
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(b)(1)]
[CITE: 5USC8411]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                   Subpart G--Insurance and Annuities
 
            CHAPTER 84--FEDERAL EMPLOYEES' RETIREMENT SYSTEM
 
                      SUBCHAPTER II--BASIC ANNUITY
 
Sec. 8411. Creditable service

    (a)(1) The total service of an employee or Member is the full years 
and twelfth parts thereof, excluding from the aggregate the fractional 
part of a month, if any.
    (2) Credit may not be allowed for a period of separation from the 
service in excess of 3 calendar days.
    (b) For the purpose of this chapter, creditable service of an 
employee or Member includes--
        (1) employment as an employee, and any service as a Member 
    (including the period from the date of the beginning of the term for 
    which elected or appointed to the date of taking office as a 
    Member), after December 31, 1986;
        (2) except as provided in subsection (f), service with respect 
    to which deductions and withholdings under section 204(a)(1) of the 
    Federal Employees' Retirement Contribution Temporary Adjustment Act 
    of 1983 have been made;
        (3) except as provided in subsection (f) or (h), any civilian 
    service (performed before January 1, 1989, other than any service 
    under paragraph (1) or (2)) which, but for the amendments made by 
    subsections (a)(4) and (b) of section 202 of the Federal Employees' 
    Retirement System Act of 1986, would be 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);
        (4) a period of service (other than any service under any other 
    paragraph of this subsection and other than any military service) 
    that was creditable under the Foreign Service Pension System 
    described in subchapter II of chapter 8 \1\ of the Foreign Service 
    Act of 1980, if the employee or Member waives credit for such 
    service under the Foreign Service Pension System and makes a payment 
    to the Fund equal to the amount that would have been deducted from 
    pay under section 8422(a) had the employee been subject to this 
    chapter during such period of service (together with interest on 
    such amount computed under paragraphs (2) and (3) of section 
    8334(e)); and
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    \1\ See References in Text note below.
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        (5) a period of service (other than any service under any other 
    paragraph of this subsection, any military service, and any service 
    performed in the employ of a Federal Reserve Bank) that was 
    creditable under the Bank Plan (as defined in subsection (i)), if 
    the employee waives credit for such service under the Bank Plan and 
    makes a payment to the Fund equal to the amount that would have been 
    deducted from pay under section 8422(a) had the employee been 
    subject to this chapter during such period of service (together with 
    interest on such amount computed under paragraphs (2) and (3) of 
    section 8334(e)).

Paragraph (5) shall not apply in the case of any employee as to whom 
subsection (g) (or, to the extent subchapter III of chapter 83 is 
involved, section 8332(n)) otherwise applies.
    (c)(1) Except as provided in paragraphs (2), (3), and (5), an 
employee or Member shall be allowed credit for--
        (A) each period of military service performed before January 1, 
    1957; and
        (B) each period of military service performed after December 31, 
    1956, and before the separation on which title to annuity is based, 
    if a deposit (including interest, if any) is made with respect to 
    such period in accordance with section 8422(e).

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

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

    (3) An employee or Member who has made a deposit under section 
8334(j) (or a similar prior provision of law) with respect to a period 
of military service, and who has not taken a refund of such deposit--
        (A) shall be allowed credit for such service without regard to 
    the deposit requirement under paragraph (1)(B); and
        (B) shall be entitled, upon filing appropriate application 
    therefor with the Office, to a refund equal to the difference 
    between--
            (i) the amount deposited with respect to such period under 
        such section 8334(j) (or prior provision), excluding interest; 
        and
            (ii) the amount which would otherwise have been required 
        with respect to such period under paragraph (1)(B).

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

creditable service of the deceased employee or Member shall include each 
period of military service includable under subparagraph (A) or (B) of 
paragraph (1) or under paragraph (3). In carrying out this subparagraph, 
any amount deposited under section 8422(e)(5) shall be taken into 
account.
    (B) A survivor annuity computed based on an amount which, under 
authority of subparagraph (A), takes into consideration any period of 
military service shall be reduced by the amount of any survivor's 
benefits--
        (i) payable to a survivor (other than a child) under a 
    retirement system for members of the uniformed services;
        (ii) if, or to the extent that, such benefits are based on such 
    period of military service.

