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or Member's last transfer to a position thereafter at the yearly rate deterin which he or she is not subject to mined by the Secretary of the Treassubchapter III of chapter 83 of title 5, ury. United States Code

(g) For calendar year 1985 and for (d) For noncontributory service per

each subsequent calendar year, OPM formed before October 1, 1982, and for

will publish a notice in the FEDERAL redeposits of refunds paid on an appli

REGISTER to notify the public of the cation received by either the individ

interest rate that will be in effect ual's employing agency or OPM before

during that calendar year. October 1, 1982, interest at the rate of

(h) Interest under $8 831.612, 4 percent per year to December 31,

831.613, 831.621, and 831.623 is com1947, and at the rate of 3 percent per year thereafter, compounded annual

pounded annually and accrued monthly, is charged. Interest is charged on the outstanding balance of a deposit

(1) The initial interest on each from the midpoint of each service

monthly difference between the reperiod for which deposit is involved;

duced annuity rate and the annuity interest is charged on the outstanding

rate actually paid equals the amount balance of a refund from the date the

of the monthly difference times the refund was paid. Interest is charged to

difference between (i) 1.06 raised to the date of deposit or commencing

the power whose numerator is the date of annuity, whichever is earlier,

number of months between the date except that interest is not charged for

when the monthly difference in annuany period of separation from the ity rates occurred and the date when service which began before October 1. the initial interest is computed and 1956.

whose denominator is 12; and (ii) 1. (e) For noncontributory service per (2) The total initial interest due is formed on or after October 1, 1982, the sum of all of the initial interest on and for redeposits of refunds paid on each monthly difference computed in an application received by the individ- accordance with paragraph (h)(1) of ual's employing agency or OPM on or this section. after October 1, 1982, interest is (3) Additional interest on any uncolcharged at the rate of 3 percent per lected balance will be compounded anyear through December 31, 1984, and, nually and accrued monthly. The addithereafter, at the yearly rate deter tional interest due each month equals mined by the Secretary of Treasury, the remaining balance due times the compounded annually. Interest is difference between (i) 1.06 raised to charged on the outstanding balance of the 1/12th power; and (ii) 1. a deposit from the midpoint of each

(i)(1) When an individual's civilian service period for which deposit is in

service involves several deposit and/or volved; interest is charged on the out

redeposit periods, OPM will normally standing balance of a refund from the

use the following order of precedence date the refund was paid. Interest is

in applying each installment payment charged to the date of deposit.

against the full amount due: (f) No interest is charged on a depos

(i) Redeposits of refunds paid on apit for military service if that deposit is

plications received by the individual's made before October 1, 1984, or within 2 years of the date that an individual

employing agency or OPM on or after first becomes an employee or Member

October 1, 1982; under the civil service retirement

(ii) Redeposits of refunds paid on apsystem, whichever is later. When in

plications received by the individual's terest is charged on a deposit for mili

employing agency or OPM before Octary service, it is charged on the out

tober 1, 1982; standing balance at the rate of 3 per (iii) Deposits for noncontributory cicent per year, compounded annually, vilian service performed on or after from October 1, 1984, or 2 years from October 1, 1982; and the date the individual first becomes (iv) Deposits for noncontributory an employee or Member, whichever is service performed before October 1, later, through December 31, 1984, and 1982.

ly.

V

(2) If an individual specifically re- (vi) Documentation of claims made quests a different order of precedence, for life insurance and health benefits that request will be honored.

by annuitants under a Federal Gov(j) Interest under $ 831.629 is com ernment retirement system other than pounded annually and accrued month the Civil Service Retirement System.

