§2083 — Title 50 War and National Defense | U.S. Code

Summary

If an Agency employee leaves their job to enter military service during a war or a national emergency, they are not treated as having quit for retirement and benefit purposes unless they apply for and receive a refund of their contributions. They cannot be treated as keeping their Agency job after the later of December 31, 1956, or five years of such military service. The Agency does not have to make retirement contributions for the time the employee is on active military leave, except where sections 2082(e) or 2082(h) say otherwise.

Title 50, §2083

War and National Defense — Source: USLM XML via OLRC

(a)A participant who, during the period of any war or of any national emergency as proclaimed by the President or declared by the Congress, leaves the participant’s position in the Agency to enter military service shall not be considered, for purposes of this subchapter, as separated from the participant’s position in the Agency by reason of such military service, unless the participant applies for and receives a refund of contributions under this subchapter. Such a participant may not be considered as retaining such position in the Agency after December 31, 1956, or upon the expiration of five years of such military service, whichever is later.

(b)Except to the extent provided under section 2082(e) or 2082(h) of this title, contributions shall not be required covering periods of leave of absence from the Agency granted a participant while performing active service in the Armed Forces.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 253 of Pub. L. 88–643, title II, Oct. 13, 1964, 78 Stat. 1052; Pub. L. 99–335, title V, § 501(2), June 6, 1986, 100 Stat. 622, related to credit for service while on military leave 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.

§2083 Credit for Service While on Military Leave