formed for such appropriated fund instrumentality.

(c) [See main edition for text of (1)]

(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—

[See main edition for text of (i)]

(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

[See main edition for text of (B), (3); (d) to (i)]

(j)(1) Notwithstanding any other provision of this section, military service, except military service covered by military leave with pay from a civilian position, performed by an individual after December 1956, the period of an individual's services as a volunteer under part A of title VIII of the Economic Opportunity Act of 1964, the period of an individual's service 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, and the period of an individual's service as a volunteer or volunteer leader under chapter 34 of title 22, shall be excluded in determining the aggregate period of service on which an annuity payable under this subchapter to the individual or to his spouse, former spouse or child is based, if the individual, spouse, former spouse, or child is entitled, or would on proper application be entitled, at the time of that determination, to monthly old-age or survivors benefits under section 402 of title 42 based on the individual's wages and self-employment income. If the military service or service as a volunteer 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 chapter 34 of title 22 is not excluded by the preceding sentence, but on becoming 62 years of age, the individual or spouse, former spouse 3 becomes entitled, or would on proper application be entitled, to the described benefits, the Office of Personnel Management shall redetermine the aggregate period of service on which the annuity is based, effective as of the first day of the month in which he or she becomes 62 years of age, so as to exclude that service. The Secretary of Health, Education, and Welfare, on request of the Office, shall inform the Office whether or not the individual, spouse, former spouse, or child is entitled at any named time to the described benefits. For the purpose of this subsection, the period of an individual's service as a volunteer or volunteer leader under chapter 34 of title 22 is the period between enrollment as a volunteer or volunteer leader and termination of that service by the President or

'So in original. Probably should be "individual, spouse, or former spouse”.

by death or resignation and the period of an individual's service as a volunteer under part A of title VIII of the Economic Opportunity Act of 1964 or under part A, B, or C of title I of the Domestic Volunteer Service Act of 1973 is the period between enrollment as a volunteer and termination of that service by the Director of the Office of Economic Opportunity or the Chief Executive Officer of the Corporation for National and Community Service, as appropriate, or by death or resignation.

[See main edition for text of (2)]

(3) The provisions of paragraph (1) relating to credit for service as a volunteer or volunteer leader under the Economic Opportunity Act of 1964, part A, B, or C of title I of the Domestic Volunteer Service Act of 1973, or the Peace Corps Act shall not apply to any period of service as a volunteer or volunteer leader of an employee or Member with respect to which the employee or Member has made the deposit with interest, if any, required by section 8334(l).

(k)(1) An employee who enters on approved leave without pay to serve as a full-time officer or employee of an organization composed primarily of employees as defined by section 8331(1) of this title, within 60 days after entering on that leave without pay, may file with his employing agency an election to receive full retirement credit for his periods of that leave without pay and arrange to pay currently into the Fund, through his employing agency, amounts equal to the retirement deductions and agency contributions that would be applicable if he were in pay status. If the election and all payments provided by this paragraph are not made, the employee may not receive credit for the periods of leave without pay occurring after July 17, 1966, notwithstanding the third sentence of subsection (f) of this section. For the purpose of the preceding sentence, "employee" includes an employee who was on approved leave without pay and serving as a full-time officer or employee of such an organization on July 18, 1966, and who filed a similar election before September 17, 1966.

[See main edition for text of (2); (1) and (m)] (n) 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

• See 1986 Amendment note below.

the employee's service are transferred from such retirement system to the Fund.

(As amended Pub. L. 101-530, § 1, Nov. 6, 1990, 104 Stat. 2338; Pub. L. 102-83, § 5(c)(2), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102-242, title IV, § 466(a), Dec. 19, 1991, 105 Stat. 2384; Pub. L. 102-378, § 2(58), Oct. 2, 1992, 106 Stat. 1354; Pub. L. 103-82, title III, § 371(a)(1), title IV, § 405(b), Sept. 21, 1993, 107 Stat. 909, 921.)