(vii) Documentation of voluntary (1) The initial interest on each contributions made by eligible individmonthly difference between the re uals. duced annuity rate and the annuity (viii) Health Unit medical records rate actually paid equals the amount for OPM employees. of the monthly difference times the (2) These records may be disclosed difference between

to the individual to whom the infor(i) The sum of one plus the interest mation pertains, or with prior written rate set under $ 831.105(g) raised to consent of the individual to the power whose numerator is the agency or other person, except that number of months between the date

medical evidence about which a pruwhen the monthly difference in annu

dent physician would hesitate to ity rates occurred and the date when

inform the individual, will be disclosed the initial interest is computed and

only to a licensed physician designated whose denominator is 12; and

in writing for that purpose by the indi(ii) 1.

vidual or by his or her representative. (2) The total initial interest due is

(3) Civil service retirement records the sum of all of the initial interest on

will be disclosed consistent with the each monthly difference computed in

provisions of the Privacy Act of 1974 accordance with paragraph (j)(1) of

(5 U.S.C. 552a), including, but not limthis section.

ited to, disclosures.

(i) Pursuant to a routine use promul[33 FR 12498, Sept. 4, 1968, as amended at gated for such records and printed in 47 FR 43637, Oct. 1, 1982; 48 FR 38783, Aug.

the Office's annual publication of no26, 1983; 51 FR 31931, Sept. 8, 1986; 52 FR

tices of systems of records, except 32287, Aug. 27, 1987; 55 FR 9099, Mar, 12,

that; 1990)

(ii) A beneficiary designated in ac8 831.106 Disclosure of information.

cordance with the provisions of the

Civil Service Retirement law (5 U.S.C. (a)(1) The Office has in its posses

8342(b)) shall, during the lifetime of sion or under its control records con

the designator, be disclosed to the destaining the following types of informa

ignator only, at his or her signed, writtion:

ten request. Such beneficiary designa(i) Documentation of Federal service

tions that may appear in records being subject to the Civil Service Retirement

disclosed must be removed before System.

access to a record is permitted. If in(ii) Documentation of service credit

formation pertaining to a designation and refund claims made under the of beneficiary is specifically asked for Civil Service Retirement System.

by a court of competent jurisdiction, it (iii) Retirement and death claims may be released to the court, but with files, including documents supporting a written notice that it is released the retirement application, health under protest. benefits and life insurance eligibility, (4) Except as provided in paragraphs medical records supporting disability (a)(2) and (a)(3) of this section, the claims, and designations of benefici Office shall not disclose information aries.

from the files, records, reports, or (iv) Claims review and correspond other papers and documents pertainence files pertaining to benefits under ing to a claim filed with the Office, the Federal Employees Health Bene whether potential, pending, or adjudifits Program.

cated. This information is deemed (v) Suitability determination files on privileged and confidential. applicants for Federal employment (b) On written request the Office found unsuitable for employment on shall return, to the person entitled to medical grounds.

them, certificates of discharges, adoption papers, marriage certificates, de- (2) A request for reconsideration of a crees of divorce, letters testamentary decision to collect a debt will be made or of administration, when they are no in accordance with § 831.1304(b). longer needed in the settlement of the (c) Initial decision. A decision shall claim. If papers returned constitute be considered an initial decision when part of the material and essential evi- rendered by OPM in writing and statdence in a claim, the Office shall ing the right to reconsideration. Howretain in the file photo or other copies ever, a decision initially rendered at of them or of the parts which appear the highest level of review available to be of evidential value.

within OPM will not be subject to re(47 FR 12937, Mar. 26, 1982]

consideration, but will give an appeal

right direct to the Merit Systems Pro831.107 Computation of time.

tection Board (MSPB). In computing a period of time pre

(d) Reconsideration. A request for

reconsideration must be in writing, scribed by this part, the day of the action or event after which the desig

must include the individual's name, nated period of time begins to run is

address, date of birth and claim not included. The last day of the

number, if applicable, and must state period is included unless it is a Satur

the basis for the request. day, a Sunday, or a legal holiday; in

(e) Time limits on reconsideration. | this event, the period runs until the

(1) A request for reconsideration must į end of the next day which is not a Sat

be received by OPM within 30 calenurday, a Sunday, or a legal holiday.

dar days from the date of the original

decision. [33 FR 12498, Sept. 4, 1968. Redesignated at

(2) The representative of the Associ44 FR 37889, June 29, 1979]

ate Director for Compensation respon$ 831.108 Major reorganization, reduction

sible for reconsiderations may extend

the time limit for filing when the indiin force, or transfer of function.

