
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC8402]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                   Subpart G--Insurance and Annuities
 
            CHAPTER 84--FEDERAL EMPLOYEES' RETIREMENT SYSTEM
 
                    SUBCHAPTER I--GENERAL PROVISIONS
 
Sec. 8402. Federal Employees' Retirement System; exclusions

    (a) The provisions of this chapter comprise the Federal Employees' 
Retirement System.
    (b) The provisions of this chapter shall not apply with respect to--
        (1) any individual who has performed service of a type described 
    in subparagraph (C), (D), (E), or (F) of section 210(a)(5) of the 
    Social Security Act continuously since December 31, 1983 (determined 
    in accordance with the provisions of section 210(a)(5)(B) of the 
    Social Security Act, relating to continuity of employment); or
        (2)(A) any employee or Member who has separated from the service 
    after--
            (i) having been subject to--
                (I) subchapter III of chapter 83 of this title;
                (II) subchapter I of chapter 8 of title I of the Foreign 
            Service Act of 1980; or
                (III) the benefit structure for employees of the Board 
            of Governors of the Federal Reserve System appointed before 
            January 1, 1984, that is a component of the Retirement Plan 
            for Employees of the Federal Reserve System, established 
            under section 10 of the Federal Reserve Act; and

            (ii) having completed--
                (I) at least 5 years of civilian service creditable 
            under subchapter III of chapter 83 of this title;
                (II) at least 5 years of civilian service creditable 
            under subchapter I of chapter 8 of title I of the Foreign 
            Service Act of 1980; or
                (III) at least 5 years of civilian service (other than 
            any service performed in the employ of a Federal Reserve 
            Bank) creditable under the benefit structure for employees 
            of the Board of Governors of the Federal Reserve System 
            appointed before January 1, 1984, that is a component of the 
            Retirement Plan for Employees of the Federal Reserve System, 
            established under section 10 of the Federal Reserve Act,

        determined without regard to any deposit or redeposit 
        requirement under either such subchapter or under such benefit 
        structure, or any requirement that the individual become subject 
        to either such subchapter or to such benefit structure after 
        performing the service involved; or

        (B) any employee having at least 5 years of civilian service 
    performed before January 1, 1987, creditable under subchapter III of 
    chapter 83 of this title (determined without regard to any deposit 
    or redeposit requirement under such subchapter, any requirement that 
    the individual become subject to such subchapter after performing 
    the service involved, or any requirement that the individual give 
    notice in writing to the official by whom such individual is paid of 
    such individual's desire to become subject to such subchapter);

except to the extent provided for under subsection (d) of this section 
or title III of the Federal Employees' Retirement System Act of 1986 
pursuant to an election under such title to become subject to this 
chapter.
    (c)(1) The Office may exclude from the operation of this chapter an 
employee or group of employees in or under an Executive agency, the 
United States Postal Service, or the Postal Rate Commission, whose 
employment is temporary or intermittent, except an employee whose 
employment is part-time career employment (as defined in section 
3401(2)).
    (2) The Architect of the Capitol may exclude from the operation of 
this chapter an employee under the Office of the Architect of the 
Capitol whose employment is temporary or of uncertain duration.
    (3) The Librarian of Congress may exclude from the operation of this 
chapter an employee under the Library of Congress whose employment is 
temporary or of uncertain duration.
    (4) The Director or Acting Director of the Botanic Garden may 
exclude from the operation of this chapter an employee under the Botanic 
Garden whose employment is temporary or of uncertain duration.
    (5) The Chief Administrative Officer of the House of Representatives 
and the Secretary of the Senate each may exclude from the operation of 
this chapter a Congressional employee--
        (A) whose employment is temporary or intermittent; and
        (B) who is paid by such Chief Administrative Officer or 
    Secretary, as the case may be.

