
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-107 Section 1131(a)]
[CITE: 5USC8347]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                   Subpart G--Insurance and Annuities
 
                         CHAPTER 83--RETIREMENT
 
                SUBCHAPTER III--CIVIL SERVICE RETIREMENT
 
Sec. 8347. Administration; regulations

    (a) The Office of Personnel Management shall administer this 
subchapter. Except as otherwise specifically provided herein, the Office 
shall perform, or cause to be performed, such acts and prescribe such 
regulations as are necessary and proper to carry out this subchapter.
    (b) Applications under this subchapter shall be in such form as the 
Office prescribes. Agencies shall support the applications by such 
certificates as the Office considers necessary to the determination of 
the rights of applicants. The Office shall adjudicate all claims under 
this subchapter.
    (c) The Office shall determine questions of disability and 
dependency arising under this subchapter. Except to the extent provided 
under subsection (d) of this section, the decisions of the Office 
concerning these matters are final and conclusive and are not subject to 
review. The Office may direct at any time such medical or other 
examinations as it considers necessary to determine the facts concerning 
disability or dependency of an individual receiving or applying for 
annuity under this subchapter. The Office may suspend or deny annuity 
for failure to submit to examination.
    (d)(1) Subject to paragraph (2) of this subsection, an 
administrative action or order affecting the rights or interests of an 
individual or of the United States under this subchapter may be appealed 
to the Merit Systems Protection Board under procedures prescribed by the 
Board.
    (2) In the case of any individual found by the Office to be disabled 
in whole or in part on the basis of the individual's mental condition, 
and that finding was made pursuant to an application by an agency for 
purposes of disability retirement under section 8337(a) of this title, 
the procedures under section 7701 of this title shall apply and the 
decision of the Board shall be subject to judicial review under section 
7703 of this title.
    (e) The Office shall fix the fees for examinations made under this 
subchapter by physicians or surgeons who are not medical officers of the 
United States. The fees and reasonable traveling and other expenses 
incurred in connection with the examinations are paid from 
appropriations for the cost of administering this subchapter.
    (f) The Office shall select three actuaries, to be known as the 
Board of Actuaries of the Civil Service Retirement System. The Office 
shall fix the pay of the members of the Board, except members otherwise 
in the employ of the United States. The Board shall report annually on 
the actuarial status of the System and furnish its advice and opinion on 
matters referred to it by the Office. The Board may recommend to the 
Office and to Congress such changes as in the Board's judgment are 
necessary to protect the public interest and maintain the System on a 
sound financial basis. The Office shall keep, or cause to be kept, such 
records as it considers necessary for making periodic actuarial 
valuations of the System. The Board shall make actuarial valuations 
every 5 years, or oftener if considered necessary by the Office.
    (g) The Office may exclude from the operation of this subchapter an 
employee or group of employees in or under an Executive agency whose 
employment is temporary or intermittent. However, the Office may not 
exclude any employee who occupies a position on a part-time career 
employment basis (as defined in section 3401(2) of this title).
    (h) The Office, on recommendation by the Mayor of the District of 
Columbia, may exclude from the operation of this subchapter an 
individual or group of individuals employed by the government of the 
District of Columbia whose employment is temporary or intermittent.
    (i) The Architect of the Capitol may exclude from the operation of 
this subchapter an employee under the Office of the Architect of the 
Capitol whose employment is temporary or of uncertain duration.
    (j) The Librarian of Congress may exclude from the operation of this 
subchapter an employee under the Library of Congress whose employment is 
temporary or of uncertain duration.
    (k) The Secretary of Agriculture shall prescribe regulations to 
effect the application and operation of this subchapter to an individual 
named by section 8331(1)(F) of this title.
    (l) The Director or Acting Director of the Botanic Garden may 
exclude from the operation of this subchapter an employee under the 
Botanic Garden whose employment is temporary or of uncertain duration.
    (m) Notwithstanding any other provision of law, for the purpose of 
ensuring the accuracy of information used in the administration of this 
chapter, at the request of the Director of the Office of Personnel 
Management--
        (1) the Secretary of Defense or the Secretary's designee shall 
    provide information on retired or retainer pay provided under title 
    10;
        (2) the Secretary of Veterans Affairs shall provide information 
    on pensions or compensation provided under title 38;
        (3) the Commissioner of Social Security or the Secretary's \1\ 
    designee shall provide information contained in the records of the 
    Social Security Administration; and
---------------------------------------------------------------------------
    \1\ So in original. Probably should be ``Commissioner's''.
---------------------------------------------------------------------------
        (4) the Secretary of Labor or the Secretary's designee shall 
    provide information on benefits paid under subchapter I of chapter 
    81 of this title.

