§2152 Special Rules Relating to Section 2013 Criteria Employees

Summary

Designated Agency employees who meet the criteria in section 2013 must be treated like law enforcement officers for figuring retirement pay and duties under chapter 84 of title 5. The rules about voluntary and mandatory retirement in sections 2053 and 2055 apply to these employees, but their retirement benefits are worked out under chapter 84. Rules about recall to duty in section 2111 also apply, except that contributions while on recall follow section 8422. If a recalled employee returns to retired status, their annuity is recalculated under chapter 84. If an employee is hurt or gets sick on the job in a designated position before they are eligible for an annuity, and they can no longer do that job and are moved to a non-covered Agency job, they are an “affected employee.” Covered positions include several types of law enforcement, customs and border protection officers, firefighters, air traffic controllers, nuclear couriers, Capitol Police, Supreme Court Police, and certain special agents. Unless the affected employee chooses otherwise, time worked in the new non-covered job counts as covered service for retirement and contribution rules (including eligibility for annuities under sections 2053 or 8412(d)(1)), but only if the move has no break in service longer than 3 days. That special treatment ends if they later move into a supervisory or administrative role related to their old duties. An affected employee may elect not to use the special treatment and have their service handled under chapter 84 instead.