REFERENCES IN TEXT

The Economic Opportunity Act of 1964, referred to in subsecs. (b)(7) and (j)(1), (3), is Pub. L. 88-452, Aug. 20, 1964, 73 Stat. 508, as amended, which was classified generally to chapter 34 (§ 2701 et seq.) of Title 42, The Public Health and Welfare, prior to repeal, except for titles VIII and X, by Pub. L. 97-35, title VI, § 683(a), Aug. 13, 1981, 95 Stat. 519. Titles VIII and X of the Act are classified generally to subchapters VIII (§ 2991 et seq.) and X (§ 2996 et seq.) of chapter 34 of Title 42. 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, § 110, Dec. 23, 1967, 81 Stat. 722, which was classified generally to part A (§ 2992 et seq.) of subchapter VIII of chapter 34 of Title 42, prior to its repeal by Pub. L. 93-113, title VI, § 603, Oct. 1, 1973, 87 Stat. 417. See sections 4951 et seq. and 5055 of Title 42. For complete classification of this Act to the Code, see Tables.

Parts A, B, and C of title I of the Domestic Volunteer Service Act of 1973, referred to in subsecs. (b)(7) and (j)(1), (3), are classified to part A (§ 4951 et seq.), part B (§ 4971 et seq.), and part C (§ 4991 et seq.), respectively, of subchapter I of chapter 66 of Title 42.

The Peace Corps Act, referred to in subsec. (j)(3), is Pub. L. 87-293, Sept. 22, 1961, 75 Stat. 612, as amended, which is classified principally to chapter 34 (§ 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.

Section 10 of the Federal Reserve Act, referred to in subsec. (n), 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.

CODIFICATION

Subsecs. (b)(13), (j)(1), (k)(1) of this section are set out in this supplement to correct typographical error appearing in the main edition.

AMENDMENTS

1993-Subsec. (j)(1). Pub. L. 103-82, § 405(b), which directed that "the Chief Executive Officer of the Corporation for National and Community Service" be substituted for "the Director of ACTION", could not be executed because "the Director of ACTION" does not appear in text.

Pub. L. 103-82, § 371(a)(1)(A)(i), in first sentence inserted "the period of an individual's service as a fulltime 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," after "Economic Opportunity Act of 1964,".

Pub. L. 103-82, § 371(a)(1)(A)(ii), in second sentence inserted". 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," after "Economic Opportunity Act of 1964".

Pub. L. 103-82, § 371(a)(1)(A)(iii), in last sentence inserted "or under part A, B, or C of title I of the Domestic Volunteer Service Act of 1973" after "Economic Opportunity Act of 1964", and inserted "or the Chief Executive Officer of the Corporation for National and Community Service, as appropriate," after "Director of the Office of Economic Opportunity".

Subsec. (j)(3). Pub. L. 103-82, § 371(a)(1)(B), added par. (3).

1992-Subsec. (b). Pub. L. 102-378 substituted "para. graph (16)" for "paragrpah (16)”.

1991-Subsec. (c)(2)(A)(ii). Pub. L. 102-83 substituted "section 1101 of title 38" for "section 301 of title 38".

Subsec. (n). Pub. L. 102-242 added subsec. (n). 1990-Subsec. (b). Pub. L. 101-530 struck out at beginning of last paragraph "service referred to in paragraph (6) is allowable only in the case of persons performing service under section 709 of title 32 after December 31, 1968."

EFFECTIVE DATE OF 1993 AMENDMENT Section 371(c) of Pub. L. 103–82 provided that: "(1) APPLICABILITY.—

"(A) AMENDMENTS RELATING TO CSRS.

“(i) IN GENERAL.-The amendments made by subsection (a) [amending this section and section 8334 of this title] shall apply with respect to any individual entitled to an annuity on the basis of a separation from service occurring on or after the effective date of this subtitle [Oct. 1, 1993].

"(ii) RULES RELATING TO ANNUITIES BASED ON EARLIER SEPARATIONS.-An annuity under subchapter III of chapter 83 of title 5, United States Code, payable to an individual based on a separation from service occurring before the effective date of this subtitle shall be subject to the provisions of paragraph (2).

"(B) AMENDMENTS RELATING TO FERS.—

"(i) IN GENERAL.-The amendments made by subsection (b) [amending sections 8411 and 8422 of this title] shall apply with respect to any individual entitled to an annuity on the basis of a separation from service occurring before, on, or after the effective date of this subtitle [Oct. 1, 1993], subject to clause (ii).