The Director shall request only such information as the Director 
determines is necessary. The Director, in consultation with the 
officials from whom information is requested, shall establish, by 
regulation and otherwise, such safeguards as are necessary to ensure 
that information made available under this subsection is used only for 
the purpose authorized.
    (n)(1) Notwithstanding any other provision of this subchapter, the 
Director of Central Intelligence shall, in a manner consistent with the 
administration of this subchapter by the Office, and to the extent 
considered appropriate by the Director of Central Intelligence--
        (A) determine entitlement to benefits under this subchapter 
    based on the service of employees of the Central Intelligence 
    Agency;
        (B) maintain records relating to the service of such employees;
        (C) compute benefits under this subchapter based on the service 
    of such employees;
        (D) collect deposits to the Fund made by such employees, their 
    spouses, and their former spouses;
        (E) authorize and direct disbursements from the Fund to the 
    extent based on service of such employees; and
        (F) perform such other functions under this subchapter as the 
    Director of Central Intelligence, in consultation with the Director 
    of the Office of Personnel Management, determines to be appropriate.

    (2) The Director of the Office of Personnel Management shall furnish 
such information and, on a reimbursable basis, such services to the 
Director of Central Intelligence as the Director of Central Intelligence 
requests to carry out paragraph (1) of this subsection.
    (3)(A) The Director of Central Intelligence, in consultation with 
the Director of the Office of Personnel Management, shall by regulation 
prescribe appropriate procedures to carry out this subsection.
    (B) The regulations shall provide procedures for the Director of the 
Office of Personnel Management to inspect and audit disbursements from 
the Civil Service Retirement and Disability Fund under this subchapter.
    (C) The Director of Central Intelligence shall submit the 
regulations prescribed under subparagraph (A) to the Select Committee on 
Intelligence of the Senate and the Permanent Select Committee on 
Intelligence of the House of Representatives before the regulations take 
effect.
    (4)(A) Section 201(c) of the Central Intelligence Agency Retirement 
Act shall apply in the administration of this subchapter to the extent 
that the provisions of this subchapter are administered under this 
subsection.
    (B) Notwithstanding subparagraph (A) of this paragraph, section 
8347(d) of this title shall apply with respect to employees of the 
Central Intelligence Agency who are subject to the Civil Service 
Retirement System.
    (o) Any provision of law outside of this subchapter which provides 
coverage, service credit, or any other benefit under this subchapter to 
any individuals who (based on their being employed by an entity other 
than the Government) would not otherwise be eligible for any such 
coverage, credit, or benefit, shall not apply with respect to any 
individual appointed, transferred, or otherwise commencing that type of 
employment on or after October 1, 1988.
    (p) The Director of the Administrative Office of the United States 
Courts may exclude from the operation of this subchapter an employee of 
the Administrative Office of the United States Courts, the Federal 
Judicial Center, or a court named by section 610 of title 28, whose 
employment is temporary or of uncertain duration.
    (q)(1) Under regulations prescribed by the Office of Personnel 
Management, an employee who--
        (A) has not previously made an election under this subsection or 
    had an opportunity to make an election under this paragraph;
        (B) has 5 or more years of civilian service creditable under 
    this subchapter; and
        (C) moves, without a break in service of more than 1 year, to 
    employment in a nonappropriated fund instrumentality of the 
    Department of Defense or the Coast Guard, respectively, described in 
    section 2105(c),

shall be given the opportunity to elect irrevocably, within 30 days 
after such move, to remain covered as an employee under this subchapter 
during any employment described in section 2105(c) after such move.
    (2) Under regulations prescribed by the Office of Personnel 
Management, an employee of a nonappropriated fund instrumentality of the 
Department of Defense or the Coast Guard, described in section 2105(c), 
who--
        (A) has not previously made an election under this subsection or 
    had an opportunity to make an election under this paragraph;
        (B) is a vested participant in a retirement system established 
    for employees described in section 2105(c), as the term ``vested 
    participant'' is defined by such system;
        (C) moves, without a break in service of more than 1 year, to a 
    position that is not described in section 2105(c); and
        (D) is excluded from coverage under chapter 84 by section 
    8402(b),

