[Code of Federal Regulations]
[Title 5, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR842.809]

[Page 316-317]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
          CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (CONTINUED)
 
PART 842--FEDERAL EMPLOYEES RETIREMENT SYSTEM--BASIC ANNUITY--Table of Contents
 
   Subpart H--Law Enforcement Officers, Firefighters, and Air Traffic 
                               Controllers
 
Sec. 842.809  Transitional provisions.

    (a) Any service as an air traffic controller, within the meaning of 
this term under 5 U.S.C. 2109 as in effect on or after January 1, 1987--
even if performed before that date--is included in determining an 
employee's length of air traffic controller service under 5 U.S.C. 
8412(e) for the purposes of retirement eligibility and for mandatory 
separation under 5 U.S.C. 8425(a) as long as the annuity is based on a 
separation from service occurring after 1986.
    (b) Any service as a law enforcement officer or firefighter, within 
the meaning of these terms under 5 U.S.C. 8331 (20) and (21), that was 
performed before the date on which an employee becomes subject to 
chapter 84 of title 5, United States Code, is included in determining 
the employee's length of law enforcement officer and firefighter service 
under 5 U.S.C. 8412(d) for the purposes of retirement eligibility and 
mandatory separation under 5 U.S.C. 8425(b). Service performed as a law 
enforcement officer or firefighter within the meaning of 5 U.S.C. 8331, 
other than service in a supervisory or administrative position, is 
considered to be service in a rigorous position for the purpose of the 
3-year requirement of Sec. 842.803(b)(1)(ii). The FERS definitions of 
firefighter under 5 U.S.C. 8401(14) and law enforcement officer under 5 
U.S.C. 8401(17) are not applicable to service performed--
    (1) Before 1987; or
    (2) After 1986 and before an employee first becomes subject to 
chapter 84 (that is, subject to FERS deductions), unless that service 
was neither subject to CSRS deductions nor creditable in a CSRS 
component as described in Sec. 846.304(b).
    (c)(1) An individual who--
    (i) Is covered as a law enforcement officer or firefighter under 5 
U.S.C. 8336(c) in a supervisory or administrative position, having 
already met the transfer requirement of subpart I of part 831 of this 
chapter; and
    (ii) Elects under section 301 of Pub. L. 99-335 to become subject to 
chapter 84 of such title and begins service in a secondary position with 
no break in service is considered to have met the transfer and 3-year 
requirements of Secs. 842.803(b)(1)(i) and (ii) for coverage in a 
secondary position upon the effective date of the election.
    (2) An individual who--
    (i) Is covered as a law enforcement officer or firefighter under 5 
U.S.C. 8336(c) in a supervisory or administrative position, having 
already met the transfer requirement of subpart I of part 831 of this 
chapter; and
    (ii) Automatically becomes subject to chapter 84 of title 5 of the 
United States Code (not by election under section 301 of Pub. L. 99-335) 
serving in a secondary position is considered to have met the 3-year 
requirement of Sec. 842.803(b)(1)(ii) for coverage in a secondary 
position. The employee is not covered as a law enforcement officer or 
firefighter in a secondary position if he or she had a break in coverage 
as a law enforcement officer or firefighter (within the meaning of 5 
U.S.C. 8331) exceeding 3 days immediately before becoming subject to 
chapter 84 of title 5 of United States Code. However, a break in 
coverage in supervisory or administrative positions occurring before the 
individual becomes subject to such chapter 84 that began with an 
involuntary separation (not for cause), within the meaning of 5 U.S.C. 
8414(b)(1)(A), is not considered to be a break in service for this 
purpose.

[[Page 317]]

    (d) (1) The CSRS definitions of law enforcement officer under 5 
U.S.C. 8331(20) and firefighter under 5 U.S.C. 8331(21) are applicable 
to service performed before an employee became subject to chapter 84 if 
the service was--
    (i) Subject to CSRS deductions at the time it was performed 
(including service that becomes creditable under FERS annuity 
computation rules);
    (ii) Performed before 1987 and not subject to retirement deductions; 
or
    (iii) Performed after 1986 and not subject to retirement deductions 
but is creditable in a CSRS component as described in Sec. 846.304(b).
    (2) The determination of whether any service meets the CSRS 
definitions of law enforcement officer under 5 U.S.C. 8331 (20) or 
firefighter under 5 U.S.C. 8331(21) must be made in accordance with the 
provisions of subpart I of part 831 of this chapter.

[52 FR 2069, Jan. 16, 1987, as amended at 57 FR 32691, July 23, 1992]

             Regulations Pertaining to Noncodified Statutes