    (6) The Director of the Office of Technology Assessment may exclude 
from the operation of this chapter an employee under the Office of 
Technology Assessment whose employment is temporary or intermittent.
    (7) The Director of the Congressional Budget Office may exclude from 
the operation of this chapter an employee under the Congressional Budget 
Office whose employment is temporary or intermittent.
    (8) The Director of the Administrative Office of the United States 
Courts may exclude from the operation of this chapter 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.
    (9) The Joint Committee on Judicial Administration in the District 
of Columbia may exclude from the operation of this chapter an employee 
of the District of Columbia Courts whose employment is temporary or of 
uncertain duration.
    (d) Paragraph (2) of subsection (b) shall not apply to an individual 
who--
        (1) becomes subject to--
            (A) subchapter II of chapter 8 of title I of the Foreign 
        Service Act of 1980 (relating to the Foreign Service Pension 
        System) pursuant to an election; or
            (B) the benefit structure in which employees of the Board of 
        Governors of the Federal Reserve System appointed on or after 
        January 1, 1984, participate, which benefit structure is a 
        component of the Retirement Plan for Employees of the Federal 
        Reserve System, established under section 10 of the Federal 
        Reserve Act (and any redesignated or successor version of such 
        benefit structure, if so identified in writing by the Board of 
        Governors of the Federal Reserve System for purposes of this 
        chapter); and

        (2) subsequently enters a position in which, but for paragraph 
    (2) of subsection (b), such individual would be subject to this 
    chapter.

    (e) 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 be 
excluded from the operation of this chapter, other than subchapters III 
and VII of such chapter, 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 
election, the judge or magistrate judge shall be entitled to a lump-sum 
credit under section 8424 of this title.
    (f) A judge who is covered by section 7296 of title 38 shall be 
excluded from the operation of this chapter if the judge notifies the 
Director of the Office of Personnel Management of an election of a 
retirement annuity under that section. Upon such election, the judge 
shall be entitled to a lump-sum credit under section 8424 of this title.
    (g) A judge of the United States Court of Federal Claims who is 
covered by section 178 of title 28 shall be excluded from the operation 
of this chapter, other than subchapters III and VII of such chapter, 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 election, the judge shall be entitled to a lump-
sum credit under section 8424 of this title.

(Added Pub. L. 99-335, title I, Sec. 101(a), June 6, 1986, 100 Stat. 
521; amended Pub. L. 99-556, title I, Sec. 116, Oct. 27, 1986, 100 Stat. 
3134; Pub. L. 100-238, title I, Sec. 130, Jan. 8, 1988, 101 Stat. 1759; 
Pub. L. 100-659, Sec. 6(c), Nov. 15, 1988, 102 Stat. 3919; Pub. L. 101-
94, title I, Sec. 102(b), Aug. 16, 1989, 103 Stat. 626; Pub. L. 101-474, 
Sec. 5(p), Oct. 30, 1990, 104 Stat. 1100; Pub. L. 101-650, title III, 
Secs. 306(e)(3), 321, Dec. 1, 1990, 104 Stat. 5112, 5117; Pub. L. 102-
40, title IV, Sec. 402(d)(2), May 7, 1991, 105 Stat. 239; Pub. L. 102-
198, Sec. 7(d), Dec. 9, 1991, 105 Stat. 1625; Pub. L. 102-572, title IX, 
Sec. 902(b)(1), Oct. 29, 1992, 106 Stat. 4516; Pub. L. 104-53, title I, 
Sec. 115, Nov. 19, 1995, 109 Stat. 527; Pub. L. 104-186, title II, 
Sec. 215(13), Aug. 20, 1996, 110 Stat. 1746; Pub. L. 105-274, Sec. 6(a), 
Oct. 20, 1998, 112 Stat. 2424; Pub. L. 106-168, title II, Sec. 202(b), 
Dec. 12, 1999, 113 Stat. 1818.)

