[Code of Federal Regulations]
[Title 5, Volume 2, Parts 700 to 1199]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR842.106]

[Page 266-267]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
          CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (Continued)
 
PART 842--FEDERAL EMPLOYEES RETIREMENT SYSTEM--BASIC ANNUITY--Table of Contents
 
                           Subpart A--Coverage
 
Sec. 842.106  Elections of retirement coverage under the District of Columbia Financial Responsibility and Management Assistance Act of 1995.

    (a) Who may elect--(1) General rule. Any individual appointed by the 
District of Columbia Financial Responsibility and Management Assistance 
Authority (the Authority) in a position not excluded from FERS coverage 
under Sec. 842.105 may elect to be deemed a Federal employee for FERS 
purposes unless the employee has elected to participate in a retirement, 
health or life insurance program offered by the District of Columbia.
    (2) Exception. A former Federal employee being appointed by the 
Authority on or after October 26, 1996, no more than 3 days (not 
counting District of Columbia holidays) after separation from Federal 
employment cannot elect to be deemed a Federal employee for FERS 
purposes unless the election was made before separation from Federal 
employment.
    (b) Procedure for making an election. The Authority or the agency 
providing administrative support services to the Authority 
(Administrative Support Agency) must establish a procedure for notifying 
employees of their election rights and for accepting elections.
    (c) Time limit for making an election. (1) An election under 
paragraph (a)(1) of this section must be made within 30 days after the 
employee received the notice under paragraph (b) of this section.
    (2) The Authority or its Administrative Support Agency will waive 
the time limit under paragraph (c)(1) of this section upon a showing 
that--
    (i) The employee was not advised of the time limit and was not 
otherwise aware of it; or
    (ii) Circumstances beyond the control of the employee prevented him 
or her from making a timely election and the employee thereafter acted 
with due diligence in making the election.
    (d) Effect of an election. (1) An election under paragraph (a) of 
this section is effective on the commencing date of the employee's 
service with the Authority.
    (2) An individual who makes an election under paragraph (a) of this 
section

[[Page 267]]

is ineligible, during the period of employment covered by that election, 
to participate in any retirement system for employees of the government 
of the District of Columbia.
    (e) Irrevocability. An election under paragraph (a) of this section 
becomes irrevocable when received by the Authority or its Administrative 
Support Agency.
    (f) Employee deductions. The Authority or its Administrative Support 
Agency must withhold, from the pay of an employee of the District of 
Columbia Financial Responsibility and Assistance Authority who has 
elected to be deemed a Federal employee for FERS purposes, an amount 
equal to the percentage withheld from Federal employees' pay for periods 
of service covered by FERS and, in accordance with procedures 
established by OPM, pay into the Civil Service Retirement and Disability 
Fund the amounts deducted from an employee's pay.
    (g) Employer contributions. The District of Columbia Financial 
Responsibility and Assistance Authority must, in accordance with 
procedures established by OPM, pay into the Civil Service Retirement and 
Disability Fund amounts equal to any agency contributions required under 
FERS.

[61 FR 58459, Nov. 15, 1996]