(12) Employees serving under nonpermanent appointments made pursuant to section 1 of Executive Order 10180 of November 13, 1950. (13) Employees serving under nonpermanent appointments, designated as indefinite, made after January 23, 1955, the effective date of the repeal of Executive Order 10180. (14) Employees serving under term appointments. (15) Temporary employees of the Census Bureau employed under temporary limited appointments exceeding 1 year. (16) Employees serving under limited term, limited emergency and noncareer (designated as indefinite) appointments in the Senior Executive Service. (17) Health care employees of the National Health Service Corps serving under appointments limited to four years or less in health manpower shortage areas. (b) Paragraph (a) 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, except in the case of an alien employee whose duty station is located in a foreign country; or (2) The employee receives a career career-conditional appointment under part 315 of this chapter; (3) The employee is granted competitive status under legislation, Executive order, or civil service rules and regulations, while he or she is serving in a position in the competitive service; or (4) The employee is granted merit status under 35 CFR chapter I, subchapter E; (5) The appointment meets the definition of a provisional appointment contained in §§ 316.401 and 316.403 of this chapter. (c) Members of the following boards and commissions of the government of the District of Columbia appointed on or after August 13, 1960, are excluded from subchapter III of chapter 83 of title 5, United States Code, except that this exclusion does not operate in the case of a member serving on August 13, 1960, who is reappointed on expiration of term without a break in service or after a separation from serwice of 3 days or less: Board of Accountancy. Board of Examiners and Registrars of Architects. Board of Barber Examiners. Board of Dental Examiners. Commission on Licensure to Practice the Healing Arts. Board of Examiners in the Basic Sciences. Board of Examiners in Medicine and Osteopathy. Motion Picture Operators' Board. Board of Optometry. Board of Pharmacy. Board of Podiatry Examiners. Board of Registration for Professional Engineers. Real Estate Commission. Refrigeration and Air Conditioning Board. Steam and Other Operating Engineers' Board. Undertakers' Committee. Board of Examiners of Veterinarian Medicine. (d) The following groups of employees of the government of the District of Columbia, appointed on or after October 1, 1965, 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 temporary teachers of the District of Columbia public school system. (2) Intermittent employees-nonfull-time employees without a prearranged regular tour of duty. (3) Employees whose pay on an annual basis is $12.00 per year or less. (4) Patient or inmate employees in District Government hospitals, homes or penal institutions. (5) Employees paid on a contract or fee basis. (6) Employees paid on a piecework basis, except those whose work schedule provides for regular or full-time service. (7) Employees serving under temporary appointments pending establishment of registers, or pending final determination of eligibility for permanent 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] § 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 required if the individual were a Congressional 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] § 831.203 Continuation of coverage for employees of the Metropolitan Washington Airports Authority. or (a) Permanent Federal Aviation Administration employees assigned to Washington National Airport 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. (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 sick leave in his or her annuity computation. 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] § 831.204 Elections of retirement coverage under the Portability of Benefits for Nonappropriated Fund Employees Act of 1990. (a) An employee of the Department of Defense or the Coast Guard who has 5 years of civilian service creditable 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 covered 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 instrumentality 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 that retirement system), 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, who moves without a break in service of more than 3 days, to employment covered by CSRS in the Department of Defense (if the employment immediately prior to the move was with a nonappropriated fund instrumentality of the Department of Defense) or the Coast Guard (if the employment immediately prior to the move was with a nonappropriated fund instrumentality of the Cost Guard), and who is excluded from coverage under FERS by section 8402(b) of title 5, United States Code, may elect to remain covered by the retirement system for such employees. An employee who makes an election under this paragraph is excluded from coverage under CSRS or FERS during that and all subsequent periods of employment, including any periods of service as a reemployed annuitant. An election under this paragraph is irrevocable when received by the employing agency. (c) The Department of Defense will establish procedures for agencies to withhold and submit retirement contributions to the retirement systems for employees of instrumentalities described in section 2105(c) of title 5, United States Code, who have elected to be covered by a retirement system for such employees under paragraph (b) of this section and who are later employed by another agency. (d) Except as provided in paragraph (e) of this section (1) If the move causing the opportunity to make an election under paragraph (a) or paragraph (b) of this section occurs on or after April 7, 1991, the time limit for making the election is 30 days after the effective date of the move. (2) If the move causing the opportunity to make an election under paragraph (a) or paragraph (b) of this section occurs before April 7, 1991, the time limit for making the election is May 6, 1991. (e) The Departments of Defense and Transportation may waive the time limits under procedures which they es tablish. An agency decision to grant or to deny a waiver of the time limit is final and not appealable to OPM. In establishing procedures for waiver of the time limits, the Departments of Defense and Transportation must observe the following restrictions: (1) The time limits may be waived only if the employee acted with due diligence but was prevented by circumstance beyond his or her control from making an election within the time limit. The Departments of Defense and Transportation are responsible for determining what constitutes due diligence and circumstances beyond the employee's control. (2) The procedures must not allow review under any employee grievance procedures, including those established by chapter 71 of title 5, United States Code, and part 771 of title 5, Code of Federal Regulations. (f)(1) When a person eligible to make an election under paragraph (a) or (b) of this section dies before the time limit (under paragraphs (d) and (e) of this section) for making the election expires, the person is deemed to have made the election and to be covered, at the time of death, by the retirement plan that covered the person before the move. (2) The deemed election under paragraph (f)(1) of this section does not apply if the eligible survivor elects to have it not apply. An election by the survivor to decline the deemed election must be in writing and filed no later than 30 days after the employing agency notifies the survivor of the right to decline the deemed election. [56 FR 4930, Feb. 7, 1991, as amended at 56 FR 43867, Sept. 5, 1991] 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. A 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 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) The employee, Member, or survivor had completed a deposit in an amount equal to 7 percent of his or 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 December 1956. 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. (c) Military retirees and recipients of Veterans Administration benefits. An employee or Member applying for annuity, who otherwise meets all conditions 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 |