50 U.S.C. § 2081: Computation of length of…

Summary

Count a participant’s service time from the day they become a participant. Do not count time away from the Agency or unpaid leave that adds up to more than six months in any calendar year. But time on leave while getting benefits under chapter 81 of title 5, and time on leave while serving on active, honorable duty in the Armed Forces, does count. If someone leaves and then returns to government work, any part of the break when they were getting chapter 81 benefits is counted. The Director can make a list of places outside the United States that are so harsh they are called unhealthful, after talking with the Secretary of State. Each year spent at one of those posts, including regular leave, counts as one and a half years for retirement. Any partial month counts as a full month. You cannot get this extra credit if you are already paid a differential under sections 5925 or 5928 of title 5 for the same service.

Title 50, §2081

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(a)In general

(1)Crediting service as participant

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)Exclusion of certain periods

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)Crediting certain periods of separation

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)Extra credit for periods served at unhealthful posts overseas

(1)Classification of certain posts as unhealthful

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)Extra credit

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)Coordination with benefits under title 5

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