shall be given the opportunity to elect irrevocably, within 30 days 
after such move, to remain covered, during any subsequent employment as 
an employee as defined in section 2105(a) or section 2105(c), by the 
retirement system applicable to such employee's current or most recent 
employment described in section 2105(c) rather than be subject to this 
subchapter.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 583; Pub. L. 90-83, Sec. 1(84), 
Sept. 11, 1967, 81 Stat. 218; Pub. L. 90-623, Sec. 1(22), Oct. 22, 1968, 
82 Stat. 1313; Pub. L. 95-437, Sec. 4(a), Oct. 10, 1978, 92 Stat. 1058; 
Pub. L. 95-454, title IX, Sec. 906(a)(2), (3), (9), (c)(2)(F), Oct. 13, 
1978, 92 Stat. 1224, 1225, 1227; Pub. L. 96-54, Sec. 2(a)(50), Aug. 14, 
1979, 93 Stat. 384; Pub. L. 96-499, title IV, Sec. 404(b), Dec. 5, 1980, 
94 Stat. 2606; Pub. L. 96-500, Sec. 1, Dec. 5, 1980, 94 Stat. 2696; Pub. 
L. 97-253, title III, Sec. 302(b), Sept. 8, 1982, 96 Stat. 793; Pub. L. 
99-335, title II, Sec. 207(i), June 6, 1986, 100 Stat. 596; Pub. L. 100-
238, title I, Sec. 108(a)(1), Jan. 8, 1988, 101 Stat. 1747; Pub. L. 101-
474, Sec. 5(n), Oct. 30, 1990, 104 Stat. 1100; Pub. L. 101-508, title 
VII, Sec. 7202(j)(2), Nov. 5, 1990, 104 Stat. 1388-337; Pub. L. 102-54, 
Sec. 13(b)(5), June 13, 1991, 105 Stat. 274; Pub. L. 102-378, 
Sec. 2(64), Oct. 2, 1992, 106 Stat. 1354; Pub. L. 102-496, title VIII, 
Sec. 803(c), Oct. 24, 1992, 106 Stat. 3253; Pub. L. 103-296, title I, 
Sec. 108(e)(5), Aug. 15, 1994, 108 Stat. 1486; Pub. L. 104-106, div. A, 
title X, Sec. 1043(a)(1), Feb. 10, 1996, 110 Stat. 434.)

                      Historical and Revision Notes
                                1966 Act
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
(a)-(f)............  5 U.S.C. 2266 (less (f)).     July 31, 1956, ch.
                                                    804, Sec.  401
                                                    ``Sec. 16 (less
                                                    (f))'', 70 Stat.
                                                    758.
(g)-(k)............  5 U.S.C. 2252(e), (f) (words  July 31, 1956, ch.
                      after semicolon), (h) (1).    804, Sec.  401
                                                    ``Sec. 2(e), (f)
                                                    (words after
                                                    semicolon)'', 70
                                                    Stat. 745.
                     ............................  July 1, 1960, Pub. L.
                                                    86-568, Sec.
                                                    115(b)(1) ``(h)
                                                    (1)'', 74 Stat. 302.
------------------------------------------------------------------------

    In subsection (a), the words ``to carry out this subchapter'' are 
substituted for ``for the purpose of carrying the provisions of this 
chapter into full force and effect''.
    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)
------------------------------------------------------------------------
8347(l)............  5 App.: 2252(f).              Sept. 26, 1966, Pub.
                                                    L. 89-604, Sec.
                                                    1(c), 80 Stat. 847.
------------------------------------------------------------------------

                       References in Text

    Section 201(c) of the Central Intelligence Agency Retirement Act, 
referred to in subsec. (n)(4)(A), is classified to section 2011(c) of 
Title 50, War and National Defense.