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

    (5) If, after January 1, 1997, an employee or Member waives retired 
pay that is subject to a court order for which there has been effective 
service on the Secretary concerned for purposes of section 1408 of title 
10, the military service on which the retired pay is based may be 
credited as service for purposes of this chapter only if the employee or 
Member authorizes the Director to deduct and withhold from the annuity 
payable to the employee or Member under this subchapter an amount equal 
to the amount that, if the annuity payment was instead a payment of the 
employee's or Member's retired pay, would have been deducted and 
withheld and paid to the former spouse covered by the court order under 
such section 1408. The amount deducted and withheld under this paragraph 
shall be paid to that former spouse. The period of civil service 
employment by the employee or Member shall not be taken into 
consideration in determining the amount of the deductions and 
withholding or the amount of the payment to the former spouse. The 
Director of the Office of Personnel Management shall prescribe 
regulations to carry out this paragraph.
    (d) Credit under this chapter shall be allowed for leaves of absence 
without pay granted an employee while performing military service, or 
while receiving benefits under subchapter I of chapter 81. An employee 
or former employee who returns to duty after a period of separation is 
deemed, for the purpose of this subsection, to have been on leave of 
absence without pay for that part of the period in which that individual 
was receiving benefits under subchapter I of chapter 81. Credit may not 
be allowed for so much of other leaves of absence without pay as exceeds 
6 months in the aggregate in a calendar year.
    (e) Credit shall be allowed for periods of approved leave without 
pay granted an employee to serve as a full-time officer or employee of 
an organization composed primarily of employees (as defined by section 
8331(1) or 8401(11)), subject to the employee arranging to pay, through 
the employee's employing agency, within 60 days after commencement of 
such leave without pay, amounts equal to the retirement deductions and 
agency contributions which would be applicable under sections 8422(a) 
and 8423(a), respectively, if the employee were in pay status. If the 
election and all payments provided by this subsection are not made, the 
employee may not receive credit for the periods of leave without pay, 
notwithstanding the third sentence of subsection (d).
    (f)(1) An employee or Member who has received a refund of retirement 
deductions under subchapter III of chapter 83 with respect to any 
service described in subsection (b)(2) or (b)(3) may not be allowed 
credit for such service under this chapter unless such employee or 
Member deposits an amount equal to 1.3 percent of basic pay for such 
service, with interest. A deposit under this paragraph may be made only 
with respect to a refund received pursuant to an application filed with 
the Office before the date on which the employee or Member first becomes 
subject to this chapter.
    (2) An employee or Member may not be allowed credit under this 
chapter for any service described in subsection (b)(3) for which 
retirement deductions under subchapter III of chapter 83 have not been 
made, unless such employee or Member deposits an amount equal to 1.3 
percent of basic pay for such service, with interest.
    (3) Interest under paragraph (1) or (2) shall be computed in 
accordance with paragraphs (2) and (3) of section 8334(e) and 
regulations prescribed by the Office.
    (4) For the purpose of survivor annuities, deposits authorized by 
the preceding provisions of this subsection may also be made by a 
survivor of an employee or Member.
    (g) Any employee who--
        (1) served in a position in which the employee was excluded from 
    coverage under this subchapter because the employee was covered 
    under a retirement system established under section 10 of the 
    Federal Reserve Act; and
        (2) transferred without a break in service to a position to 
    which the employee was appointed by the President, with the advice 
    and consent of the Senate, and in which position the employee is 
    subject to this subchapter,

shall be treated for all purposes of this subchapter as if any service 
that would have been creditable under the retirement system established 
under section 10 of the Federal Reserve Act was service performed while 
subject to this subchapter if any employee and employer deductions, 
contributions or rights with respect to the employee's service are 
transferred from such retirement system to the Fund.
    (h) An employee or Member shall be allowed credit for 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 performed at any time prior to the 
separation on which the entitlement to any annuity under this subchapter 
is based if the employee or Member has made a deposit with interest, if 
any, with respect to such service under section 8422(f).
    (i) \2\ For purposes of subsection (b)(5), the term ``Bank Plan'' 
means 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).
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    \2\ So in original. Two subsecs. (i) have been enacted.
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    (i)(1) \2\ Upon application to the Office of Personnel Management, 
any individual who was an employee on the date of enactment of this 
paragraph, and who has on such date or thereafter acquired 5 years or 
more of creditable civilian service under this section (exclusive of 
service for which credit is allowed under this subsection) shall be 
allowed credit (as service as a congressional employee) for service 
before December 31, 1990, while employed by the Democratic Senatorial 
Campaign Committee, the Republican Senatorial Campaign Committee, the 
Democratic National Congressional Committee, or the Republican National 
Congressional Committee, if--
        (A) such employee has at least 4 years and 6 months of service 
    on such committees as of December 31, 1990; and
        (B) such employee deposits to the Fund an amount equal to 1.3 
    percent of the base pay for such service, with interest.

