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(12) Employees serving under non- August 13, 1960, who is reappointed on permanent appointments made pursu expiration of term without a break in ant to section 1 of Executive Order service or after a separation from ser10180 of November 13, 1950.

wice of 3 days or less: (13) Employees serving under non

Board of Accountancy. permanent appointments, designated

Board of Examiners and Registrars of Aras indefinite, made after January 23,

chitects. 1955, the effective date of the repeal Board of Barber Examiners. of Executive Order 10180.

Boxing Commission. (14) Employees serving under term Board of Cosmetology. appointments.

Board of Dental Examiners. (15) Temporary employees of the

Electrical Board. Census Bureau employed under tem

Commission on Licensure to Practice the

Healing Arts. porary limited appointments exceed

Board of Examiners in the Basic Sciences. ing 1 year.

Board of Examiners in Medicine and Oste(16) Employees serving under limit

opathy. ed term, limited emergency and nonca- Motion Picture Operators' Board. reer (designated as indefinite) appoint- Nurses' Examining Board. ments in the Senior Executive Service. Board of Optometry. (17) Health care employees of the

Board of Pharmacy. National Health Service Corps serving

Plumbing Board.

Board of Podiatry Examiners. under appointments limited to four

Board of Registration for Professional years or less in health manpower

gineers. shortage areas.

Real Estate Commission. (b) Paragraph (a) of this section Refrigeration and Air Conditioning Board. does not deny retirement coverage Steam and Other Operating Engineers' when:

Board. (1) Employment in an excluded cate

Undertakers' Committee. gory follows employment subject to

Board of Examiners of Veterinarian Medi

cine. subchapter III of chapter 83 of title 5, United States Code, without a break in (d) The following groups of employservice or after a separation from serv- ees of the government of the District ice of 3 days or less, except in the case of Columbia, appointed on or after Ocof an alien employee whose duty sta- tober 1, 1965, are excluded from subtion is located in a foreign country; chapter III of chapter 83 of title 5,

(2) The employee receives a career United States Code: or career-conditional appointment (1) Employees serving under apunder part 315 of this chapter;

pointments limited to one year or less, (3) The employee is granted com- except temporary teachers of the Dispetitive status under legislation, Exec- trict of Columbia public school system. utive order, or civil service rules and (2) Intermittent employees-nonregulations, while he or she is serving full-time employees without a prearin a position in the competitive serv- ranged regular tour of duty. ice; or

(3) Employees whose pay on an (4) The employee is granted merit annual basis is $12.00 per year or less. status under 35 CFR chapter I, sub- (4) Patient or inmate employees in chapter E;

District Government hospitals, homes (5) The appointment meets the defi- or penal institutions. nition of a provisional appointment (5) Employees paid on a contract or contained in $$ 316.401 and 316.403 of fee basis. this chapter.

(6) Employees paid on a piecework (c) Members of the following boards basis, except those whose work schedand commissions of the government of ule provides for regular or full-time the District of Columbia appointed on service. or after August 13, 1960, are excluded (7) Employees serving under tempofrom subchapter III of chapter 83 of rary appointments pending establishtitle 5, United States Code, except ment of registers, or pending final dethat this exclusion does not operate in termination of eligibility for perma. the case of a member serving on nent appointment.

(e) Paragraph (d) of this section does not deny retirement coverage when (1) employment in an excluded category follows employment subject to subchapter III of chapter 83 of title 5, United States Code, without a break in service or after a separation from service of 3 days or less, or (2) the employee is granted competitive status under legislation, Executive order, or the Civil Service rules and regulations, while he is serving in a position in the competitive service.

(f) Also excluded are any temporary employees, appointed for one year or less, by the government of the District of Columbia under any program or project established pursuant to the Economic Opportunity Act of 1964 (42 U.S.C. 2701 et seq.), and summer trainees employed by the Government of the District of Columbia in furtherance of the President's Youth Opportunity Campaign.

(g) Individuals first employed by the government of the District of Columbia on or after October 1, 1987, are excluded from subchapter III of chapter 83 of title 5, United States Code. However, employees of St. Elizabeths Hospital who were hired before January 1, 1984, and who were covered under subchapter III of chapter 83 of title 5, United States Code, and accept offers of employment with the District of Columbia government without a break in service, as provided in section 6 of Pub. L. 98-621, continue to be covered by this part.

