§2152 Special Rules Relating to Section 2013 Criteria Employees

Summary

Employees at the Agency who are chosen by the Director under the criteria in section 2013 must be treated like law enforcement officers for figuring retirement benefits and duties under chapter 84 of title 5. Sections 2053 and 2055 also apply to those employees, but their retirement amounts are set under chapter 84. Section 2111 applies too, except that contributions while on recall follow section 8422 of title 5. If a recalled employee goes back to retired status, their annuity must be recalculated under chapter 84. An "affected employee" is an Agency worker covered by chapter 84 who, while in a designated position, is injured or becomes ill on duty before getting an annuity, can no longer do the covered job, and is placed in a different, non-covered civil service job inside the Agency. "Covered positions" include law enforcement officers, customs and border protection officers, firefighters, air traffic controllers, nuclear materials couriers, members of the U.S. Capitol Police and Supreme Court Police, special agents, and affected employees. Unless the employee files an election, time worked in the new job will count as covered service for benefits and payroll deductions if the move has no break in service longer than 3 days. That counting ends if the employee later moves into a supervisory or administrative role tied to the old covered job. An affected employee may choose instead to have their service treated under chapter 84.