    (2) The Office shall accept the certification of the President of 
the Senate (or the President's designee) or the Speaker of the House of 
Representatives (or the Speaker's designee), as the case may be, 
concerning the service of, and the amount of compensation received by, 
an employee with respect to whom credit is to be sought under this 
subsection.
    (3) An individual shall not be granted credit for such service under 
this subsection if eligible for credit under section 8332(m) for such 
service.

(Added Pub. L. 99-335, title I, Sec. 101(a), June 6, 1986, 100 Stat. 
522; amended Pub. L. 99-556, title I, Sec. 103, title V, Sec. 502(b), 
Oct. 27, 1986, 100 Stat. 3131, 3140; Pub. L. 100-238, title I, 
Secs. 104(b), 105(a), Jan. 8, 1988, 101 Stat. 1746; Pub. L. 102-83, 
Sec. 5(c)(2), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102-242, title IV, 
Sec. 466(b), Dec. 19, 1991, 105 Stat. 2385; Pub. L. 103-82, title III, 
Sec. 371(b)(1), Sept. 21, 1993, 107 Stat. 910; Pub. L. 103-337, div. A, 
title XVI, Sec. 1677(a)(3), Oct. 5, 1994, 108 Stat. 3019; Pub. L. 104-
201, div. A, title VI, Sec. 637(b), Sept. 23, 1996, 110 Stat. 2580; Pub. 
L. 106-168, title II, Sec. 202(a), Dec. 12, 1999, 113 Stat. 1817; Pub. 
L. 106-554, Sec. 1(a)(4) [div. A, Sec. 901(a)(2)], Dec. 21, 2000, 114 
Stat. 2763, 2763A-196.)

                       References in Text

    Section 204(a)(1) of the Federal Employees' Retirement Contribution 
Temporary Adjustment Act of 1983 [Pub. L. 98-168], referred to in 
subsec. (b)(2), is set out as a note under section 8331 of this title.
    Subsections (a)(4) and (b) of section 202 of the Federal Employees' 
Retirement System Act of 1986 [Pub. L. 99-335], referred to in subsec. 
(b)(3), amended section 8331(1) and (2) of this title.
    The Foreign Service Act of 1980, referred to in subsec. (b)(4), is 
Pub. L. 96-465, Oct. 17, 1980, 94 Stat. 2071, as amended. Subchapter II 
of chapter 8 of the Act probably means subchapter II of chapter 8 of 
title I of the Act which is classified generally to part II (Sec. 4071 
et seq.) 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.
    Chapter 67 of that title as in effect before the effective date of 
the Reserve Officer Personnel Management Act, referred to in subsec. 
(c)(2)(B), means chapter 67 (Sec. 1331 et seq.) of Title 10, Armed 
Forces, prior to its transfer to part II of subtitle E of Title 10, its 
renumbering as chapter 1223, and its general revision by section 
1662(j)(1) of Pub. L. 103-337. A new chapter 67 (Sec. 1331) of Title 10 
was added by section 1662(j)(7) of Pub. L. 103-337. For effective date 
of the Reserve Officer Personnel Management Act (Pub. L. 103-337, title 
XVI), see section 1691 of Pub. L. 103-337, set out as an Effective Date 
note under section 10001 of Title 10.
    Section 10 of the Federal Reserve Act, referred to in subsecs. (g) 
and (i), 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.
    The Economic Opportunity Act of 1964, referred to in subsec. (h), is 
Pub. L. 88-452, Aug. 20, 1964, 73 Stat. 508, as amended. Part A of title 
VIII of that Act is part A of title VIII of Pub. L. 88-452 as added by 
Pub. L. 90-222, title I, Sec. 110, Dec. 23, 1967, 81 Stat. 722, which 
was classified generally to part A (Sec. 2992 et seq.) of subchapter 
VIII of chapter 34 of Title 42, The Public Health and Welfare, prior to 
its repeal by Pub. L. 93-113, title VI, Sec. 603, Oct. 1, 1973, 87 Stat. 
417. See sections 4951 et seq. and 5055 of Title 42.
    Parts A, B, and C of title I of the Domestic Volunteer Service Act 
of 1973, referred to in subsec. (h), 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. (h), is Pub. L. 87-293, 
Sept. 22, 1961, 75 Stat. 612, as amended, which is classified 
principally to chapter 34 (Sec. 2501 et seq.) of Title 22, Foreign 
Relations and Intercourse. For complete classification of this Act to 
the Code, see Short Title note set out under section 2501 of Title 22 
and Tables.
    The date of enactment of this paragraph, referred to in subsec. 
(i)(1), is the date of enactment of Pub. L. 106-554, which was approved 
Dec. 21, 2000.


