/2\ percent of basic pay of an 
employee, inserted provision for 7 percent deduction from basic pay of 
an employee for service period after Dec. 31, 1969, inserted percentage 
of basic pay and service period provisions for Member or employee for 
Congressional employee service, substituted service period Nov. 1, 1956; 
to Dec. 31, 1969, for prior service period after Oct. 31, 1956, for 
deduction of 7\1/2\ percent of basic pay of Member for Member service, 
inserted provision for 8 percent deduction from basic pay of Member for 
Member service after Dec. 31, 1969, and inserted provision for amount of 
deposit for period of service performed before Jan. 1, 1969.
    Subsec. (g)(5). Pub. L. 91-93, Sec. 202, added par. (5).
    1968--Subsec. (c). Pub. L. 90-486 inserted provisions that the 
deposit with respect to a period of service referred to in section 
8332(b)(6) of this title which was performed prior to the specified 
effective date shall be an amount equal to 55 percent of a deposit 
computed in accordance with such provisions.

                         Change of Name

    ``United States magistrate judge'' and ``magistrate judge'' 
substituted for ``United States magistrate'' and ``magistrate'', 
respectively, wherever appearing in subsecs. (c) and (i)(4) pursuant to 
section 321 of Pub. L. 101-650, set out as a note under section 631 of 
Title 28, Judiciary and Judicial Procedure.


                    Effective Date of 2000 Amendments

    Amendment by Pub. L. 106-553 effective on the first day of the first 
applicable pay period that begins on Dec. 21, 2000, and applicable only 
to an individual who is employed as a member of the Supreme Court Police 
after Dec. 21, 2000, see section 1(a)(2) [title III, Sec. 308(i), (j)] 
of Pub. L. 106-553, set out in a Supreme Court Police Retirement note 
under section 8331 of this title.
    Pub. L. 106-346, Sec. 101(a) [title V, Sec. 505(i)], Oct. 23, 2000, 
114 Stat. 1356, 1356A-54, provided that: ``The amendments made by this 
section [amending this section, section 8422 of this title, sections 
4045, 4071c, and 4071e of Title 22, Foreign Relations and Intercourse, 
and section 2082 of Title 50, War and National Defense, enacting 
provisions set out as notes under this section, section 4045 of Title 
22, and section 2021 of Title 50, and amending provisions set out as 
notes under section 4045 of Title 22 and section 2021 of Title 50] shall 
take effect upon the close of calendar year 2000, and shall apply 
thereafter.''


                    Effective Date of 1998 Amendment

    Amendment by Pub. L. 105-261 effective at the beginning of the first 
pay period that begins after Oct. 17, 1998, and applicable only to an 
individual who is employed as a nuclear materials courier, as defined by 
section 8331(27) or 8401(33) of this title, after Oct. 17, 1998, see 
section 3154(m), (n) of Pub. L. 105-261, set out as a note under section 
8331 of this title.


                    Effective Date of 1997 Amendments

    Section 516(b) of Pub. L. 105-61 provided that: ``The amendments 
made by subsection (a) [amending this section and sections 8337, 8339, 
8341, 8343a, 8344, 8415, 8422, and 8468 of this title] shall be 
applicable to any annuity commencing before, on, or after the date of 
enactment of this Act [Oct. 10, 1997], and shall be effective with 
regard to any payment made after the first month following the date of 
enactment.''
    Section 7001(f) of Pub. L. 105-33 provided that:
    ``(1) In general.--This section [amending this section, section 8422 
of this title, sections 4045, 4071c, and 4071e of Title 22, Foreign 
Relations and Intercourse, and section 2082 of Title 50, War and 
National Defense, and enacting provisions set out as notes under this 
section, section 8422 of this title, sections 4045 and 4071c of Title 
22, and section 2021 of Title 50] shall take effect on--
        ``(A) October 1, 1997; or
        ``(B) if later, the date of enactment of this Act [Aug. 5, 
    1997].
    ``(2) Special rule.--If the date of enactment of this Act is later 
than October 1, 1997, then any reference to October 1, 1997, in 
subsection (a)(1), (c)(1), or (d)(1) shall be treated as a reference to 
the date of enactment of this Act.''