vidual shows that he/she was not notiDeterminations of major reorganiza

fied of the time limit and was not othtion, major reduction in force, or

erwise aware of it, or that he/she was major transfer of function for pur

prevented by circumstances beyond poses of early optional retirement

his/her control from making the reunder Section 8336(d)(2) of title 5,

quest within the time limit. United States Code, as amended, will

(f) Final decision. After reconsiderbe made by the Office of Personnel

ation, the Associate Director's repreManagement only after receipt of

sentative shall issue a final decision written request to make the determi

which shall be in writing, shall fully nations from the agency, or his or her

set forth the findings and conclusions designee.

of the reconsideration, and shall con[44 FR 44815, July 31, 1979; 45 FR 2837, tain notice of the right to request an Jan. 15, 1980)

appeal provided in § 831.110. Copies of

the final decision shall be sent to the 8 831.109 Initial decision and reconsider

individual, to any competing claimants ation.

and, where applicable, to the agency. (a) Who may file. Except as noted in (g) Competing claimants. (1) When paragraph (b) of this section any indi a competing claimant files a request vidual or agency whose rights or inter for reconsideration under this section, ests under the Civil Service Retire the other competing claimants shall ment System are affected by an initial be notified of the request and given an decision of the Office of Personnel opportunity to submit written subManagement (OPM) may request stantiation of their claim. OPM to review its initial decision.

(2) When a determination in favor of (b) Actions covered elsewhere. (1) A one claimant would affect another request for reconsideration of termina- claimant, all claimants concerned will tion of annuity payments under 5 be notified of that decision and those U.S.C. 8311-22 shall be made in ac adversely affected will be given an opcordance with the procedures set out portunity to request reconsideration. in subpart K of this part.

OPM shall not execute its decision

until the time limit for requesting reconsideration has expired. If reconsideration has been requested, OPM shall take no action after the reconsideration decision is rendered until the time limit to appeal has expired. (45 FR 23632, Apr. 8, 1980, as amended at 49 FR 1330, Jan. 11, 1984; 50 FR 34664, Aug. 27, 1985)

8 831.110 Appeals.

Appeals to MSPB. Except as noted in this paragraph, an individual or agency whose rights or interests under the Civil Service Retirement System (Subchapter III of Chapter 83, title 5, United States Code) are affected by a final decision of the representative of the Associate Director for Compensation, Office of Personnel Management, may request the Merit Systems Protection Board to review such decision in accord with procedures prescribed by the Board. Decisions of OPM and the Associate Director for Compensation made in accord with the procedures referenced in 831.109(b)(1) are made under Subchapter II of Chapter 83, title 5, United States Code. Such decisions are not appealable to the Merit Systems Protection Board under 5 U.S.C. 8347(d). (44 FR 37890, June 29, 1979, as amended at 45 FR 23633, Apr. 8, 1980; 48 FR 38784, Aug. 26, 1983)

(b) Employee share. (1) If, through administrative error, an agency did not withhold any of the employee deductions required by 5 U.S.C. 8334(a) for any pay period, the employee may, at his or her option

(i) Request the agency that employed him or her when the error was made to correct his or her records and arrange to pay any resulting overpayment of pay to the agency (unless it is waived by the agency); or

(ii) Pay the deposit plus any applicable interest (under certain conditions, the deposit may be made at any time until the final adjudication of his or her application for retirement) directly to OPM by submitting SF 2803; or

(iii) Have the period of service treated like the nondeduction service described in § 831.303.

(2) When the agency withholds part of the required employee deductions for any pay period, the balance must be submitted to OPM in the manner currently prescribed for the transmission of withholdings and contributions as soon as possible, but not later than provided by standards established by OPM in the Federal Personnel Manual. The agency must correct its error. The employee does not have the option to pay a deposit directly to OPM when partial deductions have been withheld.

