§2082 — Title 50 War and National Defense | U.S. Code

Summary

Allows a participant to count earlier federal civilian work and honorable military service toward their retirement if certain rules are met. Civilian time before joining the system can count if it would be creditable under the regular federal retirement rules. Military time can count if it was honorable active service, including some Public Health Service and NOAA officer service after the dates in law. Time after October 1, 1982, is not counted if retirement deductions were not taken. Any period for which you got a refund or for which contributions were not transferred is excluded unless you redeposit the money with interest. If you did not make a required deposit for civilian service done before October 1, 1982, your annuity is reduced by 10 percent of the unpaid deposit unless you drop that service from your annuity calculation. When you move between federal retirement systems, the government and employee contributions (with interest) move with you and that transfer closes out claims against the old fund. You can apply before leaving to get credit for military service if a deposit was not already made or transferred. People who first became federal employees before October 1, 1982, generally get credit for military service before their separation; those who became federal employees on or after that date get credit automatically only for service before January 1, 1957, and must make a deposit for later service. If you receive military retired pay for a period of service, you usually cannot also get credit for that same military time unless the retired pay is for certain service-connected disabilities or under a specific retirement chapter. Some military service after December 1956 may be excluded if you or your survivors are eligible for Social Security based on your earnings; if not excluded, the annuity may be redetermined when someone reaches age 62. Survivors may make deposits too. To buy back military time you generally pay 7 percent of the basic pay for that service (7.25 percent for 1999 and 7.4 percent for 2000); payments are based on proof or estimates of pay and are deposited into the retirement fund.

Title 50, §2082

War and National Defense — Source: USLM XML via OLRC

(a)A participant may, subject to the provisions of this section, include in the participant’s period of service—

(1)civilian service in the Government before becoming a participant that would be creditable toward retirement under subchapter III of chapter 83 of title 5 (as determined under section 8332(b) of such title); and

(2)honorable active service in the Armed Forces before the date of the separation upon which eligibility for an annuity is based, or honorable active service in the Regular or Reserve Corps 11 See Change of Name note below. of the Public Health Service after June 30, 1960, or as a commissioned officer of the National Oceanic and Atmospheric Administration after June 30, 1961.

(b)(1)Except as provided in paragraphs (2) and (3), the total service of any participant shall exclude—

(A)any period of civilian service on or after October 1, 1982, for which retirement deductions or deposits have not been made,

(B)any period of service for which a refund of contributions has been made, or

(C)any period of service for which contributions were not transferred pursuant to subsection (c)(1);

(2)If a participant has not paid a deposit for civilian service performed before October 1, 1982, for which retirement deductions were not made, such participant’s annuity shall be reduced by 10 percent of the deposit described in paragraph (1) remaining unpaid, unless the participant elects to eliminate the service involved for the purpose of the annuity computation.

(3)A participant who received a refund of retirement contributions under this or any other retirement system for Government employees covering service for which the participant may be allowed credit under this subchapter may deposit the amount received, with interest computed under paragraph (1). Credit may not be allowed for the service covered by the refund until the deposit is made, except that a participant who—

(A)separated from Government service before March 31, 1991, and received a refund of the participant’s retirement contributions covering a period of service ending before March 31, 1991;

(B)is entitled to an annuity under this subchapter (other than a disability annuity) which commences after December 1, 1992; and

(C)does not make the deposit required to receive credit for the service covered by the refund;

(4)Credit toward retirement under the system shall not be allowed for any period of civilian service on the basis of which the participant is receiving (or will in the future be entitled to receive) an annuity under another retirement system for Government employees, unless the right to such annuity is waived and a deposit is made under paragraph (1) covering that period of service, or a transfer is made pursuant to subsection (c).

(c)(1)If an employee who is under another retirement system for Government employees becomes a participant in the system by direct transfer, the Government’s contributions (including interest accrued thereon computed in accordance with section 8334(e) of title 5) under such retirement system on behalf of the employee as well as such employee’s total contributions and deposits (including interest accrued thereon), except voluntary contributions, shall be transferred to the employee’s credit in the fund effective as of the date such employee becomes a participant in the system.

(2)Each such employee shall be deemed to consent to the transfer of such funds, and such transfer shall be a complete discharge and acquittance of all claims and demands against the other Government retirement fund on account of service rendered before becoming a participant in the system.

(3)A participant whose contributions are transferred pursuant to paragraph (1) shall not be required to make additional contributions for periods of service for which full contributions were made to the other Government retirement fund, nor shall any refund be made to any such participant on account of contributions made during any period to the other Government retirement fund at a higher rate than that fixed for employees by section 8334(c) of title 5 for contributions to the fund.