(h) Employees who have elected coverage under another retirement system in accordance with $ 831.204 are excluded from subchapter III of chapter 83 of title 5, United States Code, during that and all subsequent periods of service (including service as a reemployed annuitant). (33 FR 12498, Sept. 4, 1968, as amended at 45 FR 24856, Apr. 11, 1980; 45 FR 46782, July 11, 1980; 47 FR 2285, Jan. 15, 1982; 48 FR 38784, Aug. 26, 1983; 51 FR 23037, June 25, 1986; 52 FR 38220, Oct. 15, 1987; 53 FR 42936, Oct. 25, 1988; 56 FR 4930, Feb. 7, 1991; 56 FR 10142, Mar. 11, 1991)

8 831.202 Continuation of coverage for

food service employees of the House of

Representatives. (a) Congressional employees who provide food service operations for the House of Representatives can elect to continue their retirement coverage under subchapter III of Chapter 83 of Title 5, United States Code, when such food service operations are transferred to a private contractor. These regulations also apply to any successor contractors.

(b) Eligibility requirements. To be eligible for continuation of retirement coverage, an employee must:

(1) Be a Congressional employee (as defined in section 2107 of Title 5, United States Code), other than an employee of the Architect of the Capitol, engaged in providing food service operations for the House of Representatives under the administrative control of the Architect of the Capitol;

(2) Be subject to subchapter III of Chapter 83 of Title 5, United States Code;

(3) Elect to remain covered under civil service retirement provisions no later than the day before the date on which the food service operations transfer from the House of Representatives to a private contractor; and

(4) Become employed to provide food services under contract without a break in service. A “break in service" means a separation from employment of at least three calendar days.

(c) Employee deductions. An employee who elects to continue coverage under Title 5 retirement provisions is deemed to consent to deductions from his or her basic pay for the Civil Service Retirement and Disability Fund in the amount determined in accordance with 5 U.S.C. 8334(k). The employer providing the food services under contract must, in accordance with procedures established by OPM, pay into the Civil Service Retirement and Disability Fund the amounts deducted from an employee's pay.

(d) Employer contributions. The employer providing food services under contract must, in accordance with procedures established by OPM, pay into the Civil Service Retirement and Disability Fund amounts equal to any

agency contributions that would be re-
quired if the individual were a Con-
gressional employee covered by the
Civil Service Retirement System.
(52 FR 5069, Feb. 19, 1987, and 53 FR 10055,
Mar. 29, 1988. Redesignated at 53 FR 10055,
Mar. 29, 1988)

(e) Sick leave. An employee who retires, or dies leaving a survivor entitled to an annuity, from the Airports Authority within the 5 year period beginning on the date the lease takes effect will be permitted to credit unused sich leave in his or her annuity computa. tion. After the 5 year period, use of unused sick leave in the annuity computation will be permitted if the employee is under a formal leave system as defined in $ 831.302. (52 FR 19125, May 21, 1987, and 53 FR 10055, Mar. 29, 1988. Redesignated at 53 FR 10055, Mar. 29, 1988)

8 831.203 Continuation of coverage for

employees of the Metropolitan Wash

ington Airports Authority. (a) Permanent Federal Aviation Administration employees assigned to Washington National Airport or Dulles International Airport who elect to transfer to the Metropolitan Washington Airports Authority, retain their retirement coverage under subchapter III of chapter 83 of title 5, United States Code.

(b) Eligibility requirements. To be eligible for continuation of retirement coverage, an employee must (1) be a permanent Federal Aviation Administration employee assigned to the Metropolitan Washington Airports who elects to transfer to the Airports Authority; (2) be subject to subchapter III chapter 83 of title 5 United States Code on the day before the date the lease takes effect; and (3) become continually employed by the Airports Authority without a break in service. A “break in service" means a separation from employment of at least 3 calendar days.