"(ii) RULE RELATING TO ANNUITIES BASED ON EARLIER SEPARATIONS.-In the case of any individual whose entitlement to an annuity is based on a separation from service occurring before the effective date of this subtitle, any increase in such individual's annuity on the basis of a deposit made under section 8442(f) of title 5, United States Code, as amended by subsection (b)(2), shall be effective beginning with the annuity payment payable for the first calendar month beginning after the effective date of this subtitle.

"(2) SPECIAL RULES.—

"(A) OLD-AGE OR SURVIVORS INSURANCE BENEFITS.– Subject to subparagraph (B), in any case in which an individual described in paragraph (1)(A)(ii) is also entitled to old-age or survivors insurance benefits under section 202 of the Social Security Act [42 U.S.C. 402] (or would be entitled to such benefits upon filing an application therefor), the amount of the annuity to which such individual is entitled under subchapter III of chapter 83 of title 5, United States Code (after taking into account any creditable service as a volunteer or volunteer leader under the Economic Opportunity Act of 1964 [42 U.S.C. 2701 et seq.), the Domestic Volunteer Service Act of 1973 [42 U.S.C. 4950 et seq.), or the Peace Corps Act [22 U.S.C. 2501 et seq.]) which is payable for any month shall be reduced by an amount determined by multiplying the amount of such old-age or survivors insurance benefit for the determination month by a fraction

"(i) the numerator of which is the total of the wages (within the meaning of section 209 of the Social Security Act [42 U.S.C. 409]) for service as a volunteer or volunteer leader under the Economic Opportunity Act of 1964, the Domestic Volunteer Service Act of 1973, or the Peace Corps Act of such individual credited for years before the calendar year in which the determination month occurs, up to the contribution and benefit base determined under section 230 of the Social Security Act [42 U.S.C. 430] (or other applicable maximum annual

amount referred to in section 215(e)(1) of such Act [42 U.S.C. 415(e)(1)] for each such year); and

“(ii) the denominator of which is the total of all wages described in clause (i), plus all other wages (within the meaning of section 209 of such Act [42 U.S.C. 409]) and all self-employment income (within the meaning of section 211(b) of such Act [42 U.S.C. 411(b)]) of such individual credited for years after 1936 and before the calendar year in which the determination month occurs, up to the contribution and benefit base (or such other amount referred to in section 215(e)(1) of such Act [42 U.S.C. 415(e)(1)] for each such year.

"(B) LIMITATIONS.—

"(i) REDUCTION IN ANNUITY.-Subparagraph (A) shall not reduce the annuity of an individual below the amount of the annuity which would be payable to the individual for the determination month if the provisions of section 8332(j) of title 5, United States Code, relating to service as a volunteer or volunteer leader, applied to the individual for such month.

"(ii) APPLICATION.-Subparagraph (A) shall not apply in the case of an individual who, prior to the date of enactment of this Act [Sept. 21, 1993], made a deposit under section 8334(c) of title 5, United States Code, with respect to service as a volunteer or volunteer leader (as described in subparagraph (A)).

"(iii) DETERMINATION MONTH.-For purposes of this paragraph, the term 'determination month'

means

"(I) the first month the individual described in paragraph (1)(A)(ii) is entitled to old-age or survivors benefits under section 202 of the Social Security Act [42 U.S.C. 402] (or would be entitled to such benefits upon filing an application therefor); or

"(II) the first calendar month beginning after the date of enactment of this Act [Sept. 21, 1993], in the case of any individual entitled to such benefits for such month.

"(iv) RULE RELATING TO ANNUITIES BASED ON EARLIER SEPARATIONS.-Any increase in an annuity which occurs by virtue of the enactment of this paragraph shall be effective beginning with the annuity payment payable for the first calendar month beginning after the effective date of this subtitle [Oct. 1, 1993].

"(3) FURNISHING OF INFORMATION.-The Secretary of Health and Human Services shall furnish such information to the Office of Personnel Management as may be necessary to carry out this subsection.

"(4) ACTION TO INFORM INDIVIDUALS.-The Director of the Office of Personnel Management shall take such action as may be necessary and appropriate to inform individuals entitled to credit under this section for service as a volunteer or volunteer leader, or to have any annuity recomputed, or to make a deposit under this section, of such entitlement."