(d)(1)If a participant in the system becomes an employee under another Government retirement system by direct transfer to employment covered by such system, the Government’s contributions (including interest accrued thereon computed in accordance with section 8334(e) of title 5) to the fund on the participant’s behalf as well as the participant’s total contributions and deposits (including interest accrued thereon), except voluntary contributions, shall be transferred to the participant’s credit in the fund of such other retirement system effective as of the date on which the participant becomes eligible to participate in such other retirement system.

(2)Each such employee shall be deemed to consent to the transfer of such funds, and such transfer shall be a complete discharge and acquittance of all claims and demands against the fund on account of service rendered before the participant’s becoming eligible for participation in that other system.

(e)(1)If a deposit required to obtain credit for prior military service described in subsection (a)(2) was not made to another Government retirement fund and transferred under subsection (c)(1), the participant may obtain credit for such military service, subject to the provisions of this subsection and subsections (f) through (h), by applying for it to the Director before retirement or separation from the Agency.

(2)Except as provided in paragraph (3)—

(A)the service of a participant who first became a Federal employee before October 1, 1982, shall include credit for each period of military service performed before the date of separation on which entitlement to an annuity under this subchapter is based, subject to subsection (f); and

(B)the service of a participant who first becomes a Federal employee on or after October 1, 1982, shall include credit for—

(i)each period of military service performed before January 1, 1957, and

(ii)each period of military service performed after December 31, 1956, and before the separation on which entitlement to an annuity under this subchapter is based, only if a deposit (with interest, if any) is made with respect to that period, as provided in subsection (h).

(3)In the case of a participant who is entitled to retired pay based on a period of military service, the participant’s service may not include credit for such period of military service unless the retired pay is paid—

(A)on account of a service-connected disability—

(i)incurred in combat with an enemy of the United States; or

(ii)caused by an instrumentality of war and incurred in the line of duty during a period of war (as defined in section 1101 of title 38); or

(B)under chapter 67 22 See References in Text note below. of title 10.

(4)Notwithstanding paragraph (3), the survivor annuity of a survivor of a participant—

(A)who was awarded retired pay based on any period of military service, and

(B)whose death occurs before separation from the Agency,

(f)(1)Notwithstanding any other provision of this section (except paragraph (3) of this subsection) or section 2083 of this title, any military service (other than military service covered by military leave with pay from a civilian position) performed by a participant after December 1956 shall be excluded in determining the aggregate period of service on which an annuity payable under this subchapter to such participant or to the participant’s spouse, former spouse, previous spouse, or child is based, if such participant, spouse, former spouse, previous spouse, or child is entitled (or would upon proper application be entitled), at the time of such determination, to monthly old-age or survivors’ insurance benefits under section 402 of title 42, based on such participant’s wages and self-employment income. If the military service is not excluded under the preceding sentence, but upon attaining age 62, the participant or spouse, former spouse, or previous spouse becomes entitled (or would upon proper application be entitled) to such benefits, the aggregate period of service on which the annuity is based shall be redetermined, effective as of the first day of the month in which the participant or spouse, former spouse, or previous spouse attains age 62, so as to exclude such service.

(2)The provisions of paragraph (1) relating to credit for military service do not apply to—

(A)any period of military service of a participant with respect to which the participant has made a deposit with interest, if any, under subsection (h); or

(B)the military service of any participant described in subsection (e)(2)(B).

(3)(A)The annuity recomputation required by paragraph (1) shall not apply to any participant who was entitled to an annuity under this subchapter on or before September 8, 1982, or who is entitled to a deferred annuity based on separation from the Agency occurring on or before such date. Instead of an annuity recomputation, the annuity of such participant shall be reduced at age 62 by an amount equal to a fraction of the participant’s old-age or survivors’ insurance benefits under section 402 of title 42. The reduction shall be determined by multiplying the participant’s monthly Social Security benefit by a fraction, the numerator of which is the participant’s total military wages and deemed additional wages (within the meaning of section 429 of title 42) that were subject to Social Security deductions and the denominator of which is the total of all the participant’s wages, including military wages, and all self-employment income that were subject to Social Security deductions before the calendar year in which the determination month occurs.

(B)The reduction determined in accordance with subparagraph (A) shall not be greater than the reduction that would be required under paragraph (1) if such paragraph applied to the participant. The new formula shall be applicable to any annuity payment payable after October 1, 1982, including annuity payments to participants who had previously reached age 62 and whose annuities had already been recomputed.

(C)For purposes of this paragraph, the term “determination month” means—

(i)the first month for which the participant is entitled to old-age or survivors’ insurance benefits (or would be entitled to such benefits upon application therefor); or

(ii)October 1982, in the case of any participant entitled to such benefits for that month.

(g)For the purpose of survivor annuities, deposits authorized by subsections (b) and (h) may also be made by the survivor of a participant.