                    Effective Date of 1994 Amendment

    Amendment by Pub. L. 103-353 effective with respect to reemployments 
initiated on or after the first day after the 60-day period beginning 
Oct. 13, 1994, with transition rules, see section 8 of Pub. L. 103-353, 
set out as an Effective Date note under section 4301 of Title 38, 
Veterans' Benefits.


                    Effective Date of 1993 Amendments

    Amendment by Pub. L. 103-82 effective Oct. 1, 1993, and applicable 
with respect to any individual entitled to an annuity on the basis of a 
separation from service occurring on or after Oct. 1, 1993, see sections 
371(c) and 392 of Pub. L. 103-82, set out as notes under section 8332 of 
this title and section 4951 of Title 42, The Public Health and Welfare, 
respectively.
    Amendment by Pub. L. 103-66 effective on first day of first month 
beginning at least 30 days after Aug. 10, 1993, and applicable to all 
deposits required under section 8339(j)(3) or (5), 8339(k)(2), or 8418 
of this title, on which no payment has been made prior to such effective 
date, see section 11004(c) of Pub. L. 103-66, set out as a note under 
section 8339 of this title.


                    Effective Date of 1992 Amendment

    Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section 
911 of Pub. L. 102-572, set out as a note under section 171 of Title 28, 
Judiciary and Judicial Procedure.


                    Effective Date of 1990 Amendments

    Amendment by Pub. L. 101-650 applicable to judges of, and senior 
judges in active service with, the United States Court of Federal Claims 
on or after Dec. 1, 1990, see section 306(f) of Pub. L. 101-650, set out 
as a note under section 8331 of this title.
    Section 7001(b)(3) of Pub. L. 101-508 provided that: ``The 
amendments made by this subsection [amending this section and sections 
8339 and 8342 of this title] shall be effective with respect to any 
annuity having a commencement date later than December 1, 1990.''


                    Effective Date of 1988 Amendments

    Amendment by Pub. L. 100-659 effective Nov. 15, 1988, and applicable 
to bankruptcy judges and magistrate judges who retire on or after Nov. 
15, 1988, with exception for judges and magistrate judges retiring on or 
after July 31, 1987, see section 9 of Pub. L. 100-659, as amended, set 
out as an Effective Date note under section 377 of Title 28, Judiciary 
and Judicial Procedure.
    Section 108(b)(3) of Pub. L. 100-238 provided that: ``The amendments 
made by this subsection [amending this section and section 8349 of this 
title] shall be effective as of January 1, 1987.''


                    Effective Date of 1987 Amendment

    Amendment by Pub. L. 100-53 effective Oct. 1, 1987, and applicable 
to bankruptcy judges and United States magistrate judges in office on 
that date and to individuals subsequently appointed to such positions to 
whom this chapter otherwise applies, see section 3 of Pub. L. 100-53, as 
amended, set out as a note under section 8331 of this title.


                    Effective Date of 1986 Amendment

    Amendment by Pub. L. 99-335 effective Jan. 1, 1987, see section 
702(a) of Pub. L. 99-335, set out as an Effective Date note under 
section 8401 of this title.


                    Effective Date of 1984 Amendments

    Amendment by Pub. L. 98-615 effective May 7, 1985, with enumerated 
exceptions and specific applicability provisions, see section 4(a)(1) of 
Pub. L. 98-615, as amended, set out as a note under section 8341 of this 
title.
    Amendment by Pub. L. 98-353 effective July 10, 1984, and applicable 
to bankruptcy judges who retire on or after such date, see section 
116(e) of Pub. L. 98-353, set out as a note under section 8331 of this 
title. See, also, section 122(a) of Pub. L. 98-353, set out as an 
Effective Date note under section 151 of Title 28, Judiciary and 
Judicial Procedure.