                       References in Text

    Section 210(a)(5) of the Social Security Act, referred to in subsec. 
(b)(1), is classified to section 410(a)(5) of Title 42, The Public 
Health and Welfare.
    The Federal Employees' Retirement System Act of 1986, referred to in 
subsec. (b), is Pub. L. 99-335, June 6, 1986, 100 Stat. 514. Title III 
of the Federal Employees' Retirement System Act of 1986 amended sections 
3121 and 6103 of Title 26, Internal Revenue Code, section 1005 of Title 
39, Postal Service, and section 410 of Title 42, enacted provisions set 
out as notes under sections 8331, 8401, 8432, and 8472 of this title and 
section 6103 of Title 26, and amended provisions set out as a note under 
section 8331 of this title. For complete classification of this Act to 
the Code, see Short Title note set out under section 8401 of this title 
and Tables.
    The Foreign Service Act of 1980, referred to in subsecs. 
(b)(2)(A)(i)(II), (ii)(II) and (d)(1)(A), is Pub. L. 96-465, Oct. 17, 
1980, 94 Stat. 2071. Subchapters I and II of chapter 8 of title I of the 
Act are classified generally to parts I (Sec. 4041 et seq.) and II 
(Sec. 4071 et seq.), respectively, of subchapter VIII of chapter 52 of 
Title 22, Foreign Relations and Intercourse. For complete classification 
of this Act to the Code, see Short Title note set out under section 3901 
of Title 22 and Tables.
    Section 10 of the Federal Reserve Act, referred to in subsecs. 
(b)(2)(A)(i)(III), (ii)(III) and (d)(1)(B), is section 10 of act Dec. 
23, 1913, ch. 6, 38 Stat. 260, as amended. For classification of section 
10 to the Code, see Codification note set out under section 241 of Title 
12, Banks and Banking, and Tables.
    Section 2(c) of the Retirement and Survivors' Annuities for 
Bankruptcy Judges and Magistrates Act of 1988, referred to in subsec. 
(e), 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.


                               Amendments

    1999--Subsec. (b)(2)(A). Pub. L. 106-168, Sec. 202(b)(1), added 
subpar. (A) and struck out former subpar. (A) which read as follows: 
``any employee or Member who has separated from the service after--
        ``(i) having been subject to subchapter III of chapter 83 of 
    this title, or subchapter I of chapter 8 of the Foreign Service Act 
    of 1980; and
        ``(ii) having completed at least 5 years of civilian service 
    creditable under subchapter III of chapter 83 of this title, or at 
    least 5 years of civilian service creditable under subchapter I of 
    the Foreign Service Act of 1980 (determined without regard to any 
    deposit or redeposit requirement under either such subchapter, or 
    any requirement that the individual become subject to either such 
    subchapter after performing the service involved); or''.
    Subsec. (d). Pub. L. 106-168, Sec. 202(b)(2), amended subsec. (d) 
generally. Prior to amendment, text read as follows: ``Paragraph (2) of 
subsection (b) shall not apply to an individual who becomes subject to 
subchapter II of chapter 8 of title I of the Foreign Service Act of 1980 
(relating to the Foreign Service Pension System) pursuant to an election 
and who subsequently enters a position in which, but for such paragraph 
(2), he would be subject to this chapter.''
    1998--Subsec. (c)(9). Pub. L. 105-274 added par. (9).
    1996--Subsec. (c)(5). Pub. L. 104-186 substituted ``Chief 
Administrative Officer'' for ``Clerk'' in introductory provisions and 
subpar. (B).
    1995--Subsec. (c)(7), (8). Pub. L. 104-53 added par. (7) and 
redesignated former par. (7) as (8).
    1992--Subsec. (g). Pub. L. 102-572 substituted ``United States Court 
of Federal Claims'' for ``United States Claims Court''.
    1991--Subsec. (f). Pub. L. 102-40 substituted ``section 7296 of 
title 38'' for ``section 4096 of title 38''.
    Subsec. (g). Pub. L. 102-198 inserted a comma after ``such 
chapter''.
    1990--Subsec. (c)(7). Pub. L. 101-474 added par. (7).
    Subsec. (g). Pub. L. 101-650 added subsec. (g).
    1989--Subsec. (f). Pub. L. 101-94 added subsec. (f).
    1988--Subsec. (b)(2). Pub. L. 100-238, Sec. 130(1), inserted 
``subsection (d) of this section or'' before ``title III'' in concluding 
provisions.
    Subsec. (d). Pub. L. 100-238, Sec. 130(2), added subsec. (d).
    Subsec. (e). Pub. L. 100-659 added subsec. (e).
    1986--Subsec. (c)(5), (6). Pub. L. 99-556 added pars. (5) and (6).