(h)(1)(A)Each participant who has performed military service before the date of separation on which entitlement to an annuity under this subchapter is based may pay to the Agency an amount equal to 7 percent of the amount of basic pay paid under section 204 of title 37 to the participant for each period of military service after December 1956; except, the amount to be paid for military service performed beginning on January 1, 1999, through December 31, 2000, shall be as follows: 7.25 percent of basic payJanuary 1, 1999, to December 31, 1999. 7.4 percent of basic payJanuary 1, 2000, to December 31, 2000.

(B)The amount of such payments shall be based on such evidence of basic pay for military service as the participant may provide or, if the Director determines sufficient evidence has not been provided to adequately determine basic pay for military service, such payment shall be based upon estimates of such basic pay provided to the Director under paragraph (4).

(2)Any deposit made under paragraph (1) more than two years after the later of—

(A)October 1, 1983, or

(B)the date on which the participant making the deposit first becomes an employee of the Federal Government,

(3)Any payment received by the Director under this subsection shall be deposited in the Treasury of the United States to the credit of the fund.

(4)The provisions of section 2031(l) of this title shall apply with respect to such information as the Director determines to be necessary for the administration of this subsection in the same manner that such section applies concerning information described in that section.

Notes & Related Subsidiaries

Editorial Notes

References in Text

Chapter 67 of title 10, referred to in subsec. (e)(3)(B), was transferred to part II of subtitle E of Title 10, Armed Forces, renumbered as chapter 1223, and amended generally by Pub. L. 103–337, div. A, title XVI, § 1662(j)(1), Oct. 5, 1994, 108 Stat. 2998. A new chapter 67 (§ 1331) of Title 10 was added by section 1662(j)(7) of Pub. L. 103–337.

Prior Provisions

A prior section 252 of Pub. L. 88–643, title II, Oct. 13, 1964, 78 Stat. 1050; Pub. L. 91–626, §§ 5, 6, Dec. 31, 1970, 84 Stat. 1872; Pub. L. 94–522, title II, § 211, Oct. 17, 1976, 90 Stat. 2471; Ex. Ord. No. 12443, §§ 9–11, 15, Sept. 27, 1983, 48 F.R. 44753, 44755; Ex. Ord. No. 12485,

July 13, 1984, 49 F.R. 28827; Pub. L. 99–335, title V, § 501(2),

June 6, 1986, 100 Stat. 622; Pub. L. 102–83, § 5(c)(2), Aug. 6, 1991, 105 Stat. 406, related to prior service credit 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.

Amendments

2019—Subsec. (b)(3)(A). Pub. L. 116–92, § 6202(c), substituted “

March 31, 1991” for “

October 1, 1990” in two places. Subsec. (h)(4). Pub. L. 116–92, § 6202(a)(2)(A)(ii), substituted “2031(l)” for “2031(k)”. 2000—Subsec. (h)(1)(A). Pub. L. 106–346, in introductory provisions, substituted “

December 31, 2000” for “

December 31, 2002” and in table struck out item at end relating to payment of 7.5 percent of basic pay for service period

January 1, 2001, to

December 31, 2002. 1997—Subsec. (h)(1). Pub. L. 105–33 amended par. (1) generally. Prior to amendment, par. (1) read as follows: “Each participant who has performed military service before the date of separation on which entitlement to an annuity under this subchapter is based may pay to the Agency an amount equal to 7 percent of the amount of basic pay paid under section 204 of title 37 to the participant for each period of military service after December 1956. The amount of such payments shall be based on such evidence of basic pay for military service as the participant may provide or, if the Director determines sufficient evidence has not been provided to adequately determine basic pay for military service, such payment shall be based upon estimates of such basic pay provided to the Director under paragraph (4).”

Statutory Notes and Related Subsidiaries

Change of Name

Reference to Reserve Corps of the Public Health Service deemed to be a reference to the Ready Reserve Corps, see section 204(c)(3) of Title 42, The Public Health and Welfare.

Effective Date

of 2019 AmendmentAmendment by Pub. L. 116–92 effective as if enacted on Oct. 28, 2009, and applicable to computations or participants, respectively, as of such date, see section 6202(e) of Pub. L. 116–92, set out as a note under section 2031 of this title.

Effective Date

of 2000 AmendmentAmendment by Pub. L. 106–346 effective upon the close of calendar year 2000 and applicable thereafter, see section 101(a) [title V, § 505(i)] of Pub. L. 106–346, set out as a note under section 8334 of Title 5, Government Organization and Employees.

Effective Date

of 1997 AmendmentAmendment by Pub. L. 105–33 effective Oct. 1, 1997, see section 7001(f) of Pub. L. 105–33, set out as a note under section 8334 of Title 5, Government Organization and Employees.

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.

§2082 Prior service credit

Summary

Title 50, §2082

Notes & Related Subsidiaries

Editorial Notes

References in Text

Prior Provisions

Amendments

Statutory Notes and Related Subsidiaries

Change of Name

Effective Date

Effective Date

Effective Date

Effective Date

Citations & Metadata