5 U.S.C. § 8332 : US Code - Section 8332: Creditable service

Search 5 U.S.C. § 8332 : US Code - Section 8332: Creditable service

(a) 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.
(b) The service of an employee shall be credited from the date of
original employment to the date of separation on which title to
annuity is based in the civilian service of the Government. Except
as provided in paragraph (13) (!1) of this subsection, credit may
not be allowed for a period of separation from the service in
excess of 3 calendar days. The service includes - 
(1) employment as a substitute in the postal field service;
(2) service in the Pan American Sanitary Bureau;
(3) subject to section 8334(c) and 8339(i) of this title,
service performed before July 10, 1960, as an employee of a
county committee established under section 590h(b) of title 16 or
of a committee or an association of producers described by
section 610(b) of title 7;
(4) service as a student-employee as defined by section 5351 of
this title only if he later becomes subject to this subchapter;
(5) a period of satisfactory service of a volunteer or
volunteer leader under chapter 34 of title 22 only if he later
becomes subject to this subchapter;
(6) employment under section 709 of title 32 or any prior
corresponding provision of law;
(7) a period of service of a volunteer under part A of title
VIII of the Economic Opportunity Act of 1964, or a period of
service of a full-time volunteer enrolled in a program of at
least one year's duration under part A, B, or C of title I of the
Domestic Volunteer Service Act of 1973 only if he later becomes
subject to this subchapter;
(8) subject to section 8334(c) and 8339(i) of this title,
service performed after February 18, 1929, and before noon on
January 3, 1971, as a United States Capitol Guide;
(9) subject to sections 8334(c) and 8339(i) of this title,
service as a substitute teacher for the government of the
District of Columbia after July 1, 1955, if such service is not
credited for benefits under any other retirement system
established by a law of the United States;
(10) periods of imprisonment of a foreign national for which
compensation is provided under section 410 of the Foreign Service
Act of 1980, if the individual (A) was subject to this subchapter
during employment with the Government last preceding
imprisonment, or (B) is qualified for an annuity under this
subchapter on the basis of other service of the individual;
(11) subject to sections 8334(c) and 8339(i) of this title,
service in any capacity of at least 130 days (or its equivalent)
per calendar year performed after July 1, 1946, for the National
Committee for a Free Europe; Free Europe Committee, Incorporated;
Free Europe, Incorporated; Radio Liberation Committee; Radio
Liberty Committee; subdivisions of any of those organizations;
Radio Free Europe/Radio Liberty, Incorporated, Radio Free Asia;
the Asia Foundation; or the Armed Forces Network, Europe (AFN-E),
but only if such service is not credited for benefits under any
other retirement system which is established for such entities
and funded in whole or in part by the Government and only if the
individual later becomes subject to this subchapter;
(12) service as a justice or judge of the United States, as
defined by section 451 of title 28, and service as a judge of a
court created by Act of Congress in a territory which is invested
with any jurisdiction of a district court of the United States,
but no credit shall be allowed for such service if the employee
is entitled to a salary or an annuity under section 371, 372, or
373 of title 28;
(13) subject to sections 8334(c) and 8339(i) of this title,
service performed on or after December 6, 1967, and before the
effective date of this paragraph as an employee of the House
Beauty Shop, only if he serves as such an employee for a period
of at least five years after such effective date;
(14) one year of service to be credited for each year in which
a Native of the Pribilof Islands performs service in the taking
and curing of fur seal skins and other activities in connection
with the administration of the Pribilof Islands, notwithstanding
any period of separation from the service, and regardless of
whether the Native who performs the service retires before, on,
or after the effective date of this paragraph;
(15) subject to sections 8334(c) and 8339(i) of this title,
service performed on or after January 3, 1969, and before January
4, 1973, as the Washington Representative for Guam or the
Washington Representative for the Virgin Islands, only if the
individual serves as a Member for a period of at least five years
after January 2, 1973;
(16) service performed by any individual as an employee
described in section 2105(c) of this title after June 18, 1952,
and before January 1, 1966, if (A) such service involved
conducting an arts and crafts, drama, music, library, service
club, youth activities, sports, or recreation program (including
any outdoor recreation program) for personnel of the armed
forces, and (B) such individual is an employee subject to this
subchapter on the day before the date of the enactment of the
Nonappropriated Fund Instrumentalities Employees' Retirement
Credit Act of 1986; and
(17) service performed by any individual as an employee paid
from nonappropriated funds of an instrumentality of the
Department of Defense or the Coast Guard described in section
2105(c) that is not covered by paragraph (16) and that is not
otherwise creditable, if the individual elects (in accordance
with regulations prescribed by the Office) to have such service
credited under this paragraph.