                         Change of Name

    Words ``magistrate judge'' substituted for ``magistrate'' wherever 
appearing in subsec. (e) 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 1999 Amendment

    Pub. L. 106-168, title II, Sec. 202(d), Dec. 12, 1999, 113 Stat. 
1819, provided that:
    ``(1) In general.--Subject to succeeding provisions of this 
subsection, this section [amending this section and section 8411 of this 
title and enacting provisions set out as a note under this section] and 
the amendments made by this section shall take effect on the date of the 
enactment of this Act [Dec. 12, 1999].
    ``(2) Provisions relating to creditability and certain former 
employees.--The amendments made by subsection (a) [amending section 8411 
of this title] and the provisions of subsection (c) [set out as a note 
below] shall apply only to individuals who separate from service subject 
to chapter 84 of title 5, United States Code, on or after the date of 
the enactment of this Act [Dec. 12, 1999].
    ``(3) Provisions relating to exclusion from chapter.--The amendments 
made by subsection (b) [amending this section] shall not apply to any 
former employee of the Board of Governors of the Federal Reserve System 
who, subsequent to his or her last period of service as an employee of 
the Board of Governors of the Federal Reserve System and prior to the 
date of the enactment of this Act [Dec. 12, 1999], became subject to 
subchapter III of chapter 83 or chapter 84 of title 5, United States 
Code, under the law in effect at the time of the individual's 
appointment.''


                    Effective Date of 1998 Amendment

    Pub. L. 105-274, Sec. 10, Oct. 20, 1998, 112 Stat. 2429, provided 
that: ``Except as otherwise specifically provided, this Act [amending 
this section and enacting provisions set out as a note under section 
8401 of this title] and the amendments made by this Act shall take 
effect as if included in the enactment of title XI of the Balanced 
Budget Act of 1997 [Pub. L. 105-33].''


                    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 Amendment

    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.


                    Effective Date of 1988 Amendment

    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.


             Provisions Relating to Certain Former Employees

    Pub. L. 106-168, title II, Sec. 202(c), Dec. 12, 1999, 113 Stat. 
1819, provided that: ``A former employee of the Board of Governors of 
the Federal Reserve System who--
        ``(1) has at least 5 years of civilian service (other than any 
    service performed in the employ of a Federal Reserve Bank) 
    creditable under the benefit structure for employees of the Board of 
    Governors of the Federal Reserve System appointed before January 1, 
    1984, that is a component of the Retirement Plan for Employees of 
    the Federal Reserve System, established under section 10 of the 
    Federal Reserve Act [Act Dec. 23, 1913, ch. 6, see Codification note 
    set out under 12 U.S.C. 241];
        ``(2) was subsequently employed subject to the benefit structure 
    in which employees of the Board of Governors of the Federal Reserve 
    System appointed on or after January 1, 1984, participate, which 
    benefit structure is a component of the Retirement Plan for 
    Employees of the Federal Reserve System, established under section 
    10 of the Federal Reserve Act (and any redesignated or successor 
    version of such benefit structure, if so identified in writing by 
    the Board of Governors of the Federal Reserve System for purposes of 
    chapter 84 of title 5, United States Code); and
        ``(3) after service described in paragraph (2), becomes subject 
    to and thereafter entitled to benefits under chapter 84 of title 5, 
    United States Code,
shall, for purposes of section 302 of the Federal Employees' Retirement 
System Act of 1986 [Pub. L. 99-335] (100 Stat. 601; 5 U.S.C. 8331 note) 
be considered to have become subject to chapter 84 of title 5, United 
States Code, pursuant to an election under section 301 of such Act [5 
U.S.C. 8331 note].''

                  Section Referred to in Other Sections

    This section is referred to in sections 8334, 8347, 8349, 8401 of 
this title; title 50 section 2151.