                               Amendments

    1996--Subsec. (q)(1). Pub. L. 104-106, Sec. 1043(a)(1)(A), struck 
out ``of the Department of Defense or the Coast Guard'' after ``an 
employee'' in introductory provisions and substituted ``1 year'' for ``3 
days'' in subpar. (C).
    Subsec. (q)(2)(C). Pub. L. 104-106, Sec. 1043(a)(1)(B), substituted 
``1 year'' for ``3 days'' and struck out ``in the Department of Defense 
or the Coast Guard, respectively,'' after ``to a position''.
    1994--Subsec. (m)(3). Pub. L. 103-296 substituted ``Commissioner of 
Social Security'' for ``Secretary of Health and Human Services''.
    1992--Subsec. (n)(4)(A). Pub. L. 102-496 substituted ``the Central 
Intelligence Agency Retirement Act'' for ``the Central Intelligence 
Agency Retirement Act of 1964 for Certain Employees''.
    Subsec. (p). Pub. L. 102-378, Sec. 2(64)(A), redesignated subsec. 
(p), relating to employees of Department of Defense and Coast Guard, as 
(q).
    Subsec. (q). Pub. L. 102-378, Sec. 2(64)(A), redesignated subsec. 
(p), relating to employees of Department of Defense and Coast Guard, as 
(q).
    Subsec. (q)(1)(A), (2)(A). Pub. L. 102-378, Sec. 2(64)(B), amended 
subpars. (A) generally. Prior to amendment, subpars. (A) read as 
follows: ``has not previously made or had an opportunity to make an 
election under this subsection;''.
    1991--Subsec. (m)(2). Pub. L. 102-54 substituted ``Secretary'' for 
``Administrator''.
    1990--Subsec. (p). Pub. L. 101-508 added subsec. (p) relating to 
elections by employees of Department of Defense, Coast Guard, or a 
nonappropriated fund instrumentality of Department of Defense or Coast 
Guard.
    Pub. L. 101-474 added subsec. (p) relating to Director of 
Administrative Office of United States Courts.
    1988--Subsec. (o). Pub. L. 100-238 added subsec. (o).
    1986--Subsec. (n). Pub. L. 99-335 added subsec. (n).
    1982--Subsec. (m)(3), (4). Pub. L. 97-253 added pars. (3) and (4).
    1980--Subsec. (c). Pub. L. 96-500, Sec. 1(a), substituted ``Except 
to the extent provided under subsection (d) of this section, the 
decisions of the Office concerning'' for ``The decisions of the Office 
concerning''.
    Subsec. (d). Pub. L. 96-500, Sec. 1(b), designated existing 
provisions as par. (1), made such par. (1) subject to the provisions of 
par. (2), and added par. (2).
    Subsec. (m). Pub. L. 96-499 added subsec. (m).
    1979--Subsec. (h). Pub. L. 96-54 substituted ``Mayor'' for 
``Commissioner''.
    1978--Subsecs. (a) to (c). Pub. L. 95-454, Sec. 906(a)(2), (3), 
substituted ``Office of Personnel Management'' and ``Office'' for 
``Civil Service Commission'' and ``Commission'', respectively.
    Subsec. (d). Pub. L. 95-454, Sec. 906(a)(9), substituted ``Merit 
Systems Protection Board'' for ``Commission'', and ``Board'' for 
``Commission''.
    Subsecs. (e), (f). Pub. L. 95-454, Sec. 906(a)(3), substituted 
``Office'' for ``Commission'' wherever appearing.
    Subsec. (g). Pub. L. 95-454, Sec. 906(a)(3), (c)(2)(F), substituted 
``Office'' for ``Commission'' wherever appearing, and ``3401'' for 
``3391''.
    Pub. L. 95-437 inserted provision prohibiting the Commission from 
excluding any employee who occupies a position on a part-time career 
employment basis, as defined in section 3391(2) of this title.
    Subsec. (h). Pub. L. 95-454, Sec. 906(a)(3), substituted ``Office'' 
for ``Commission''.
    1968--Subsec. (h). Pub. L. 90-623 substituted ``Commissioner'' for 
``Commissioners''.


                    Effective Date of 1996 Amendment

    For effective date of amendments by Pub. L. 104-106, see 
Regulations; Effective Date of 1996 Amendment note below.


                    Effective Date of 1994 Amendment

    Amendment by Pub. L. 103-296 effective Mar. 31, 1995, see section 
110(a) of Pub. L. 103-296, set out as a note under section 401 of Title 
42, The Public Health and Welfare.