The Office of Personnel Management shall accept the certification
of the Secretary of Agriculture or his designee concerning service
for the purpose of this subchapter of the type performed by an
employee named by paragraph (3) of this subsection. The Office of
Personnel Management shall accept the certification of the
Secretary of Commerce or his designee concerning service for the
purpose of this subchapter of the type performed by an employee
named by paragraph (14) of this subsection. The Office of Personnel
Management shall accept the certification of the Capitol Guide
Board concerning service for the purpose of this subchapter of the
type described in paragraph (8) of this subsection and performed by
an employee. The Office of Personnel Management shall accept the
certification of the Chief Administrative Officer of the House of
Representatives concerning service for the purpose of this
subchapter of the type described in paragraph (13) of this
subsection. For the purpose of paragraph (5) of this subsection - 
(A) a volunteer and a volunteer leader are deemed receiving pay
during their service at the respective rates of readjustment
allowances payable under sections 2504(c) and 2505(1) of title
22; and
(B) 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 the
termination of that service by the President or by death or
resignation.
The Office of Personnel Management shall accept the certification
of the Executive Director of the Board for International
Broadcasting, and the Secretary of State with respect to the Asia
Foundation and the Secretary of Defense with respect to the Armed
Forces Network, Europe (AFN-E), concerning services for the
purposes of this subchapter of the type described in paragraph (11)
of this subsection. For the purpose of this subchapter, service of
the type described in paragraph (15) of this subsection shall be
considered Member service. The Office of Personnel Management shall
accept, for the purposes of this subchapter, the certification of
the head of a nonappropriated fund instrumentality of the United
States concerning service of the type described in paragraph (16)
or (17) of this subsection which was performed for such
appropriated fund instrumentality. Service credited under paragraph
(17) may not also be credited under any other retirement system
provided for employees paid from nonappropriated funds of a
nonappropriated fund instrumentality.
(c)(1) Except as provided in paragraphs (2) and (4) of this
subsection and subsection (d) of this section - 
(A) the service of an individual who first becomes an employee
or Member before October 1, 1982, shall include credit for each
period of military service performed before the date of the
separation on which the entitlement to an annuity under this
subchapter is based, subject to section 8332(j) of this title;
and
(B) the service of an individual who first becomes an employee
or Member on or after October 1, 1982, shall include credit for -

(i) each period of military service performed before January
1, 1957, and
(ii) each period of military service performed after December
31, 1956, and before the separation on which the entitlement to
annuity under this subchapter is based, only if a deposit (with
interest, if any) is made with respect to that period, as
provided in section 8334(j) of this title.
(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)(A) Notwithstanding paragraph (2) of this subsection, 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) of this subsection, as applicable. In
carrying out this subparagraph, any amount deposited under section
8334(h) of this title 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.
(4) 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
subchapter 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) For the purpose of section 8339(c)(1) of this title, a Member
- 
(1) shall be allowed credit only for periods of military
service not exceeding 5 years, plus military service performed by
the Member on leaving his office, for the purpose of performing
military service, during a war or national emergency proclaimed
by the President or declared by Congress and before his final
separation from service as Member; and
(2) may not receive credit for military service for which
credit is allowed for purpose of retired pay under other statute.
(e) This subchapter does not affect the right of an employee or
Member to retired pay, pension, or compensation in addition to an
annuity payable under this subchapter.
(f) Credit 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 of this title.
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 in a leave of absence without pay for that part of the
period in which he was receiving benefits under subchapter I of
chapter 81 of this title or any earlier statute on which such
subchapter is based. Except for a substitute in the postal field
service and service described in paragraph (14) of subsection (b)
of this section,,(!2) 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.
(g) An employee who during the period of a war, or of a national
emergency as proclaimed by the President or declared by Congress,
leaves his position to enter the military service is deemed, for
the purpose of this subchapter, as not separated from his civilian
position because of that military service, unless he applies for
and receives a lump-sum credit under this subchapter. However, the
employee is deemed as not retaining his civilian position after
December 31, 1956, or after the expiration of 5 years of that
military service, whichever, is later.
