[Code of Federal Regulations]
[Title 5, Volume 2]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR846.302]

[Page 361-362]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
          CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (Continued)
 
PART 846--FEDERAL EMPLOYEES RETIREMENT SYSTEM--ELECTIONS OF COVERAGE--Table of Contents
 
       Subpart C--Effect of an Election to Become Subject to FERS
 
Sec. 846.302  Crediting civilian service.

    (a) Civilian service performed before the effective date of FERS 
coverage which is CSRS/SS service is creditable under FERS if--
    (1) For service performed before January 1, 1987, 1.3 percent of 
basic pay was withheld as CSRS deductions (or if not withheld or if 
withheld and later refunded, 1.3 percent of basic pay for the period is 
deposited with interest computed under Sec. 831.105(e) of this chapter); 
and
    (2) For service performed after December 31, 1986, and before the 
effective date of the election, the employee contributes an amount equal 
to the percentage of basic pay for such service required to be withheld 
under part 841, subpart E of this chapter, whether by withholdings from 
pay or by later deposit (if not withheld or withheld and later refunded) 
with interest computed under Sec. 831.105(e) of this chapter.
    (b) Civilian service performed before the effective date of the FERS 
coverage which is not CSRS/SS service is creditable under FERS (subject 
to the deposit requirements of part 842, subpart C of this chapter) if--
    (1) The service would be creditable under CSRS except for 
Sec. 846.306 (determined without regard to whether the service was 
performed before, on, or

[[Page 362]]

after January 1, 1989, and without regard to the provisions of part 842, 
subpart C of this chapter requiring that deposit be made for 
nondeduction or refunded service to be credited); and
    (2) The service, in the aggregate, is equal to less than 5 years.
    (c) Civilian service performed before the effective date of FERS 
coverage which is not CSRS/SS service is creditable under FERS only for 
the purposes specified in paragraph (d) of this section if--
    (1) The service would be creditable under CSRS except for 
Sec. 846.306 (determined without regard to whether the service was 
performed before, on, or after January 1, 1989, and without regard to 
the provisions of part 842, subpart C of this chapter, requiring that 
deposit be made for nondeduction or refunded service to be credited); 
and
    (2) The service, in the aggregate, is equal to 5 years or more.
    (d) The service described in paragraph (c) of this section is 
creditable under FERS for the following purposes:
    (1) The 5 years of civilian service required to be eligible for a 
basic annuity under FERS as set forth in Sec. 842.203 of this chapter.
    (2) The minimum period of service for entitlement to--
    (i) An immediate voluntary annuity under FERS as set forth in 
Sec. 842.204 of this chapter;
    (ii) An early retirement under FERS as set forth in Sec. 842.205 of 
this chapter;
    (iii) An involuntary retirement under FERS as set forth in 
Sec. 842.206 of this chapter;
    (iv) A Member retirement under FERS as set forth in Sec. 842.209 of 
this chapter;
    (v) A military reserve technician retirement under FERS as set forth 
in Sec. 842.210 of this chapter;
    (vi) A Senior Executive Service, Defense Intelligence Senior 
Executive Service, or Senior Cryptological Executive Service retirement 
under FERS as set forth under Sec. 842.211 of this chapter;
    (vii) A deferred annuity under FERS as set forth in Sec. 842.212 of 
this chapter;
    (viii) A survivor annuity under FERS based on the death in service 
of an employee with at least 10 years of service as set forth in 
Sec. 843.310 of this chapter, but only if the survivor is entitled to 
the basic employee death benefit described in Sec. 843.309 of this 
chapter;
    (ix) A disability retirement under FERS as set forth in subchapter V 
of chapter 84 of title 5 United States Code;
    (x) A firefighter or law enforcement annuity under FERS as set forth 
in Sec. 842.208 of this chapter, but only to the extent that the service 
was as a law enforcement officer or firefighter as described in 
Sec. 842.809(b) of this chapter;
    (xi) An air traffic controller annuity under FERS as set forth in 
Sec. 842.207 of this chapter, but only to the extent that the service 
was as an air traffic controller as described in Sec. 842.809(a) of this 
chapter;
    (3) The computation of benefits under Sec. 846.304(b); and
    (4) The computation of average salary under Sec. 846.304(d).