5 U.S.C. § 8402 : US Code - Section 8402: Federal Employees' Retirement System; exclusions

Search 5 U.S.C. § 8402 : US Code - Section 8402: Federal Employees' Retirement System; exclusions

(a) The provisions of this chapter comprise the Federal
Employees' Retirement System.
(b) The provisions of this chapter shall not apply with respect
to - 
(1) any individual who has performed service of a type
described in subparagraph (C), (D), (E), or (F) of section
210(a)(5) of the Social Security Act continuously since December
31, 1983 (determined in accordance with the provisions of section
210(a)(5)(B) of the Social Security Act, relating to continuity
of employment); or
(2)(A) any employee or Member who has separated from the
service after - 
(i) having been subject to - 
(I) subchapter III of chapter 83 of this title;
(II) subchapter I of chapter 8 of title I of the Foreign
Service Act of 1980; or
(III) the benefit structure for employees of the Board of
Governors of the Federal Reserve System appointed before
January 1, 1984, that is a component of the Retirement Plan
for Employees of the Federal Reserve System, established
under section 10 of the Federal Reserve Act; and
(ii) having completed - 
(I) at least 5 years of civilian service creditable under
subchapter III of chapter 83 of this title;
(II) at least 5 years of civilian service creditable under
subchapter I of chapter 8 of title I of the Foreign Service
Act of 1980; or
(III) at least 5 years of civilian service (other than any
service performed in the employ of a Federal Reserve Bank)
creditable under the benefit structure for employees of the
Board of Governors of the Federal Reserve System appointed
before January 1, 1984, that is a component of the Retirement
Plan for Employees of the Federal Reserve System, established
under section 10 of the Federal Reserve Act,
determined without regard to any deposit or redeposit
requirement under either such subchapter or under such benefit
structure, or any requirement that the individual become
subject to either such subchapter or to such benefit structure
after performing the service involved; or
(B) any employee having at least 5 years of civilian service
performed before January 1, 1987, creditable under subchapter III
of chapter 83 of this title (determined without regard to any
deposit or redeposit requirement under such subchapter, any
requirement that the individual become subject to such subchapter
after performing the service involved, or any requirement that
the individual give notice in writing to the official by whom
such individual is paid of such individual's desire to become
subject to such subchapter);
except to the extent provided for under subsection (d) of this
section or title III of the Federal Employees' Retirement System
Act of 1986 pursuant to an election under such title to become
subject to this chapter.
(c)(1) The Office may 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 Regulatory
Commission, whose employment is temporary or intermittent, except
an employee whose employment is part-time career employment (as
defined in section 3401(2)).
(2) The Architect of the Capitol may exclude from the operation
of this chapter an employee under the Office of the Architect of
the Capitol whose employment is temporary or of uncertain duration.
(3) The Librarian of Congress may exclude from the operation of
this chapter an employee under the Library of Congress whose
employment is temporary or of uncertain duration.
(4) The Director or Acting Director of the Botanic Garden may
exclude from the operation of this chapter an employee under the
Botanic Garden whose employment is temporary or of uncertain
duration.
(5) The Chief Administrative Officer of the House of
Representatives and the Secretary of the Senate each may exclude
from the operation of this chapter a Congressional employee - 
(A) whose employment is temporary or intermittent; and
(B) who is paid by such Chief Administrative Officer or
Secretary, as the case may be.
(6) The Director of the Office of Technology Assessment may
exclude from the operation of this chapter an employee under the
Office of Technology Assessment whose employment is temporary or
intermittent.
(7) The Director of the Congressional Budget Office may exclude
from the operation of this chapter an employee under the
Congressional Budget Office whose employment is temporary or
intermittent.
(8) The Director of the Administrative Office of the United
States Courts may exclude from the operation of this chapter an
employee of the Administrative Office of the United States Courts,
the Federal Judicial Center, or a court named by section 610 of
title 28, whose employment is temporary or of uncertain duration.
(9) The Joint Committee on Judicial Administration in the
District of Columbia may exclude from the operation of this chapter
an employee of the District of Columbia Courts whose employment is
temporary or of uncertain duration.
(d) Paragraph (2) of subsection (b) shall not apply to an
individual who - 
(1) becomes subject to - 
(A) subchapter II of chapter 8 of title I of the Foreign
Service Act of 1980 (relating to the Foreign Service Pension
System) pursuant to an election; or
(B) the benefit structure in which employees of the Board of
Governors of the Federal Reserve System appointed on or after
January 1, 1984, participate, which benefit structure is a
component of the Retirement Plan for Employees of the Federal
Reserve System, established under section 10 of the Federal
Reserve Act (and any redesignated or successor version of such
benefit structure, if so identified in writing by the Board of
Governors of the Federal Reserve System for purposes of this
chapter); and
(2) subsequently enters a position in which, but for paragraph
(2) of subsection (b), such individual would be subject to this
chapter.
(e) A bankruptcy judge or magistrate judge who is covered by
section 377 of title 28 or section 2(c) of the Retirement and
Survivors' Annuities for Bankruptcy Judges and Magistrates Act of
1988 shall be excluded from the operation of this chapter, other
than subchapters III and VII of such chapter, if the judge or
magistrate judge notifies the Director of the Administrative Office
of the United States Courts of an election of a retirement annuity
under those provisions. Upon such election, the judge or magistrate
judge shall be entitled to a lump-sum credit under section 8424 of
this title.
(f) A judge who is covered by section 7296 of title 38 shall be
excluded from the operation of this chapter if the judge notifies
the Director of the Office of Personnel Management of an election
of a retirement annuity under that section. Upon such election, the
judge shall be entitled to a lump-sum credit under section 8424 of
this title.
(g) A judge of the United States Court of Federal Claims who is
covered by section 178 of title 28 shall be excluded from the
operation of this chapter, other than subchapters III and VII of
such chapter, if the judge notifies the Director of the
Administrative Office of the United States Courts of an election of
a retirement annuity under those provisions. Upon such election,
the judge shall be entitled to a lump-sum credit under section 8424
of this title.