(h) An employee who - 
(1) has at least 5 years' Member service; and
(2) serves as a Member at any time after August 2, 1946;
may not be allowed credit for service which is used in the
computation of an annuity under section 8339(c) of this title.
(i) An individual who qualifies as an employee under section
8331(1)(E) of this title is entitled to credit for his service as a
United States Commissioner, which is not credited for the purpose
of this subchapter for service performed by him in a capacity other
than Commissioner, on the basis of - 
(1) 1/313 of a year for each day on which he performed service
as a Commissioner before July 1, 1945; and
(2) 1/260 of a year for each day on which he performed service
as a Commissioner after June 30, 1945.
Credit for service performed as Commissioner may not exceed 313
days in a year before July 1, 1945, or 260 days in a year after
June 30, 1945. For the purpose of this subchapter, the employment
and pay of a Commissioner is deemed on a daily basis when actually
employed.
(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 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.
(2) The provisions of paragraph (1) of this subsection relating
to credit for military service shall not apply to - 
(A) any period of military service of an employee or Member
with respect to which the employee or Member has made a deposit
with interest, if any, under section 8334(j) of this title; or
(B) the service of any employee or Member described in section
8332(c)(1)(B) of this title.
(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 (!4) 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.
(2) An employee may deposit with interest an amount equal to
retirement deductions representing any period or periods of
approved leave without pay while serving, before July 18, 1966, as
a full-time officer or employee of an organization composed
primarily of employees as defined by section 8331(1) of this title.
An employee who makes the deposit shall be allowed full retirement
credit for the period or periods of leave without pay. If the
employee dies, a survivor as defined by section 8331(10) of this
title may make the deposit. If the deposit is not made in full,
retirement credit shall be allowed in accordance with the third
(!4) sentence of subsection (f) of this section.
(l)(1) Any employee or Member who - 
(A) is of Japanese ancestry; and
(B) while a citizen of the United States or an alien lawfully
admitted to the United States for permanent residence, was
interned or otherwise detained at any time during World War II in
any camp, installation, or other facility in the United States,
or in any territory or possession of the United States, under any
policy or program of the United States respecting individuals of
Japanese ancestry which was established during World War II in
the interests of national security pursuant to - 
(i) Executive Order Numbered 9066, dated February 19, 1942;
(ii) section 67 of the Act entitled "An Act to provide a
government for the Territory of Hawaii", approved April 30,
1900 (chapter 339, Fifty-sixth Congress; 31 Stat. 153);
(iii) Executive Order Numbered 9489, dated October 18, 1944;
(iv) sections 4067 through 4070 of the Revised Statutes of
the United States; or
(v) any other statute, rules, regulation, or order; or
(C) is of Aleut ancestry and while a citizen of the United
States was interned or otherwise detained in, or relocated to any
camp, installation, or other facility in the Territory of Alaska
which was established during World War II for the purpose of the
internment, detention, or relocation of Aleuts pursuant to any
statute, rule, regulation, or order;
shall be allowed credit (as civilian service) for any period during
which such employee or Member was so interned or otherwise detained
after such employee became 18 years of age.
(2) For the purpose of this subsection, "World War II" means the
period beginning on December 7, 1941, and ending on December 31,
1946.
(m)(1) Upon application to the Office of Personnel Management,
any individual who is an employee on the date of the enactment of
this subsection, and who has on such date or thereafter acquires 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 the date of the enactment of this
subsection 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 12, 1980; and
(B) such employee makes a deposit to the Fund in an amount
equal to the amount which would be required under section 8834(c)
of this title if such service were service as a Congressional
employee.
(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 acquires 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 makes a deposit to the Fund in an amount
equal to the amount which would be required under section 8334(c)
if such service were service as a congressional employee.
(3) The Office shall accept the certification of the President of
the Senate (or his designee) or the Speaker of the House (or his
designee), as the case may be, concerning the service of, and the
amount of compensation received by, an employee with respect to
which credit is to be sought under this subsection.
(4) An individual receiving credit for service for any period
under this subsection shall not be granted credit for such service
under the provisions of the Social Security Act.
(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 the
employee's service are transferred from such retirement system to
the Fund.