PUBLIC LAW 102-496—OCT. 24, 1992 106 STAT. 3243 "TITLE in—PARTICIPATION IN THE FEDERAL EMPLOYEES' RETIREMENT SYSTEM
- «£€. 801. APPLICATION OF FEDERAL EMPLOYEES' RETIREMENT SYS- 50 USC 2151.
TEM TO AGENCY EMPLOYEES. "(a) GENERAL RULE.— Except as provided in subsections (b) and (c), all employees of the Agency, any of whose service after December 31, 1983, is employment for the purpose of title II of the Social Security Act and chapter 21 of the Internal Revenue Code of 1954, shall be subject to chapter 84 of title 5, United States Code.
- (b) EXCEPTION FOR PRE-1984 EMPLOYEES.— Participants in the
Central Intelligence Agency Retirement and Disability System who were participants in such system on or before December 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, United States Code, without regard to whether they are subject to title II of the Social Security Ad. "(c) NONAPPUCABILITY OF FERS TO CERTAIN EMPLOYEES.— "(1) The provisions of chapter 84 of title 5, United States Code, 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 title II of this Act; and "(B) any employee of the Agency having at least 5 years of civilian service which was performed before January 1, 1987, and is creditable under title II of this Act (determined without regard to any deposit or redeposit requirement under subchapter III of chapter 83 of title 5, United States Code, or under title II of this Act, or any requirement that the individual become subject to such subchaiJter or to title II of this Act after performing the service involved). "(2) Paragraph (1) shall not apply with re8pect to an individual who has elected under regulations prescribed under section 307 to become subject to chapter 84 of title 5, United States Code, 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, United States Code. "(d) ELECTION TO BECOME SUBJECT TO FERS. — An employee who is designated as a participant in the Central Intelligence Agency Retirement and Disability System after December 31, 1987, pursuant to section 203 may elect to become subject to chapter 84 of title 5, United States Code. Such election— "(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 election; and "(3) snail be irrevocable.
- (e) SPECIAL RULES. —The application of the provisions of chapter 84 of title 5, United States Code, to an employee referred
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