(3) If the agency waives the employee's repayment of the salary overpayment that resulted from the administrative error, the agency must also submit (in addition to the agency contribution) the employee's share of the unpaid contributions to OPM in the manner currently prescribed for the transmission of withholdings and contributions. [53 FR 35295, Sept. 13, 1988)

8 831.111 Employee deductions and

agency contributions. (a) Agency share. When an agency fails to withhold some or all of an employee deduction under 5 U.S.C. 8334(a) for any pay period, the agency is still responsible for submitting the correct agency contribution to OPM. The agency must submit as the agency share, a payment equal to the amount that would have been submitted if the error had not been made (or a payment equal to the difference between the amount already submitted as the agency share and the amount that should have been submitted). The pay. ment should be submitted to OPM in the manner currently prescribed for the transmission of withholdings and contributions as soon as possible, but not later than provided by standards established by OPM in the Federal Personnel Manual.

$ 831.112 Definitions of employee.

(a) Determinations involving an employee's ability to make a deposit or redeposit. A person may make a deposit or redeposit under section 8334 of title 5, United States Code, if he or she is an “employee.” For purposes of this paragraph, an employee is,

(1) A person currently employed in a position subject to the civil service retirement law; or

8 831.113 Payments to children.

For purposes of section 8345(e) of title 5, United States Code, persons who have attained age 18 are considered adults regardless of the age of majority in the jurisdiction in which they reside. (56 FR 45884, Sept. 9, 791)

Subpart B-Coverage

(2) A former employee (whose annuity has not been finally adjudicated) who retains civil service retirement annuity rights based on a separation from a position in which retirement deductions were properly withheld and remain (or have been redeposited in whole or in part) in the Civil Service Retirement and Disability Fund.

(b) Determinations involving the payment of survivor benefits at an employee's or former employee's death. To determine entitlement to survivor benefits, OPM establishes whether the deceased individual was an "employee" or a "retiree” on the date of death. If the decedent was an "employee" on the date of death, survivor benefits are paid as though the individual died in service. If the decedent was a “retiree" on the date of death, survivor benefits are only paid as provided in the individual's election, provided it was properly made. However, if a former employee was eligible only for a deferred annuity at age 62, survivor benefits are only paid if the individual was a "retiree" on the date of death. For purposes of this paragraph,

(1) Employee is a person

(i) who had not been separated from service prior to his or her death, even if he or she had applied for retirement (for example, an applicant for disability annuity) and the application had been approved; or

(ii) Whose death occurs before the commencing date of annuity, even though separation has occurred.

(2) Retiree or annuitant is a person

(i) Who has been separated from service and met all the requirements to receive an annuity including having filed an application for the annuity prior to his or her death; and

(ii) Whose death occurs on or after the commencing date of annuity.

(c) Determinations involving the requirement of spousal consent for elections of alternative annuity and survivor annuity benefits. Spousal consent is required as specified in $$ 831.607 and 831.2203(c), if the employee/annuitant is married on the commencing date of annuity, regardless of whether that date is before or after the date of separation from service. (56 FR 45883, Sept. 9, 1991)

8 831.201 Exclusions from retirement cov

erage. (a) The following groups of employees in the executive branch of the Government are excluded from subchapter III of chapter 83 of title 5, United States Code:

(1) Employees serving under appointments limited to one year or less, except annuitants appointed by the President to fill unexpired terms of office on or after January 1, 1976.

(2) Intermittent employees-nonfull-time employees without a prearranged regular tour of duty.

(3) Employees whose salary, pay, or compensation on an annual basis is $12 a year or less.

(4) Member or patient employees in Government hospitals or homes.

(5) Employees paid on a piecework basis, except those whose work schedule provides for regular or full-time service.

(6) Intermittent alien employees engaged on work outside the continental limits of the United States.

(7) Employees serving under temporary appointments pending establishment of registers, or pending final determination of eligibility for permanent appointment.

(8) Officers in Charge, clerks in fourth-class post offices, substitute rural carriers, and special-delivery messengers at second third-, and fourth-class post offices.

(9) Consular agents appointed under authority of section 551 of the Foreign Service Act of 1946 (22 U.S.C. 951).

(10) Employees serving under emergency-indefinite appointments not exceeding 5 years.

(11) United States citizens given “overseas limited appointments.”

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