§2081 — Title 50 War and National Defense | U.S. Code

Summary

Count a participant’s service time from the day they become a participant. Time away from the Agency and any unpaid leave that totals more than six months in a calendar year do not count as service. But leave while receiving benefits under chapter 81 of title 5 and leave granted for active, honorable military service do count. If someone returns to government work after a break, any part of that break when they were getting benefits under chapter 81 of title 5 is counted. The Director, with the Secretary of State, can list foreign posts that are unhealthful. Each year at one of those posts counts as one and a half years for retirement. Count any partial month as a full month. You cannot get that extra credit if you are paid a differential under section 5925 or 5928 of title 5 for the same service.

Title 50, §2081

War and National Defense — Source: USLM XML via OLRC

(a)(1)For the purposes of this subchapter, the period of service of a participant shall be computed from the date on which the participant becomes a participant under this subchapter.

(2)In computing the period of service of a participant, all periods of separation from the Agency and so much of any leave of absence without pay as may exceed six months in the aggregate in any calendar year shall be excluded, except leaves of absence while receiving benefits under chapter 81 of title 5 and leaves of absence granted participants while performing active and honorable service in the Armed Forces.

(3)A participant or former participant who returns to Government duty after a period of separation shall have included in the participant or former participant’s period of service that part of the period of separation in which the participant or former participant was receiving benefits under chapter 81 of title 5.

(b)(1)The Director may from time to time establish a list of places outside the United States that, by reason of climatic or other extreme conditions, are to be classed as unhealthful posts. Such list shall be established in consultation with the Secretary of State.

(2)Each year of duty at a post on the list established under paragraph (1), inclusive of regular leaves of absence, shall be counted as one and a half years in computing the length of service of a participant under this subchapter for the purpose of retirement. In computing such service, any fractional month shall be treated as a full month.

(3)Extra credit for service at an unhealthful post may not be credited to a participant who is paid a differential under section 5925 or 5928 of title 5 for the same service.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 251 of Pub. L. 88–643, title II, Oct. 13, 1964, 78 Stat. 1050; Pub. L. 94–522, title II, § 210, Oct. 17, 1976, 90 Stat. 2471; Pub. L. 99–169, title VII, § 702, Dec. 4, 1985, 99 Stat. 1008; Pub. L. 99–335, title V, § 501(2), June 6, 1986, 100 Stat. 622, related to computation of length of service and was set out as a note under section 403 of this title prior to the general amendment of Pub. L. 88–643 by section 802 of Pub. L. 102–496.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.

§2081 Computation of length of service