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"CSRS" means the Civil Service Retirement System as described in subchapter III of chapter 83 of title 5, United States Code;

"Employee" means the following individuals listed in 5 U.S.C. 8401(11) whose service is employment for the purposes of title II of the Social Security Act and chapter 21 of the Internal Revenue Code of 1954:

(a) An employee as defined by 5 U.S.C. 2105;

(b) A U.S. Commissioner whose total pay for services performed as Commissioner is not less than $3,000 in each of the last three consecutive calendar years ending after December 31, 1954; (c) An individual employed by a county committee established under 16 U.S.C. 590h(b);

(d) An individual employed by Gallaudet College;

(e) An individual appointed to a position on the office staff of a former President under section 1(b) of the "Act of August 25, 1958" (72 Stat 838);

(f) An alien (1) who was previously employed by the Government; (2) who is employed full time by a foreign government to protect or further the interests of the United States during an interruption of diplomatic or consular relations; and (3) for whose services reimbursement is made to the foreign government by the United States;

(g) A Congressional employee as defined in 5 U.S.C. 2107, including a temporary Congressional employee and an employee of the Congressional Budget Office; and

(h) The following individuals are excluded from the definition of "employee" in 5 U.S.C. 8401 (11):

(1) A justice or judge of the United States as defined by 28 U.S.C. 451;

(2) A temporary employee of the Administrative Office of the United States Courts or of a court named by 28 U.S.C. 610;

(3) A construction employee or other temporary, part-time, or intermittent employee of the Tennessee Valley Authority;

(4) A student employee as defined by 5 U.S.C. 5351;

(5) Teachers in dependents' schools of the Department of Defense in overseas areas with respect to Federal employment, other than teaching, performed during a recess period between two school years;

(6) An individual subject to another retirement system for Government employees (other than an employee of the United States Park Police, or the United States Secret Service) any of whose civilian employment after December 31, 1983, is employment subject to social security; and

(7) An individual excluded by OPM regulation in Section 842.105.

"FERS" means the Federal Employees Retirement System as described in chapter 84 of title 5, United States Code.

"Member" has the same meaning provided in 5 U.S.C. 2106, except that the term does not include an individual who irrevocably elects, by written notice to the official by whom such individual is paid, not to participate in FERS.

"OPM" means the Office of Personnel Management.

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§ 842.104 Exceptions and options.

(a) A FERS retiree who is reemployed is covered by FERS unless the reemployment service is as a justice or judge of the United States (as defined by 28 U.S.C. 451) or as an employee subject to another retirement system for Federal employees.

(b) An employee who is covered by CSRS and social security and who has 5 or more years of creditable civilian service under CSRS rules as of December 31, 1986, is subject to FERS only after electing FERS coverage.

(c) An employee who is covered by CSRS and social security and who completes 5 or more years of creditable civilian service under CSRS rules at the time of his or her last separation, and had some service covered by CSRS or the Foreign Service System, is subject to FERS only after electing FERS coverage.

(d) An individual who has served continuously (i.e., without a break in service of more than 365 days) since December 31, 1983, in one or more of the following positions is subject to FERS only after electing FERS coverage.

(1) The Vice President;

(2) A Member of Congress;

(3) A non-SES appointee to a position listed in 5 U.S.C. 5312 through 5317;

(4) A Senior Executive Service or Senior Foreign Service noncareer appointee; or

(5) An individual appointed by the President (or his designee) or the Vice President under section 105(a)(1), 107 (a)(1), or (b)(1) of title 3, United States Code, to a position for which the maximum rate of basic pay is at or above the rate for Level V of the Executive Schedule.

(e) An employee who is covered only by CSRS is subject to FERS coverage only after electing FERS coverage.

(f) An employee who has 5 or more years of creditable civilian service under CSRS rules as of December 31, 1986, even though none of this service was covered by CSRS deductions or it was not covered by deductions on December 31, 1986, is subject to FERS only after electing FERS coverage.

§ 842.105 Regulatory exclusions.

(a) OPM is authorized in 5 U.S.C. 8402(c)(1) to "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 parttime career employment (as defined in section 3401(2))." Therefore, under this authority, OPM is excluding the following:

(1) Employees serving under appointments limited to 1 year or less; and

(2) Intermittent employees serving under other than career or career conditional appointments.

(b) When an employee who is covered by FERS moves to a position listed in paragraph (a) of this section without a break in service or after a separation of 3 days or less, his or her FERS coverage will continue.d

Subpart B-Eligibility

AUTHORITY: 5 U.S.C. 8461.

SOURCE: 52 FR 4473, Feb. 11, 1987, unless otherwise noted.

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§ 842.204 Immediate voluntary retirement-basic age and service requirements.

