[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: 5CFR846.303]

[Page 362-363]
 
                    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. 846.303  Crediting military service.

    (a) Military service performed before the effective date of the 
election under Sec. 846.201 creditable as provided under FERS, except as 
provided in paragraphs (b) and (c) of this section.
    (b) Military service described in paragraph (a) of this section 
which would be creditable under CSRS except for the provisions of 
Sec. 846.306 and performed by an individual who is subject to an annuity 
computation under Sec. 846.304(b) is creditable for--
    (1) The minimum period for entitlement to an annuity under FERS 
based on--
    (i) The immediate voluntary retirement provisions under Sec. 842.204 
of this chapter;
    (ii) The early retirement provisions under Sec. 842.205 of this 
chapter;
    (iii) The involuntary retirement provisions under Sec. 842.206 of 
this chapter;
    (iv) The Member retirement provisions under Sec. 842.209 of this 
chapter;
    (v) The military reserve technician retirement provisions under 
Sec. 842.210 of this chapter;
    (vi) The Senior Executive Service, Defense Intelligence Senior 
Executive Service, or the Senior Cryptological Executive Service 
retirement provisions under Sec. 842.211 of this chapter; or
    (vii) The deferred retirement provisions under Sec. 842.212 of this 
chapter.

[[Page 363]]

    (2) Computation of benefits under Sec. 846.304(b).
    (c) If the effective date of the election of FERS by an individual 
who is subject to annuity computation under Sec. 846.304(b) occurs when 
the individual is in non-pay status and is performing active military 
service, benefits for the military service performed before the 
effective date of the election are computed under CSRS, and benefits for 
the military service performed after the effective date are computed 
under FERS. The period of military service is considered to be two 
separate full periods of service, one ending the day before the 
effective date of FERS and one beginning on the effective date of FERS. 
The deposit for the period of service before the effective date of FERS 
coverage is computed under CSRS provisions set forth in part 831, 
subpart U of this chapter. The deposit for the period of service 
beginning on the effective date of FERS coverage is computed under FERS 
provisions set forth in part 842, subpart C of this chapter.