                    Effective Date of 1983 Amendment

    Section 1256(f) of Pub. L. 98-94 provided that: ``The increase in 
deductions from the pay of a judge of the United States Court of 
Military Appeals [now United States Court of Appeals for the Armed 
Forces] required by section 8334(a) of title 5, United States Code, as 
amended by subsection (a), shall take effect with respect to the first 
pay period that begins after the date of the enactment of this Act 
[Sept. 24, 1983].''


                    Effective Date of 1982 Amendments

    Section 303(d)(1) of Pub. L. 97-253, as amended by Pub. L. 97-346, 
Sec. 3(j)(1), Oct. 15, 1982, 96 Stat. 1649, provided that:
    ``The amendments made by subsections (a) and (b) [amending this 
section and sections 8339 and 8343 of this title] shall apply with 
respect to deposits for service performed on or after October 1, 1982, 
and with respect to refunds for which application is received by either 
the employing agency or the Office of Personnel Management on or after 
such date. The provisions of section 8334 and section 8339(i) of title 
5, United States Code, as in effect the day before the date of the 
enactment of this Act [Sept. 7, 1982], shall continue to apply with 
respect to periods of service and refunds occurring on or before 
September 30, 1982. Notwithstanding the preceding two sentences, the 
amendments made by subsection (a) shall apply in the case of any deposit 
for military service under section 8334(j) of title 5, United States 
Code (as added by section 306(d) of this Act), regardless of whether 
such military service was performed before or after October 1, 1982.''
    Amendment by section 306(d), (e) of Pub. L. 97-253 effective Oct. 1, 
1982, except that any employee or Member who retired after Sept. 8, 
1982, and before Oct. 1, 1985, or is entitled to an annuity under 
chapter 83 of this title based on a separation from service occurring 
during such period, or a survivor of such individual, may make a payment 
under section 8334(j)(1) of this title, and regulations required to be 
issued under section 8334(j)(1) of this title, to be issued by the 
Office of Personnel Management within 90 days after such effective date, 
see section 306(g) of Pub. L. 97-253, as amended, set out as a note 
under section 8331 of this title.
    Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section 402 
of Pub. L. 97-164, set out as a note under section 171 of Title 28, 
Judiciary and Judicial Procedure.


                    Effective Date of 1978 Amendments

    Amendment by Pub. L. 95-598 effective Nov. 6, 1978, see section 
402(d) of Pub. L. 95-598, set out as an Effective Date note preceding 
section 101 of Title 11, Bankruptcy.
    Amendment by Pub. L. 95-454 effective 90 days after Oct. 13, 1978, 
see section 907 of Pub. L. 95-454, set out as a note under section 1101 
of this title.
    Amendment by Pub. L. 95-382 effective Oct 1, 1978, and applicable to 
specified annuities, see section 2 of Pub. L. 95-382, set out as a note 
under section 8332 of this title.


                    Effective Date of 1975 Amendment

    Section 3 of Pub. L. 94-126 provided that: ``The amendments made by 
the first section of this Act [amending this section and sections 8339 
and 8345 of this title] shall become effective as of January 1, 1969, 
except that such amendments shall not apply to a person who, on the date 
of enactment of this Act [Nov. 12, 1975], is receiving or is entitled to 
receive benefits under any retirement system established by the United 
States or any instrumentality thereof, unless such person requests, in 
writing, the office which administers his retirement system to apply 
such amendments to him. Any additional benefits payable pursuant to such 
a written request shall commence on the first day of the month 
[December] following the date of the enactment of this Act.''


                    Effective Date of 1974 Amendment

    Amendment by Pub. L. 93-350 effective at beginning of first 
applicable pay period which begins after Dec. 31, 1974, see section 7 of 
Pub. L. 93-350, set out as a note under section 3307 of this title.