(a) An employee or Member who separates from service is entitled to an annuity

(1) After attaining the minimum retirement age and completing 10 years of service; or

(2) After becoming age 60 and completing 20 years of service; or

(3) After becoming age 62 and completing 5 years of service.

(b)(1) Except as provided in paragraph (b)(2) or (c) of this section, an annuity payable under paragraph (a) of this section commences on the first day of the month following separation.

(2) An annuity payable under paragraph (a) of this section commences

on the day after separation, if that separation occurs upon the expiration of a term (or other period) for which the individual was appointed or elected.

(c)(1) An employee or Member entitled to an annuity under paragraph (a)(1) of this section may elect to postpone the commencing date of that annuity, provided the individual

(i) Has completed less than 30 years of service; and

(ii) Is not entitled to an immediate annuity under any other provision of this subpart. An immediate annuity means an annuity that will begin within 31 days of separation.

(2) A postponed commencing date may not precede the later of

(i) The first day of the month after the date of separation of the employee or Member; or

(ii) The 31st day after the date of filing the election of a commencing date.

(3) A postponed commencing date must precede the date on which the employee or Member becomes age 62.

(4) The election of a commencing date may be filed not more than 90 days before the commencing date elected by the employee or Member, and must be filed in a form prescribed by the Office of Personnel Management (OPM).

(5) A written election that is not in the prescribed form, but which designates a specific commencing date, and otherwise conforms to the time limits in paragraphs (c)(2) through (c)(4) of this section, will be accepted as an informal election subject to ratification in the prescribed form.

(6) The election of a commencing date becomes irrevocable on the date OPM authorizes the first annuity payment.

§ 842.205 Early retirement-major RIF, reorganization, or transfer of function. (a) An employee other than an employee entitled to an annuity under § 842.207 or § 842.208, who separates from the service voluntarily after completing 25 years of service, or after becoming age 50 and completing 20 years of service is entitled to an annuity if,

on the date of separation, the employee is

(1) Serving in a position and in a geographic area designated by the Director of OPM or his or her designee; and (2) Serving during a period in which the Director of OPM or his designee determines, in accordance with instructions issued under appendix E of FPM Chapter 351, that—

(i) The employing agency is undergoing a major reorganization, a major reduction in force, or a major transfer of function; and

(ii) A significant percent of the employees serving in the employing agency will be separated or subject to a reduction in basic pay.

(b) Determinations of major reorganization, major reduction in force, or major transfer of function will be made by the Director of OPM or his or her designee only after receipt of a written request to make the determiannation from the head of the agency, or his or her designee.

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§ 842.206 Involuntary retirement.

(a) An employee, other than an employee entitled to an annuity under § 842.207 or § 842.208, who separates from the service involuntarily after completing 25 years of service, or after becoming age 50 and completing 20 years of service is entitled to an annuity, except as provided in paragraphs (b) and (c) of this section.

(b) An employee who is separated for cause on charges of misconduct or delinquency is not entitled to an annuity under paragraph (a) of this section.

(c) An employee who would otherT wise be entitled to an annuity under paragraph (a) of this section is not so entitled if the employee has declined a reasonable offer of another position that meets all of the following conditions:

(1) The offer must be made in writing;

(2) The employee must meet established qualification requirements; and (3) The offered position must be—

(i) In the employee's agency, including an agency to which the employee would be transferred in a transfer of function(s) between agencies;

(ii) Within the employee's commuting area unless geographic mobility is

a condition of the employee's employment;

(iii) of the same tenure and work schedule; and

(iv) Not lower than the equivalent of two grades or pay levels below the employee's current grade or pay level, without consideration of the employee's eligibility to retain his or her current grade or pay under Part 536 of this chapter or other authority. In movements between pay schedules or pay systems, the representative rate of the grade or pay level that is two grades below that of the current position will be compared with the representative rate of the grade or pay level of the offered position. For this purpose, "representative rate" has the meaning given that term in § 536.102 of this chapter.

(d) An annuity payable under paragraph (a) of this section commences on the day after separation from the service.

§ 842.207 Air traffic controllers.

(a) An employee who separates from service, except by removal for cause or charges of delinquency or misconduct, is entitled to an annuity

(1) After completing 25 years of service as an air traffic controller; or

(2) After becoming age 50 and completing 20 years of service as an air traffic controller.

(b) An annuity payable under paragraph (a) of this section commences on the first day of the month following separation.

§ 842.208 Firefighters and law enforcement officers.

(a) An employee who separates from service, except by removal for cause on charges of delinquency or misconduct, is entitled to an annuity

(1) After completing any combination of service as a firefighter or law enforcement officer totaling 25 years;

or

(2) After becoming age 50 and completing any combination of service as a firefighter or law enforcement officer totaling 20 years.

(b) An annuity payable under paragraph (a) of this section commences

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