(c) Employee deductions. Employees of the Airports Authority who have continuing coverage under title 5 retirement provisons are deemed to consent to deductions from their basic pay for the Civil Service Retirement and Disability Fund. The amounts deducted will be the same as if the employees were still employed by the Federal Government. The Airports Authority must, in accordance with procedures established by OPM, pay into the Civil Service Retirement and Disability Fund the amounts deducted from an employee's pay.

(d) Employer contributions. The Airports Authority must, in accordance with procedures established by OPM, pay into the Civil Service Retirement and Disability Fund amounts equal to any agency contributions that would be required for employees covered by the Civil Service Retirement System.

8 831.204 Elections of retirement coverage

under the Portability of Benefits for Nonappropriated Fund Employees Act

of 1990. (a) An employee of the Departmen of Defense or the Coast Guard wit has 5 years of civilian service credita: ble under CSRS, who has not made an election under this section, who has not had an opportunity to make an election of retirement coverage under this paragraph, and who moves, without a break in service of more than 3 days, to employment as an employee of an instrumentality described in section 2105(c) of title 5, United States Code, in the Department of Defense (if the employment covered by CSRS immediately prior to the move was with the Department of Defense) or the Coast Guard (if the employment covered by CSRS immediately prior to the move was with the Coast Guard) may elect to remain covered by CSRS. An employee who elects to remain cov: ered by CSRS under this paragraph will be covered by CSRS (or FERS, if the employee subsequently transfers to FERS under part 846 of this chapter) during all periods of future service not excluded from coverage by CSRS, including any periods of service with an instrumentality described in section 2105(c) of title 5, United States Code. An election under this paragraph is irrevocable when received by the employing agency.

(b) An employee of an instrumentali ty described in section 2105(c) of title 5, United States Code, who is a vested participant in a retirement system established for such employees (as the

term “vested participant” is defined by tablish. An agency decision to grant or that retirement system), who has not to deny a waiver of the time limit is made an election under this section, final and not appealable to OPM. In who has not had an opportunity to establishing procedures for waiver of make an election of retirement cover the time limits, the Departments of age under this paragraph, who moves Defense and Transportation must obwithout a break in service of more serve the following restrictions: than 3 days, to employment covered (1) The time limits may be waived by CSRS in the Department of De- only if the employee acted with due fense (if the employment immediately diligence but was prevented by circumprior to the move was with a nonap- stance beyond his or her control from propriated fund instrumentality of the making an election within the time Department of Defense) or the Coast limit. The Departments of Defense Guard (if the employment immediate and Transportation are responsible for ly prior to the move was with a nonap- determining what constitutes due dilipropriated fund instrumentality of the gence and circumstances beyond the Cost Guard), and who is excluded employee's control. from coverage under FERS by section (2) The procedures must not allow 8402(b) of title 5, United States Code, review under any employee grievance may elect to remain covered by the re- procedures, including those estabtirement system for such employees. lished by chapter 71 of title 5, United An employee who makes an election States Code, and part 771 of title 5, under this paragraph is excluded from Code of Federal Regulations. coverage under CSRS or FERS during (f)(1) When a person eligible to that and all subsequent periods of em- make an election under paragraph (a) ployment, including any periods of or (b) of this section dies before the service as a reemployed annuitant. An time limit (under paragraphs (d) and election under this paragraph is irrev (e) of this section) for making the elecocable when received by the employ

tion expires, the person is deemed to ing agency.

have made the election and to be cov(c) The Department of Defense will ered, at the time of death, by the reestablish procedures for agencies to tirement plan that covered the person withhold and submit retirement con

before the move. tributions to the retirement systems

(2) The deemed election under parafor employees of instrumentalities de

graph (f)(1) of this section does not scribed in section 2105(c) of title 5,

apply if the eligible survivor elects to United States Code, who have elected

have it not apply. An election by the to be covered by a retirement system

survivor to decline the deemed elecfor such employees under paragraph

tion must be in writing and filed no (b) of this section and who are later

later than 30 days after the employing employed by another agency.

agency notifies the survivor of the (d) Except as provided in paragraph

right to decline the deemed election. (e) of this section

(56 FR 4930, Feb. 7, 1991, as amended at 56 (1) If the move causing the opportu

FR 43867, Sept. 5, 1991) nity to make an election under paragraph (a) or paragraph (b) of this section occurs on or after April 7, 1991,

Subpart C-Credit for Service the time limit for making the election is 30 days after the effective date of

8 831.301 Military service. the move.

