
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 50USC2151]

 
                   TITLE 50--WAR AND NATIONAL DEFENSE
 
    CHAPTER 38--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY
 
  SUBCHAPTER III--PARTICIPATION IN FEDERAL EMPLOYEES' RETIREMENT SYSTEM
 
Sec. 2151. Application of Federal Employees' Retirement System 
        to Agency employees
        

(a) General rule

    Except as provided in subsections (b) and (c) of this section, all 
employees of the Agency, any of whose service after December 31, 1983, 
is employment for the purpose of title II of the Social Security Act [42 
U.S.C. 401 et seq.] and chapter 21 of title 26, shall be subject to 
chapter 84 of title 5.

(b) Exception for pre-1984 employees

    Participants in the Central Intelligence Agency Retirement and 
Disability System who were participants in such system on or before 
December 31, 1983, and who have not had a break in service in excess of 
one year since that date, are not subject to chapter 84 of title 5 
without regard to whether they are subject to title II of the Social 
Security Act [42 U.S.C. 401 et seq.].

(c) Nonapplicability of FERS to certain employees

    (1) The provisions of chapter 84 of title 5 shall not apply with 
respect to--
        (A) any individual who separates, or who has separated, from 
    Federal Government service after having been an employee of the 
    Agency subject to subchapter II of this chapter; and
        (B) any employee of the Agency having at least 5 years of 
    civilian service which was performed before January 1, 1987, and is 
    creditable under subchapter II of this chapter (determined without 
    regard to any deposit or redeposit requirement under subchapter III 
    of chapter 83 of title 5, or under subchapter II of this chapter, or 
    any requirement that the individual become subject to such 
    subchapter or to subchapter II of this chapter after performing the 
    service involved).

    (2) Paragraph (1) shall not apply with respect to an individual who 
has elected under regulations prescribed under section 2157 of this 
title to become subject to chapter 84 of title 5 to the extent provided 
in such regulations.
    (3) An individual described in paragraph (1) shall be deemed to be 
an individual excluded under section 8402(b)(2) of title 5.

(d) Election to become subject to FERS

    An employee who is designated as a participant in the Central 
Intelligence Agency Retirement and Disability System after December 31, 
1987, pursuant to section 2013 of this title may elect to become subject 
to chapter 84 of title 5. Such election--
        (1) shall not be effective unless it is made during the six-
    month period beginning on the date on which the employee is so 
    designated;
        (2) shall take effect beginning with the first pay period 
    beginning after the date of the election; and
        (3) shall be irrevocable.

(e) Special rules

    The application of the provisions of chapter 84 of title 5 to an 
employee referred to in subsection (a) of this section shall be subject 
to the exceptions and special rules provided in this subchapter. Any 
provision of that chapter which is inconsistent with a special rule 
provided in this subchapter shall not apply to such employees.

(Pub. L. 88-643, title III, Sec. 301, as added Pub. L. 102-496, title 
VIII, Sec. 802, Oct. 24, 1992, 106 Stat. 3243.)

                       References in Text

    The Social Security Act, referred to in subsecs. (a) and (b), is act 
Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Title II of the Act is 
classified generally to subchapter II (Sec. 401 et seq.) of chapter 7 of 
Title 42, The Public Health and Welfare. For complete classification of 
this Act to the Code, see section 1305 of Title 42 and Tables.


                            Prior Provisions

    A prior section 301 of Pub. L. 88-643, as added Pub. L. 99-335, 
title V, Sec. 506, June 6, 1986, 100 Stat. 624; amended Pub. L. 99-514, 
Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 100-453, title V, 
Sec. 502, Sept. 29, 1988, 102 Stat. 1909, related to application of 
Federal Employees' Retirement System to Agency employees and was set out 
as a note under section 403 of this title prior to the general amendment 
of Pub. L. 88-643 by section 802 of Pub. L. 102-496.

                  Section Referred to in Other Sections

    This section is referred to in sections 2013, 2031 of this title.