Amendment by section 371(a)(1) of Pub. L. 103-82 effective Oct. 1, 1993, see section 392 of Pub. L. 103-82, set out as a note under section 4951 of Title 42, The Public Health and Welfare.

Section 406(b) of Pub. L. 103-82 provided that: "The amendments made by sections 404 and 405 [amending this section, section 558a of Title 16, Conservation, section 2501-1 of Title 22, Foreign Relations and Intercourse, section 1542 of Title 25, Indians, and sections 3012, 3013, 3035a, 4950, 4953, 4995, 5025, 5043, 5048, 5056, 5061, 5065, 5590, 5616, 6863, 11312, 11851, 12312, 12638, and 12653 of Title 42, and amending provisions set out as notes under section 1701z-6 of Title 12, Banks and Banking, and sections 4954 and 5001 of Title 42] shall take effect on the effective date of section 203(c)(2)." [Section 203(c)(2) of Pub. L. 103-82 is effective 18 months after Sept. 21, 1993, or on such earlier date as the President shall determine to be appropriate and announce by proclamation in the Federal Register, see section 203(d) of Pub. L. 103-82, set out as a note under section 12651 of Title 42.]

EFFECTIVE DATE OF 1991 AMENDMENT

Section 466(c) of Pub. L. 102-242 provided that: "The amendment made by this section [amending this section and section 8411 of this title] shall apply with respect to any individual who transfers to a position in which he or she is subject to subchapter III of chapter 83 or chapter 84 of title 5, United States Code, on or after October 1, 1991."

EFFECTIVE DATE OF 1990 AMENDMENT Section 3(a) of Pub. L. 101-530 provided that: "(1) GENERAL RULE.—

"(A) ELIGIBILITY.-Except as provided in paragraph (2), the amendment made by section 1 [amending this section] applies only with respect to individuals who

"(i) separate from employment with the Government on or after the date of enactment of this Act [Nov. 6, 1990]; and

"(ii) make an appropriate deposit, in accordance with section 8334(c) or 8411(f) of title 5, United States Code (as appropriate), for additional service that is creditable under such amendment. "(B) DEPOSIT.-Any such deposit

"(i) shall include interest, which shall be computed under section 8334(e) of such title (except that the rate of interest shall be 3 percent a year) from the midpoint of the period of additional service to the date deposit is made; and

"(ii) shall be made before date of retirement. "(2) EXCEPTION.

"(A) RULE FOR INDIVIDUALS SEPARATING AFTER DECEMBER 31, 1968, AND BEFORE THE ENACTMENT OF THIS ACT.-In the case of any individual who

"(i) was employed under section 709 of title 32, United States Code, relating to National Guard technicians, or any prior corresponding provision of law, before January 1, 1969, and

"(ii) was separated from employment with the Government on or after January 1, 1969, and before the date of enactment of this Act [Nov. 6, 1990],

any annuity under subchapter III of chapter 83 or chapter 84 of title 5, United States Code, based on such individual's service (as defined in section 8331(12) or 8401(26) of such title, as applicable) shall be determined or redetermined to take into account the amendment made by section 1 [amending this section], if application therefor is received by the Office of Personnel Management within 1 year after the date of enactment of this Act, and an appropriate deposit is made for any additional service that is creditable under such amendment. Any such deposit shall be computed, and must be paid either in a lump sum at the time of application or in installments over the 2-year period which begins on the date of application, or such shorter period as the Office may by regulation prescribe.

"(B) EARLIER PAYMENTS NOT AFFECTED BY RECOMPUTATION.-Any change in an annuity resulting from a redetermination under subparagraph (A) shall apply only with respect to monthly payments accruing after the date the deposit required under subparagraph (A) is made (or, if payments are to be made in installments, after an agreement has been entered into regarding the manner in which such payments will be made).

"(3) PAYMENT BY SURVIVORS.-For the purpose of survivor annuities, any deposit or installment payment required by paragraph (1) or (2) relating to service of an individual may also be made by a survivor of such individual."