                    Effective Date of 1992 Amendments

    Amendment by Pub. L. 102-496 effective on first day of fourth month 
beginning after Oct. 24, 1992, see section 805 of Pub. L. 102-496, set 
out as an Effective Date note under section 2001 of Title 50, War and 
National Defense.
    Amendment by section 2(64) of Pub. L. 102-378 effective Nov. 5, 
1990, see section 9(b)(6) of Pub. L. 102-378, set out as a note under 
section 6303 of this title.


                    Effective Date of 1990 Amendment

    Amendment by Pub. L. 101-508 applicable with respect to any 
individual who, on or after Jan. 1, 1987, moves from employment in 
nonappropriated fund instrumentality of Department of Defense or Coast 
Guard, that is described in section 2105(c) of this title, to employment 
in Department or Coast Guard, that is not described in section 2105(c), 
or who moves from employment in Department or Coast Guard, that is not 
described in section 2105(c), to employment in nonappropriated fund 
instrumentality of Department or Coast Guard, that is described in 
section 2105(c), see section 7202(m)(1) of Pub. L. 101-508, set out as a 
note under section 2105 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 1982 Amendment

    Amendment by Pub. L. 97-253 effective Oct. 1, 1982, see section 
302(c)(1) of Pub. L. 97-253, as amended by section 3(i) of Pub. L. 97-
346, set out as a note under section 8337 of this title.


                    Effective Date of 1980 Amendments

    Section 2 of Pub. L. 96-500 provided that: ``The amendments made by 
the first section of this Act [amending this section] shall apply with 
respect to determinations made by the Office of Personnel Management on 
or after the first day of the first month beginning after the date of 
the enactment of this Act [Dec. 5, 1980].''
    Amendment by Pub. L. 96-499 effective Dec. 5, 1980, see section 
404(c) of Pub. L. 96-499, set out as a note under section 8339 of this 
title.


                    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 1968 Amendment

    Amendment by Pub. L. 90-623 intended to restate without substantive 
change the law in effect on Oct. 22, 1968, see section 6 of Pub. L. 90-
623, set out as a note under section 5334 of this title.