(a) Service of an individual who first (2) If the move causing the opportu- became an employee or Member under nity to make an election under para- the civil service retirement system graph (a) or paragraph (b) of this sec- before October 1, 1982. A period of tion occurs before April 7, 1991, the honorable active service after Decemtime limit for making the election is ber 31, 1956, in the Army, Navy, May 6, 1991.

Marine Corps, Air Force, or Coast (e) The Departments of Defense and Guard of the United States, or, after Transportation may waive the time June 30, 1960, in the Regular Corps or limits under procedures which they es- Reserve Corps of the Public Health

Service, or, after June 30, 1961, as a commissioned officer of the National Oceanic and Atmospheric Administration (formerly Coast and Geodetic Survey and Environmental Science Services Administration), performed before the date of separation on which civil service annuity entitlement is based shall be included in the computation of the annuity provided

(1) The employee or Member has completed 5 years' (18 months' for survivors of employees or Members who die in service) civilian service;

(2) The employee or Member is not receiving military retired pay awarded for reasons other than (i) service-connected disability incurred in combat with an enemy of the United States, (ii) service-connected disability caused by an instrumentality of war and incurred in line of duty during a period of war (as that term is used in Chapter 11 of Title 38, United States Code), or (iii) under Chapter 67 of Title 10, United States Code; and

(3)(i) The employee, Member, or survivor is not entitled, or upon application would not be entitled, to monthly old-age or survivors benefits under § 202 of the Social Security Act (41 U.S.C. 402) based on the individual's wages or self-employment income, or

(ii) For an employee, Member, or survivor who is entitled, or upon application would be entitled, to monthly old-age or survivors benefits under $ 202 of the Social Security Act (41 U.S.C. 402) based on the individual's wages or self-employment income, the employee, Member, or survivor has completed a deposit in accordance with subpart U of this part, for each full period of such military service performed after December 1956. If a deposit has not been completed, periods of military service performed after December 31, 1956 (other than periods of military service covered by military leave with pay from a civilian position), are excluded from credit from and after the first day of the month in which the individual (or survivor) becomes entitled, or upon proper application would be entitled, to Social Security benefits under $ 202. Military service performed prior to January 1957 is included in the computation of the annuity regardless of

whether a deposit is made for service after December 31, 1956.

(b) Service of an individual who first becomes an employee or Member under the civil service retirement system on or after October 1, 1982. ! period of honorable active service after December 31, 1956, in the Army Navy, Marine Corps, Air Force, or Coast Guard of the United States, or, after June 30, 1960, in the Regular Corps or Reserve Corps of the Public Health Service, or, after June 30, 1961, as a commissioned officer of the Na. tional Oceanic and Atmospheric Administration (formerly Coast and Geodetic Survey and Environmental Science Services Administration), performed before the date of separation on which civil service annuity entitle ment is based shall be included in the computation of the annuity provided

(1) The employee or Member completed 5 years' (18 months' fors: vivors of employees or Members who die in service) civilian service;

(2) The employee or Member is no receiving military retired pay awarded for reasons other than (i) service-connected disability incurred in combat with an enemy of the United States

, (ii) service-connected disability caused by an instrumentality of war and in curred in line of duty during a period of war (as that term is used in Chapter 11 of Title 38, United States Code), of (iii) under Chapter 67 of Title 10, United States Code; and (3) The employee, Member, or survi

. vor had completed a deposit in an amount equal to 7 percent of his of her basic pay under section 204 of title 37, United States Code, (plus interest if any) for each full period of such military service performed after De cember 1956. Military service per formed prior to January 1957 is included in the computation of the ani nuity regardless of whether a deposit is made for service after December 31. 1956.

(c) Military retirees and recipients of Veterans Administration benefits

. An employee or Member applying for an nuity, who otherwise meets all condi. tions for receiving credit for military service, but who is in receipt of retired or retainer pay which bars credit for military service, may elect to waive the

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