REGULATIONS

Section 4 of Pub. L. 101-530 provided that: "The Office of Personnel Management shall prescribe any regulations necessary for the implementation of this Act [amending this section, enacting provisions set out

TRANSFER OF FUNCTIONS

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6303, 8331, 8334, 8339, 8345 of this title; title 16 section 1169a; title 22 sections 3671, 3681, 4048, 4056; title 25 section 450i; title 26 sections 3121, 7448; title 38 sections 7297, 7406, 7426; title 42 section 410; title 50 section 2082.

§ 8334. Deductions, contributions, and deposits

(a)(1) The employing agency shall deduct and withhold 7 percent of the basic pay of an employee, 72 percent of the basic pay of a Congressional employee, a law enforcement officer, and a firefighter, and 8 percent of the basic pay of a Member, a Court of Federal Claims judge, a United States magistrate, a judge of the United States Court of Military Appeals, and a bankruptcy judge. An equal amount shall be contributed from the appropriation or fund used to pay the employee or, in the case of an elected official, from an appropriation or fund available for payment of other salaries of the same office or establishment. When an employee in the legislative branch is paid by the Clerk of the House of Representatives, the Clerk may pay from the contingent fund of the House the contribution that otherwise would be contributed from the appropriation or fund used to pay the employee.

Member or employee for

Congressional

employee

service.

Percentage of

basic pay

22

31/12 5..

6..

62

7.

22

22

Service period

................ August 1, 1920, to June 30, 1926.

32..............

5...

6....

6/2

72

July 1, 1926, to June 30, 1942.
July 1, 1942, to June 30, 1948.
July 1, 1948, to October 31,
1956.

November 1, 1956, to Decem-
ber 31, 1969.

After December 31, 1969.
August 1, 1920, to June 30,
1926.

July 1, 1926, to June 30, 1942.
July 1, 1942, to June 30, 1948.
July 1, 1948, to October 31,
1956.

November 1, 1956, to Decem-
ber 31, 1969.

After December 31, 1969.
August 1, 1920, to June 30,
1926.

July 1, 1926, to June 30, 1942.
July 1, 1942, to August 1, 1946.
August 2, 1946, to October 31,
1956.

November 1, 1956, to December 31, 1969. 8.................... After December 31, 1969.

July 3, 1926, to June 30, 1942.
July 1, 1942, to June 30, 1948.
July 1, 1948, to October 31,
1956.

November 1, 1956, to Decem-
ber 31, 1969.

January 1, 1970, to December 31, 1983.

After December 31, 1983.

May 5, 1950, to October 31, 1956.

62 ................ November 1, 1956, to December 31, 1969.

7.................... January 1, 1970, to (but not including) the date of the enactment of the Department of Defense Authorization Act, 1984.

8.........

On and after the date of the enactment of the Depart ment of Defense Authorization Act, 1984.

August 1, 1920, to June 30,
1926.

July 1, 1926, to June 30, 1942.
July 1, 1942, to June 30, 1948.
July 1, 1948, to October 31,
1956.

November 1, 1956, to Decem-
ber 31, 1969.

January 1, 1970, to September 30, 1987.

After September 30, 1987.
August 1, 1920, to June 30,
1926.

July 1, 1926, to June 30, 1942.
July 1, 1942, to June 30, 1948.
July 1, 1948, to October 31,
1956.

November 1, 1956, to Decem-
ber 31, 1969.

January 1, 1970, to September 30, 1988.

...... After September 30, 1988.

Notwithstanding the preceding provisions of this subsection and any provision of section 206(b)(3) of the Federal Employees' Retirement Contribution Temporary Adjustment Act of 1983, the percentage of basic pay required under this subsection in the case of an individual described in section 8402(b)(2) shall, with respect to any covered service (as defined by section 203(a)(3) of such Act) performed by such individual after December 31, 1983, and before January 1, 1987, be equal to 1.3 percent, and, with respect to any such service performed after December 31, 1986, be equal to the amount that would have been deducted from the employee's basic pay under subsection (k) of this section if the employee's pay had been subject to that subsection during such period.

(d)(1) Each employee or Member who has received a refund of retirement deductions under this or any other retirement system established for employees of the Government covering service for which he may be allowed credit under this subchapter may deposit the amount received, with interest. Credit may not be allowed for the service covered by the refund until the deposit is made.

(2)(A) This paragraph applies with respect to any employee or Member who