
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 1131(b)]
[CITE: 5USC8461]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                   Subpart G--Insurance and Annuities
 
            CHAPTER 84--FEDERAL EMPLOYEES' RETIREMENT SYSTEM
 
          SUBCHAPTER VI--GENERAL AND ADMINISTRATIVE PROVISIONS
 
Sec. 8461. Authority of the Office of Personnel Management

    (a) The Office shall pay all benefits that are payable under 
subchapter II, IV, V, or VI of this chapter from the Fund.
    (b) The Office shall administer all provisions of this chapter not 
specifically required to be administered by the Board, the Executive 
Director, the Secretary of Labor, or any other officer or agency.
    (c) The Office shall adjudicate all claims under the provisions of 
this chapter administered by the Office.
    (d) The Office shall determine questions of disability and 
dependency arising under the provisions of this chapter administered by 
the Office. Except to the extent provided under subsection (e), 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 the provisions of this chapter 
administered by the Office. The Office may suspend or deny annuity for 
failure to submit to examination.
    (e)(1) Subject to paragraph (2), an administrative action or order 
affecting the rights or interests of an individual or of the United 
States under the provisions of this chapter administered by the Office 
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 8451, the procedures 
under section 7701 shall apply and the decision of the Board shall be 
subject to judicial review under section 7703.
    (f) The Office shall fix the fees for examinations made under 
subchapter V of this chapter 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 the provisions of this 
chapter administered by the Office.
    (g) The Office may prescribe regulations to carry out the provisions 
of this chapter administered by the Office.
    (h)(1) Each Government agency shall furnish the Director with such 
information as the Director determines necessary in order to administer 
this chapter.
    (2) The Director, in consultation with the officials from whom such 
information is requested, shall establish (by regulation or otherwise) 
such safeguards as are necessary to ensure that information made 
available under this subsection is used only for the purpose authorized.
    (i) In making a determination of ``actuarial equivalence'' under 
this chapter, the economic assumptions used shall be the same as the 
economic assumptions most recently used by the Office (before the 
determination of actuarial equivalence involved) in determining the 
normal-cost percentage of the System.
    (j)(1) Notwithstanding any other provision of this chapter, the 
Director of Central Intelligence shall, in a manner consistent with the 
administration of this chapter by the Office, and to the extent 
considered appropriate by the Director of Central Intelligence--
        (A) determine entitlement to benefits under this chapter 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 chapter based on the service of 
    such employees;
        (D) collect deposits to the Fund made by such employees, their 
    spouses, their former spouses, and their survivors;
        (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 chapter (other than 
    under subchapters III and VII of this chapter) with respect to 
    employees of the Central Intelligence Agency 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).
    (k)(1) The Director of Central Intelligence, in consultation with 
the Executive Director of the Federal Retirement Thrift Investment 
Board, may--
        (A) maintain exclusive records relating to elections, 
    contributions, and accounts under the Thrift Savings Plan provided 
    in subchapter III of this chapter in the case of employees of the 
    Central Intelligence Agency;
        (B) provide that contributions by, or on behalf of, such 
    employees to the Thrift Savings Plan be accounted for by such 
    Executive Director in aggregate amounts;
        (C) make the necessary disbursements from, and the necessary 
    allocations of earnings, losses, and charges to, individual accounts 
    of such employees under the Thrift Savings Plan; and
        (D) perform such other functions under subchapters III and VII 
    of this chapter (but not including investing sums in the Thrift 
    Savings Fund) with respect to employees of the Central Intelligence 
    Agency as the Director of Central Intelligence, in consultation with 
    the Executive Director of the Federal Retirement Thrift Investment 
    Board, determines to be appropriate.

    (2) The Executive Director of the Federal Retirement Thrift 
Investment Board may not exercise authority under this chapter in the 
case of employees of the Central Intelligence Agency to the extent that 
the Director of Central Intelligence exercises authority provided in 
paragraph (1).
    (3) The Executive Director of the Federal Retirement Thrift 
Investment Board shall furnish such information and, on a reimbursable 
basis, such services to the Director of Central Intelligence as the 
Director of Central Intelligence determines necessary to carry out this 
subsection.
    (l) Subsection (h)(1), and sections 8439(b) and 8474(c)(4), shall be 
applied with respect to information relating to employees of the Central 
Intelligence Agency in a manner that protects intelligence sources, 
methods, and activities.
    (m)(1) The Director of Central Intelligence, in consultation with 
the Director of the Office of Personnel Management and the Executive 
Director of the Federal Retirement Thrift Investment Board, shall by 
regulation prescribe appropriate procedures to carry out subsections 
(j), (k), and (l).
    (2) The regulations shall provide procedures for the Director of the 
Office of Personnel Management to inspect and audit disbursements from 
the Fund under this chapter.
    (3) The Director of Central Intelligence shall submit the 
regulations prescribed under paragraph (1) 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.
    (n)(1) Under regulations prescribed by the Office, 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 chapter; 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 chapter 
during any employment described in section 2105(c) after such move.
    (2) Under regulations prescribed by the Office, 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 by section 2105(c); and
        (D) is not eligible to make an election under section 8347(q),

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 by section 2105(a) or section 2105(c), by the 
retirement system applicable to such employee's current or most recent 
employment described by section 2105(c) rather than be subject to this 
chapter.

(Added Pub. L. 99-335, title I, Sec. 101(a), June 6, 1986, 100 Stat. 
570; amended Pub. L. 99-556, title I, Sec. 102, Oct. 27, 1986, 100 Stat. 
3131; Pub. L. 101-508, title VII, Sec. 7202(k)(2), Nov. 5, 1990, 104 
Stat. 1388-339; Pub. L. 102-378, Sec. 2(71), Oct. 2, 1992, 106 Stat. 
1355; Pub. L. 104-106, div. A, title X, Sec. 1043(a)(2), Feb. 10, 1996, 
110 Stat. 434.)


                               Amendments

    1996--Subsec. (n)(1). Pub. L. 104-106, Sec. 1043(a)(2)(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. (n)(2)(C). Pub. L. 104-106, Sec. 1043(a)(2)(B), substituted 
``1 year'' for ``3 days'' and struck out ``in the Department of Defense 
or the Coast Guard, respectively,'' after ``to a position''.
    1992--Subsec. (n)(1)(A), (2)(A). Pub. L. 102-378, Sec. 2(71)(A), 
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;''.
    Subsec. (n)(2)(D). Pub. L. 102-378, Sec. 2(71)(B), substituted 
``8347(q)'' for ``8347(p)''.
    1990--Subsec. (n). Pub. L. 101-508 added subsec. (n).
    1986--Subsec. (m)(2). Pub. L. 99-556 struck out ``, and from the 
Thrift Savings Fund,'' after ``from the Fund''.


                    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 1992 Amendment

    Amendment by 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.


              Regulations; Effective Date of 1996 Amendment

    For provisions relating to promulgation of regulations necessary to 
carry out amendment by Pub. L. 104-106, and effective date of such 
amendment in connection with those regulations, see section 1043(b), (c) 
of Pub. L. 104-106, set out as a note under section 8347 of this title.


  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 8348, 8401, 8901 of this 
title; title 50 sections 2142, 2155.