              Regulations; Effective Date of 1996 Amendment

    Section 1043(b), (c) of Pub. L. 104-106 provided that:
    ``(b) Regulations.--Not later than 6 months after the date of the 
enactment of this Act [Feb. 10, 1996], the Office of Personnel 
Management (and each of the other administrative authorities, within the 
meaning of subsection (c)(2)(C)(iii)) shall prescribe any regulations 
(or make any modifications in existing regulations) necessary to carry 
out this section [amending this section and sections 3502 and 8461 of 
this title and enacting provisions set out as a note under section 3502 
of this title] and the amendments made by this section, including 
regulations to provide for the notification of individuals who may be 
affected by the enactment of this section. All regulations (and 
modifications to regulations) under the preceding sentence shall take 
effect on the same date.
    ``(c) Applicability; Related Provisions.--
        ``(1) Prospective rules.--Except as otherwise provided in this 
    subsection, the amendments made by this section [amending this 
    section and sections 3502 and 8461 of this title] shall apply with 
    respect to moves occurring on or after the effective date of the 
    regulations under subsection (b). Moves occurring on or after the 
    date of the enactment of this Act [Feb. 10, 1996] and before the 
    effective date of such regulations shall be subject to applicable 
    provisions of title 5, United States Code, disregarding the 
    amendments made by this section, except that any individual making 
    an election pursuant to this sentence shall be ineligible to make an 
    election otherwise allowable under paragraph (2).
        ``(2) Retroactive rules.--
            ``(A) In general.--The regulations under subsection (b) 
        shall include provisions for the application of sections 8347(q) 
        and 8461(n) of title 5, United States Code, as amended by this 
        section, with respect to any individual who, at any time after 
        December 31, 1965, and before the effective date of such 
        regulations, moved between positions in circumstances that would 
        have qualified such individual to make an election under the 
        provisions of such section 8347(q) or 8461(n), as so amended, if 
        such provisions had then been in effect.
            ``(B) Deadline; related provisions.--An election pursuant to 
        this paragraph--
                ``(i) shall be made within 1 year after the effective 
            date of the regulations under subsection (b), and
                ``(ii) shall have the same force and effect as if it had 
            been timely made at the time of the move,
    except that no such election may be made by any individual--
                ``(I) who has previously made, or had an opportunity to 
            make, an election under section 8347(q) or 8461(n) of title 
            5, United States Code (as in effect before being amended by 
            this section); however, this subclause shall not be 
            considered to render an individual ineligible, based on an 
            opportunity arising out of a move occurring during the 
            period described in the second sentence of paragraph (1), if 
            no election has in fact been made by such individual based 
            on such move;
                ``(II) who has not, since the move on which eligibility 
            for the election is based, remained continuously subject 
            (disregarding any break in service of less than 3 days) to 
            CSRS or FERS or both seriatim (if the move was from a NAFI 
            position) or any retirement system (or 2 or more such 
            systems seriatim) established for employees described in 
            section 2105(c) of such title (if the move was to a NAFI 
            position); or
                ``(III) if such election would be based on a move to the 
            Civil Service Retirement System from a retirement system 
            established for employees described in section 2105(c) of 
            such title.
            ``(C) Transfers of contributions.--
                ``(i) In general.--If an individual makes an election 
            under this paragraph to be transferred back to a retirement 
            system in which such individual previously participated (in 
            this section referred to as the `previous system'), all 
            individual contributions (including interest) and Government 
            contributions to the retirement system in which such 
            individual is then currently participating (in this section 
            referred to as the `current system'), excluding those made 
            to the Thrift Savings Plan or any other defined contribution 
            plan, which are attributable to periods of service performed 
            since the move on which the election is based, shall be paid 
            to the fund, account, or other repository for contributions 
            made under the previous system. For purposes of this 
            section, the term `current system' shall be considered also 
            to include any retirement system (besides the one in which 
            the individual is participating at the time of making the 
            election) in which such individual previously participated 
            since the move on which the election is based.
                ``(ii) Condition subsequent relating to repayment of 
            lump-sum credit.--In the case of an individual who has 
            received such individual's lump-sum credit (within the 
            meaning of section 8401(19) of title 5, United States Code, 
            or a similar payment) from such individual's previous 
            system, the payment described in clause (i) shall not be 
            made (and the election to which it relates shall be 
            ineffective) unless such lump-sum credit is redeposited or 
            otherwise paid at such time and in such manner as shall be 
            required under applicable regulations. Regulations to carry 
            out this clause shall include provisions for the computation 
            of interest (consistent with section 8334(e)(2) and (3) of 
            title 5, United States Code), if no provisions for such 
            computation otherwise exist.
                ``(iii) Condition subsequent relating to deficiency in 
            payments relative to amounts needed to ensure that benefits 
            are fully funded.--
          ``(I) In general.--Except as provided in subclause (II), the 
                payment described in clause (i) shall not be made (and 
                the election to which it relates shall be ineffective) 
                if the actuarial present value of the future benefits 
                that would be payable under the previous system with 
                respect to service performed by such individual after 
                the move on which the election under this paragraph is 
                based and before the effective date of the election, 
                exceeds the total amounts required to be transferred to 
                the previous system under the preceding provisions of 
                this subparagraph with respect to such service, as 
                determined by the authority administering such previous 
                system (in this section referred to as the 
                `administrative authority').
          ``(II) Payment of deficiency.--A determination of a deficiency 