                    Effective Date of 1972 Amendment

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


                    Effective Date of 1969 Amendment

    Section 102(b) of Pub. L. 91-93 provided that: ``The amendment made 
by subsection (a)(1) of this section [amending this section] shall 
become effective at the beginning of the first applicable pay period 
beginning after December 31, 1969.''
    Amendment by Pub. L. 91-93 inapplicable in cases of persons retired 
or otherwise separated prior to Oct. 20, 1969, their rights and of their 
survivors continued as if such amendment had not been enacted, see 
section 207(a) of Pub. L. 91-93, set out as a note under section 8331 of 
this title.


                    Effective Date of 1968 Amendment

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


        Contributions to Federal Civil Service Retirement System

    Pub. L. 106-346, Sec. 101(a) [title V, Sec. 505(f)], Oct. 23, 2000, 
114 Stat. 1356, 1356A-54, provided that: ``Notwithstanding section 
8334(a)(1) or (k)(1) of title 5, United States Code, during the period 
beginning on October 1, 2002, through December 31, 2002, each employing 
agency (other than the United States Postal Service or the Metropolitan 
Washington Airports Authority) shall contribute--
        ``(1) 7.5 percent of the basic pay of an employee;
        ``(2) 8 percent of the basic pay of a congressional employee, a 
    law enforcement officer, a member of the Capitol Police, a 
    firefighter, or a nuclear materials courier; and
        ``(3) 8.5 percent of the basic pay of a Member of Congress, a 
    Court of Federal Claims judge, a United States magistrate [now 
    United States magistrate judge], a judge of the United States Court 
    of Appeals for the Armed Forces, or a bankruptcy judge,
in lieu of the agency contributions otherwise required under section 
8334(a)(1) of such title 5.''
    Pub. L. 105-261, div. C, title XXXI, Sec. 3154(c)(3), Oct. 17, 1998, 
112 Stat. 2255, provided that: ``Notwithstanding subsection (a)(1) or 
(k)(1) of section 8334 of title 5, United States Code, or section 
7001(a) of Public Law 105-33 [set out as a note below], during the 
period beginning on the effective date provided for under subsection 
(n)(1) [set out as an Effective Date of 1998 Amendment note under 
section 8331 of this title] and ending on September 30, 2002, the 
Department of Energy shall deposit in the Treasury of the United States 
to the credit of the Civil Service Retirement and Disability Fund on 
behalf of each nuclear materials courier from whose basic pay a 
deduction is made under such subsection (a)(1) during that period an 
amount equal to 9.01 percent of such basic pay, in lieu of the agency 
contributions otherwise required under such subsection (a)(1) during 
that period.''
    Section 7001(a)(1), (2) of Pub. L. 105-33 provided that:
    ``(1) Agency contributions.--
        ``(A) In general.--Notwithstanding section 8334(a)(1) or (k)(1) 
    of title 5, United States Code, during the period beginning on 
    October 1, 1997, through September 30, 2002, each employing agency 
    (other than the United States Postal Service or the Metropolitan 
    Washington Airports Authority) shall contribute--
            ``(i) 8.51 percent of the basic pay of an employee;
            ``(ii) 9.01 percent of the basic pay of a congressional 
        employee, a law enforcement officer, a member of the Capitol 
        police, or a firefighter; and
            ``(iii) 9.51 percent of the basic pay of a Member of 
        Congress, a Court of Federal Claims judge, a United States 
        magistrate [now United States magistrate judge], a judge of the 
        United States Court of Appeals for the Armed Forces, or a 
        bankruptcy judge;
    in lieu of the agency contributions otherwise required under section 
    8334(a)(1) of title 5, United States Code.
        ``(B) Application.--For purposes of subparagraph (A) and 
    notwithstanding the amendments made by paragraph (3) [amending this 
    section], during the period beginning on January 1, 1999 through 
    December 31, 2002, with respect to the United States Postal Service 
    and the Metropolitan Washington Airports Authority, the agency 
    contribution shall be determined as though those amendments had not 
    been made.
    ``(2) No reduction in agency contributions by the postal service.--
Contributions by the Treasury of the United States or the United States 
Postal Service under section 8348(g), (h), or (m) of title 5, United 
States Code--
        ``(A) shall not be reduced as a result of the amendments made 
    under paragraph (3) of this subsection; and
        ``(B) shall be computed as though such amendments had not been 
    enacted.''


