50 U.S.C. § 2151 — Application of Federal Employees’ Retire-

Page 364 TITLE 50—WAR AND NATIONAL DEFENSE § 2144 chapter (including any survivor benefits under this subchapter) based on the service of the par- ticipant creditable under this subchapter. (b) Basis for alternative forms of annuity The regulations and alternative forms of an- nuity shall, to the maximum extent practicable, meet the requirements prescribed in section 8343a of title 5. (c) Lump-sum credit Any lump-sum credit provided pursuant to an election under subsection (a) shall not preclude an individual from receiving other benefits pro- vided under that subsection. (d) Submission of regulations to congressional intelligence committees The Director shall submit the regulations pre- scribed under subsection (a) to the congressional intelligence committees before the regulations take effect. (Pub. L. 88–643, title II, § 294, as added Pub. L. 102–496, title VIII, § 802, Oct. 24, 1992, 106 Stat. 3242; amended Pub. L. 103–66, title XI, § 11002(c), Aug. 10, 1993, 107 Stat. 409.) Editorial Notes PRIOR PROVISIONS A prior section 294 of Pub. L. 88–643, as added Pub. L. 99–335, title V, § 505, June 6, 1986, 100 Stat. 624, related to alternative forms of annuities and was set out as a note under section 403 of this title prior to the general amendment of Pub. L. 88–643 by section 802 of Pub. L. 102–496. AMENDMENTS 1993—Subsec. (a). Pub. L. 103–66 substituted ‘‘any par- ticipant who has a life-threatening affliction or other critical medical condition’’ for ‘‘a participant’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1993 AMENDMENT Amendment by Pub. L. 103–66 effective Oct. 1, 1994, and applicable with respect to any annuity com- mencing on or after that date, see section 11002(d) of Pub. L. 103–66, set out as a note under section 8343a of Title 5, Government Organization and Employees. EFFECTIVE DATE Section effective on first day of fourth month begin- ning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title. § 2144. Payments from CIARDS fund for portions of certain Civil Service Retirement System annuities The amount of the increase in any annuity that results from the application of section 3518 of this title, if and when such increase is based on an individual’s overseas service as an em- ployee of the Central Intelligence Agency, shall be paid from the fund. (Pub. L. 88–643, title II, § 295, as added Pub. L. 102–496, title VIII, § 802, Oct. 24, 1992, 106 Stat. 3242.) Editorial Notes PRIOR PROVISIONS A prior section 295 of Pub. L. 88–643, as added Pub. L. 101–193, title III, § 307(b), Nov. 30, 1989, 103 Stat. 1707, re- lated to payments from CIARDS fund for portions of certain Civil Service Retirement System annuities and was set out as a note under section 403 of this title prior to the general amendment of Pub. L. 88–643 by section 802 of Pub. L. 102–496. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on first day of fourth month begin- ning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title. SUBCHAPTER III—PARTICIPATION IN FED- ERAL EMPLOYEES’ RETIREMENT SYS- TEM § 2151. Application of Federal Employees’ Retire- ment System to Agency employees (a) General rule Except as provided in subsections (b) and (c), all employees of the Agency, any of whose serv- ice after December 31, 1983, is employment for the purpose of title II of the Social Security Act [42 U.S.C. 401 et seq.] and chapter 21 of title 26, shall be subject to chapter 84 of title 5. (b) Exception for pre-1984 employees Participants in the Central Intelligence Agen- cy Retirement and Disability System who were participants in such system on or before Decem- ber 31, 1983, and who have not had a break in service in excess of one year since that date, are not subject to chapter 84 of title 5 without re- gard to whether they are subject to title II of the Social Security Act [42 U.S.C. 401 et seq.]. (c) Nonapplicability of FERS to certain employ- ees (1) The provisions of chapter 84 of title 5 shall not apply with respect to— (A) any individual who separates, or who has separated, from Federal Government service after having been an employee of the Agency subject to subchapter II of this chapter; and (B) any employee of the Agency having at least 5 years of civilian service which was per- formed before January 1, 1987, and is cred- itable under subchapter II of this chapter (de- termined without regard to any deposit or re- deposit requirement under subchapter III of chapter 83 of title 5, or under subchapter II of this chapter, or any requirement that the indi- vidual become subject to such subchapter or to subchapter II of this chapter after per- forming the service involved). (2) Paragraph (1) shall not apply with respect to an individual who has elected under regula- tions prescribed under section 2157 of this title to become subject to chapter 84 of title 5 to the extent provided in such regulations. (3) An individual described in paragraph (1) shall be deemed to be an individual excluded under section 8402(b)(2) of title 5. (d) Election to become subject to FERS An employee who is designated as a partici- pant in the Central Intelligence Agency Retire- ment and Disability System after December 31, 1987, pursuant to section 2013 of this title may elect to become subject to chapter 84 of title 5. Such