                               Amendments

    2000--Subsec. (i). Pub. L. 106-554 added subsec. (i) relating to 
credit for service as congressional employee for certain service before 
Dec. 31, 1990.
    1999--Subsec. (b). Pub. L. 106-168, Sec. 202(a)(1), in par. (3), 
struck out ``and'' at end, in par. (4), substituted ``other paragraph'' 
for ``of the preceding provisions'' and ``; and'' for period at end, and 
added par. (5) and concluding provisions.
    Subsec. (i). Pub. L. 106-168, Sec. 202(a)(2), added subsec. (i) 
defining ``Bank Plan'' for purposes of subsec. (b)(5).
    1996--Subsec. (c)(1). Pub. L. 104-201, Sec. 637(b)(2), in 
introductory provisions, substituted ``Except as provided in paragraphs 
(2), (3), and (5)'' for ``Except as provided in paragraph (2) or (3)''.
    Subsec. (c)(5). Pub. L. 104-201, Sec. 637(b)(1), added par. (5).
    1994--Subsec. (c)(2)(B). Pub. L. 103-337 substituted ``chapter 1223 
of title 10 (or under chapter 67 of that title as in effect before the 
effective date of the Reserve Officer Personnel Management Act)'' for 
``chapter 67 of title 10''.
    1993--Subsec. (b)(3). Pub. L. 103-82, Sec. 371(b)(1)(A), substituted 
``subsection (f) or (h)'' for ``subsection (f)''.
    Subsec. (h). Pub. L. 103-82, Sec. 371(b)(1)(B), added subsec. (h).
    1991--Subsec. (c)(2)(A)(ii). Pub. L. 102-83 substituted ``section 
1101 of title 38'' for ``section 301 of title 38''.
    Subsec. (g). Pub. L. 102-242 added subsec. (g).
    1988--Subsec. (c)(4)(A). Pub. L. 100-238, Sec. 104(b), substituted 
``section 8422(e)(5)'' for ``subsection (f)(4)'' in concluding 
provisions.
    Subsec. (f)(1). Pub. L. 100-238, Sec. 105(a), inserted at end ``A 
deposit under this paragraph may be made only with respect to a refund 
received pursuant to an application filed with the Office before the 
date on which the employee or Member first becomes subject to this 
chapter.''
    1986--Subsec. (b)(2). Pub. L. 99-556, Sec. 103(1), inserted ``except 
as provided in subsection (f),''.
    Subsec. (c)(4). Pub. L. 99-556, Sec. 502(b), added par. (4).
    Subsec. (f)(1). Pub. L. 99-556, Sec. 103(2), inserted ``(b)(2) or''.


                    Effective Date of 1999 Amendment

    Amendment by Pub. L. 106-168 effective Dec. 12, 1999, and applicable 
only to individuals who separate from service subject to chapter 84 of 
this title on or after Dec. 12, 1999, see section 202(d) of Pub. L. 106-
168, set out as a note under section 8402 of this title.


                    Effective Date of 1996 Amendment

    Amendment by Pub. L. 104-201 effective Jan. 1, 1997, see section 
637(c) of Pub. L. 104-201, set out as a note under section 8332 of this 
title.


                    Effective Date of 1994 Amendment

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


                    Effective Date of 1993 Amendment

    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 before, on, or after Oct. 1, 1993, 
subject to rule relating to annuities based on earlier separations, 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.


                    Effective Date of 1991 Amendment

    Amendment by Pub. L. 102-242 applicable with respect to any 
individual who transfers to a position in which he or she is subject to 
subchapter III of chapter 83 of this title or chapter 84 of this title, 
on or after Oct. 1, 1991, see section 466(c) of Pub. L. 102-242, set out 
as a note under section 8332 of this title.


                    Effective Date of 1986 Amendment

    Amendment by section 502(b) of Pub. L. 99-556 applicable to a 
survivor of an employee or member who dies on or after the 180th day 
after Oct. 27, 1986, and to other survivors upon application, see 
section 502(c) of Pub. L. 99-556, set out as a note under section 8332 
of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 8401, 8410, 8432, 8442, 
8443, 8451 of this title; title 2 sections 121b, 162b; title 16 section 
460lll-47; title 38 section 7426; title 40 section 214d; title 50 
section 2154.