Offsets To Prevent Full Double Coverage for Employees of Park Police and 
                             Secret Service

    Section 103(e) of Pub. L. 100-238 provided that: ``Notwithstanding 
any other provision of law, in the case of an employee of the United 
States Secret Service or the United States Park Police whose pay is 
simultaneously subject to a deposit requirement under the District of 
Columbia Police and Firefighters' Retirement and Disability System and 
the contribution requirement under section 3101(a) of the Internal 
Revenue Code of 1986 [26 U.S.C. 3101(a)]--
        ``(1) any deposits under the District of Columbia Police and 
    Firefighters' Retirement and Disability System shall be adjusted in 
    a manner consistent with section 8334(k) of title 5, United States 
    Code (relating to offsets in deductions from pay to reflect OASDI 
    contributions); and
        ``(2) any benefits payable under the District of Columbia Police 
    and Firefighters' Retirement and Disability System based on the 
    service of any such employee shall be adjusted in a manner 
    consistent with section 8349 of title 5, United States Code 
    (relating to offsets to reflect benefits under title II of the 
    Social Security Act [42 U.S.C. 401 et seq.]).''


    Refunds of Certain Excess Deductions Taken After 1983 To Offset 
                          Employees Under CSRS

    Section 128 of Pub. L. 100-238 provided that:
    ``(a) Refund Eligibility.--An individual shall upon written 
application to the Office of Personnel Management, receive a refund 
under subsection (b), if such individual--
        ``(1) was subject to section 8334(a)(1) of title 5, United 
    States Code, for any period of service after December 31, 1983, 
    because of an election under section 208(a)(1)(B) of the Federal 
    Employees' Retirement Contribution Temporary Adjustment Act of 1983 
    (97 Stat. 1107; 5 U.S.C. 8331 note);
        ``(2) is not eligible to make an election under section 301(b) 
    of the Federal Employees' Retirement System Act of 1986 (Public Law 
    99-335; 100 Stat. 599) [5 U.S.C. 8331 note]; and
        ``(3) becomes subject to section 8334(k) of title 5, United 
    States Code.
    ``(b) Refund Computation.--An individual eligible for a refund under 
subsection (a) shall receive a refund--
        ``(1) for the period beginning on January 1, 1984, and ending on 
    December 31, 1986, for the amount by which--
            ``(A) the total amount deducted from such individual's basic 
        pay under section 8334(a)(1) of title 5, United States Code, for 
        service described in subsection (a)(1) of this section, exceeds
            ``(B) 1.3 percent of such individual's total basic pay for 
        such period; and
        ``(2) for the period beginning on January 1, 1987, and ending on 
    the day before such individual becomes subject to section 8334(k) of 
    title 5, United States Code, for the amount by which--
            ``(A) the total amount deducted from such individual's basic 
        pay under section 8334(a)(1) of title 5, United States Code, for 
        service described in subsection (a)(1) of this section, exceeds
            ``(B) the total amount which would have been deducted if 
        such individual's basic pay had instead been subject to section 
        8334(k) of title 5, United States Code, during such period.
    ``(c) Interest Computation.--A refund under this section shall be 
computed with interest in accordance with section 8334(e) of title 5, 
United States Code, and regulations prescribed by the Office of 
Personnel Management.''


                       National Guard Technicians

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

                  Section Referred to in Other Sections

    This section is referred to in sections 8331, 8332, 8333, 8339, 
8342, 8344, 8348, 8411, 8422, 8432 of this title; title 10 sections 942, 
945; title 12 section 1723a; title 22 sections 3671, 3681, 3968, 4045; 
title 26 section 3121; title 28 sections 611, 627; title 40 section 881; 
title 42 sections 410, 2297h-8; title 45 section 1206; title 50 sections 
2021, 2031, 2082, 2121.