                under this clause shall not render an election 
                ineffective if the individual pays or arranges to pay, 
                at a time and in a manner satisfactory to such 
                administrative authority, the full amount of the 
                deficiency described in subclause (I).
            ``(D) Alternative election for an individual then 
        participating in fers.--
                ``(i) Applicability.--This subparagraph applies with 
            respect to any individual who--
          ``(I) is then currently participating in FERS; and
          ``(II) would then otherwise be eligible to make an election 
                under subparagraphs (A) through (C) of this paragraph, 
                determined disregarding the matter in subclause (I) of 
                subparagraph (B) before the first semicolon therein.
                ``(ii) Election.--An individual described in clause (i) 
            may, instead of making an election for which such individual 
            is otherwise eligible under this paragraph, elect to have 
            all prior qualifying NAFI service of such individual treated 
            as creditable service for purposes of any annuity under FERS 
            payable out of the Civil Service Retirement and Disability 
            Fund.
                ``(iii) Qualifying nafi service.--For purposes of this 
            subparagraph, the term `qualifying NAFI service' means any 
            service which, but for this subparagraph, would be 
            creditable for purposes of any retirement system established 
            for employees described in section 2105(c) of title 5, 
            United States Code.
                ``(iv) Service ceases to be creditable for nafi 
            retirement system purposes.--Any qualifying NAFI service 
            that becomes creditable for FERS purposes by virtue of an 
            election made under this subparagraph shall not be 
            creditable for purposes of any retirement system referred to 
            in clause (iii).
                ``(v) Conditions.--An election under this subparagraph 
            shall be subject to requirements, similar to those set forth 
            in subparagraph (C), to ensure that--
          ``(I) appropriate transfers of individual and Government 
                contributions are made to the Civil Service Retirement 
                and Disability Fund; and
          ``(II) the actuarial present value of future benefits under 
                FERS attributable to service made creditable by such 
                election is fully funded.
            ``(E) Alternative election for an individual then 
        participating in a nafi retirement system.--
                ``(i) Applicability.--This subparagraph applies with 
            respect to any individual who--
          ``(I) is then currently participating in any retirement system 
                established for employees described in section 2105(c) 
                of title 5, United States Code (in this subparagraph 
                referred to as a `NAFI retirement system'); and
          ``(II) would then otherwise be eligible to make an election 
                under subparagraphs (A) through (C) of this paragraph 
                (determined disregarding the matter in subclause (I) of 
                subparagraph (B) before the first semicolon therein) 
                based on a move from FERS.
                ``(ii) Election.--An individual described in clause (i) 
            may, instead of making an election for which such individual 
            is otherwise eligible under this paragraph, elect to have 
            all prior qualifying FERS service of such individual treated 
            as creditable service for purposes of determining 
            eligibility for benefits under a NAFI retirement system, but 
            not for purposes of computing the amount of any such 
            benefits except as provided in clause (v)(II).
                ``(iii) Qualifying fers service.--For purposes of this 
            subparagraph, the term `qualifying FERS service' means any 
            service which, but for this subparagraph, would be 
            creditable for purposes of the Federal Employees' Retirement 
            System.
                ``(iv) Service ceases to be creditable for purposes of 
            fers.--Any qualifying FERS service that becomes creditable 
            for NAFI purposes by virtue of an election made under this 
            subparagraph shall not be creditable for purposes of the 
            Federal Employees' Retirement System.
                ``(v) Funding requirements.--
          ``(I) In general.--Except as provided in subclause (II), 
                nothing in this section or in any other provision of law 
                or any other authority shall be considered to require 
                any payment or transfer of monies in order for an 
                election under this subparagraph to be effective.
          ``(II) Contribution required only if individual elects to have 
                service made creditable for computation purposes as 
                well.--Under regulations prescribed by the appropriate 
                administrative authority, an individual making an 
                election under this subparagraph may further elect to 
                have the qualifying FERS service made creditable for 
                computation purposes under a NAFI retirement system, but 
                only if the individual pays or arranges to pay, at a 
                time and in a manner satisfactory to such administrative 
                authority, the amount necessary to fully fund the 
                actuarial present value of future benefits under the 
                NAFI retirement system attributable to the qualifying 
                FERS service.
        ``(3) Information.--The regulations under subsection (b) shall 
    include provisions under which any individual--
            ``(A) shall, upon request, be provided information or 
        assistance in determining whether such individual is eligible to 
        make an election under paragraph (2) and, if so, the exact 
        amount of any payment which would be required of such individual 
        in connection with any such election; and
            ``(B) may seek any other information or assistance relating 
        to any such election.''


                  Termination of Reporting Requirements

    For termination, effective May 15, 2000, of provisions of law 
requiring submittal to Congress of any annual, semiannual, or other 
regular periodic report listed in House Document No. 103-7 (in which the 
report required by subsec. (f) of this section is listed on page 187), 
see section 3003 of Pub. L. 104-66, as amended, set out as a note under 
section 1113 of Title 31, Money and Finance.


  Treatment of Individuals Electing To Remain Subject to Their Former 
                            Retirement System

    For provisions relating to the deductions and contributions required 
with respect to individuals electing under section 8347(q) or 8461(n) of 
this title to remain covered under subchapter III of chapter 83 of this 
title, chapter 84 of this title, or a retirement system for employees 
described in section 2105(c) of this title, see section 7202(n) of Pub. 
L. 101-508, set out as a note under section 2105 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 8331, 8334, 8348, 8349, 
8423, 8461 of this title; title 22 section 6103; title 25 section 450i.