election— Page 365 TITLE 50—WAR AND NATIONAL DEFENSE § 2152 (1) shall not be effective unless it is made during the six-month period beginning on the date on which the employee is so designated; (2) shall take effect beginning with the first pay period beginning after the date of the elec- tion; and (3) shall be irrevocable. (e) Special rules The application of the provisions of chapter 84 of title 5 to an employee referred to in sub- section (a) shall be subject to the exceptions and special rules provided in this subchapter. Any provision of that chapter which is inconsistent with a special rule provided in this subchapter shall not apply to such employees. (Pub. L. 88–643, title III, § 301, as added Pub. L. 102–496, title VIII, § 802, Oct. 24, 1992, 106 Stat. 3243.) Editorial Notes REFERENCES IN TEXT The Social Security Act, referred to in subsecs. (a) and (b), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title II of the Act is classified generally to subchapter II (§ 401 et seq.) of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables. PRIOR PROVISIONS A prior section 301 of Pub. L. 88–643, as added Pub. L. 99–335, title V, § 506, June 6, 1986, 100 Stat. 624; amended Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 100–453, title V, § 502, Sept. 29, 1988, 102 Stat. 1909, re- lated to application of Federal Employees’ Retirement System to Agency employees and was set out as a note under section 403 of this title prior to the general amendment of Pub. L. 88–643 by section 802 of Pub. L. 102–496. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on first day of fourth month begin- ning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title. § 2152. Special rules relating to section 2013 cri- teria employees (a) In general Except as otherwise provided in this section, in the application of chapter 84 of title 5 to an employee of the Agency who is subject to such chapter and is designated by the Director under the criteria prescribed in section 2013 of this title, such employee shall be treated for pur- poses of determining such employee’s retire- ment benefits and obligations under such chap- ter as if the employee were a law enforcement officer (as defined in section 8401(17) of title 5). (b) Voluntary and mandatory retirement The provisions of sections 2053 and 2055 of this title shall apply to employees referred to in sub- section (a), except that the retirement benefits shall be determined under chapter 84 of title 5. (c) Recall (1) Except as provided in paragraph (2), section 2111 of this title shall apply to an employee re- ferred to in subsection (a). (2) Contributions during recall service shall be made as provided in section 8422 of title 5. (3) When an employee recalled under this sub- section reverts to a retired status, the annuity of such employee shall be redetermined under the provisions of chapter 84 of title 5. (d) Employees disabled on duty (1) Definitions In this subsection— (A) the term ‘‘affected employee’’ means an employee of the Agency covered under subchapter II of chapter 84 of title 5 who— (i) is performing service in a position designated under subsection (a); (ii) while on duty in the position des- ignated under subsection (a), becomes ill or is injured as a direct result of the per- formance of such duties before the date on which the employee becomes entitled to an annuity under section 2053 of this title or section 8412(d)(1) of title 5; (iii) because of the illness or injury de- scribed in clause (ii), is permanently un- able to render useful and efficient service in the employee’s covered position, as de- termined by the Director; and (iv) is appointed to a position in the civil service that is not a covered position but is within the Agency; and (B) the term ‘‘covered position’’ means a position as— (i) a law enforcement officer described in section 8331(20) or 8401(17) of title 5; (ii) a customs and border protection offi- cer described in section 8331(31) or 8401(36) of title 5; (iii) a firefighter described in section 8331(21) or 8401(14) of title 5; (iv) an air traffic controller described in section 8331(30) or 8401(35) of title 5; (v) a nuclear materials courier described in section 8331(27) or 8401(33) of title 5; (vi) a member of the United States Cap- itol Police; (vii) a member of the Supreme Court Po- lice; (viii) an affected employee; or (ix) a special agent described in section 4044(15) of title 22. (2) Treatment of service after disability Unless an affected employee files an election described in paragraph (3), creditable service by the affected employee in a position de- scribed in paragraph (1)(A)(iv) shall be treated as creditable service in a covered position for purposes of this chapter and chapter 84 of title 5, including eligibility for an annuity under section 2053 of this title or 8412(d)(1) of title 5 and determining the amount to be deducted and withheld from the pay of the affected em- ployee under section 8422 of title 5. (3) Break in service Paragraph (2) shall only apply if the affected employee transitions to a position described in paragraph (1)(A)(iv) without a break in service exceeding 3 days. (4) Limitation on treatment of service The service of an affected employee shall no longer be eligible for treatment under para- graph (2) if such service occurs after the em-